TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.102 ELECTRONIC REPORTING
Section 725.102 Electronic Reporting
The filing of any document pursuant to any provision of this
Part as an electronic document is subject to 35 Ill. Adm. Code 720.104.
BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR
271.10(b), 271.11(b), and 271.12(h) (2005), as amended at 70 Fed. Reg. 59848 (Oct.
13, 2005).
(Source: Added at 31 Ill.
Reg. 1031, effective December 20, 2006)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.104 IMMINENT HAZARD ACTION
Section 725.104 Imminent
Hazard Action
Notwithstanding any other
provisions of these regulations, enforcement actions may be brought pursuant to
Title VIII of the Illinois Environmental Protection Act.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
SUBPART B: GENERAL FACILITY STANDARDS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.110 APPLICABILITY
Section 725.110
Applicability
The regulations in this Subpart B
apply to owners and operators of all hazardous waste facilities, except as
Section 725.101 provides otherwise.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.111 USEPA IDENTIFICATION NUMBER
Section 725.111 USEPA
Identification Number
Every facility owner or operator
must apply to the Agency for a USEPA identification number using Notification
of RCRA Subtitle C Activities (Site Identification Form) (USEPA Form 8700-12).
BOARD NOTE: USEPA Form 8700-12
is available from the Agency, Bureau of Land (217-782-6762). It is also
available on-line for download in PDF file format: www.epa.gov/
hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.
(Source: Amended at 43 Ill.
Reg. 6049, effective May 2, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.112 REQUIRED NOTICES
Section 725.112 Required
Notices
a) Receipt from a Foreign Source. The owner or operator of a
facility that has arranged to receive hazardous waste subject to Subpart H of
35 Ill. Adm. Code 722, from a foreign source must submit the following required
notices:
1) As required by 35 Ill. Adm. Code 722.184(b), for imports where
the competent authority of the country of export does not require the foreign
exporter to submit to it a notification proposing export and obtain consent
from USEPA and the competent authorities for the countries of transit, the
owner or operator of the facility, if acting as the importer, must provide
notification of the proposed transboundary movement in English to USEPA using
the methods listed in 35 Ill. Adm. Code 722.184(b)(1) at least 60 days before
the first shipment is expected to depart the country of export. The
notification may cover up to one year of shipments of wastes having similar
physical and chemical characteristics; the same United
Nations/USDOT identification number from the Hazardous Materials Table in 49
CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111; the
same USEPA hazardous waste numbers; and the same
applicable OECD waste codes from the lists in the OECD Guidance Manual,
incorporated by reference in 35 Ill. Adm. Code 720.111; and being sent from
the same foreign exporter.
2) As
required by 35 Ill. Adm. Code 722.184(d)(2)(O), a copy of the movement document
with all the required signatures within three working days after receiving the
shipment to the foreign exporter; to the competent authorities of the countries
of export and transit that control the shipment as an export and transit
shipment of hazardous waste respectively; and on or after the electronic
import-export reporting compliance date, to EPA electronically using USEPA's Waste Import Export Tracking System (WIETS).
The original of the signed movement document must be maintained at the facility
for at least three years. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted documents in
the facility's account on USEPA's WIETS, if copies
are readily available for viewing and production upon request by any USEPA or
Agency inspector. An owner or operator of a facility may be held liable for
the inability to produce the documents for inspection under this section if the
owner or operator of a facility can demonstrate that the inability to produce
the document is due exclusively to technical difficulty with USEPA's WIETS for
which the owner or operator of a facility bears no responsibility.
3) As
required by 35 Ill. Adm. Code 722.184(f)(4), if the facility has physical
control of the waste and it must be sent to an alternate facility or returned
to the country of export, the owner or operator of the facility must inform
USEPA, using the methods listed in 35 Ill. Adm. Code 722.184(b)(1) of the need
to return or arrange alternate management of the shipment.
4) As
required by 35 Ill. Adm. Code 722.184(g), the owner or operator must:
A) Send
copies of the signed and dated confirmation of recovery or disposal, as soon as
possible, but within thirty days after completing recovery or disposal on the
waste in the shipment and within one calendar year after receiving the waste,
to the foreign exporter, to the competent authority of the country of export that
controls the shipment as an export of hazardous waste. For shipments recycled
or disposed of on or after the electronic import-export reporting compliance
date, to USEPA electronically using USEPA's WIETS.
B) If the
facility performed any of recovery operations R12, R13, or RC3 or disposal
operations D13 through D15, promptly send copies of the confirmation of
recovery or disposal that it receives from the final recovery or disposal
facility within one year of shipment delivery to the final recovery or disposal
facility that performed one of recovery operations R1 through R11 or RC1 or one
of disposal operations D1 through D12, or DC1 to DC2, to the competent
authority of the country of export that controls the shipment as an export of
hazardous waste; on or after the electronic import-export reporting compliance
date, to USEPA electronically using USEPA's WIETS, or its successor system. The
recovery and disposal operations in this subsection are defined in 35 Ill. Adm.
Code 722.181.
b) Before transferring ownership or operation of a facility
during its operating life, or of a disposal facility during the post-closure
care period, the owner or operator must notify the new owner or operator in
writing of the requirements of this Part and 35 Ill. Adm. Code 702 and 703
(also see 35 Ill. Adm. Code 703.155).
BOARD NOTE:
An owner's or operator's failure to notify the new owner or operator of the
requirements of this Part in no way relieves the new owner or operator of his
obligation to comply with all applicable requirements.
(Source: Amended at 48 Ill.
Reg. 9911, effective June 20, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.113 GENERAL WASTE ANALYSIS
Section 725.113 General
Waste Analysis
a) Waste Analysis
1) Before an owner or operator treats, stores, or disposes of any
hazardous wastes, or non-hazardous wastes if applicable under Section
725.213(d), the owner or operator must obtain a detailed chemical and physical
analysis of a representative sample of the wastes. At a minimum, the analysis
must contain all the information that must be known to treat, store, or dispose
of the waste in accordance with this Part and 35 Ill. Adm. Code 728.
2) The analysis may include data developed under 35 Ill. Adm.
Code 721 and existing published or documented data on the hazardous waste or on
waste generated from similar processes.
BOARD NOTE:
For example, the facility's record of analyses performed on the waste before
the effective date of these regulations or studies conducted on hazardous waste
generated from processes similar to that which generated the waste to be managed
at the facility may be included in the data base required to comply with
subsection (a)(1), except as otherwise specified in 35 Ill. Adm. Code
728.107(b) and (c). The owner or operator of an off-site facility may arrange
for the generator of the hazardous waste to supply part or all of the
information required by subsection (a)(1). If the generator does not supply
the information and the owner or operator chooses to accept a hazardous waste,
the owner or operator is responsible for obtaining the information required to
comply with this Section.
3) The analysis must be repeated as necessary to ensure that it
is accurate and up to date. At a minimum, the analysis must be repeated as
follows:
A) When the owner or operator is notified or has reason to believe
that the process or operation generating the hazardous waste, or non-hazardous
waste if applicable under Section 725.213(d), has changed; and
B) For off-site facilities, when the results of the inspection
required in subsection (a)(4) indicate that the hazardous waste received at the
facility does not match the waste designated on the accompanying manifest or
shipping paper.
4) The owner or operator of an off-site facility must inspect
and, if necessary, analyze each hazardous waste movement received at the
facility to determine whether it matches the identity of the waste specified on
the accompanying manifest or shipping paper.
b) The owner or operator must develop and follow a written waste
analysis plan that describes the procedures that the owner or operator will
carry out to comply with subsection (a). The owner or operator must keep this
plan at the facility. At a minimum, the plan must specify the following:
1) The parameters for which each hazardous waste, or
non-hazardous waste if applicable under Section 725.213(d), will be analyzed
and the rationale for the selection of these parameters (i.e., how analysis for
these parameters will provide sufficient information on the waste's properties
to comply with subsection (a)).
2) The test methods that will be used to test for these
parameters.
3) The sampling method that will be used to obtain a
representative sample of the waste to be analyzed. A representative sample may
be obtained using either of the following methods:
A) One of the sampling methods described in Appendix A to 35 Ill.
Adm. Code 721, or
B) An equivalent sampling method.
BOARD NOTE: See 35 Ill. Adm. Code 720.120(c) for related discussion.
4) The frequency with which the initial analysis of the waste
will be reviewed or repeated to ensure that the analysis is accurate and
up-to-date.
5) For off-site facilities, the waste analyses that hazardous
waste generators have agreed to supply.
6) Where applicable, the methods that will be used to meet the
additional waste analysis requirements for specific waste management methods,
as specified in Sections 725.300, 725.325, 725.352, 725.373, 725.414, 725.441,
725.475, 725.502, 725.934(d), 725.963(d), and 725.984 and 35 Ill. Adm. Code
728.107.
7) For surface impoundments exempted from land disposal
restrictions under 35 Ill. Adm. Code 728.104(a), the procedures and schedules
for the following:
A) The sampling of impoundment contents;
B) The analysis of test data; and
C) The annual removal of residues that are not delisted under 35
Ill. Adm. Code 720.122 or that exhibit a characteristic of hazardous waste and
either of the following is true:
i) The waste residues do not meet the applicable treatment standards
of Subpart D of 35 Ill. Adm. Code 728, or
ii) Where no treatment standards have been established, the waste
residues are prohibited from land disposal under 35 Ill. Adm. Code 728.132 or 728.139.
8) For an owner or operator seeking an exemption to the air
emission standards of Subpart CC of 35 Ill. Adm. Code 724 in accordance with
Section 725.983:
A) If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the analysis of
test data to verify the exemption.
B) If knowledge of the waste is used for the waste determination,
any information prepared by the facility owner or operator, or by the generator
of the waste if the waste is received from off-site, that is used as the basis
for knowledge of the waste.
c) For off-site facilities, the waste analysis plan required in
subsection (b) must also specify the procedures that will be used to inspect
and, if necessary, analyze each movement of hazardous waste received at the
facility to ensure that it matches the identity of the waste designated on the
accompanying manifest or shipping paper. At a minimum, the plan must describe
the following:
1) The procedures that will be used to determine the identity of
each movement of waste managed at the facility;
2) The sampling method that will be used to obtain a
representative sample of the waste to be identified if the identification
method includes sampling; and
3) The procedures that the owner or operator of an off-site
landfill receiving containerized hazardous waste will use to determine whether
a hazardous waste generator or treater has added a biodegradable sorbent to the
waste in the container.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.114 SECURITY
Section 725.114 Security
a) The owner or operator must prevent the unknowing entry and
minimize the possibility for the unauthorized entry of persons or livestock
onto the active portion of his facility, unless the following are true:
1) Physical contact with the waste, structures, or equipment of
the active portion of the facility will not injure unknowing or unauthorized
persons or livestock that may enter the active portion of the facility; and
2) Disturbance of the waste or equipment by the unknowing or
unauthorized entry of persons or livestock onto the active portion of a
facility will not cause a violation of the requirements of this Part.
b) Unless exempt under subsections (a)(1) and (a)(2), a facility
must have the following:
1) A 24-hour surveillance system (e.g., television monitoring or
surveillance by guards or facility personnel) that continuously monitors and
controls entry into the active portion of the facility; or
2) Controlled access, including the following minimum elements:
A) An artificial or natural barrier (e.g., a fence in good repair
or a fence combined with a cliff) that completely surrounds the active portion
of the facility; and
B) A means to control entry at all times through the gates or
other entrances to the active portion of the facility (e.g., an attendant,
television monitors, locked entrance, or controlled roadway access to the
facility).
BOARD NOTE:
The requirements of subsection (b) are satisfied if the facility or plant
within which the active portion is located itself has a surveillance system or
a barrier and a means to control entry that complies with the requirements of
subsection (b)(1) or (b)(2).
c) Unless exempt under subsection (a)(1) or (a)(2), a sign with
the legend, "Danger − Unauthorized Personnel Keep Out", must be
posted at each entrance to the active portion of a facility and at other
locations in sufficient numbers to be seen from any approach to this active
portion. The sign must be legible from a distance of at least 25 feet.
Existing signs with a legend other than "Danger − Unauthorized
Personnel Keep Out" may be used if the legend on the sign indicates that
only authorized personnel are allowed to enter the active portion and that
entry onto the active portion can be dangerous.
BOARD NOTE:
See Section 725.217(b) for discussion of security requirements at disposal
facilities during the post-closure care period.
(Source: Amended at 42 Ill. Reg. 23725,
effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.115 GENERAL INSPECTION REQUIREMENTS
Section 725.115 General
Inspection Requirements
a) The owner or operator must inspect the facility for
malfunctions and deterioration, operator errors and discharges that may be
causing – or which may lead to – the conditions listed below. The owner or
operator must conduct these inspections often enough to identify problems in
time to correct them before they harm human health or the environment.
1) Release of hazardous waste constituents to the environment, or
2) A threat to human health.
b) Written schedule.
1) The owner or operator must develop and follow a written
schedule for inspecting all monitoring equipment, safety and emergency
equipment, security devices, and operating and structural equipment (such as
dikes and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
2) The owner or operator must keep this schedule at the facility.
3) The schedule must identify the types of problems (e.g.,
malfunctions or deterioration) that are to be looked for during the inspection
(e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of deterioration
of the equipment and the probability of an environmental or human health
incident if the deterioration, malfunction, or operator error goes undetected
between inspections. Areas subject to spills, such as loading and unloading
areas, must be inspected daily when in use. At a minimum, the inspection
schedule must include the items and frequencies called for in Sections 725.274,
725.293, 725.295, 725.326, 725.360, 725.378, 725.404, 725.447, 725.477,
725.503, 725.933, 725.952, 725.953, 725.958, and 725.984 through 725.990, where
applicable.
5) This
subsection (b)(5) corresponds with 40 CFR 265.15(b)(5), which became obsolete
when USEPA terminated the Performance Track Program at 74 Fed. Reg.
22741 (May 14, 2009). USEPA has recognized that program-related rules are no
longer effective at 75 Fed. Reg. 12989, 12992, note 1 (Mar. 18, 2010). This
statement maintains structural consistency with the corresponding federal
requirements.
c) The
owner or operator must remedy any deterioration or malfunction of equipment or
structure that the inspection reveals on a schedule that ensures that the
problem does not lead to an environmental or human health hazard. Where a
hazard is imminent or has already occurred, remedial action must be taken
immediately.
d) The owner or operator must record inspections in an inspection
log or summary. The owner or operator must keep these records for at least
three years from the date of inspection. At a minimum, these records must
include the date and time of the inspection, the name of the inspector, a
notation of the observations made and the date, and nature of any repairs or
other remedial actions.
(Source: Amended at 35 Ill.
Reg. 18052, effective October 14, 2011)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.116 PERSONNEL TRAINING
Section 725.116 Personnel
Training
a) Personnel Training Program
1) Facility personnel must successfully complete a program of
classroom instruction or on-the-job training that teaches them to perform their
duties in a way that ensures the facility's compliance with the requirements of
this part. The owner or operator must ensure that this program includes all
the elements described in the document required under subsection (d)(3).
2) This program must be directed by a person trained in hazardous
waste management procedures, and must include instruction that teaches facility
personnel hazardous waste management procedures (including contingency plan
implementation) relevant to the positions in which they are employed.
3) At a minimum, the training program must be designed to ensure
that facility personnel are able to respond effectively to emergencies by
familiarizing them with emergency procedures, emergency equipment and emergency
systems, including the following where applicable:
A) Procedures for using, inspecting, repairing and replacing
facility emergency and monitoring equipment;
B) Key parameters for automatic waste feed cut-off systems;
C) Communications or alarm systems;
D) Response to fires or explosions;
E) Response to groundwater contamination incidents; and
F) Shutdown of operations.
4) For
facility employees that receive emergency response training pursuant to the
federal Occupational Safety and Health Administration (OSHA) regulations at 29
CFR 1910.120(p)(8) and 1910.120(q), the facility is not required to provide
separate emergency response training pursuant to this section, provided that
the overall facility OSHA emergency response training meets all the
requirements of this Section.
b) Facility personnel must successfully complete the program
required in subsection (a) upon the effective date of these regulations or six
months after the date of their employment or assignment to a facility or to a
new position at a facility, whichever is later. Employees hired after the
effective date of these regulations must not work in unsupervised positions
until they have completed the training requirements of subsection (a).
c) Facility personnel must take part in an annual review of the
initial training required in subsection (a).
d) The owner or operator must maintain the following documents
and records at the facility:
1) The job title for each position at the facility related to
hazardous waste management and the name of the employee filling each job;
2) A written job description for each position listed under
subsection (d)(1). This description may be consistent in its degree of
specificity with descriptions for other similar positions in the same company
location or bargaining unit, but must include the requisite skill, education,
or other qualifications and duties of facility personnel assigned to each
position;
3) A written description of the type and amount of both
introductory and continuing training that will be given to each person filling
a position listed under subsection (d)(1);
4) Records that document that the training or job experience
required under subsections (a), (b), and (c) has been given to and completed by
facility personnel.
e) Training records on current personnel must be kept until
closure of the facility. Training records on former employees must be kept for
at least three years from the date the employee last worked at the facility.
Personnel training records may accompany personnel transferred within the same
company.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.117 GENERAL REQUIREMENTS FOR IGNITABLE, REACTIVE, OR INCOMPATIBLE WASTES
Section 725.117 General
Requirements for Ignitable, Reactive, or Incompatible Wastes
a) The owner or operator must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. This waste
must be separated and protected from sources of ignition or reaction,
including, but not limited to, open flames, smoking, cutting and welding, hot
surfaces, frictional heat, sparks (static, electrical or mechanical),
spontaneous ignition (e.g., from heat-producing chemical reactions), and
radiant heat. While ignitable or reactive waste is being handled, the owner or
operator must confine smoking and open flame to specially designated locations.
"No Smoking" signs must be conspicuously placed wherever there is a
hazard from ignitable or reactive waste.
b) Where specifically required by other Sections of this Part,
the treatment, storage, or disposal of ignitable or reactive waste and the
mixture or commingling of incompatible waste or incompatible wastes and
materials, must be conducted so that it does not do any of the following:
1) It does not generate extreme heat or pressure, fire or
explosion, or violent reaction;
2) It does not produce uncontrolled toxic mists, fumes, dusts, or
gases in sufficient quantities to threaten human health;
3) It does not produce uncontrolled flammable fumes or gases in
sufficient quantities to pose a risk of fire or explosions;
4) It does not damage the structural integrity of the device or
facility containing the waste; or
5) Through other like means, it does not threaten human health or
the environment.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.118 LOCATION STANDARDS
Section 725.118 Location
Standards
The placement of any hazardous
waste in a salt dome, salt bed formation, underground mine, or cave is
prohibited.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.119 CONSTRUCTION QUALITY ASSURANCE PROGRAM
Section 725.119 Construction
Quality Assurance Program
a) CQA Program
1) A construction quality assurance (CQA) program is required for
all surface impoundment, waste pile and landfill units that are required to
comply with Sections 725.321(a), 725.354, and 725.401(a). The program must
ensure that the constructed unit meets or exceeds all design criteria and
specifications in this Part. The program must be developed and implemented
under the direction of a CQA officer that is a registered professional
engineer.
2) The CQA program must address the following physical components,
where applicable:
A) Foundations;
B) Dikes;
C) Low-permeability soil liners;
D) Geomembranes (flexible membrane liners);
E) Leachate collection and removal systems and leak detection
systems; and
F) Final cover systems.
b) Written CQA plan. Before construction begins on a unit
subject to the CQA program under subsection (a), the owner or operator must
develop a written CQA plan. The plan must identify steps that will be used to
monitor and document the quality of materials and the condition and manner of
their installation. The CQA plan must include the following:
1) Identification of applicable units and a description of how
they will be constructed.
2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
3) A description of inspection and sampling activities for all
unit components identified in subsection (a)(2), including observations and
tests that will be used before, during and after construction to ensure that
the construction materials and the installed unit components meet the design
specifications. The description must cover: Sampling size and locations;
frequency of testing; data evaluation procedures; acceptance and rejection
criteria for construction materials; plans for implementing corrective
measures; and data or other information to be recorded and retained in the
operating record under Section 725.173.
c) Contents of Program
1) The CQA program must include observations, inspections, tests
and measurements sufficient to ensure the following:
A) Structural stability and integrity of all components of the
unit identified in subsection (a)(2);
B) Proper construction of all components of the liners, leachate
collection and removal system, leak detection system, and final cover system,
according to permit specifications and good engineering practices, and proper
installation of all components (e.g., pipes) according to design
specifications;
C) Conformity of all materials used with design and other material
specifications under 35 Ill. Adm. Code 724.321, 724.351, and 724.401.
2) The CQA program must include test fills for compacted soil
liners, using the same compaction methods as in the full-scale unit, to ensure
that the liners are constructed to meet the hydraulic conductivity requirements
of 35 Ill. Adm. Code 724.321(c)(1), 724.351(c)(1), or 724.401(c)(1) in the
field. Compliance with the hydraulic conductivity requirements must be verified
by using in-situ testing on the constructed test fill. The test fill
requirement is waived where data are sufficient to show that a constructed soil
liner meets the hydraulic conductivity requirements of 35 Ill. Adm. Code
724.321(c)(1), 724.351(c)(1), or 724.401(c)(1) in the field.
d) Certification. The owner or operator of units subject to this
Section must submit to the Agency by certified mail or hand delivery, at least
30 days prior to receiving waste, a certification signed by the CQA officer
that the CQA plan has been successfully carried out and that the unit meets the
requirements of Sections 725.321(a), 725.354, or 725.401(a). The owner or
operator may receive waste in the unit after 30 days from the Agency's receipt
of the CQA certification unless the Agency determines in writing that the
construction is not acceptable, or extends the review period for a maximum of
30 more days, or seeks additional information from the owner or operator during
this period. Documentation supporting the CQA officer's certification must be
furnished to the Agency upon request.
e) Final Agency determinations pursuant to this Section are
deemed to be permit denials for purposes of appeal to the Board pursuant to
Section 40 of the Environmental Protection Act.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
SUBPART C: PREPAREDNESS AND PREVENTION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.130 APPLICABILITY
Section 725.130
Applicability
The regulations in this Subpart
C apply to owners and operators of all hazardous waste facilities, except as Section
725.101 provides otherwise.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.131 MAINTENANCE AND OPERATION OF FACILITY
Section 725.131 Maintenance
and Operation of Facility
Facilities must be maintained
and operated to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water that could threaten human health or the
environment.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.132 REQUIRED EQUIPMENT
Section 725.132 Required
Equipment
All facilities must be equipped
with the following, unless none of the hazards posed by waste handled at the
facility could require a particular kind of equipment specified below:
a) An internal communications or alarm system capable of
providing immediate emergency instruction (voice or signal) to facility
personnel;
b) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments, or State
or local emergency response teams;
c) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or dry
chemicals), spill control equipment and decontamination equipment; and
d) Water at adequate volume and pressure to supply water hose
streams or foam producing equipment or automatic sprinklers or water spray
systems.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.133 TESTING AND MAINTENANCE OF EQUIPMENT
Section 725.133 Testing and
Maintenance of Equipment
All facility communications or
alarm systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and maintained as
necessary to assure its proper operation in time of emergency.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.134 ACCESS TO COMMUNICATIONS OR ALARM SYSTEM
Section 725.134 Access to
Communications or Alarm System
a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have immediate
access to an internal alarm or emergency communication device, either directly
or through visual or voice contact with another employee, unless such a device
is not required under Section 725.132.
b) If there is ever just one employee on the premises while the
facility is operating, he must have immediate access to a device, such as a
telephone (immediately available at the scene of operation) or a hand-held
two-way radio, capable of summoning external emergency assistance, unless such
a device is not required under Section 725.132.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.135 REQUIRED AISLE SPACE
Section 725.135 Required
Aisle Space
The owner or operator must
maintain aisle space to allow the unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment to
any area of facility operation in an emergency, unless aisle space is not
needed for any of these purposes.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.137 ARRANGEMENTS WITH LOCAL AUTHORITIES
Section 725.137 Arrangements
with Local Authorities
a) The owner or operator must attempt to make the following
arrangements, as appropriate for the type of waste handled at his facility and
the potential need for the services of the following organizations:
1) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous waste handled at the facility and associated hazards, places where
facility personnel would normally be working, entrances to roads inside the
facility and possible evacuation routes;
2) Where more than one police and fire department might respond
to an emergency, agreements designating primary emergency authority to a
specific police and a specific fire department and agreements with any others
to provide support to the primary emergency authority;
3) Agreements with State emergency response teams, emergency
response contractors, and equipment suppliers; and
4) Arrangements to familiarize local hospitals with the
properties of hazardous waste handled at the facility and the types of injuries
or illnesses that could result from fires, explosions, or releases at the
facility.
b) Where State or local authorities decline to enter into such
arrangements, the owner or operator must document the refusal in the operating
record.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.150 APPLICABILITY
Section 725.150
Applicability
The regulations in this Subpart D
apply to owners and operators of all hazardous waste facilities, except as
Section 725.101 provides otherwise.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.151 PURPOSE AND IMPLEMENTATION OF CONTINGENCY PLAN
Section 725.151 Purpose and
Implementation of Contingency Plan
a) Each owner or operator must have a contingency plan for his
facility. The contingency plan must be designed to minimize hazards to human
health or the environment from fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water.
b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous waste or hazardous
waste constituents that could threaten human health or the environment.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.152 CONTENT OF CONTINGENCY PLAN
Section 725.152 Content of
Contingency Plan
a) The contingency plan must describe the actions facility
personnel must take to comply with Sections 725.151 and 725.156 in response to
fires, explosions, or any unplanned sudden or non-sudden release of hazardous
waste or hazardous waste constituents to air, soil, or surface water at the
facility.
b) If the owner or operator has already prepared a federal Spill
Prevention Control and Countermeasures (SPCC) Plan in accordance with 40 CFR
112, or some other emergency or contingency plan, it needs only amend that plan
to incorporate hazardous waste management provisions that are sufficient to
comply with the requirements of this Part. The owner or operator may develop
one contingency plan that meets all regulatory requirements. USEPA has
recommended that the plan be based on the National Response Team's Integrated
Contingency Plan Guidance (One Plan). When modifications are made to non-RCRA
provisions in an integrated contingency plan, the changes do not trigger the
need for a RCRA permit modification.
BOARD NOTE: The federal One Plan
guidance appeared in the Federal Register at 61 Fed. Reg. 28642 (June 5, 1996),
and was corrected at 61 Fed. Reg. 31103 (June 19, 1996). USEPA, Office of Resource
Conservation and Recovery, Chemical Emergency Preparedness and Prevention
Office, has made these documents available on-line for examination and download
at yosemite.epa.gov/oswer/Ceppoweb.nsf/content/serc-lepc-publications.htm.
c) The plan must describe arrangements agreed to by local police
department, fire departments, hospitals, contractors, and State and local
emergency response teams to coordinate emergency services, pursuant to Section
725.137.
d) The plan must list names, addresses, and phone numbers (office
and home) of all persons qualified to act as emergency coordinator (see Section
725.155), and this list must be kept up to date. Where more than one person is
listed one must be named as primary emergency coordinator and others must be
listed in the order in which they will assume responsibility as alternates.
e) The plan must include a list of all emergency equipment at the
facility (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and decontamination
equipment) where this equipment is required. This list must be kept up to
date. In addition, the plan must include the location and a physical
description of each item on the list and a brief outline of its capabilities.
f) The plan must include an evacuation plan for facility personnel
where there is a possibility that evacuation could be necessary. This plan
must describe signals to be used to begin evacuation, evacuation routes, and
alternate evacuation routes (in cases where the primary routes could be blocked
by releases of hazardous waste or fires).
(Source: Amended at 35 Ill.
Reg. 18052, effective October 14, 2011)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.153 COPIES OF CONTINGENCY PLAN
Section
725.153 Copies of Contingency Plan
The facility owner or operator must
undertake each of the following actions with regard to copies of the
contingency plan and all revisions to the plan:
a) It must maintain a copy
at the facility; and
b) It must
submit a copy to each local police department , fire department, hospital
, and State and local emergency response team that may be called upon to
provide emergency services at the facility.
(Source: Amended at 31 Ill. Reg. 1031, effective December
20, 2006)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.154 AMENDMENT OF CONTINGENCY PLAN
Section 725.154 Amendment of
Contingency Plan
The contingency plan must be
reviewed and immediately amended, if necessary, whenever any of the following
occurs:
a) Applicable regulations are revised;
b) The plan fails in an emergency;
c) The facility changes − in its design, construction,
operation, maintenance, or other circumstances − in a way that materially
increases the potential for fires, explosions, or releases of hazardous waste
or hazardous waste constituents or changes the response necessary in an
emergency;
d) The list of emergency coordinators changes; or
e)
The list of emergency equipment changes.
(Source: Amended at 33 Ill. Reg. 1155,
effective December 30, 2008)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.155 EMERGENCY COORDINATOR
Section 725.155 Emergency
Coordinator
At all times, there must be at
least one employee either on the facility premises or on call (i.e., available
to respond to an emergency by reaching the facility within a short period of
time) with the responsibility for coordinating all emergency response
measures. This emergency coordinator must be thoroughly familiar with all
aspects of the facility's contingency plan, all operations and activities at
the facility, the location and characteristics of waste handled, the location
of all records within the facility and the facility layout. In addition, this
person must have the authority to commit the resources needed to carry out the
contingency plan.
BOARD NOTE: The emergency
coordinator's responsibilities are more fully spelled out in Section 725.156.
Applicable responsibilities for the emergency coordinator vary, depending on
factors such as type and variety of wastes handled by the facility and type and
complexity of the facility.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.156 EMERGENCY PROCEDURES
Section 725.156 Emergency
Procedures
a) Whenever there is an imminent or actual emergency situation,
the emergency coordinator (or his designee when the emergency coordinator is on
call) must immediately do the following:
1) He or she must activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel; and
2) He or she must notify appropriate State or local agencies with
designated response roles if their help is needed.
b) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source, amount, and areal
extent of any released materials. He or she may do this by observation or
review of facility records or manifests and, if necessary, by chemical
analysis.
c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the release,
fire, or explosion. This assessment must consider both direct and indirect
effects of the release, fire, or explosion (e.g., the effects of any toxic,
irritating, or asphyxiating gases that are generated, or the effects of any
hazardous surface water run-off from water or chemical agents used to control
fire and heat-induced explosions).
d) If the emergency coordinator determines that the facility has
had a release, fire, or explosion that could threaten human health or the
environment outside the facility, the emergency coordinator must report those
findings as follows:
1) If the assessment indicates that evacuation of local areas may
be advisable, the emergency coordinator must immediately notify appropriate
local authorities. The emergency coordinator must be available to help
appropriate officials decide whether local areas should be evacuated; and
2) The emergency coordinator must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area or the National Response Center (using their 24-hour toll
free number 800-424-8802). The report must include the following:
A) The name and telephone number of the reporter;
B) The name and address of facility;
C) The time and type of incident (e.g., release, fire, etc.);
D) The name and quantity of materials involved, to the extent
known;
E) The extent of injuries, if any; and
F) The possible hazards to human health or the environment
outside the facility.
e) During an emergency the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and releases do
not occur, recur, or spread to other hazardous waste at the facility. These
measures must include, where applicable, stopping processes and operations,
collecting and containing released waste, and removing or isolating containers.
f) If the facility stops operations in response to a fire,
explosion or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or other
equipment, wherever this is appropriate.
g) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered waste, contaminated
soil, or surface water, or any other material that results from a release,
fire, or explosion at the facility.
BOARD NOTE: Unless the owner or operator can demonstrate in
accordance with 35 Ill. Adm. Code 721.103(d) or (e) that the recovered material
is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of 35 Ill. Adm. Code 722, 723, and 725.
h) The emergency coordinator must ensure that, in the affected
areas of the facility, the following occur:
1) No waste that may be incompatible with the released material
is treated, stored, or disposed of until cleanup procedures are completed; and
2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
i) The owner or operator must note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within 15 days after the incident, it must submit a written
report on the incident to the Agency. The report must include the following
information:
1) The name, address, and telephone number of the owner or
operator;
2) The name, address, and telephone number of the facility;
3) The date, time, and type of incident (e.g., fire, explosion,
etc.);
4) The name and quantity of materials involved;
5) The extent of injuries, if any;
6) An assessment of actual or potential hazards to human health
or the environment, where this is applicable; and
7) The estimated quantity and disposition of recovered material
that resulted from the incident.
(Source: Amended at 43 Ill.
Reg. 6049, effective May 2, 2019)
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.170 APPLICABILITY
Section 725.170
Applicability
The regulations in this Subpart
E apply to owners and operators of both on-site and off-site facilities, except
as Section 725.101 provides otherwise. Sections 725.171, 725.172, and 725.176
do not apply to owners and operators of on-site facilities that do not receive
any hazardous waste from off-site sources, nor do they apply to owners and
operators of off-site facilities with respect to waste military munitions
exempted from manifest requirements under 35 Ill. Adm. Code 726.303(a).
(Source: Amended at 35 Ill.
Reg. 18052, effective October 14, 2011)
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.171 USE OF MANIFEST SYSTEM
Section 725.171 Use of
Manifest System
a) Receipt
of Manifested Hazardous Waste
1) If a facility receives hazardous waste accompanied by a
manifest, the owner, operator, or its agent must sign and date the manifest, as
indicated in subsection (a)(2), to certify that the hazardous waste covered by
the manifest was received, that the hazardous waste was received except as
noted in the discrepancy space of the manifest, or that the hazardous waste was
rejected as noted in the manifest discrepancy space.
2) If a
facility receives a hazardous waste shipment accompanied by a manifest, the
owner, operator, or its agent must do the following:
A) The
owner, operator, or agent must sign and date, by hand, each copy of the
manifest;
B) The owner,
operator, or agent must note any discrepancies (as defined in 35 Ill. Adm. Code
724.172) on each copy of the manifest;
C) The
owner, operator, or agent must immediately give the transporter at least one
copy of the manifest;
D) The
owner, operator, or agent must send a copy (Page 3) of the manifest to the
generator within 30 days after delivery;
E) Paper
manifest submission requirements are the following:
i) The
owner, operator, or agent must send the top copy (Page 1) of any paper manifest
and any paper continuation sheet to the e-Manifest System for purposes of data
entry and processing. In lieu of submitting the paper copy to the e-Manifest
System operator, the owner or operator may transmit to the e-Manifest System
operator an image file of Page 1 of the manifest and any continuation sheet, or
both a data string file and the image file corresponding to Page 1 of the
manifest and any continuation sheet, within 30 days after the date of
delivery. Submissions of copies to the e-Manifest System must be made at the
mailing address or electronic mail/submission address specified at the
e-Manifest program website's directory of services. Beginning on June 30,
2021, USEPA will not accept mailed paper manifests from facilities for
processing in the e-Manifest System; and
ii) Options
for Compliance on June 30, 2021. Beginning on June 30, 2021, the requirement
to submit the top copy (Page 1) of the paper manifest and any paper
continuation sheet to the e-Manifest System for purposes of data entry and
processing may be met by the owner or operator only by transmitting to the e-Manifest
System an image file of Page 1 of the manifest and any continuation sheet, or
by transmitting to the e-Manifest System both a data file and the image file
corresponding to Page 1 of the manifest and any continuation sheet, within 30
days after the date of delivery. Submissions of copies to the e-Manifest System
must be made to the electronic mail/submission address specified at the
e-Manifest program website's directory of services. Beginning on June 30,
2021, USEPA will not accept mailed paper manifests from facilities for
processing in the e-Manifest System; and
F) The
owner, operator, or agent must retain at the facility a copy of each manifest
for at least three years after the date of delivery.
3) The
owner or operator of a facility that receives hazardous waste subject to
Subpart H of 35 Ill. Adm. Code 722 from a foreign source must:
A) Additionally
list the relevant consent number from consent documentation supplied by USEPA
to the facility for each waste listed on the hazardous waste manifest (USEPA
Form 8700-22), matched to the relevant list number for the waste from block
9b. If additional space is needed, the owner or operator should use Continuation Sheets (USEPA Form 8700-22A); and
B) Send a
copy of the manifest to USEPA using the addresses listed in 35 Ill. Adm. Code
722.182(e) within 30 days of delivery until the facility can submit such a copy
to the e-Manifest system per subsection (a)(2)(E).
b) If a facility receives from a rail or water (bulk shipment)
transporter hazardous waste that is accompanied by a shipping paper containing
all the information required on the manifest (excluding the USEPA
identification numbers, generator certification, and signatures), the owner or
operator or its agent must do each of the following:
1) It must sign and date each copy of the manifest or shipping
paper (if the manifest has not been received) to certify that the hazardous
waste covered by the manifest or shipping paper was received;
2) It must note any significant discrepancies, as defined in
Section 725.172(a), in the manifest or shipping paper (if the manifest has not
been received) on each copy of the manifest or shipping paper;
BOARD NOTE: The owner or operator of a facility whose
procedures under Section 725.113(c) include waste analysis need not perform
that analysis before signing the shipping paper and giving it to the
transporter. Section 725.172(b), however, requires reporting an unreconciled
discrepancy discovered during later analysis.
3) It must immediately give the rail or water (bulk shipment)
transporter at least one copy of the manifest or shipping paper (if the
manifest has not been received);
4) The owner or operator must send a copy of the signed and dated
manifest or a signed and dated copy of the shipping paper (if the manifest has
not been received within 30 days after delivery) to the generator within 30
days after the delivery; and
BOARD NOTE: 35 Ill. Adm. Code 722.123(c) requires the
generator to send three copies of the manifest to the facility when hazardous
waste is sent by rail or water (bulk shipment).
5) Retain at the facility a copy of the manifest and shipping
paper (if signed in lieu of the manifest at the time of delivery) for at least
three years from the date of delivery.
c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the requirements
of 35 Ill. Adm. Code 722. The provisions of 35 Ill. Adm. Code 722.115,
722.116, and 722.117 apply to the on-site accumulation of hazardous wastes by
generators. Therefore, the provisions of 35 Ill. Adm. Code 722.115, 722.116,
and 722.117 only apply to an owner or operator that ships hazardous waste that it
generated at that facility or operating as an LQG consolidating hazardous waste
from VSQGs under 35 Ill. Adm. Code 722.117(f).
d) As required by 40 CFR 262.84(d)(2)(O), within three working
days after the receipt of a shipment subject to Subpart H of 35 Ill. Adm. Code
722, the owner or operator of a facility must provide a copy of the movement
document bearing all required signatures to the foreign exporter and to the
competent authorities of the countries of export and transit that control the
shipment as an export or transit of hazardous waste. On or after the
electronic import-export reporting compliance date, to USEPA electronically
using USEPA's WIETS. The original copy of the tracking document must be
maintained at the facility for at least three years from the date of signature.
The owner or operator of a facility may satisfy this recordkeeping requirement
by retaining electronically submitted documents in the facility's account on
USEPA's WIETS, provided that copies are readily available for viewing and
production if requested by any USEPA or authorized state inspector. No owner
or operator of a facility may be held liable for the inability to produce the
documents for inspection under this section if the owner or operator of a
facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with USEPA's WIETS, for which the owner or
operator of a facility bears no responsibility.
e) A
facility must determine whether the consignment state for a shipment regulates
any additional wastes (beyond those regulated federally) as hazardous wastes
under its state hazardous waste program. A facility must also determine
whether the consignment state or generator state requires the facility to
submit any copies of the manifest to that state.
f) Legal
Equivalence to Paper Manifests. E-Manifests that are obtained, completed,
transmitted in accordance with 35 Ill. Adm. Code 722.120(a)(3), and used in
accordance with this Section in lieu of the paper manifest form are the legal
equivalent of paper manifest forms bearing handwritten signatures, and satisfy
for all purposes any requirement in 35 Ill. Adm. Code 720 through 728 to
obtain, complete, sign, provide, use, or retain a manifest.
1) Any
requirement in 35 Ill. Adm. Code 720 through 728 for the owner or operator of a
facility to sign a manifest or manifest certification by hand, or to obtain a
handwritten signature, is satisfied by signing with or obtaining a valid and
enforceable electronic signature within the meaning of 35 Ill. Adm. Code
722.125.
2) Any
requirement in 35 Ill. Adm. Code 720 through 728 to give, provide, send,
forward, or to return to another person a copy of the manifest is satisfied
when a copy of an e-Manifest is transmitted to the other person.
3) Any
requirement in 35 Ill. Adm. Code 720 through 728 for a manifest to accompany a
hazardous waste shipment is satisfied when a copy of an e-Manifest is
accessible during transportation and forwarded to the person or persons who are
scheduled to receive delivery of the hazardous waste shipment.
4) Any
requirement in 35 Ill. Adm. Code 720 through 728 for an owner or operator to
keep or retain a copy of each manifest is satisfied by the retention of the
facility's e-Manifest copies in its account on the e-Manifest System, provided
that such copies are readily available for viewing and production if requested
by any USEPA or Agency inspector.
5) No
owner or operator may be held liable for the inability to produce an e-Manifest
for inspection under this Section if the owner or operator can demonstrate that
the inability to produce the e-Manifest is due exclusively to a technical
difficulty with the e-Manifest System for which the owner or operator bears no
responsibility.
g) An
owner or operator may participate in the e-Manifest System either by accessing
the e-Manifest System from the owner's or operator's electronic equipment, or
by accessing the e-Manifest System from portable equipment brought to the owner's
or operator's site by the transporter that delivers the waste shipment to the
facility.
h) Special
Procedures Applicable to Replacement Manifests. If a facility receives
hazardous waste that is accompanied by a paper replacement manifest for a
manifest that was originated electronically, the following procedures apply to
the delivery of the hazardous waste by the final transporter:
1) Upon
delivery of the hazardous waste to the designated facility, the owner or
operator must sign and date each copy of the paper replacement manifest by hand
in Item 20 (Designated Facility Certification of Receipt) and note any
discrepancies in Item 18 (Discrepancy Indication Space) of the paper
replacement manifest;
2) The
owner or operator of the facility must give back to the final transporter one
copy of the paper replacement manifest;
3) Within
30 days after delivery of the hazardous waste to the designated facility, the
owner or operator of the facility must send one signed and dated copy of the
paper replacement manifest to the generator and send an additional signed and
dated copy of the paper replacement manifest to the e-Manifest System; and
4) The
owner or operator of the facility must retain at the facility one copy of the
paper replacement manifest for at least three years after the date of delivery.
i) Special
Procedures Applicable to Electronic Signature Methods Undergoing Tests. If an
owner or operator using an e-Manifest signs this manifest electronically using
an electronic signature method that is undergoing pilot or demonstration tests
aimed at demonstrating the practicality or legal dependability of the signature
method, the owner or operator must also sign with an ink signature the facility's
certification of receipt or discrepancies on the printed copy of the manifest
provided by the transporter. Upon executing its ink signature on this printed
copy, the owner or operator must retain this original copy among its records
for at least three years after the date of delivery of the waste.
j) Imposition
of User Fee for e-Manifest Use
1) As
prescribed in 40 CFR 265.1311, incorporated by reference in 35 Ill. Adm. Code
720.111, and determined in 40 CFR 265.1312, incorporated by reference in 35
Ill. Adm. Code 720.111, an owner or operator that is a user of the e-Manifest
System must be assessed a user fee by USEPA for the submission and processing
of each e-Manifest and paper manifest. USEPA has stated that it would update
the schedule of user fees and publish them to the user community, as provided
in 40 CFR 265.1313, incorporated by reference in 35 Ill. Adm. Code 720.111.
2) An
owner or operator subject to user fees under this Section must make user fee
payments in accordance with the requirements of 40 CFR 265.1314, incorporated
by reference in 35 Ill. Adm. Code 720.111, subject to the informal fee dispute
resolution process of 40 CFR 265.1316, incorporated by reference in 35 Ill.
Adm. Code 720.111, and subject to the sanctions for delinquent payments under
40 CFR 265.1315, incorporated by reference in 35 Ill. Adm. Code 720.111.
k) E-Manifest
Signatures. E-Manifest signatures must meet the criteria described in 35 Ill.
Adm. Code 722.125.
l) Post-Receipt
Manifest Data Corrections. After a facility has certified to the receipt of
hazardous wastes by signing Item 20 of the manifest, any interested person
(i.e., any waste handler shown on the manifest or the Agency) may submit any post-receipt
data corrections at any time.
1) An
interested person must make all corrections to manifest data by electronic
submission, either by directly entering corrected data to the web-based service
provided in the e-Manifest System for such corrections, or by an upload of a
data file containing data corrections relating to one or more previously
submitted manifests.
2) Each
correction submission must include the following information:
A) The
Manifest Tracking Number and date of receipt by the facility of the original
manifests for which data are being corrected;
B) The
item numbers of the original manifest that is the subject of the submitted
corrections; and
C) For
each item number with corrected data, the data previously entered and the
corresponding data as corrected by the correction submission.
3) Each
correction submission must include a statement that the person submitting the
corrections certifies that, to the best of his or her knowledge or belief, the
corrections that are included in the submission will cause the information
reported about the previously received hazardous wastes to be true, accurate,
and complete:
A) The
person must execute the certification statement with a valid electronic
signature; and
B) The
person may submit a batch upload of data corrections under one certification
statement.
4) Upon
receipt by the e-Manifest System of any correction submission, other interested
persons shown on the manifest will be provided electronic notice of the
submitter's corrections.
5) Other
interested persons shown on the manifest may respond to the submitter's
corrections with comments to the submitter, or by submitting another correction
to the e-Manifest System, certified by the respondent as specified in
subsection (l)(3), and with notice of the corrections to other interested
persons shown on the manifest.
(Source: Amended at 44 Ill.
Reg. 15374, effective September 3, 2020)
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.172 MANIFEST DISCREPANCIES
Section 725.172 Manifest
Discrepancies
a) "Manifest
discrepancies" are defined as any one of the following:
1) Significant
differences (as defined by subsection (b)) between the quantity or type of
hazardous waste designated on the manifest or shipping paper, and the quantity
and type of hazardous waste a facility actually receives;
2) Rejected
wastes, which may be a full or partial shipment of hazardous waste that the
treatment, storage, or disposal facility cannot accept; or
3) Container
residues, which are residues that exceed the quantity limits for empty
containers in 35 Ill. Adm. Code 721.107(b) and 726.607.
b) "Significant
differences in quantity" are defined as the appropriate of the following:
for bulk waste, variations greater than 10 percent in weight; or, for batch
waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. "Significant differences in type" are defined as obvious
differences that can be discovered by inspection or waste analysis, such as
waste solvent substituted for waste acid, or as toxic constituents not reported
on the manifest or shipping paper.
c) Upon
discovering a significant difference in quantity or type, the owner or operator
must attempt to reconcile the discrepancy with the waste generator or
transporter (e.g., with
telephone conversations). If the discrepancy is not resolved within 15 days
after receiving the waste, the owner or operator must immediately submit to the
Agency a letter describing the discrepancy and attempts to reconcile it, and a
copy of the manifest or shipping paper at issue.
d) Rejection
of Hazardous Waste
1) Upon
rejecting waste or identifying a container residue that exceeds the quantity
limits for empty containers in 35 Ill. Adm. Code 721.107(b), the facility owner
or operator must consult with the generator before sending the waste to another
facility that can manage the waste. If it is impossible to locate an
alternative facility that can receive the waste, the facility owner or operator
may return the rejected waste or residue to the generator. The facility owner
or operator must send the waste to the alternative facility or to the generator
within 60 days after the rejection or the container residue identification.
2) While
the facility owner or operator is making arrangements for sending rejected
wastes or residues to another facility under this Section, it must ensure that
either the delivering transporter retains custody of the waste, or the facility
owner or operator must provide for secure, temporary custody of the waste,
pending delivery of the waste to the first transporter designated on the
manifest prepared under subsection (e) or (f).
e) Except
as provided in subsection (e)(7), for full or partial load rejections and
residues that are to be sent off-site to an alternate facility, the facility owner
or operator must prepare a new manifest in compliance with 35 Ill. Adm. Code
722.120(a) and the instructions in subsections (e)(1) through (e)(6):
1) The
facility owner or operator must write the generator's USEPA identification
number in Item 1 of the new manifest. The facility owner or operator must
write the generator's name and mailing address in Item 5 of the new manifest.
If the mailing address is different from the generator's site address, then the
facility owner or operator must write the generator's site address in the
designated space in Item 5.
2) The
facility owner or operator must write the name of the alternate designated
facility and the facility's USEPA identification number in the designated
facility block (Item 8) of the new manifest.
3) The
facility owner or operator must copy the manifest tracking number found in Item
4 of the old manifest to the Special Handling and Additional Information Block
of the new manifest, and indicate that the shipment is a residue or rejected
waste from the previous shipment.
4) The
facility owner or operator must copy the manifest tracking number found in Item
4 of the new manifest to the manifest reference number line in the Discrepancy
Block of the old manifest (Item 18a).
5) The
facility owner or operator must write the USDOT description for the rejected
load or the residue in Item 9 (USDOT Description) of the new manifest and write
the container types, quantity, and volumes of waste.
6) The
facility owner or operator must sign the Generator's/Offeror's Certification to
certify, as the offeror of the shipment, that the waste has been properly
packaged, marked and labeled and is in proper condition for transportation, and
mail a signed copy of the manifest to the generator identified in Item 5 of the
new manifest.
7) For
full load rejections that are made while the transporter remains present at the
facility, the facility owner or operator may send the rejected shipment to the
alternate facility by completing Item 18b of the original manifest and
supplying the information on the next destination facility in the Alternate
Facility space. The facility owner or operator must retain a copy of this
manifest for its records, and then give the remaining copies of the manifest to
the transporter to accompany the shipment. If the original manifest is not
used, then the facility owner or operator must use a new manifest and comply
with subsections (e)(1) through (e)(6).
f) Except
as provided in subsection (f)(7), for rejected wastes and residues that must be
sent back to the generator, the facility owner or operator must prepare a new
manifest in compliance with 35 Ill. Adm. Code 722.120(a) and the instructions
in subsections (f)(1) through (f)(6) and (f)(8):
1) The
facility owner or operator must write the facility's USEPA identification
number in Item 1 of the new manifest. The facility owner or operator must write
the facility's name and mailing address in Item 5 of the new manifest. If the mailing
address is different from the facility's site address, then the facility owner
or operator must write the facility's site address in the designated space for
Item 5 of the new manifest.
2) The
facility owner or operator must write the name of the initial generator and the
generator's USEPA identification number in the designated facility block (Item
8) of the new manifest.
3) The
facility owner or operator must copy the manifest tracking number found in Item
4 of the old manifest to the Special Handling and Additional Information Block
of the new manifest, and indicate that the shipment is a residue or rejected
waste from the previous shipment.
4) The
facility owner or operator must copy the manifest tracking number found in Item
4 of the new manifest to the manifest reference number line in the Discrepancy
Block of the old manifest (Item 18a).
5) The
facility owner or operator must write the USDOT description for the rejected
load or the residue in Item 9 (USDOT Description) of the new manifest and write
the container types, quantity, and volumes of waste.
6) The
facility owner or operator must sign the Generator's/Offeror's Certification to
certify, as offeror of the shipment, that the waste has been properly packaged,
marked and labeled and is in proper condition for transportation.
7) For
full load rejections that are made while the transporter remains at the
facility, the facility owner or operator may return the shipment to the
generator with the original manifest by completing Item 18b of the manifest and
supplying the generator's information in the Alternate Facility space. The
facility owner or operator must retain a copy for its records and then give the
remaining copies of the manifest to the transporter to accompany the shipment.
If the original manifest is not used, then the facility owner or operator must
use a new manifest and comply with subsections (f)(1) through (f)(6) and (f)(8).
8) For
full or partial load rejections and container residues contained in non-empty
containers that are returned to the generator, the facility owner or operator
must also comply with the exception reporting requirements in Section
722.142(a).
g) If a
facility owner or operator rejects a waste or identifies a container residue
that exceeds the quantity limits for empty containers in 35 Ill. Adm. Code
721.107(b) after it has signed, dated, and returned a copy of the manifest to
the delivering transporter or to the generator, the facility owner or operator must
amend its copy of the manifest to indicate the rejected wastes or residues in
the discrepancy space of the amended manifest. The facility owner or operator must
also copy the manifest tracking number from Item 4 of the new manifest to the
Discrepancy space of the amended manifest, and must re-sign and date the
manifest to certify to the information as amended. The facility owner or
operator must retain the amended manifest for at least three years from the
date of amendment, and must, within 30 days, send a copy of the amended
manifest to the transporter and generator that received copies before being amended.
(Source: Amended at 48 Ill.
Reg. 17086, effective November 7, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.173 OPERATING RECORD
Section 725.173 Operating
Record
a) The owner or operator must keep a written operating record at
the facility.
b) The following information must be recorded as it becomes
available and maintained in the operating record for three years unless
otherwise provided as follows:
1) A description and the quantity of each hazardous waste
received and the methods and dates of its treatment, storage, or disposal at
the facility, as required by Appendix A. This information must be maintained
in the operating record until closure of the facility;
2) The location of each hazardous waste within the facility and
the quantity at each location. For disposal facilities the location and
quantity of each hazardous waste must be recorded on a map or diagram that
shows each cell or disposal area. For all facilities this information must
include cross-references to manifest document numbers if the waste was
accompanied by a manifest. This information must be maintained in the
operating record until closure of the facility;
BOARD NOTE:
See Sections 725.219, 725.379, and 725.409 for related requirements.
3) Records and results of waste analysis, waste determinations,
and trial tests performed, as specified in Sections 725.113, 725.300, 725.325,
725.352, 725.373, 725.414, 725.441, 725.475, 725.502, 725.934, 725.963, and
725.984 and 35 Ill. Adm. Code 728.104(a) and 728.107;
4) Summary reports and details of all incidents that require
implementing the contingency plan, as specified in Section 725.156(j);
5) Records and results of inspections, as required by Section
725.115(d) (except these data need be kept only three years);
6) Monitoring, testing, or analytical data, where required by
Subpart F or Sections 725.119, 725.194, 725.291, 725.293, 725.295, 725.324,
725.326, 725.355, 725.360, 725.376, 725.378, 725.380(d)(1), 725.402, 725.404,
725.447, 725.477, 725.934(c) through (f), 725.935, 725.963(d) through (i),
725.964, and 725.983 through 725.990. Maintain in the operating record for
three years, except for records and results pertaining to groundwater
monitoring and cleanup, and response action plans for surface impoundments,
waste piles, and landfills, which must be maintained in the operating record
until closure of the facility;
BOARD NOTE:
As required by Section 725.194, monitoring data at disposal facilities must be
kept throughout the post-closure period.
7) All closure cost estimates under Section 725.242 and, for
disposal facilities, all post-closure cost estimates under Section 725.244 must
be maintained in the operating record until closure of the facility;
8) Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units under an extension of
the effective date of any land disposal restriction granted pursuant to 35 Ill.
Adm. Code 728.105, a petition pursuant to 35 Ill. Adm. Code 728.106, or a
certification under 35 Ill. Adm. Code 728.108 and the applicable notice
required of a generator under 35 Ill. Adm. Code 728.107(a). All of this
information must be maintained in the operating record until closure of the
facility;
9) For an off-site treatment facility, a copy of the notice and
the certification and demonstration, if applicable, required of the generator
or the owner or operator under 35 Ill. Adm. Code 728.107 or 728.108;
10) For an on-site treatment facility, the information contained
in the notice (except the manifest number) and the certification and
demonstration, if applicable, required of the generator or the owner or
operator under 35 Ill. Adm. Code 728.107 or 728.108;
11) For an off-site land disposal facility, a copy of the notice
and the certification and demonstration, if applicable, required of the
generator or the owner or operator of a treatment facility under 35 Ill. Adm.
Code 728.107 or 728.108;
12) For an on-site land disposal facility, the information
contained in the notice required of the generator or owner or operator of a
treatment facility under 35 Ill. Adm. Code 728.107, except for the manifest
number, and the certification and demonstration, if applicable, required under
35 Ill. Adm. Code 728.107 or 728.108;
13) For an off-site storage facility, a copy of the notice and
the certification and demonstration, if applicable, required of the generator
or the owner or operator under 35 Ill. Adm. Code 728.107 or 728.108;
14) For
an on-site storage facility, the information contained in the notice (except
the manifest number) and the certification and demonstration, if applicable,
required of the generator or the owner or operator under 35 Ill. Adm. Code
728.107 or 728.108; and
15) Monitoring,
testing or analytical data, and corrective action, where required by Sections
725.190 and 725.193(d)(2) and (d)(5), and the certification, as required by
Section 725.296(f), must be maintained in the operating record until closure of
the facility.
(Source:
Amended at 42 Ill. Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.174 AVAILABILITY, RETENTION, AND DISPOSITION OF RECORDS
Section 725.174
Availability, Retention, and Disposition of Records
a) All records, including plans, required under this Part must be
furnished upon request and made available at all reasonable times for
inspection by any officer, employee, or representative of the Agency that is
duly designated by the Agency.
b) The retention period for all records required under this Part
is extended automatically during the course of any unresolved enforcement
action regarding the facility or as requested by the Agency.
c) A copy of records of waste disposal locations and quantities
under Section 725.173(b)(2) must be submitted to the Agency and local land
authority upon closure of the facility (see Section 725.219).
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.175 ANNUAL REPORT
Section 725.175 Annual
Report
The owner and operator must complete
and submit a Hazardous Waste Report (USEPA Form 8700-13 A/B) to the Agency by
March 1 of the following year and must cover facility activities during the
previous calendar year.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.176 UNMANIFESTED WASTE REPORT
Section 725.176 Unmanifested
Waste Report
a) If a
facility accepts for treatment, storage, or disposal any hazardous waste from
an off-site source without an accompanying manifest, or without an accompanying
shipping paper, as described by 35 Ill. Adm. Code 723.120(e), and if the waste
is not excluded from the manifest requirement by 35 Ill. Adm. Code 260 through
265, then the owner or operator must prepare and submit a letter to the Agency
within 15 days after receiving the waste. The unmanifested waste report must
contain the following information:
1) The USEPA
identification number, name, and address of the facility;
2) The
date the facility received the waste;
3) The
USEPA identification number, name, and address of the generator and the
transporter, if available;
4) A
description and the quantity of each unmanifested hazardous waste the facility
received;
5) The
method of treatment, storage, or disposal for each hazardous waste;
6) The
certification signed by the owner or operator of the facility or its authorized
representative; and
7) A brief explanation of why the waste was unmanifested, if
known.
b) This subsection (b) corresponds with 40 CFR 265.76(b), which
USEPA has marked "reserved". This statement maintains structural
consistency with the corresponding federal regulations.
BOARD NOTE:
Small quantities of hazardous waste are excluded from regulation under this
Part and do not require a manifest. Where a facility received unmanifested
hazardous waste, USEPA has suggested that the owner or operator obtain from
each generator a certification that the waste qualifies for exclusion.
Otherwise, USEPA has suggested that the owner or operator file an unmanifested
waste report for the hazardous waste movement.
(Source: Amended at 42 Ill. Reg. 23725,
effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.177 ADDITIONAL REPORTS
Section 725.177 Additional
Reports
In addition to submitting the
annual report and unmanifested waste reports described in Sections 725.175 and
725.176, the owner or operator must also report the following information to
the Agency:
a) Releases, fires, and explosions, as specified in Section
725.156(j);
b) Groundwater contamination and monitoring data, as specified in
Section 725.193 and 725.194;
c) Facility closure, as specified in Section 725.215; and
d) As otherwise required by Subparts AA, BB, and CC.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
SUBPART F: GROUNDWATER MONITORING
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.190 APPLICABILITY
Section 725.190
Applicability
a) The owner or operator of a surface impoundment, landfill, or
land treatment facility that is used to manage hazardous waste must implement a
groundwater monitoring program capable of determining the facility's impact on
the quality of groundwater in the uppermost aquifer underlying the facility,
except as Section 725.101 and subsection (c) provide otherwise.
b) Except as subsections (c) and (d) provide otherwise, the owner
or operator must install, operate, and maintain a groundwater monitoring system
that meets the requirements of Section 725.191 and must comply with Sections
725.192 through 725.194. This groundwater monitoring program must be carried
out during the active life of the facility and for disposal facilities during
the post-closure care period as well.
c) All or part of the groundwater monitoring requirements of this
Subpart F may be waived if the owner or operator can demonstrate that there is
a low potential for migration of hazardous waste or hazardous waste
constituents from the facility via the uppermost aquifer to water supply wells
(domestic, industrial, or agricultural) or to surface water. This demonstration
must be in writing and must be kept at the facility. This demonstration must be
certified by a qualified geologist or geotechnical engineer and must establish
the following:
1) The potential for migration of hazardous waste or hazardous
waste constituents from the facility to the uppermost aquifer by an evaluation
of the following information:
A) A water balance of precipitation, evapotranspiration, run-off,
and infiltration; and
B) Unsaturated zone characteristics (i.e., geologic materials,
physical properties, and depth to ground water); and
2) The potential for hazardous waste or hazardous waste
constituents that enter the uppermost aquifer to migrate to a water supply well
or surface water by an evaluation of the following information:
A) Saturated zone characteristics (i.e., geologic materials,
physical properties, and rate of groundwater flow); and
B) The proximity of the facility to water supply wells or surface
water.
d) If an owner or operator assumes (or knows) that groundwater
monitoring of indicator parameters in accordance with Sections 725.191 and
725.192 would show statistically significant increases (or decreases in the
case of pH) when evaluated pursuant to Section 725.193(b), it may install,
operate, and maintain an alternate groundwater monitoring system (other than
the one described in Sections 725.191 and 725.192). If the owner or operator
decides to use an alternate groundwater monitoring system, it must have done as
follows:
1) The owner or operator must develop a specific plan, certified
by a qualified geologist or geotechnical engineer, that satisfies the
requirements of federal 40 CFR 265.93(d)(3) for an alternate groundwater
monitoring system. This plan is to be placed in the facility's operating
record and maintained until closure of the facility;
2) The owner or operator must have initiated the determinations
specified in federal 40 CFR 265.93(d)(4);
3) The owner or operator must prepare a written report in
accordance with Section 725.193(d)(5) and place it in the facility's operating
record and maintain until closure of the facility;
4) The owner or operator must continue to make the determinations
specified in Section 725.193(d)(4) on a quarterly basis until final closure of
the facility; and
5) The owner or operator must comply with the recordkeeping and
reporting requirements in Section 725.194(b).
e) The groundwater monitoring requirements of this Subpart F may
be waived with respect to any surface impoundment of which the following is
true:
1) The impoundment is used to neutralize wastes that are
hazardous solely because they exhibit the corrosivity characteristic pursuant
to 35 Ill. Adm. Code 721.122 or which are listed as hazardous wastes in Subpart
D of 35 Ill. Adm. Code 721 only for this reason; and
2) The impoundment contains no other hazardous wastes, if the
owner or operator can demonstrate that there is no potential for migration of hazardous
wastes from the impoundment. The demonstration must establish, based upon
consideration of the characteristics of the wastes and the impoundment, that
the corrosive wastes will be neutralized to the extent that they no longer meet
the corrosivity characteristic before they can migrate out of the impoundment.
The demonstration must be in writing and must be certified by a qualified
professional.
f) A permit or enforceable document can contain alternative
requirements for groundwater monitoring that replace all or part of the
requirements of this Subpart F applicable to a regulated unit (as defined in 35
Ill. Adm. Code 724.190), as provided pursuant to 35 Ill. Adm. Code 703.161,
where the Board has determined by an adjusted standard granted pursuant to
Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104 the following:
1) The regulated unit is situated among solid waste management
units (or areas of concern), a release has occurred, and both the regulated
unit and one or more solid waste management units (or areas of concern) are
likely to have contributed to the release; and
2) It is not necessary to apply the groundwater monitoring
requirements of this Subpart F because the alternative requirements will adequately
protect human health and the environment. The alternative standards for the
regulated unit must meet the requirements of 35 Ill. Adm. Code 724.201(a).
(Source: Amended at 43 Ill.
Reg. 6049, effective May 2, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.191 GROUNDWATER MONITORING SYSTEM
Section 725.191 Groundwater
Monitoring System
a) A groundwater monitoring system must be capable of yielding
groundwater samples for analysis and must consist of the following components:
1) Monitoring wells (at least one) installed hydraulically
upgradient (i.e., in the direction of increasing static head) from the limit of
the waste management area. Their number, locations, and depths must be
sufficient to yield groundwater samples that fulfill both of the following
requirements:
A) The samples are representative of background groundwater
quality in the uppermost aquifer near the facility; and
B) The samples are not affected by the facility; and
2) Monitoring wells (at least three) installed hydraulically
downgradient (i.e., in the direction of decreasing static head) at the limit of
the waste management area. Their number, locations, and depths must ensure
that they immediately detect any statistically significant amounts of hazardous
waste or hazardous waste constituents that migrate from the waste management
area to the uppermost aquifer.
b) Separate monitoring systems for each waste management
component of a facility are not required provided that provisions for sampling
upgradient and downgradient water quality will detect any discharge from the
waste management area.
1) In the case of a facility consisting of only one surface
impoundment, landfill, or land treatment area, the waste management area is
described by the waste boundary (perimeter).
2) In the case of a facility consisting of more than one surface
impoundment, landfill, or land treatment area, the waste management area is
described by the imaginary boundary line that circumscribes the several waste
management components.
3) The facility owner or operator may demonstrate that an
alternate hydraulically downgradient monitoring well location will meet the
criteria outlined below. The demonstration must be in writing and kept at the
facility. The demonstration must be certified by a qualified groundwater scientist
and establish each of the following:
A) That an existing physical obstacle prevents monitoring well
installation at the hydraulically downgradient limit of the waste management
area.
B) That the selected alternate downgradient location is as close
to the limit of the waste management area as practical.
C) That the alternate location ensures detection as early as
possible of any statistically significant amounts of hazardous waste or
hazardous waste constituents that migrate from the waste management area to the
uppermost aquifer.
D) Lateral expansion, new, or replacement units are not eligible
for an alternate downgradient location under this subsection (b)(3).
c) All monitoring wells must be cased in a manner that maintains
the integrity of the monitoring well bore hole. This casing must be screened
or perforated and packed with gravel or sand where necessary to enable sample
collection at depths where appropriate aquifer flow zones exist. The annular
space (i.e., the space between the bore hole and well casing) above the
sampling depth must be sealed with a suitable material (e.g., cement grout or
bentonite slurry) to prevent contamination of samples and the groundwater.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.192 SAMPLING AND ANALYSIS
Section 725.192 Sampling and
Analysis
a) The owner or operator must obtain and analyze samples from the
installed groundwater monitoring system. The owner or operator must develop
and follow a groundwater sampling and analysis plan. The owner or operator must
keep this plan at the facility. The plan must include procedures and
techniques for each of the following:
1) Sample collection;
2) Sample preservation and shipment;
3) Analytical procedures; and
4) Chain of custody control.
BOARD NOTE:
See "Procedures Manual For Ground Water Monitoring At Solid Waste Disposal
Facilities", USEPA document number EPA-530/SW-611, and "Methods for
Chemical Analysis of Water and Wastes", USEPA document number EPA-600/4-79-020,
incorporated by reference in 35 Ill. Adm. Code 720.111(a), for discussions of
sampling and analysis procedures.
b) The owner or operator must determine the concentration or
value of the following parameters in groundwater samples in accordance with
subsections (c) and (d):
1) Parameters characterizing the suitability of the groundwater
as a drinking water supply, as specified in Appendix C.
2) The following parameters establishing groundwater quality:
A) Chloride,
B) Iron,
C) Manganese,
D) Phenols,
E) Sodium, and
F) Sulfate.
BOARD NOTE:
These parameters are to be used as a basis for comparison in the event a
groundwater quality assessment is required under Section 725.193(d).
3) The following parameters used as indicators of groundwater
contamination:
A) pH,
B) Specific Conductance,
C) Total Organic Carbon, and
D) Total Organic Halogen.
c) Establishing Background Concentrations
1) For all monitoring wells, the owner or operator must establish
initial background concentrations or values of all parameters specified in
subsection (b). The owner or operator must do this quarterly for one year.
2) For each of the indicator parameters specified in subsection
(b)(3), the owner or operator must obtain at least four replicate measurements
for each sample and determine the initial background arithmetic mean and
variance by pooling the replicate measurements for the respective parameter
concentrations or values in samples obtained from upgradient wells during the
first year.
d) After the first year, the owner or operator must sample all
monitoring wells and analyze the samples with the following frequencies:
1) Samples collected to establish groundwater quality must be
obtained and analyzed for the parameters specified in subsection (b)(2) at
least annually.
2) Samples collected to indicate groundwater contamination must
be obtained and analyzed for the parameters specified in subsection (b)(3) at
least semi-annually.
e) The owner or operator must determine the elevation of the
groundwater surface at each monitoring well each time a sample is obtained.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.193 PREPARATION, EVALUATION, AND RESPONSE
Section 725.193 Preparation,
Evaluation, and Response
a) The owner or operator must prepare an outline of a groundwater
quality assessment program. The outline must describe a more comprehensive
groundwater monitoring program (than that described in Sections 725.191 and
725.192) capable of determining each of the following:
1) Whether hazardous waste or hazardous waste constituents have
entered the groundwater;
2) The rate and extent of migration of hazardous waste or
hazardous waste constituents in the groundwater; and
3) The concentrations of hazardous waste or hazardous waste
constituents in the groundwater.
b) For each indicator parameter specified in Section
725.192(b)(3), the owner or operator must calculate the arithmetic mean and
variance, based on at least four replicate measurements on each sample, for
each well monitored in accordance with Section 725.192(d)(2) and compare these
results with its initial background arithmetic mean. The comparison must
consider individually each of the wells in the monitoring system and must use
the Student's t-test at the 0.01 level of significance (see Appendix D) to
determine statistically significant increases (and decreases, in the case of
pH) over initial background.
c) Well Comparisons
1) If the comparisons for the upgradient wells made under subsection
(b) show a significant increase (or pH decrease) the owner or operator must
submit this information in accordance with Section 725.194(a)(2)(B).
2) If the comparisons for downgradient wells made under subsection
(b) show a significant increase (or pH decrease) the owner or operator must
then immediately obtain additional groundwater samples for those downgradient
wells where a significant difference was detected, split the samples in two and
obtain analyses of all additional samples to determine whether the significant
difference was a result of laboratory error.
d) Notice to the Agency
1) If the analyses performed under subsection (c)(2) confirm the
significant increase (or pH decrease) the owner or operator must provide
written notice to the Agency – within seven days after the date of such
confirmation – that the facility may be affecting groundwater quality.
2) Within 15 days after the notification under subsection (d)(1),
the owner or operator must develop a specific plan, based on the outline
required under subsection (a) and certified by a qualified geologist or
geotechnical engineer for a groundwater quality assessment at the facility.
This plan must be placed in the facility operating record and be maintained
until closure of the facility.
3) The plan to be submitted under Section 725.190(d)(1) or subsection
(d)(2) must specify all of the following:
A) The number, location, and depth of wells;
B) Sampling and analytical methods for those hazardous wastes or
hazardous waste constituents in the facility;
C) Evaluation procedures, including any use of previously gathered
groundwater quality information; and
D) A schedule of implementation.
4) The owner or operator must implement the groundwater quality
assessment plan that satisfies the requirements of subsection (d)(3) and, at a
minimum, determine each of the following:
A) The rate and extent of migration of the hazardous waste or
hazardous waste constituents in the groundwater; and
B) The concentrations of the hazardous waste or hazardous waste
constituents in the groundwater.
5) The owner or operator must make his first determination under subsection
(d)(4), as soon as technically feasible, and prepare a report containing an
assessment of the groundwater quality. This report must be placed in the
facility operating record and be maintained until closure of the facility.
6) If the owner or operator determines, based on the results of
the first determination under subsection (d)(4), that no hazardous waste or
hazardous waste constituents from the facility have entered the groundwater,
then he may reinstate the indicator evaluation program described in Section
725.192 and subsection (b). If the owner or operator reinstates the indicator
evaluation program, he must so notify the Agency in the report submitted under subsection
(d)(5).
7) If the owner or operator determines, based on the first
determination under subsection (d)(4), that hazardous waste or hazardous waste
constituents from the facility have entered the groundwater, then the owner or
operator must do either of the following:
A) It must continue to make the determinations required under subsection
(d)(4) on a quarterly basis until final closure of the facility if the
groundwater quality assessment plan was implemented prior to final closure of
the facility; or
B) It may cease to make the determinations required under subsection
(d)(4) if the groundwater quality assessment plan was implemented during the
post-closure care period.
e) Notwithstanding any other provision of this Subpart F, any
groundwater quality assessment to satisfy the requirements of subsection (d)(4)
that is initiated prior to final closure of the facility must be completed and
reported in accordance with subsection (d)(5).
f) Unless the groundwater is monitored to satisfy the
requirements of subsection (d)(4) at least annually the owner or operator must
evaluate the data on groundwater surface elevations obtained under Section
725.192(e) to determine whether the requirements under Section 725.191(a) for
locating the monitoring wells continues to be satisfied. If the evaluation
shows that Section 725.191(a) is no longer satisfied, the owner or operator
must immediately modify the number, location, or depth of the monitoring wells
to bring the groundwater monitoring system into compliance with this
requirement.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.194 RECORDKEEPING AND REPORTING
Section 725.194
Recordkeeping and Reporting
a) Unless the groundwater is monitored to satisfy the
requirements of Section 725.193(d)(4), the owner or operator must do the
following:
1) Keep records of the analyses required in Section 725.192(c)
and (d), the associated groundwater surface elevations required in Section
725.192(e), and the evaluations required in Section 725.193(b) throughout the
active life of the facility and, for disposal facilities, also throughout the
post-closure care period; and
2) Report the following groundwater monitoring information to the
Agency:
A) During the first year when initial background concentrations
are being established for the facility: concentrations or values of the
parameters listed in Section 725.192(b)(1) for each groundwater monitoring
well, within 15 days after completing each quarterly analysis. The owner or
operator must separately identify for each monitoring well any parameters whose
concentration or value has been found to exceed the maximum contaminant levels
listed in Appendix C to this Part;
B) Annually: concentrations or values of the parameters listed in
Section 725.192(b)(3) for each groundwater monitoring well, along with the
required evaluations for these parameters under Section 725.193(b). The owner
or operator must separately identify any significant differences from initial
background found in the upgradient wells, in accordance with Section
725.193(c)(1). During the active life of the facility, the owner or operator must
submit this information as part of the annual report required under Section
725.175; and
C) As part of the annual report required under Section 725.175:
results of the evaluation of groundwater surface elevations under Section
725.193(f) and a description of the response to the evaluation, where
applicable.
b) If the groundwater is monitored to satisfy the requirements of
Section 725.193(d)(4), the owner or operator must do the following:
1) Keep records of the analyses and evaluations specified in the
plan that satisfy the requirements of Section 725.193(d)(3) throughout the
active life of the facility and, for disposal facilities, also throughout the
post-closure care period; and
2) Annually, until final closure of the facility, submit to the
Agency a report containing the results of the groundwater quality assessment
program that includes, but is not limited to, the calculated (or measured) rate
of migration of hazardous waste or hazardous waste constituents in the
groundwater during the reporting period. The owner or operator must submit
this report as part of the annual report required under Section 725.175.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
SUBPART G: CLOSURE AND POST-CLOSURE CARE
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.210 APPLICABILITY
Section 725.210
Applicability
Except as Section 725.101
provides otherwise, the following requirements apply as indicated:
a) Sections 725.211 through 725.215 (which concern closure) apply
to the owners and operators of all hazardous waste management facilities; and
b) Sections 725.216 through 725.220 (which concern post-closure
care) apply to the owners and operators of the following:
1) All hazardous waste disposal facilities;
2) Waste piles and surface impoundments from which the owner or
operator intends to remove the wastes at closure to the extent that these
Sections are made applicable to such facilities in Section 725.328 or 725.358;
3) Tank systems that are required pursuant to Section 725.297 to
meet requirements for landfills; or
4) Containment buildings that are required pursuant to Section
725.1102 to meet the requirement for landfills.
c) Section 725.221 applies to owners and operators of units that
are subject to the requirements of 35 Ill. Adm. Code 703.161 and which are
regulated under an enforceable document (as established pursuant to 35 Ill.
Adm. Code 703.161).
d) A permit or enforceable document can contain alternative
requirements that replace all or part of the closure and post-closure care
requirements of this Subpart G (and the unit-specific standards in Section
725.211(c)) applying to a regulated unit (as defined in 35 Ill. Adm. Code
724.190), as provided in 35 Ill. Adm. Code 703.161, where the Board has
determined by an adjusted standard granted pursuant to Section 28.1 of the Act
and Subpart D of 35 Ill. Adm. Code 104 the following:
1) The regulated unit is situated among solid waste management
units (or areas of concern), a release has occurred, and both the regulated
unit and one or more solid waste management units (or areas of concern) are
likely to have contributed to the release; and
2) It is not necessary to apply the closure requirements of this
Subpart G (and those referenced herein) because the alternative requirements
will adequately protect human health and the environment, and will satisfy the
closure performance standard of Section 725.211(a) and (b).
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.211 CLOSURE PERFORMANCE STANDARD
Section 725.211 Closure
Performance Standard
The owner or operator must close
the facility in a manner that does the following:
a) The closure minimizes the need for further maintenance;
b) The closure controls, minimizes, or eliminates, to the extent
necessary to adequately protect human health and the environment, post-closure
escape of hazardous waste, hazardous constituents, leachate, contaminated
run-off or hazardous waste decomposition products to the ground or surface
waters or to the atmosphere; and
c) The closure complies with the closure requirements of this
Part, including, but not limited to, the requirements of Sections 725.297,
725.328, 725.358, 725.380, 725.410, 725.451, 725.481, 725.504, and 725.1102.
(Source: Amended at 31 Ill.
Reg. 1031, effective December 20, 2006)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.212 CLOSURE PLAN; AMENDMENT OF PLAN
Section 725.212 Closure
Plan; Amendment of Plan
a) Written Plan. Within six months after the effective date of
the rule that first subjects a facility to provisions of this Section, the
owner or operator of a hazardous waste management facility must have a written
closure plan. Until final closure is completed and certified in accordance
with Section 725.215, a copy of the most current plan must be furnished to the
Agency upon request including request by mail. In addition, for facilities
without approved plans, it must also be provided during site inspections on the
day of inspection to any officer, employee, or representative of the Agency.
b) Content of Plan. The plan must identify the steps necessary
to perform partial or final closure of the facility at any point during its
active life. The closure plan must include the following minimal information:
1) A description of how each hazardous waste management unit at
the facility will be closed in accordance with Section 725.211;
2) A description of how final closure of the facility will be
conducted in accordance with Section 725.211. The description must identify the
maximum extent of the operation that will be unclosed during the active life of
the facility;
3) An estimate of the maximum inventory of hazardous wastes ever
on-site over the active life of the facility and a detailed description of the
methods to be used during partial and final closure, including, but not limited
to methods for removing, transporting, treating, storing, or disposing of all
hazardous waste, and identification of and the types of off-site hazardous
waste management units to be used, if applicable;
4) A detailed description of the steps needed to remove or
decontaminate all hazardous waste residues and contaminated containment system
components, equipment, structures, and soils during partial and final closure
including, but not limited to, procedures for cleaning equipment and removing
contaminated soils, methods for sampling and testing surrounding soils, and
criteria for determining the extent of decontamination necessary to satisfy the
closure performance standard;
5) A detailed description of other activities necessary during
the partial and final closure periods to ensure that all partial closures and
final closure satisfy the closure performance standards, including, but not
limited to, groundwater monitoring, leachate collection, and run-on and run-off
control;
6) A schedule for closure of each hazardous waste management unit
and for final closure of the facility. The schedule must include, at a
minimum, the total time required to close each hazardous waste management unit
and the time required for intervening closure activities that will allow
tracking of the progress of partial and final closure. (For example, in the
case of a landfill unit, estimates of the time required to treat or dispose of
all hazardous waste inventory and of the time required to place a final cover
must be included.);
7) An estimate of the expected year of final closure for
facilities that use trust funds to demonstrate financial assurance under
Section 725.243 or 725.245 and whose remaining operating life is less than
twenty years, and for facilities without approved closure plans; and
8) For a facility where alternative requirements are established
at a regulated unit under Section 725.190(f), 725.210(d), or 725.240(d), as
provided under 35 Ill. Adm. Code 703.161, either the alternative requirements
applying to the regulated unit or a reference to the enforceable document
containing those alternative requirements.
c) Amendment of Plan. The owner or operator may amend the
closure plan at any time prior to the notification of partial or final closure
of the facility. An owner or operator with an approved closure plan must
submit a written request to the Agency to authorize a change to the approved
closure plan. The written request must include a copy of the amended closure
plan for approval by the Agency.
1) The owner or operator must amend the closure plan whenever any
of the following occurs:
A) Changes in the operating plans or facility design affect the
closure plan;
B) Whenever there is a change in the expected year of closure, if
applicable;
C) In conducting partial or final closure activities, unexpected
events require a modification of the closure plan; or
D) The owner or operator requests the establishment of alternative
requirements, as provided under 35 Ill. Adm. Code 703.161, to a regulated unit
under Section 725.190(f), 725.210(c), or 725.240(d).
2) The owner or operator must amend the closure plan at least 60
days prior to the proposed change in facility design or operation, or no later
than 60 days after an unexpected event has occurred that has affected the
closure plan. If an unexpected event occurs during the partial or final
closure period, the owner or operator must amend the closure plan no later than
30 days after the unexpected event. These provisions also apply to owners or
operators of surface impoundments and waste piles that intended to remove all
hazardous wastes at closure but are required to close as landfills in
accordance with Section 725.410.
3) An owner or operator with an approved closure plan must submit
the modified plan to the Agency at least 60 days prior to the proposed change
in facility design or operation, or no more than 60 days after an unexpected
event has occurred that has affected the closure plan. If an unexpected event
has occurred during the partial or final closure period, the owner or operator must
submit the modified plan no more than 30 days after the unexpected event.
These provisions also apply to owners or operators of surface impoundments and
waste piles that intended to remove all hazardous wastes at closure but are
required to close as landfills in accordance with Section 725.410. If the
amendment to the plan is a Class 2 or 3 modification according to the criteria
in 35 Ill. Adm. Code 703.280, the modification to the plan must be approved
according to the procedures in subsection (d)(4).
4) The Agency may request modifications to the plan under the
conditions described in subsection (c)(1). An owner or operator with an
approved closure plan must submit the modified plan within 60 days after the
request from the Agency, or within 30 days if the unexpected event occurs
during partial or final closure. If the amendment is considered a Class 2 or 3
modification according to the criteria in 35 Ill. Adm. Code 703.280, the
modification to the plan must be approved in accordance with the procedures in
subsection (d)(4).
d) Notification of Partial Closure and Final Closure
1) When Notice is Required
A) The owner or operator must submit the closure plan to the
Agency at least 180 days prior to the date on which the owner or operator
expects to begin closure of the first surface impoundment, waste pile, land
treatment, or landfill unit, or final closure if it involves such a unit, whichever
is earlier.
B) The owner or operator must submit the closure plan to the
Agency at least 45 days prior to the date on which the owner or operator
expects to begin partial or final closure of a boiler or industrial furnace.
C) The owner or operator must submit the closure plan to the
Agency at least 45 days prior to the date on which the owner or operator
expects to begin final closure of a facility with only tanks, container
storage, or incinerator units.
D) An owner or operator with an approved closure plan must notify
the Agency in writing at least 60 days prior to the date on which the owner or
operator expects to begin closure of a surface impoundment, waste pile,
landfill, or land treatment unit, or final closure of a facility involving such
a unit.
E) An owner or operator with an approved closure plan must notify
the Agency in writing at least 45 days prior to the date on which the owner or
operator expects to begin partial or final closure of a boiler or industrial
furnace.
F) An owner or operator with an approved closure plan must notify
the Agency in writing at least 45 days prior to the date on which the owner or
operator expects to begin final closure of a facility with only tanks,
container storage, or incinerator units.
2) The date when the owner or operator "expects to begin
closure" must be either of the following dates:
A) Within 30 days after the date on which any hazardous waste
management unit receives the known final volume of hazardous wastes or, if
there is a reasonable possibility that the hazardous waste management unit will
receive additional hazardous wastes, no later than one year after the date on
which the unit received the most recent volume of hazardous waste. If the owner
or operator of a hazardous waste management unit demonstrates to the Agency
that the hazardous waste management unit or facility has the capacity to
receive additional hazardous wastes and that the owner or operator has taken
and will continue to take, all steps to prevent threats to human health and the
environment, including compliance with all interim status requirements, the
Agency must approve an extension to this one-year limit; or
B) For units meeting the requirements of Section 725.213(d), no
later than 30 days after the date on which the hazardous waste management unit
receives the known final volume of non-hazardous wastes or, if there is a
reasonable possibility that the hazardous waste management unit will receive
additional non-hazardous wastes, no later than one year after the date on which
the unit received the most recent volume of non-hazardous wastes. If the owner
or operator demonstrates to the Agency that the hazardous waste management unit
has the capacity to receive additional non-hazardous wastes and that the owner
and operator have taken, and will continue to take, all steps to prevent
threats to human health and the environment, including compliance with all
applicable interim status requirements, the Agency must approve an extension to
this one-year limit.
3) The owner or operator must submit the closure plan to the
Agency no later than 15 days after occurrence of either of the following events:
A) Termination of interim status (except when a permit is issued
to the facility simultaneously with termination of interim status); or
B) Issuance of a judicial decree or Board order to cease receiving
hazardous wastes or to close the facility or unit.
4) The Agency must provide the owner or operator and the public,
through a newspaper notice, the opportunity to submit written comments on the
plan and request modifications of the plan no later than 30 days from the date
of the notice. The Agency must also, in response to a request or at its own
discretion, hold a public hearing whenever such a hearing might clarify one or
more issues concerning a closure plan. The Agency must give public notice of
the hearing at least 30 days before it occurs. (Public notice of the hearing
may be given at the same time as notice of the opportunity for the public to
submit written comments and the two notices may be combined.) The Agency must
approve, modify, or disapprove the plan within 90 days after its receipt. If
the Agency does not approve the plan, the Agency must provide the owner or
operator with a detailed written statement of reasons for the refusal, and the
owner or operator must modify the plan or submit a new plan for approval within
30 days after receiving such written statement. The Agency must approve or
modify this plan in writing within 60 days. If the Agency modifies the plan,
this modified plan becomes the approved closure plan. The Agency must assure
that the approved plan is consistent with Sections 725.211 through 725.215 and
the applicable requirements of Sections 725.190 et seq., 725.297, 725.328,
725.358, 725.380, 725.410, 725.451, 725.481, 725.504, and 725.1102. A copy of
this modified plan with a detailed statement of reasons for the modifications
must be mailed to the owner or operator.
e) Removal of Wastes and Decontamination or Dismantling of Equipment.
Nothing in this Section precludes the owner or operator from removing hazardous
wastes and decontaminating or dismantling equipment in accordance with the
approved partial or final closure plan at any time before or after notification
of partial or final closure.
(Source: Amended at 43 Ill.
Reg. 6049, effective May 2, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.213 CLOSURE; TIME ALLOWED FOR CLOSURE
Section 725.213 Closure;
Time Allowed for Closure
a) Within 90 days after receiving the final volume of hazardous
wastes, or the final volume of non-hazardous wastes, if the owner or operator
complies with all the applicable requirements of subsections (d) and (e) at a
hazardous waste management unit or facility, or 90 days after approval of the
closure plan, whichever is later, the owner or operator must treat, remove from
the unit or facility, or dispose of on-site all hazardous wastes in accordance
with the approved closure plan. The Agency must approve a longer period if the
owner or operator demonstrates the following:
1) The need to remain in operation by showing either of the
following conditions exists:
A) The activities required to comply with this subsection (a) will,
of necessity, take longer than 90 days to complete; or
B) All of the following conditions are true:
i) The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the capacity to receive
non-hazardous wastes, if the owner or operator complies with subsections (d)
and (e);
ii) There is a reasonable likelihood that the owner or operator,
or another person will recommence operation of the hazardous waste management
unit or facility within one year; and
iii) Closure of the hazardous waste management unit or facility
would be incompatible with continued operation of the site; and
2) The owner or operator has taken and will continue to take all
steps to prevent threats to human health and the environment including
compliance with all applicable interim status requirements.
b) The owner or operator must complete partial and final closure
activities in accordance with the approved closure plan and within 180 days
after receiving the final volume of hazardous wastes, or the final volume of
non-hazardous wastes, if the owner or operator complies with all applicable
requirements of subsections (d) and (e) at the hazardous waste management unit
or facility, or 180 days after approval of the closure plan, if that is later.
The Agency must approve an extension to the closure period if the owner or
operator demonstrates the following:
1) The need to remain in operation by showing either of the
following conditions exists:
A) The partial or final closure activities will, of necessity,
take longer than 180 days to complete; or
B) All of the following conditions are true:
i) The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or the final volume of
non-hazardous wastes, if the owner or operator complies with all the applicable
requirements of subsections (d) and (e); and
ii) There is a reasonable likelihood that the owner or operator
or another person will recommence operation of the hazardous waste management
unit or facility within one year; and
iii) Closure of the hazardous waste management unit or facility
would be incompatible with continued operation of the site; and
2) The owner or operator has taken and will continue to take all
steps to prevent threats to human health and the environment from the unclosed
but not operating hazardous waste management unit or facility, including
compliance with all applicable interim status requirements.
c) The demonstration referred to in subsections (a)(1) and (b)(1)
must be made as follows:
1) The demonstration in subsection (a)(1) must be made at least
30 days prior to the expiration of the 90-day period in subsection (a); and
2) The demonstrations in subsection (b)(1) must be made at least
30 days prior to the expiration of the 180-day period in subsection (b), unless
the owner or operator is otherwise subject to deadlines in subsection (d).
d) Continued Receipt of Non-Hazardous Waste. The Agency must
permit an owner or operator to receive non-hazardous wastes in a landfill, land
treatment unit or surface impoundment unit after the final receipt of hazardous
wastes at that unit if the following are true:
1) The owner or operator submits an amended Part B application,
or a new Part B application if none was previously submitted, and demonstrates the
following:
A) The unit has the existing design capacity as indicated on the
Part A application to receive non-hazardous wastes;
B) There is a reasonable likelihood that the owner or operator or
another person will receive non-hazardous waste in the unit within one year
after the final receipt of hazardous wastes;
C) The non-hazardous wastes will not be incompatible with any
remaining wastes in the unit, or with the facility design and operating
requirements of the unit or facility pursuant to this Part;
D) Closure of the hazardous waste management unit would be
incompatible with continued operation of the unit or facility; and
E) The owner or operator is operating and will continue to operate
in compliance with all applicable interim status requirements;
2) The Part B application includes an amended waste analysis
plan, groundwater monitoring and response program, human exposure assessment
required pursuant to 35 Ill. Adm. Code 703.186, closure and post-closure care plans,
updated cost estimates, and demonstrations of financial assurance for closure
and post-closure care, as necessary and appropriate, to reflect any changes due
to the presence of hazardous constituents in the non-hazardous wastes and
changes in closure activities, including the expected year of closure, if
applicable pursuant to Section 725.212(b)(7), as a result of the receipt of
non-hazardous wastes following the final receipt of hazardous wastes;
3) The Part B application is amended, as necessary and
appropriate, to account for the receipt of non-hazardous wastes following
receipt of the final volume of hazardous wastes; and
4) The Part B application and the demonstrations referred to in
subsections (d)(1) and (d)(2) are submitted to the Agency no later than 180
days prior to the date on which the owner or operator of the facility receives
the known final volume of hazardous wastes or no later than 90 days after this
Section applies to the facility, whichever is later.
e) Surface Impoundments. In addition to the requirements in
subsection (d), an owner or operator of a hazardous waste surface impoundment that
is not in compliance with the liner and leachate collection system requirements
in Section 725.321(a) must receive non-hazardous wastes only as authorized by
an adjusted standard pursuant to this subsection (e).
1) The petition for adjusted standard must include the following:
A) A plan for removing hazardous wastes; and
B) A contingent corrective measures plan.
2) The removal plan must provide for the following:
A) Removing all hazardous liquids;
B) Removing all hazardous sludges to the extent practicable
without impairing the integrity of the liner or liners, if any; and
C) Removal of hazardous wastes no later than 90 days after the
final receipt of hazardous wastes. The Board will allow a longer time, if the
owner or operator demonstrates the following:
i) That the removal of hazardous wastes will, of necessity, take
longer than the allotted period to complete; and
ii) That an extension will not pose a threat to human health and
the environment.
3) The following is required of contingent corrective measures
plan:
A) It must meet the requirements of a corrective action plan pursuant
to Section 724.199, based upon the assumption that a release has been detected
from the unit.
B) It may be a portion of a corrective action plan previously
submitted pursuant to Section 724.199.
C) It may provide for continued receipt of non-hazardous wastes at
the unit following a release only if the owner or operator demonstrates that
continued receipt of wastes will not impede corrective action.
D) It must provide for implementation within one year after a
release, or within one year after the grant of the adjusted standard, whichever
is later.
4) Release. A release is a statistically significant increase (or
decrease in the case of pH) in hazardous constituents over background levels,
detected in accordance with the requirements in Subpart F.
5) In the event of a release, the owner or operator of the unit
must perform the following actions:
A) Within 35 days, the owner or operator must file with the Board
a petition for adjusted standard pursuant to Section 28.1 of the Act and
Subpart D of 35 Ill. Adm. Code 104. If the Board finds that it is necessary to
do so in order to adequately protect human health and the environment, the
Board will modify the adjusted standard to require the owner or operator to
perform either of the following actions:
i) Begin to implement the corrective measures plan in less than
one year; or
ii) Cease the receipt of wastes until the plan has been
implemented.
iii) The Board will retain jurisdiction or condition the adjusted
standard so as to require the filing of a new petition to address any required
closure pursuant to subsection (e)(7);
B) The owner or operator must implement the contingent corrective
measures plan; and
C) The owner or operator may continue to receive wastes at the
unit if authorized by the approved contingent measures plan.
6) Annual Report. During the period of corrective action, the
owner or operator must provide annual reports to the Agency that fulfill the
following requirements:
A) They must describe the progress of the corrective action
program;
B) They must compile all groundwater monitoring data; and
C) They must evaluate the effect of the continued receipt of
non-hazardous wastes on the effectiveness of the corrective action.
7) Required Closure. The owner or operator must commence closure
of the unit in accordance with the closure plan and the requirements of this
Part if the Board terminates the adjusted standard, or if the adjusted standard
terminates pursuant to its terms.
A) The Board will terminate the adjusted standard if the owner or
operator failed to implement corrective action measures in accordance with the
approved contingent corrective measures plan.
B) The Board will terminate the adjusted standard if the owner or
operator fails to make substantial progress in implementing the corrective
measures plan and achieving the facility's groundwater protection standard, or
background levels if the facility has not yet established a groundwater
protection standard.
C) The adjusted standard will automatically terminate if the owner
or operator fails to implement the removal plan.
D) The adjusted standard will automatically terminate if the owner
or operator fails to timely file a required petition for adjusted standard.
8) Adjusted Standard Procedures. The following procedures must
be used in granting, modifying or terminating an adjusted standard pursuant to
this subsection.
A) Except as otherwise provided, the owner or operator must follow
the procedures of Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104
to petition the Board for an adjusted standard.
B) Initial Justification. The Board will grant an adjusted
standard, pursuant to subsection (e)(1), if the owner or operator demonstrates
that the removal plan and contingent corrective measures plans meet the
requirements of subsections (e)(2) and (e)(3).
C) The Board will include the following conditions in granting an
adjusted standard pursuant to subsection (e)(1):
i) A plan for removing hazardous wastes;
ii) A requirement that the owner or operator remove hazardous
wastes in accordance with the plan;
iii) A contingent corrective measures plan;
iv) A requirement that, in the event of a release, the owner or
operator must, within 35 days, file with the Board a petition for adjusted
standard, implement the corrective measures plan, and file semi-annual reports
with the Agency;
v) A condition that the adjusted standard will terminate if the
owner or operator fails to implement the removal plan or timely file a required
petition for adjusted standard; and
vi) A requirement that, in the event the adjusted standard is
terminated, the owner or operator must commence closure of the unit in
accordance with the requirements of the closure plan and this Part.
D) Justification in the Event of a Release. The Board will modify
or terminate the adjusted standard pursuant to a petition filed pursuant to
subsection (e)(5)(A), as provided in that subsection or in subsection (e)(7).
9) The owner or operator may file a revised closure plan within
15 days after an adjusted standard is terminated.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.214 DISPOSAL OR DECONTAMINATION OF EQUIPMENT, STRUCTURES AND SOILS
Section 725.214 Disposal or
Decontamination of Equipment, Structures and Soils
During the partial and final
closure periods, all contaminated equipment, structures, and soil must be
properly disposed of, or decontaminated unless specified otherwise in Section
725.297, 725.328, 725.358, 725.380, or 725.410. By removing all hazardous
wastes or hazardous constituents during partial and final closure, the owner or
operator may become a generator of hazardous waste and must handle that
hazardous waste in accordance with all applicable requirements of 35 Ill. Adm.
Code 722.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.215 CERTIFICATION OF CLOSURE
Section 725.215
Certification of Closure
Within 60 days after completion
of closure of each hazardous waste surface impoundment, waste pile, land
treatment, and landfill unit, and within 60 days after completion of final
closure, the owner or operator must submit to the Agency, by registered mail, a
certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the
approved closure plan. The certification must be signed by the owner or
operator and by a qualified Professional Engineer. Documentation supporting
the Professional Engineer's certification must be furnished to the Agency upon
request until the Agency releases the owner or operator from the financial
assurance requirements for closure under Section 725.243(h).
(Source: Amended at 32 Ill.
Reg. 12566, effective July 14, 2008)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.216 SURVEY PLAT
Section 725.216 Survey Plat
No later than the submission of
the certification of closure of each hazardous waste disposal unit, an owner or
operator must submit to any local zoning authority, or authority with
jurisdiction over local land use, to the County Recorder and to the Agency, a
survey plat indicating the location and dimensions of landfill cells or other
hazardous waste disposal units with respect to permanently surveyed
benchmarks. This plat must be prepared and certified by a professional land
surveyor. The plat filed with any local zoning authority, or authority with
jurisdiction over local land use, and the County Recorder must contain a note,
prominently displayed, that states the owner's and operator's obligation to
restrict disturbance of the hazardous waste disposal unit in accordance with
the applicable regulations of this Subpart G.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.217 POST-CLOSURE CARE AND USE OF PROPERTY
Section 725.217 Post-Closure
Care and Use of Property
a) Post-Closure Care
1) Post-closure care for each hazardous waste management unit
subject to the requirements of Sections 725.217 through 725.220 must begin
after completion of closure of the unit and continue for 30 years after that
date. It must consist of at least the following:
A) Monitoring and reporting in accordance with the requirements of
Subparts F, K, L, M, and N; and
B) Maintenance and monitoring of waste containment systems in
accordance with the requirements of Subparts F, K, L, M, and N.
2) Any
time preceding closure of a hazardous waste management unit subject to
post-closure care requirements or final closure, or any time during the
post-closure period for a particular hazardous waste disposal unit, the Board
will, by an adjusted standard granted pursuant to Section 28.1 of the Act and
Subpart D of 35 Ill. Adm. Code 104 or by an order in some other appropriate
type of proceeding (e.g., an enforcement proceeding), do the following:
A) Shorten the post-closure care period applicable to the
hazardous waste management unit, or facility, if all disposal units have been
closed, if the Board finds that the reduced period is sufficient to adequately protect
human health and the environment (e.g., leachate or groundwater monitoring
results; characteristics of the hazardous waste; application of advanced
technology; or alternative disposal, treatment, or re-use techniques indicate
that the hazardous waste management unit or facility is secure); or
B) Extend the post-closure care period applicable to the hazardous
waste management unit or facility, if the Board finds that the extended period
is necessary to adequately protect human health and the environment (e.g.,
leachate or groundwater monitoring results indicate a potential for migration
of hazardous wastes at levels that may be harmful to human health and the
environment).
3) As provided by Section 725.218(i), the Board will utilize
site-specific rulemaking to adjust the length of the post-closure care period.
b) The Agency must require, at partial or final closure,
continuation of any of the security requirements of Section 725.214 during part
or all of the post-closure period when either of the following occurs:
1) Hazardous wastes may remain exposed after completion of partial
or final closure; or
2) Access by the public or domestic livestock may pose a hazard
to human health.
c) Post-closure use of property on or in which hazardous wastes
remain after partial or final closure must never be allowed to disturb the
integrity of the final cover, liners, or any other components of any
containment system or the function of the facility's monitoring systems, unless
the Agency determines either of the following with respect to the disturbance:
1) It is necessary to the proposed use of the property, and will
not increase the potential hazard to human health or the environment; or
2) It is necessary to reduce a threat to human health or the
environment.
d) All post-closure care activities must be performed in
accordance with the provisions of the approved post-closure plan, as specified
in Section 725.218.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.218 POST-CLOSURE CARE PLAN; AMENDMENT OF PLAN
Section 725.218 Post-Closure
Care Plan; Amendment of Plan
a) Written Plan. The owner or operator of a hazardous waste
disposal unit must have a written post-closure care plan. An owner or operator
of a surface impoundment or waste pile that intends to remove all hazardous
wastes at closure must prepare a post-closure care plan and submit it to the
Agency within 90 days after the date that the owner or operator or Agency
determines that the hazardous waste management unit or facility must be closed
as a landfill, subject to the requirements of Sections 725.217 through 725.220.
b) Until final closure of the facility, a copy of the most current
post-closure care plan must be furnished to the Agency upon request, including
request by mail. In addition, for facilities without approved post-closure
care plans, it must also be provided during site inspections, on the day of
inspection, to any officer, employee, or representative of the Agency. After
final closure has been certified, the person or office specified in subsection
(c)(3) must keep the approved post-closure care plan during the post-closure
care period.
c) For each hazardous waste management unit subject to the
requirements of this Section, the post-closure care plan must identify the
activities that will be carried on after closure of each disposal unit and the
frequency of these activities and include the following minimal information:
1) A description of the planned monitoring activities and
frequencies at which they will be performed to comply with Subparts F, K, L, M,
and N during the post-closure care period;
2) A description of the planned maintenance activities and frequencies
at which they will be performed to ensure the following:
A) The integrity of the cap and final cover or other containment
systems in accordance with the requirements of Subparts K, L, M, and N; and
B) The function of the monitoring equipment in accordance with the
requirements of Subparts F, K, L, M, and N;
3) The name, address, and phone number of the person or office to
contact about the hazardous waste disposal unit or facility during the
post-closure care period;
4) For a facility subject to Section 725.221, provisions that
satisfy the requirements of Section 725.221(a)(1) and (a)(3); and
5) For a facility where alternative requirements are established
at a regulated unit under Section 725.190(f), 725.210(d), or 725.240(d), as
provided under 35 Ill. Adm. Code 703.161, either the alternative requirements
that apply to the regulated unit, or a reference to the enforceable document
containing those requirements.
d) Amendment of Plan. The owner or operator may amend the
post-closure care plan at any time during the active life of the facility or
during the post-closure care period. An owner or operator with an approved
post-closure care plan must submit a written request to the Agency to authorize
a change to the approved plan. The written request must include a copy of the
amended post-closure care plan for approval by the Agency.
1) The owner or operator must amend the post-closure care plan
whenever the following occur:
A) Changes in operating plans or facility design affect the
post-closure care plan; or
B) Events occur during the active life of the facility, including
partial and final closures, that affect the post-closure care plan; and
C) The owner or operator requests the establishment of alternative
requirements to a regulated unit under Section 725.190(f), 725.210(d), or
725.240(d).
2) The owner or operator must amend the post-closure care plan at
least 60 days prior to the proposed changes in facility design or operation, or
no later than 60 days after an unexpected event has occurred that has affected
the post-closure care plan.
3) An owner or operator with an approved post-closure care plan must
submit the modified plan to the Agency at least 60 days prior to the proposed
change in facility design or operation, or no more than 60 days after an
unexpected event has occurred that has affected the post-closure care plan. If
an owner or operator of a surface impoundment or a waste pile that intended to
remove all hazardous wastes at closure in accordance with Section 725.328(b) or
725.358(a) is required to close as a landfill in accordance with Section
725.410, the owner or operator must submit a post-closure care plan within 90
days after the determination by the owner or operator or Agency that the unit
must be closed as a landfill. If the amendment to the post-closure care plan
is a Class 2 or 3 modification according to the criteria in 35 Ill. Adm. Code
703.280, the modification to the plan must be approved according to the
procedures in subsection (f).
4) The Agency may request modifications to the plan under the
conditions described in subsection (d)(1). An owner or operator with an
approved post-closure care plan must submit the modified plan no later than 60
days after the request from the Agency. If the amendment to the plan is
considered a Class 2 or 3 modification according to the criteria in 35 Ill.
Adm. Code 703.280 the modifications to the post-closure care plan must be
approved in accordance with the procedures in subsection (f). If the Agency
determines that an owner or operator of a surface impoundment or waste pile
that intended to remove all hazardous wastes at closure must close the facility
as a landfill, the owner or operator must submit a post-closure care plan for
approval to the Agency within 90 days after the determination.
e) The owner or operator of a facility with hazardous waste
management units subject to these requirements must submit the post-closure
care plan to the Agency at least 180 days before the date the owner or operator
expects to begin partial or final closure of the first hazardous waste disposal
unit. The date when the owner or operator "expects to begin closure"
of the first hazardous waste disposal unit must be either within 30 days after
the date on which the hazardous waste management unit receives the known final
volume of hazardous waste or, if there is a reasonable possibility that the
hazardous waste management unit will receive additional hazardous wastes, no
later than one year after the date on which the unit received the most recent
volume of hazardous wastes. The owner or operator must submit the closure plan
to the Agency no later than 15 days after either of the following:
1) Termination of interim status (except when a permit is issued
to the facility simultaneously with termination of interim status); or
2) Issuance of a judicial decree or Board order to cease
receiving wastes or close.
f) Procedures
1) Except as provided in subsection (f)(2), the Agency must
provide the owner or operator and the public through a newspaper notice the
opportunity to submit written comments on the post-closure care plan and
request modifications to the plan, no later than 30 days after the date of the
notice. The Agency may also, in response to a request or at its own
discretion, hold a public hearing whenever such a hearing might clarify one or
more issues concerning the post-closure care plan. The Agency must give public
notice of the hearing at least 30 days before it occurs. (Public notice of the
hearing may be given at the same time as notice of the opportunity for written
public comments and the two notices may be combined.) The Agency must approve,
modify, or disapprove the plan within 90 days after its receipt. If the Agency
determines not to approve the plan, the Agency must provide the owner or
operator with a detailed statement of reasons for the refusal and the owner or
operator must modify the plan or submit a new plan for approval within 30 days
after receiving such written statements. The Agency must approve or modify
this plan in writing within 60 days. If the Agency modifies the plan, this
modified plan becomes the approved post-closure care plan. Any final Agency
determination must ensure that the approved post-closure care plan is
consistent with Sections 725.217 through 725.220. A copy of this modified plan
with a detailed statement of reasons for the modifications must be mailed to
the owner or operator.
2) The Agency must not provide notice or the opportunity for
public comment if, in a prior proceeding, the Board has ordered the
modifications to the plan.
g) The post-closure care plan and length of the post-closure care
period may be modified at any time prior to the end of the post-closure care
period in either of the following two ways:
1) The owner or operator or any member of the public may petition
to extend or reduce the post-closure care period applicable to a hazardous
waste management unit or facility based on cause, or alter the requirements of
the post-closure care period based on cause.
A) The petition must include evidence demonstrating either of the
following:
i) The secure nature of the hazardous waste management unit or
facility makes the post-closure care requirements unnecessary or supports
reduction of the post-closure care period specified in the current post-closure
care plan (e.g., leachate or groundwater monitoring results; characteristics of
the waste; application of advanced technology; or alternative disposal,
treatment, or re-use techniques indicate that the facility is secure), or
ii) The requested extension in the post-closure care period or
alteration of post-closure care requirements is necessary to prevent threats to
human health and the environment (e.g., leachate or groundwater monitoring
results indicate a potential for migration of hazardous wastes at levels that
may be harmful to human health and the environment).
B) These petitions must be considered only when they present new
and relevant information not previously considered.
i) Except as provided in subsection (g)(1)(B)(ii), whenever the
Agency is considering a petition, it must provide the owner or operator and the
public, through a newspaper notice, the opportunity to submit written comments
within 30 days after the date of the notice. The Agency must also, in response
to a request or at its own discretion, hold a public hearing whenever a hearing
might clarify one or more issues concerning the post-closure care plan. The
Agency must give the public notice of the hearing at least 30 days before it
occurs. (Public notice of the hearing may be given at the same time as notice
of the opportunity for written public comments and the two notices may be
combined.) After considering the comments, the Agency must issue a final
determination, based upon the criteria set forth in subsection (g)(1).
ii) The Agency must not provide notice or the opportunity for
public comment if, in a prior proceeding, the Board has ordered the
modifications to the plan.
C) If the Agency denies the petition, it must send the petitioner
a brief written response giving a reason for the denial.
2) The Agency must tentatively decide to modify the post-closure
care plan if the Agency determines that it is necessary to prevent threats to
human health and the environment. The Agency may propose to extend or reduce
the post-closure care period applicable to a hazardous waste management unit or
facility based on cause or alter the requirements of the post-closure care
period based on cause.
A) The Agency must provide the owner or operator and the affected
public, through a newspaper notice, the opportunity to submit written comments
within 30 days after the date of the notice and the opportunity for a public
hearing as in subsection (g)(1)(B). After considering the comments, the Agency
must issue a final determination.
B) The Agency must base its final determination upon the same
criteria as required for petitions under subsection (g)(1)(A). A modification
of the post-closure care plan may include, where appropriate, the temporary
suspension rather than permanent deletion of one or more post-closure care
requirements. At the end of the specified period of suspension, the Agency
would then determine whether the requirements should be permanently
discontinued or reinstated to prevent threats to human health and the
environment.
h) The Agency procedures described in Sections 725.212 through
725.219 are in the nature of permit amendments. Amendment of refusal to amend
the plan is a permit denial for purposes of appeal pursuant to 35 Ill. Adm.
Code 105. The Agency must not amend permits in such a manner so that the
permit would not conform with Board regulations.
i) If any person seeks a closure or post-closure care plan that
would not conform with Board regulations, such person must file a site-specific
rulemaking petition pursuant to 35 Ill. Adm. Code 102 or a variance petition
pursuant to Sections 35 through 38 of the Act and Subpart B of 35 Ill. Adm.
Code 104.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.219 POST-CLOSURE NOTICES
Section 725.219 Post-Closure
Notices
Within 90 days after closure is
completed, the owner or operator of a disposal facility must submit to the
County Recorder and to the Agency a survey plat indicating the location and
dimensions of landfill cells or other disposal areas with respect to permanently
surveyed benchmarks. This plat must be prepared and certified by a
professional land surveyor. The plat filed with the County Recorder must
contain a note, prominently displayed, that states the owner's or operator's
obligation to restrict disturbance of the site as specified in Section
725.217(c). In addition, the owner or operator must submit to the Agency and
to the County Recorder a record of the type, location, and quantity of
hazardous waste disposed of within each cell or area of the facility. The
owner or operator must identify the type, location, and quantity of hazardous
wastes disposed of within each cell or area of the facility. For wastes
disposed of before these regulations were promulgated, the owner or operator
must identify the type, location, and quantity of the wastes to the best of his
knowledge and in accordance with any records the owner or operator has kept.
a) No later than 60 days after certification of closure of each
hazardous waste disposal unit, the owner or operator must submit to the County
Recorder, to any local zoning authority, or any authority with jurisdiction
over local land use, and to the Agency, a record of the type, location, and
quantity of hazardous wastes disposed of within each cell or other disposal unit
of the facility. For hazardous wastes disposed of before January 12, 1981, the
owner or operator must identify the type, location, and quantity of the
hazardous wastes to the best of the owner or operator's knowledge and in
accordance with any records the owner or operator has kept.
b) Within 60 days after certification of closure of the first
hazardous waste disposal unit and within 60 days after certification of closure
of the last hazardous waste disposal unit, the owner or operator must do the following:
1) Record, in accordance with Illinois law, a notation on the
deed to the facility property, or on some other instrument that is normally
examined during title search, that will in perpetuity notify any potential
purchaser of the property of the following:
A) The land has been used to manage hazardous wastes;
B) Its use is restricted pursuant to Subpart G; and
C) The survey plat and record of the type, location, and quantity
of hazardous wastes disposed of within each cell or other hazardous waste
disposal unit of the facility required by Sections 725.216 and 725.219(a) have
been filed with the County Recorder, any local zoning authority, or any
authority with jurisdiction over local land use, and with the Agency; and
2) Submit to the Agency a certification signed by the owner or
operator that the owner or operator has recorded the notation specified in
subsection (b)(1), together with a copy of the document in which the notation
has been placed.
c) If the owner or operator or any subsequent owner of the land
upon which a hazardous waste disposal unit was located wishes to remove
hazardous wastes and hazardous waste residues; the liner, if any; and all
contaminated structures, equipment, and soils, such person must request a
modification to the approved post-closure plan in accordance with the
requirements of Section 725.218(g). The owner or operator must demonstrate
that the removal of hazardous wastes will satisfy the criteria of Section
725.217(c). By removing hazardous waste, the owner or operator may become a
generator of hazardous waste and must manage it in accordance with all
applicable requirements of 35 Ill. Adm. Code 702, 703, 720 through 728, and 738.
If the owner or operator is granted approval to conduct the removal activities,
the owner or operator may request that the Agency approve either of the
following:
1) Removal of the notation on the deed to the facility property
or other instrument normally examined during title search, or
2) Addition of a notation to the deed or instrument indicating
the removal of the hazardous waste.
(Source: Amended at 42 Ill. Reg.
23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.220 CERTIFICATION OF COMPLETION OF POST-CLOSURE CARE
Section 725.220
Certification of Completion of Post-Closure Care
No later than 60 days after the
completion of the established post-closure care period for each hazardous waste
disposal unit, the owner or operator must submit to the Agency, by registered
mail, a certification that the post-closure care period for the hazardous waste
disposal unit was performed in accordance with the specifications in the
approved post-closure plan. The certification must be signed by the owner or
operator and a qualified Professional Engineer. Documentation supporting the Professional
Engineer's certification must be furnished to the Agency upon request until the
Agency releases the owner or operator from the financial assurance requirements
for post-closure care under Section 725.245(h).
(Source: Amended at 32 Ill.
Reg. 12566, effective July 14, 2008)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.221 ALTERNATIVE POST-CLOSURE CARE REQUIREMENTS
Section 725.221 Alternative
Post-Closure Care Requirements
a) An owner or operator that is subject to the requirement to
obtain a post-closure care permit under Subpart B of 35 Ill. Adm. Code 703 but
which obtains an enforceable document in lieu of a post-closure permit, as
provided in 35 Ill. Adm. Code 703.161, must comply with the following
requirements:
1) The requirements to submit information about the facility in
35 Ill. Adm. Code 703.214;
2) The requirements for facility-wide corrective action in 35
Ill. Adm. Code 724.201; and
3) The requirements of 35 Ill. Adm. Code 724.191 through 724.200.
b) Implementation of Alternative Requirements
1) Public Notice, Public Comments, and Public Hearing.
A) In establishing alternative requirements in an enforceable
document in lieu of a permit under this Section, the Board will assure a
meaningful opportunity for public involvement that, at a minimum, includes
public notice and opportunity for public comment, as provided under the
relevant provisions of the Act:
i) For a site-specific rulemaking, in Sections 27 and 28 of the
Act.
ii) For an adjusted standard, in Section 28.1 of the Act.
iii) For a variance, in Sections 35 through 38 of the Act.
iv) For an order issued pursuant to Section 33(a) of the Act, in
Sections 31, 32, and 33 of the Act.
B) When an owner or operator submits a plan to the Agency pursuant
to an appropriate statutory or regulatory authority, the Agency must provide
public notice and an opportunity for public hearing on the plan according to
the requirements of Subparts D and E of 35 Ill. Adm. Code 705 as follows:
i) When the Agency becomes involved in remedial action at the
facility under regulations or in an enforcement action;
ii) On the proposed preferred remedy and on the assumptions on
which the remedy is based, especially those relating to land use and site
characterization; and
iii) At the time of a proposed decision that remedial action is
complete at the facility.
C) The requirements of subsection (b)(1)(B) must be met before the
Agency may consider that the facility owner or operator has met the
requirements of 35 Ill. Adm. Code 703.161, unless the facility qualifies for a
modification to these public participation requirements under either of subsection
(b)(2) or (b)(3).
2) If the Agency determines that even a short delay in the
implementation of a remedy would adversely affect human health or the
environment, the Agency may delay compliance with the requirements of
subsection (b)(1)(B) and immediately implement the remedy. However, the Agency
must assure involvement of the public at the earliest opportunity and, in all
cases, upon making the decision that additional remedial action is not needed
at the facility.
3) The Agency may allow a remediation initiated prior to August
6, 1999 to substitute for corrective action required under a post-closure care
permit.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
SUBPART H: FINANCIAL REQUIREMENTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.240 APPLICABILITY
Section 725.240
Applicability
a) The requirements of Sections 725.242, 725.243, and 725.247
through 725.250 apply to owners and operators of all hazardous waste
facilities, except as provided otherwise in this Section or in Section 725.101.
b) The requirements of Sections 725.244 and 725.245 apply only to
owners and operators of any of the following:
1) Disposal facilities;
2) Tank systems that are required pursuant to Section 725.297 to
meet the requirements for landfills; or
3) Containment buildings that are required pursuant to Section
725.1102 to meet the requirements for landfills.
c) States and the federal government are exempt from the
requirements of this Subpart H.
d) A permit or enforceable document can contain alternative
requirements that replace all or part of the financial assurance requirements
of this Subpart H applying to a regulated unit, as provided in 35 Ill. Adm.
Code 703.161, where the Board or Agency has done the following:
1) The Board, by an adjusted standard granted pursuant to Section
28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104, has established
alternative requirements for the regulated unit established pursuant to Section
725.190(f) or Section 724.210(d); and
2) The Board has determined that it is not necessary to apply the
financial assurance requirements of this Subpart H because the alternative
financial assurance requirements will adequately protect human health and the
environment.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.241 DEFINITIONS OF TERMS AS USED IN THIS SUBPART H
Section 725.241 Definitions
of Terms as Used in this Subpart H
a) "Closure plan" means the plan for closure prepared
in accordance with the requirements of Section 725.212.
b) "Current closure cost estimate" means the most
recent of the estimates prepared in accordance with Sections 725.242(a), (b),
and (c).
c) "Current post-closure cost estimate" means the most
recent of the estimates prepared in accordance with Sections 725.244(a), (b),
and (c).
d) "Parent corporation" means a corporation that
directly owns at least 50 percent of the voting stock of the corporation that
is the facility owner or operator; the latter corporation is deemed a
"subsidiary" of the parent corporation.
e) "Post-closure plan" means the plan for post-closure
care prepared in accordance with the requirements of Sections 725.217 through
725.220.
f) The following terms are used in the specifications for the
financial tests for closure, post-closure care, and liability coverage. The
definitions are intended to assist in the understanding of these regulations
and are not intended to limit the meanings of terms in a way that conflicts
with generally accepted accounting practices.
"Assets"
mean all existing and all probable future economic benefits obtained or
controlled by a particular entity.
"Current
assets" mean cash or other assets or resources commonly identified as
those that are reasonably expected to be realized in cash or sold or consumed
during the normal operating cycle of the business.
"Current
liabilities" means obligations whose liquidation is reasonably expected to
require the use of existing resources properly classifiable as current assets
or the creation of other current liabilities.
"Current
plugging and abandonment cost estimate" means the most recent of the
estimates prepared in accordance with 35 Ill. Adm. Code 704.212(a), (b), and
(c).
"Independently
audited" refers to an audit performed by an independent certified public
accountant in accordance with generally accepted auditing standards.
"Liabilities"
means probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the
future as a result of past transactions or events.
"Net
working capital" means current assets minus current liabilities.
"Net
worth" means total assets minus total liabilities and is equivalent to
owner's equity.
"Tangible
net worth" means the tangible assets that remain after deducting
liabilities; such assets would not include intangibles, such as goodwill and
rights to patents or royalties.
g) In the liability insurance requirements the terms "bodily
injury" and "property damage" have the meanings given below.
The Board intends the meanings of other terms used in the liability insurance
requirements to be consistent with their common meanings within the insurance
industry. The definitions given below of several of the terms are intended to
assist in the understanding of these regulations and are not intended to limit
their meanings in a way that conflicts with general insurance industry usage.
"Accidental
occurrence" means an accident, including continuous or repeated exposure
to conditions, that results in bodily injury or property damage neither
expected nor intended from the standpoint of the insured.
"Bodily
injury" means bodily injury, sickness, or disease sustained by a person,
including death resulting from any of these at any time. However, this term
does not include those liabilities that, consistent with standard insurance
industry practices, are excluded from coverage in liability insurance policies
for bodily injury.
BOARD NOTE:
Derived from the Insurance Services Office, Inc. definition of this term.
"Environmental
damage" means the injurious presence in or upon land, the atmosphere or
any watercourse or body of water of solid, liquid, gaseous, or thermal contaminants,
irritants, or pollutants.
BOARD NOTE: Derived from the Insurance Services Office, Inc. definition
of this term. This term is used in the definition of "pollution
incident".
"Legal
defense costs" means any expenses that an insurer incurs in defending
against claims of third parties brought under the terms and conditions of an
insurance policy.
"Nonsudden
accidental occurrence" means an occurrence that takes place over time and
involves continuous or repeated exposure.
"Pollutant"
means any solid, liquid, gaseous, or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste.
BOARD NOTE: Derived
from the Insurance Services Office, Inc. definition of this term. This definition
is used in the definition of "pollution incident".
"Pollution
incident" means emission, discharge, release or escape of pollutants into
or upon land, the atmosphere, or any watercourse or body of water, provided
that such emission, discharge, release, or escape results in
"environmental damage". The entirety of any such emission, discharge,
release, or escape must be deemed to be one "pollution incident".
"Waste" includes materials to be recycled, reconditioned, or
reclaimed. The term "pollution incident" includes an
"occurrence".
BOARD NOTE: Derived
from the Insurance Services Office, Inc. definition of this term. This
definition is used in the definition of "property damage".
"Property
damage" means as follows:
Either of the following:
Physical
injury to, destruction of, or contamination of tangible property, including all
resulting loss of use of that property; or
Loss of use
of tangible property that is not physically injured, destroyed, or
contaminated, but has been evacuated, withdrawn from use, or rendered
inaccessible because of a "pollution incident".
This term
does not include those liabilities that, consistent with standard insurance
industry practices, are excluded from coverage in liability insurance policies
for property damage.
BOARD NOTE:
Derived from the Insurance Services Office, Inc. definition of this term.
"Sudden
accidental occurrence" means an occurrence that is not continuous or
repeated in nature.
h) "Substantial
business relationship" means the
extent of a business relationship necessary under applicable state law to make
a guarantee contract issued incident to that relationship valid and
enforceable. A "substantial business relationship" must arise from a
pattern of recent or ongoing business transactions, in addition to the
guarantee itself, such that the Agency can reasonably determine that a
substantial business relationship currently exists between the guarantor and
the owner or operator that is adequate consideration to support the obligation
of the guarantee relating to any liability towards a third-party. "Applicable
state law", as used in this subsection (h), means the laws of the State of
Illinois and those of any sister state that govern the guarantee and the
adequacy of the consideration.
BOARD NOTE: Derived from 40 CFR
265.141(h) (2017) and the discussion at 53 Fed. Reg. 33938, 33941-33943 (Sep.
1, 1988). This term is also independently defined in 35 Ill. Adm. Code
724.141(h) and 727.240(b)(8). Any Agency determination that a substantial
business relationship exists is subject to Board review pursuant to Section 40
of the Act.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.242 COST ESTIMATE FOR CLOSURE
Section 725.242 Cost
Estimate for Closure
a) The owner or operator must have a detailed written estimate,
in current dollars, of the cost of closing the facility in accordance with the
requirements in Sections 725.211 through 725.215 and applicable closure
requirements of Sections 725.297, 725.328, 725.358, 725.380, 725.410, 725.451,
725.481, 725.504, and 725.1102.
1) The estimate must equal the cost of final closure at the point
in the facility's active life when the extent and manner of its operation would
make closure the most expensive, as indicated by its closure plan (see Section
725.212(b)); and
2) The closure cost estimate must be based on the costs to the
owner or operator of hiring a third party to close the facility. A third party
is a party that is neither a parent nor a subsidiary of the owner or operator.
(See definition of "parent corporation" in Section 725.241(d).) The
owner or operator may use costs for on-site disposal if the owner or operator
demonstrates that on-site disposal capacity will exist at all times over the
life of the facility.
3) The closure cost estimate must not incorporate any salvage
value that may be realized by the sale of hazardous wastes, or non-hazardous
wastes if permitted by the Agency pursuant to Section 725.213(d), facility
structures or equipment, land or other facility assets at the time of partial
or final closure.
4) The owner or operator must not incorporate a zero cost for
hazardous waste, or non-hazardous waste if permitted by the Agency pursuant to
Section 725.213(d), that may have economic value.
b) During the active life of the facility, the owner or operator must
adjust the closure cost estimate for inflation within 60 days prior to the
anniversary date of the establishment of the financial instruments used to
comply with Section 725.243. For an owner or operator using the financial test
or corporate guarantee, the closure cost estimate must be updated for inflation
within 30 days after the close of the firm's fiscal year and before submission
of updated information to the Agency, as specified in Section 725.243(e)(5).
The adjustment may be made by recalculating the closure cost estimate in
current dollars, or by using an inflation factor derived from the most recent
annual Implicit Price Deflator for Gross National Product (Deflator), as
published by the U.S. Department of Commerce in its Survey of Current Business,
as specified in subsections (b)(1) and (b)(2). The inflation factor is the
result of dividing the latest published annual Deflator by the Deflator for the
previous year.
1) The first adjustment is made by multiplying the closure cost
estimate by the inflation factor. The result is the adjusted closure cost
estimate.
2) Subsequent adjustments are made by multiplying the latest
adjusted closure cost estimate by the latest inflation factor.
BOARD NOTE: The table of
Deflators is available as Table 1.1.9., "Implicit Price Deflators for
Gross Domestic Product", in the National Income and Product Account Tables,
published by U.S. Department of Commerce, Bureau of Economic Analysis, National
Economic Accounts, available on-line at the following web address: www.bea.gov/national/nipaweb/TableView.asp?
SelectedTable=13&FirstYear=2002&LastYear=2004&Freq=Qtr.
c) During the active life of the facility, the owner or operator must
revise the closure cost estimate no later than 30 days after a revision has
been made to the closure plan that increases the cost of closure. If the owner
or operator has an approved closure plan, the closure cost estimate must be
revised no later than 30 days after the Agency has approved the request to
modify the closure plan if the change in the closure plan increases the cost of
closure. The revised closure cost estimate must be adjusted for inflation as
specified in subsection (b).
d) The owner or operator must keep the following at the facility
during the operating life of the facility: the latest closure cost estimate
prepared in accordance with subsections (a) and (c), and, when this estimate
has been adjusted in accordance with subsection (b), the latest adjusted
closure cost estimate.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.243 FINANCIAL ASSURANCE FOR CLOSURE
Section 725.243 Financial
Assurance for Closure
An owner or operator of each
facility must establish financial assurance for closure of the facility. The
owner or operator must choose from the options specified in subsections (a)
through (e).
a) Closure Trust Fund
1) An owner or operator may satisfy the requirements of this
Section by establishing a closure trust fund that conforms to the requirements
of this subsection and submitting an original, signed duplicate of the trust
agreement to the Agency. The trustee must be an entity that has the authority
to act as a trustee and whose trust operations are regulated and examined by a federal
or State agency.
2) The wording of the trust agreement must be as specified in 35
Ill. Adm. Code 724.251, and the trust agreement must be accompanied by a formal
certification of acknowledgment, as specified in 35 Ill. Adm. Code 724.251.
Schedule A of the trust agreement must be updated within 60 days after a change
in the amount of the current closure cost estimate covered by the agreement.
3) Payments into the trust fund must be made annually by the owner
or operator over the remaining operating life of the facility as estimated in
the closure plan; this period is hereafter referred to as the "pay-in
period". The payments into the closure trust fund must be made as follows:
A) The first payment must be at least equal to the current closure
cost estimate, except as provided in subsection (f), divided by the number of
years in the pay-in period.
B) Subsequent payments must be made no later than 30 days after
each anniversary date of the first payment. The amount of each subsequent
payment must be determined by this formula:
Where:
|
CE
|
=
|
the current closure cost estimate
|
|
CV
|
=
|
the current value of the trust fund
|
|
Y
|
=
|
the number of years remaining in the pay-in period
|
4) The owner or operator may accelerate payments into the trust
fund or may deposit the full amount of the current closure cost estimate at the
time the fund is established. However, the owner or operator must maintain the
value of the fund at no less than the value that the fund would have if annual
payments were made as specified in subsection (a)(3).
5) If the owner or operator establishes a closure trust fund
after having used one or more alternate mechanisms specified in this Section,
the owner or operator's first payment must be in at least the amount that the
fund would contain if the trust fund were established initially and annual
payments made as specified in subsection (a)(3).
6) After the pay-in period is completed, whenever the current
closure cost estimate changes, the owner or operator must compare the new
estimate with the trustee's most recent annual valuation of the trust fund. If
the value of the fund is less than the amount of the new estimate, the owner or
operator, within 60 days after the change in the cost estimate, must either
deposit an amount into the fund so that its value after this deposit at least
equals the amount of the current closure cost estimate, or obtain other
financial assurance, as specified in this Section, to cover the difference.
7) If the value of the trust fund is greater than the total
amount of the current closure cost estimate, the owner or operator may submit a
written request to the Agency for release of the amount in excess of the
current closure cost estimate.
8) If an owner or operator substitutes other financial assurance,
as specified in this Section, for all or part of the trust fund, the owner or
operator may submit a written request to the Agency for release of the amount
in excess of the current closure cost estimate covered by the trust fund.
9) Within 60 days after receiving a request from the owner or
operator for release of funds as specified in subsection (a)(7) or (a)(8), the
Agency must instruct the trustee to release to the owner or operator such funds
as the Agency specifies in writing.
10) After beginning partial or final closure, an owner or
operator or another person authorized to conduct partial or final closure may
request reimbursement for closure expenditures by submitting itemized bills to
the Agency. The owner or operator may request reimbursement for partial closure
only if sufficient funds are remaining in the trust fund to cover the maximum
costs of closing the facility over its remaining operating life. Within 60
days after receiving bills for partial or final closure activities, the Agency must
instruct the trustee to make reimbursement in those amounts as the Agency
specifies in writing if the Agency determines that the partial or final closure
expenditures are in accordance with the approved closure plan, or otherwise
justified. If the Agency determines that the maximum cost of closure over the
remaining life of the facility will be significantly greater than the value of
the trust fund, it must withhold reimbursement of such amounts as it deems
prudent until it determines, in accordance with subsection (h), that the owner
or operator is no longer required to maintain financial assurance for final
closure of the facility. If the Agency does not instruct the trustee to make
such reimbursements, the Agency must provide the owner or operator a detailed
written statement of reasons.
11) The Agency must agree to termination of the trust when either
of the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
b) Surety Bond Guaranteeing Payment into a Closure Trust Fund
1) An owner or operator may satisfy the requirements of this
Section by obtaining a surety bond that conforms to the requirements of this
subsection (b) and submitting the bond to the Agency. The surety company
issuing the bond must, at a minimum, be among those listed as acceptable
sureties on federal bonds in Circular 570 of the U.S. Department of the
Treasury.
BOARD NOTE: The U.S. Department of the Treasury updates Circular 570,
"Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies", on an annual basis
pursuant to 31 CFR 223.16. Circular 570 is available on the Internet from the
following website: http://www.fms.treas.gov/c570/.
2) The wording of the surety bond must be as specified in 35 Ill.
Adm. Code 724.251.
3) The owner or operator that uses a surety bond to satisfy the
requirements of this Section must also establish a standby trust fund. Under
the terms of the bond, all payments made thereunder will be deposited by the
surety directly into the standby trust fund in accordance with instructions
from the Agency. This standby trust fund must meet the requirements specified
in subsection (a), except as follows:
A) An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B) Until the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by these
regulations:
i) Payments into the trust fund, as specified in subsection (a);
ii) Updating of Schedule A of the trust agreement (see 35 Ill.
Adm. Code 724.251(a)) to show current closure cost estimates;
iii) Annual valuations, as required by the trust agreement; and
iv) Notices of nonpayment, as required by the trust agreement.
4) The bond must guarantee that the owner or operator will:
A) Fund the standby trust fund in an amount equal to the penal sum
of the bond before the beginning of final closure of the facility;
B) Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an order to begin final closure is issued by the Board or
a court of competent jurisdiction; or
C) Provide alternate financial assurance, as specified in this
Section, and obtain the Agency's written approval of the assurance provided,
within 90 days after receipt by both the owner or operator and the Agency of a
notice of cancellation of the bond from the surety.
5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as guaranteed
by the bond.
6) The penal sum of the bond must be in an amount at least equal
to the current closure cost estimate, except as provided in subsection (f).
7) Whenever the current closure cost estimate increases to an
amount greater than the penal sum, the owner or operator, within 60 days after
the increase, must either cause the penal sum to be increased to an amount at
least equal to the current closure cost estimate and submit evidence of such
increase to the Agency, or obtain other financial assurance, as specified in
this Section, to cover the increase. Whenever the current closure cost
estimate decreases, the penal sum may be reduced to the amount of the current
closure cost estimate following written approval by the Agency.
8) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or operator and
to the Agency. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the
owner or operator and the Agency, as evidenced by the return receipts.
9) The owner or operator may cancel the bond if the Agency has
given prior written consent based on its receipt of evidence of alternate
financial assurance, as specified in this Section.
c) Closure Letter of Credit
1) An owner or operator may satisfy the requirements of this
Section by obtaining an irrevocable standby letter of credit that conforms to
the requirements of this subsection (c) and submitting the letter to the
Agency. The issuing institution must be an entity that has the authority to
issue letters of credit and whose letter-of-credit operations are regulated and
examined by a federal or State agency.
2) The wording of the letter of credit must be as specified in 35
Ill. Adm. Code 724.251.
3) An owner or operator that uses a letter of credit to satisfy
the requirements of this Section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a draft
by the Agency must be deposited by the issuing institution directly into the
standby trust fund in accordance with instructions from the Agency. This
standby trust fund must meet the requirements of the trust fund specified in
subsection (a), except as follows:
A) An original, signed duplicate of the trust agreement must be
submitted to the Agency with the letter of credit; and
B) Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by these
regulations:
i) Payments into the trust fund, as specified in subsection (a);
ii) Updating of Schedule A of the trust agreement (as specified
in 35 Ill. Adm. Code 724.251) to show current closure cost estimates;
iii) Annual valuations, as required by the trust agreement; and
iv) Notices of nonpayment as required by the trust agreement.
4) The letter of credit must be accompanied by a letter from the
owner or operator referring to the letter of credit by number, issuing
institution, and date and providing the following information: the USEPA
identification number, name, and address of the facility, and the amount of
funds assured for closure of the facility by the letter of credit.
5) The letter of credit must be irrevocable and issued for a
period of at least one year. The letter of credit must provide that the
expiration date will be automatically extended for a period of at least one
year unless, at least 120 days before the current expiration date, the issuing
institution notifies both the owner or operator and the Agency by certified
mail of a decision not to extend the expiration date. Under the terms of the
letter of credit, the 120 days will begin on the date when both the owner or
operator and the Agency have received the notice, as evidenced by the return
receipts.
6) The letter of credit must be issued in an amount at least
equal to the current closure cost estimate, except as provided in subsection
(f).
7) Whenever the current closure cost estimate increases to an
amount greater than the amount of the credit, the owner or operator, within 60
days after the increase, must either cause the amount of the credit to be
increased so that it at least equals the current closure cost estimate and
submit evidence of such increase to the Agency, or obtain other financial
assurance, as specified in this Section, to cover the increase. Whenever the
current closure cost estimate decreases, the amount of the credit may be
reduced to the amount of the current closure cost estimate following written
approval by the Agency.
8) Following a final judicial determination or Board order
finding that the owner or operator has failed to perform final closure in
accordance with the approved closure plan when required to do so, the Agency
may draw on the letter of credit.
9) If the owner or operator does not establish alternate
financial assurance, as specified in this Section, and obtain written approval
of such alternate assurance from the Agency within 90 days after receipt by
both the owner or operator and the Agency of a notice from issuing institution
that it has decided not to extend the letter of credit beyond the current
expiration date, the Agency must draw on the letter of credit. The Agency may
delay the drawing if the issuing institution grants an extension of the term of
the credit. During the last 30 days of any such extension the Agency must draw
on the letter of credit if the owner or operator has failed to provide
alternate financial assurance, as specified in this Section, and obtain written
approval of such assurance from the Agency.
10) The Agency must return the letter of credit to the issuing
institution for termination when one of the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
d) Closure Insurance
1) An owner or operator may satisfy the requirements of this Section
by obtaining closure insurance that conforms to the requirements of this subsection
and submitting a certificate of such insurance to the Agency. At a minimum,
the insurer must be licensed to transact the business of insurance, or eligible
to provide insurance as an excess or surplus lines insurer, in one or more
States.
2) The wording of the certificate of insurance must be as
specified in 35 Ill. Adm. Code 724.251.
3) The closure insurance policy must be issued for a face amount
at least equal to the current closure cost estimate, except as provided in
subsection (f). The term "face amount" means the total amount the
insurer is obligated to pay under the policy. Actual payments by the insurer
will not change the face amount, although the insurer's future liability will
be lowered by the amount of the payments.
4) The closure insurance policy must guarantee that funds will be
available to close the facility whenever final closure occurs. The policy must
also guarantee that, once final closure begins, the insurer will be responsible
for paying out funds, up to an amount equal to the face amount of the policy,
upon the direction of the Agency to such party or parties as the Agency
specifies.
5) After beginning partial or final closure, an owner or operator
or any other person authorized to conduct closure may request reimbursement for
closure expenditures by submitting itemized bills to the Agency. The owner or
operator may request reimbursement for partial closure only if the remaining
value of the policy is sufficient to cover the maximum costs of closing the
facility over its remaining operating life. Within 60 days after receiving
bills for closure activities, the Agency must instruct the insurer to make
reimbursement in such amounts as the Agency specifies in writing if the Agency determines
that the partial or final closure expenditures are in accordance with the
approved closure plan or otherwise justified. If the Agency determines that
the maximum cost of closure over the remaining life of the facility will be
significantly greater than the face amount of the policy, it must withhold
reimbursement of such amounts as it deems prudent until it determines, in
accordance with subsection (h), that the owner or operator is no longer
required to maintain financial assurance for final closure of the particular
facility. If the Agency does not instruct the insurer to make such
reimbursements, the Agency must provide the owner or operator with a detailed
written statement of reasons.
6) The owner or operator must maintain the policy in full force
and effect until the Agency consents to termination of the policy by the owner
or operator as specified in subsection (d)(10). Failure to pay the premium,
without substitution of alternate financial assurance as specified in this
Section, will constitute a significant violation of these regulations,
warranting such remedy as the Board may impose pursuant to the Environmental
Protection Act. Such violation will be deemed to begin upon receipt by the
Agency of a notice of future cancellation, termination, or failure to renew due
to nonpayment of the premium, rather than upon the date of expiration.
7) Each policy must contain a provision allowing assignment of
the policy to a successor owner or operator. Such assignment may be
conditional upon consent of the insurer, provided such consent is not
unreasonably refused.
8) The policy must provide that the insurer may not cancel,
terminate, or fail to renew the policy except for failure to pay the premium.
The automatic renewal of the policy must, at a minimum, provide the insured
with the option of renewal at the face amount of the expiring policy. If there
is a failure to pay the premium, the insurer may elect to cancel, terminate, or
fail to renew the policy by sending notice by certified mail to the owner or
operator and the Agency. Cancellation, termination, or failure to renew may
not occur, however, during the 120 days beginning with the date of receipt of
the notice by both the Agency and the owner or operator, as evidenced by the
return receipts. Cancellation, termination, or failure to renew may not occur
and the policy will remain in full force and effect in the event that, on or
before the date of expiration, one of the following occurs:
A) The Agency deems the facility abandoned;
B) Interim status is terminated or revoked;
C) Closure is ordered by the Board or a court of competent
jurisdiction;
D) The owner or operator is named as debtor in a voluntary or
involuntary proceeding under 11 USC (Bankruptcy); or
E) The premium due is paid.
9) Whenever the current closure cost estimate increases to an
amount greater than the face amount of the policy, the owner or operator,
within 60 days after the increase, must either cause the face amount to be
increased to an amount at least equal to the current closure cost estimate and
submit evidence of such increase to the Agency, or obtain other financial
assurance as specified in this Section to cover the increase. Whenever the
current closure cost estimate decreases, the face amount may be reduced to the
amount of the current closure cost estimate following written approval by the
Agency.
10) The Agency must give written consent to the owner or operator
that the owner or operator may terminate the insurance policy when either of
the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
e) Financial Test and Corporate Guarantee for Closure
1) An owner or operator may satisfy the requirements of this
Section by demonstrating that the owner or operator passes a financial test as
specified in this subsection. To pass this test the owner or operator must meet
the criteria of either subsection (e)(1)(A) or (e)(1)(B):
A) The owner or operator must have all of the following:
i) Two of the following three ratios: a ratio of total
liabilities to net worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion and amortization to total liabilities greater than 0.1;
and a ratio of current assets to current liabilities greater than 1.5;
ii) Net working capital and tangible net worth each at least six
times the sum of the current closure and post-closure cost estimates and the
current plugging and abandonment cost estimates;
iii) Tangible net worth of at least $10 million; and
iv) Assets located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the current closure
and post-closure cost estimates and the current plugging and abandonment cost
estimates.
B) The owner or operator must have all of the following:
i) A current rating for its most recent bond issuance of AAA,
AA, A, or BBB, as issued by Standard and Poor's, or Aaa, Aa, A, or Baa, as
issued by Moody's;
ii) Tangible net worth at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates;
iii) Tangible net worth of at least $10 million; and
iv) Assets located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the current closure
and post-closure cost estimates and the current plugging and abandonment cost
estimates.
2) The phrase "current closure and post-closure cost
estimates", as used in subsection (e)(1), refers to the cost estimates
required to be shown in subsections 1 through 4 of the letter from the owner's
or operator's chief financial officer (see 35 Ill. Adm. Code 724.251). The
phrase "current plugging and abandonment cost estimates", as used in
subsection (e)(1), refers to the cost estimates required to be shown in subsections
1 through 4 of the letter from the owner's or operator's chief financial
officer (see 35 Ill. Adm. Code 704.240).
3) To demonstrate that the owner or operator meets this test, the
owner or operator must submit each of the following items to the Agency:
A) A letter signed by the owner's or operator's chief financial
officer and worded as specified in 35 Ill. Adm. Code 724.251;
B) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the latest
completed fiscal year; and
C) A special report from the owner's or operator's independent
certified public accountant to the owner or operator stating the following:
i) That the accountant has compared the data that the letter
from the chief financial officer specifies as having been derived from the
independently audited, year-end financial statements for the latest fiscal year
with the amounts in such financial statements; and
ii) In connection with that procedure, that no matters came to
the accountant's attention which caused the accountant to believe that the
specified data should be adjusted.
4) This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4),
a federal provision relating to an extension of the time to file the proofs of
financial assurance required by this subsection (e) granted by USEPA. This
statement maintains structural consistency with the corresponding federal
regulations.
5) After the initial submission of items specified in subsection
(e)(3), the owner or operator must send updated information to the Agency
within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (e)(3).
6) If the owner or operator no longer meets the requirements of
subsection (e)(1), the owner or operator must send notice to the Agency of
intent to establish alternate financial assurance as specified in this
Section. The notice must be sent by certified mail within 90 days after the
end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
7) The Agency may, based on a reasonable belief that the owner or
operator may no longer meet the requirements of subsection (e)(1), require
reports of financial condition at any time from the owner or operator in
addition to those specified in subsection (e)(3). If the Agency finds, on the
basis of such reports or other information, that the owner or operator no
longer meets the requirements of subsection (e)(1), the owner or operator must
provide alternate financial assurance as specified in this Section within 30
days after notification of such a finding.
8) The Agency may disallow use of this test on the basis of
qualifications in the opinion expressed by the independent certified public
accountant in the accountant's report on examination of the owner's or
operator's financial statements (see subsection (e)(3)(B)). An adverse opinion
or a disclaimer of opinion will be cause for disallowance. The Agency must
evaluate other qualifications on an individual basis. The owner or operator must
provide alternate financial assurance as specified in this Section within 30
days after notification of the disallowance.
9) The owner or operator is no longer required to submit the
items specified in subsection (e)(3) when either of the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
10) An owner or operator may meet the requirements of this
Section by obtaining a written guarantee, hereafter referred to as
"corporate guarantee". The guarantor must be the direct or
higher-tier parent corporation of the owner or operator, a firm whose parent
corporation is also the parent corporation of the owner or operator, or a firm
with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in
subsections (e)(1) through (e)(8), and must comply with the terms of the
corporate guarantee. The wording of the corporate guarantee must be identical
to the wording specified in 35 Ill. Adm. Code 724.251. The corporate guarantee
must accompany the items sent to the Agency as specified in subsection (e)(3).
One of these items must be the letter from the guarantor's chief financial
officer. If the guarantor's parent corporation is also the parent corporation
of the owner or operator, the letter must describe the value received in
consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this
letter must describe this substantial business relationship" and the value
received in consideration of the guarantee. The terms of the corporate
guarantee must provide the following:
A) That, if the owner or operator fails to perform final closure
of a facility covered by the corporate guarantee in accordance with the closure
plan and other interim status requirements whenever required to do so, the
guarantor will do so or establish a trust fund as specified in subsection (a),
in the name of the owner or operator.
B) That the corporate guarantee will remain in force unless the
guarantor sends notice of cancellation by certified mail to the owner or
operator and to the Agency. Cancellation may not occur, however, during the
120 days beginning on the date of receipt of the notice of cancellation by both
the owner or operator and the Agency, as evidenced by the return receipts.
C) That, if the owner or operator fails to provide alternate
financial assurance as specified in this Section and obtain the written
approval of such alternate assurance from the Agency within 90 days after
receipt by both the owner or operator and the Agency of a notice of
cancellation of the corporate guarantee from the guarantor, the guarantor will
provide such alternate financial assurance in the name of the owner or
operator.
f) Use of Multiple Financial Mechanisms. An owner or operator
may satisfy the requirements of this Section by establishing more than one
financial mechanism per facility. These mechanisms are limited to trust funds,
surety bonds, letters of credit, and insurance. The mechanisms must be as
specified in subsections (a) through (d), respectively, except that it is the
combination of mechanisms, rather than the single mechanism, that must provide
financial assurance for an amount at least equal to the current closure cost
estimate. If an owner or operator uses a trust fund in combination with a
surety bond or a letter of credit, the owner or operator may use the trust fund
as the standby trust fund for the other mechanisms. A single standby trust
fund may be established for two or more mechanisms. The Agency may use any or
all of the mechanisms to provide for closure of the facility.
g) Use of a Financial Mechanism for Multiple Facilities. An owner
or operator may use a financial assurance mechanism specified in this Section
to meet the requirements of this Section for more than one facility. Evidence
of financial assurance submitted to the Agency must include a list showing, for
each facility, the USEPA identification number, name, address, and the amount
of funds for closure assured by the mechanism. The amount of funds available
through the mechanism must be no less than the sum of funds that would be
available if a separate mechanism had been established and maintained for each
facility. The amount of funds available to the Agency must be sufficient to
close all of the owner or operator's facilities. In directing funds available
through the mechanism for closure of any of the facilities covered by the
mechanism, the Agency may direct only the amount of funds designated for that
facility, unless the owner or operator agrees to the use of additional funds
available under the mechanism.
h) Release of the Owner or Operator from the Requirements of This
Section. Within 60 days after receiving certifications from the owner or
operator and a qualified Professional Engineer that final closure has been
completed in accordance with the approved closure plan, the Agency must notify
the owner or operator in writing that the owner or operator is no longer
required by this Section to maintain financial assurance for closure of the
facility, unless the Agency determines that closure has not been in accordance
with the approved closure plan. The Agency must provide the owner or operator
a detailed written statement of any such determination that closure has not
been in accordance with the approved closure plan.
i) Appeal. The following Agency actions are deemed to be permit
modifications or refusals to modify for purposes of appeal to the Board (35
Ill. Adm. Code 702.184(e)(3)):
1) An increase in, or a refusal to decrease the amount of, a
bond, letter of credit, or insurance; or
2) Requiring alternate assurance upon a finding that an owner or
operator or parent corporation no longer meets a financial test.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.244 COST ESTIMATE FOR POST-CLOSURE CARE
Section 725.244 Cost
Estimate for Post-Closure Care
a) The owner or operator of a hazardous waste disposal unit must
have a detailed written estimate, in current dollars, of the annual cost of
post-closure monitoring and maintenance of the facility in accordance with the
applicable post-closure regulations in Section 725.217 through 725.220,
725.328, 725.358, 725.380, and 725.410.
1) The post-closure cost estimate must be based on the costs to
the owner or operator of hiring a third party to conduct post-closure care
activities. A third party is a party that is neither a parent nor a subsidiary
of the owner or operator. (See the definition of "parent
corporation" in Section 725.241(d).)
2) The post-closure cost estimate is calculated by multiplying
the annual post-closure cost estimate by the number of years of post-closure
care required under Section 725.217.
b) During the active life of the facility, the owner or operator must
adjust the post-closure cost estimate for inflation within 30 days after each
anniversary of the date on which the first post-closure cost estimate was
prepared. The adjustment must be made 60 days prior to the anniversary date of
the establishment of the financial instruments used to comply with Section
725.245. For an owner or operator using the financial test or corporate
guarantee, the closure cost estimate must be updated for inflation within 30
days after the close of the firm's fiscal year and before submission of updated
information to the Agency as specified in Section 725.245(e)(5). The
adjustment may be made by recalculating the post-closure cost estimate in
current dollars, or by using an inflation factor derived from the annual
Implicit Price Deflator for Gross National Product as published by the U.S.
Department of Commerce in its Survey of Current Business as specified in
subsections (b)(1) and (b)(2). The inflation factor is the result of dividing
the latest published annual Deflator by the Deflator for the previous year.
1) The first adjustment is made by multiplying the post-closure
estimate by the inflation factor. The result is the adjusted post-closure cost
estimate.
2) Subsequent adjustments are made by multiplying the latest
adjusted post-closure cost estimate by the latest inflation factor.
c) During the active life of the facility, the owner or operator must
revise the post-closure cost estimate whenever a change in the post-closure
plan no later than 30 days after a revision to the post-closure plan that
increases the cost of post-closure care. If the owner or operator has an
approved post-closure plan, the post-closure cost estimate must be revised no
later than 30 days after the Agency has approved the request to modify the plan
if the change in the post-closure plan increases the cost of post-closure
care. The revised post-closure cost estimate must be adjusted for inflation as
specified in subsection (b).
d) The owner or operator must keep the following at the facility
during the operating life of the facility: the latest post-closure cost
estimate prepared in accordance with subsections (a) and (c) and, when this
estimate has been adjusted in accordance with subsection (b), the latest
adjusted post-closure cost estimate.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.245 FINANCIAL ASSURANCE FOR POST-CLOSURE MONITORING AND MAINTENANCE
Section 725.245 Financial
Assurance for Post-Closure Monitoring and Maintenance
An owner or operator of a
facility with a hazardous waste disposal unit must establish financial
assurance for post-closure care of the disposal units. The owner or operator must
choose from the following options:
a) Post-Closure Trust Fund
1) An owner or operator may satisfy the requirements of this
Section by establishing a post-closure trust fund that conforms to the
requirements of this subsection and submitting an original, signed duplicate of
the trust agreement to the Agency. The trustee must be an entity that has the
authority to act as a trustee and whose trust operations are regulated and
examined by a federal or State agency.
2) The wording of the trust agreement must be as specified in 35
Ill. Adm. Code 724.251 and the trust agreement must be accompanied by a formal
certification of acknowledgment (as specified in 35 Ill. Adm. Code 724.251).
Schedule A of the trust agreement must be updated within 60 days after a change
in the amount of the current post-closure cost estimate covered by the
agreement.
3) Payments into the trust fund must be made annually by the owner
or operator over the remaining operating life of the facility as estimated in
the closure plan; this period is hereafter referred to as the "pay-in
period". The payments into the post-closure trust fund must be made as
follows:
A) The first payment must be at least equal to the current
post-closure cost estimate, except as provided in subsection (f), divided by
the number of years in the pay-in period.
B) Subsequent payments must be made no later than 30 days after
each anniversary date of the first payment. The amount of each subsequent
payment must be determined by this formula:
Where:
|
CE
|
=
|
the current closure cost
estimate
|
|
CV
|
=
|
the current value of the trust
fund
|
|
Y
|
=
|
the number of years remaining
in the pay-in period
|
4) The owner or operator may accelerate payments into the trust
fund or may deposit the full amount of the current post-closure cost estimate
at the time the fund is established. However, the owner or operator must
maintain the value of the fund at no less than the value that the fund would
have if annual payments were made as specified in subsection (a)(3).
5) If the owner or operator establishes a post-closure trust fund
after having used one or more alternate mechanisms specified in this Section,
the owner or operator's first payment must be in at least the amount that the
fund would contain if the trust fund were established initially and annual
payments made as specified in subsection (a)(3).
6) After the pay-in period is completed, whenever the current
post-closure cost estimate changes during the operating life of the facility,
the owner or operator must compare the new estimate with the trustee's most
recent annual valuation of the trust fund. If the value of the fund is less
than the amount of the new estimate, the owner or operator, within 60 days
after the change in the cost estimate, must either deposit an amount into the
fund so that its value after this deposit at least equals the amount of the
current post-closure cost estimate, or obtain other financial assurance as
specified in this Section to cover the difference.
7) During the operating life of the facility, if the value of the
trust fund is greater than the total amount of the current post-closure cost
estimate, the owner or operator may submit a written request to the Agency for
release of the amount in excess of the current post-closure cost estimate.
8) If an owner or operator substitutes other financial assurance
as specified in this Section for all or part of the trust fund, owner or
operator may submit a written request to the Agency for release of the amount
in excess of the current post-closure cost estimate covered by the trust fund.
9) Within 60 days after receiving a request from the owner or
operator for release of funds as specified in subsection (a)(7) or (a)(8), the
Agency must instruct the trustee to release to the owner or operator such funds
as the Agency specifies in writing.
10) During the period of post-closure care, the Agency must
approve a release of funds if the owner or operator demonstrates to the Agency
that the value of the trust fund exceeds the remaining cost of post-closure
care.
11) An owner or operator or any other person authorized to
perform post-closure care may request reimbursement for post-closure care
expenditures by submitting itemized bills to the Agency. Within 60 days after
receiving bills for post-closure activities, the Agency must instruct the
trustee to make reimbursement in those amounts as the Agency specifies in
writing if the Agency determines that the post-closure care expenditures are in
accordance with the approved post-closure plan or otherwise justified. If the
Agency does not instruct the trustee to make such reimbursements, the Agency must
provide the owner or operator with a detailed written statement of reasons.
12) The Agency must agree to termination of a trust when either
of the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
b) Surety Bond Guaranteeing Payment into a Post-Closure Trust
Fund
1) An owner or operator may satisfy the requirements of this
Section by obtaining a surety bond that conforms to the requirements of this subsection
(b) and submitting the bond to the Agency. The surety company issuing the bond
must, at a minimum, be among those listed as acceptable sureties on federal
bonds in Circular 570 of the U.S. Department of the Treasury.
BOARD NOTE: The U.S. Department of the Treasury updates Circular 570,
"Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies", on an annual basis
pursuant to 31 CFR 223.16. Circular 570 is available on the Internet from the
following website: http://www.fms.treas.gov/c570/.
2) The wording of the surety bond must be as specified in 35 Ill.
Adm. Code 724.251.
3) The owner or operator that uses a surety bond to satisfy the
requirements of this Section must also establish a standby trust fund. Under
the terms of the bond, all payments made thereunder will be deposited by the
surety directly into the standby trust fund in accordance with instructions
from the Agency. This standby trust fund must meet the requirements specified
in subsection (a), except as follows:
A) An original, signed duplicate of the trust agreement must be
submitted to the Agency with the surety bond; and
B) Until the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by these
regulations:
i) Payments into the trust fund, as specified in subsection (a);
ii) Updating of Schedule A of the trust agreement (as specified
in 35 Ill. Adm. Code 724.251) to show current post-closure cost estimates;
iii) Annual valuations, as required by the trust agreement; and
iv) Notices of nonpayment, as required by the trust agreement.
4) The bond must guarantee that the owner or operator will
perform the following acts:
A) Fund the standby trust fund in an amount equal to the penal sum
of the bond before the beginning of final closure of the facility; or
B) Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an order to begin closure is issued by the Board or a
court of competent jurisdiction; or
C) Provide alternate financial assurance, as specified in this
Section, and obtain the Agency's written approval of the assurance provided,
within 90 days after receipt by both the owner or operator and the Agency of a
notice of cancellation of the bond from the surety.
5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as guaranteed
by the bond.
6) The penal sum of the bond must be in an amount at least equal
to the current post-closure cost estimate, except as provided in subsection
(f).
7) Whenever the current post-closure cost estimate increases to
an amount greater than the penal sum, the owner or operator, within 60 days
after the increase, must either cause the penal sum to be increased to an
amount at least equal to the current post-closure cost estimate and submit
evidence of such increase to the Agency or obtain other financial assurance as
specified in this Section to cover the increase. Whenever the current
post-closure cost estimate decreases, the penal sum may be reduced to the
amount of the current post-closure cost estimate following written approval by
the Agency.
8) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or operator and
to the Agency. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the
owner or operator and the Agency, as evidenced by the return receipts.
9) The owner or operator may cancel the bond if the Agency has
given prior written consent based on its receipt of evidence of alternate
financial assurance as specified in this Section.
c) Post-Closure Letter of Credit
1) An owner or operator may satisfy the requirements of this
Section by obtaining an irrevocable standby letter of credit that conforms to
the requirements of this subsection (c) and submitting the letter to the
Agency. The issuing institution must be an entity that has the authority to
issue letters of credit and whose letter-of-credit operations are regulated and
examined by a federal or State agency.
2) The wording of the letter of credit must be as specified in 35
Ill. Adm. Code 724.251.
3) An owner or operator that uses a letter of credit to satisfy
the requirements of this Section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a draft
by the Agency must be deposited by the issuing institution directly into the
standby trust fund in accordance with instructions from the Agency. This
standby trust fund must meet the requirements of the trust fund specified in
subsection (a), except as follows:
A) An original, signed duplicate of the trust agreement must be
submitted to the Agency with the letter of credit; and
B) Unless the standby trust fund is funded pursuant to the
requirements of this Section, the following are not required by these
regulations:
i) Payments into the trust fund, as specified in subsection (a);
ii) Updating of Schedule A of the trust agreement (as specified
in 35 Ill. Adm. Code 724.151) to show current post-closure cost estimates;
iii) Annual valuations, as required by the trust agreement; and
iv) Notices of nonpayment, as required by the trust agreement.
4) The letter of credit must be accompanied by a letter from the
owner or operator referring to the letter of credit by number, issuing
institution, and date and providing the following information: the USEPA
identification number, name, and address of the facility, and the amount of funds
assured for post-closure care of the facility by the letter of credit.
5) The letter of credit must be irrevocable and issued for a
period of at least one year. The letter of credit must provide that the
expiration date will be automatically extended for a period of at least one
year unless, at least 120 days before the current expiration date, the issuing
institution notifies both the owner or operator and the Agency by certified
mail of a decision not to extend the expiration date. Under the terms of the
letter of credit, the 120 days will begin on the date when both the owner or
operator and the Agency have received the notice, as evidenced by the return
receipts.
6) The letter of credit must be issued in an amount at least
equal to the current post-closure cost estimate, except as provided in
subsection (f).
7) Whenever the current post-closure cost estimate increases to
an amount greater than the amount of the credit during the operating life of
the facility, the owner or operator, within 60 days after the increase, must
either cause the amount of the credit to be increased so that it at least
equals the current post-closure cost estimate and submit evidence of such
increase to the Agency, or obtain other financial assurance, as specified in this
Section, to cover the increase. Whenever the current cost estimate decreases
during the operating life of the facility, the amount of the credit may be
reduced to the amount of the current post-closure cost estimate following
written approval by the Agency.
8) During the period of post-closure care, the Agency must
approve a decrease in the amount of the letter of credit if the owner or
operator demonstrates to the Agency that the amount exceeds the remaining cost
of post-closure care.
9) Following a final judicial determination or Board order
finding that the owner or operator has failed to perform post-closure care in
accordance with the approved post-closure plan and other interim status
requirements, the Agency may draw on the letter of credit.
10) If the owner or operator does not establish alternate
financial assurance, as specified in this Section, and obtain written approval
of such alternate assurance from the Agency within 90 days after receipt by
both the owner or operator and the Agency of a notice from the issuing
institution that it has decided not to extend the letter of credit beyond the
current expiration date, the Agency must draw on the letter of credit. The
Agency may delay the drawing if the issuing institution grants an extension of
the term of the credit. During the last 30 days after any such extension the
Agency must draw on the letter of credit if the owner or operator has failed to
provide alternate financial assurance, as specified in this Section, and obtain
written approval of such assurance from the Agency.
11) The Agency must return the letter of credit to the issuing
institution for termination when either of the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
d) Post-Closure Insurance
1) An owner or operator may satisfy the requirements of this
Section by obtaining post-closure insurance that conforms to the requirements
of this subsection and submitting a certificate of such insurance to the
Agency. At a minimum, the insurer must be licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more states.
2) The wording of the certificate of insurance must be as
specified in 35 Ill. Adm. Code 724.251.
3) The post-closure insurance policy must be issued for a face
amount at least equal to the current post-closure estimate, except as provided
in subsection (f). The term "face amount" means the total amount the
insurer is obligated to pay under the policy. Actual payments by the insurer
will not change the face amount, although the insurer's future liability will
be lowered by the amount of the payments.
4) The post-closure insurance policy must guarantee that funds
will be available to provide post-closure care of facility whenever the
post-closure period begins. The policy must also guarantee that, once
post-closure care begins, the insurer will be responsible for paying out funds,
up to an amount equal to the face amount of the policy, upon the direction of
the Agency, to such party or parties as the Agency specifies.
5) An owner or operator or any other person authorized to perform
post-closure care may request reimbursement for post-closure care expenditures
by submitting itemized bills to the Agency. Within 60 days after receiving
bills for post-closure activities, the Agency must instruct the insurer to make
reimbursement in such amounts as the Agency specifies in writing, if the Agency
determines that the post-closure care expenditures are in accordance with the
approved post-closure plan or otherwise justified. If the Agency does not
instruct the insurer to make such reimbursements, the Agency must provide the
owner or operator with a detailed written statement of reasons.
6) The owner or operator must maintain the policy in full force
and effect until the Agency consents to termination of the policy by the owner
or operator, as specified in subsection (d)(11). Failure to pay the premium,
without substitution of alternate financial assurance, as specified in this
Section, will constitute a significant violation of these regulations,
warranting such remedy as the Board may impose pursuant to the Environmental
Protection Act. Such violation will be deemed to begin upon receipt by the
Agency of a notice of future cancellation, termination, or failure to renew due
to nonpayment of the premium, rather than upon the date of expiration.
7) Each policy must contain a provision allowing assignment of
the policy to a successor owner or operator. Such assignment may be
conditional upon consent of the insurer, provided such consent is not
unreasonably refused.
8) The policy must provide that the insurer may not cancel,
terminate, or fail to renew the policy except for failure to pay the premium.
The automatic renewal of the policy must, at a minimum, provide the insured with
the option of renewal at the face amount of the expiring policy. If there is a
failure to pay the premium, the insurer may elect to cancel, terminate, or fail
to renew the policy by sending notice by certified mail to the owner or
operator and the Agency. Cancellation, termination, or failure to renew may
not occur, however, during the 120 days beginning with the date of receipt of
the notice by both the Agency and the owner or operator, as evidenced by the
return receipts. Cancellation, termination, or failure to renew may not occur,
and the policy will remain in full force and effect in the event that, on or
before the date of expiration, one of the following occurs:
A) The Agency deems the facility abandoned;
B) Interim status is terminated or revoked;
C) Closure is ordered by the Board or a court of competent
jurisdiction;
D) The owner or operator is named as debtor in a voluntary or
involuntary proceeding under 11 USC (Bankruptcy); or
E) The premium due is paid.
9) Whenever the current post-closure cost estimate increases to
an amount greater than the face amount of the policy during the operating life
of the facility, the owner or operator, within 60 days after the increase, must
either cause the face amount to be increased to an amount at least equal to the
current post-closure cost estimate and submit evidence of such increase to the
Agency, or obtain other financial assurance, as specified in this Section, to
cover the increase. Whenever the current post-closure cost estimate decreases
during the operating life of the facility, the face amount may be reduced to the
amount of the current post-closure cost estimate following written approval by
the Agency.
10) Commencing on the date that liability to make payments
pursuant to the policy accrues, the insurer must thereafter annually increase
the face amount of the policy. Such increase must be equivalent to the face
amount of the policy, less any payments made, multiplied by an amount
equivalent to 85 percent of the most recent investment rate or of the
equivalent coupon-issue yield announced by the U.S. Treasury for 26-week
Treasury securities.
11) The Agency must give written consent to the owner or operator
that the owner or operator may terminate the insurance policy when either of
the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
e) Financial Test and Corporate Guarantee for Post-Closure Care
1) An owner or operator may satisfy the requirements of this
Section by demonstrating that the owner or operator passes a financial test, as
specified in this subsection (e). To pass this test the owner or operator must
meet the criteria of either subsection (e)(1)(A) or (e)(1)(B):
A) The owner or operator must have each of the following:
i) Two of the following three ratios: a ratio of total
liabilities to net worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion and amortization to total liabilities greater than 0.1;
and a ratio of current assets to current liabilities greater than 1.5;
ii) Net working capital and tangible net worth each at least six
times the sum of the current closure and post-closure cost estimates and the
current plugging and abandonment cost estimates;
iii) Tangible new worth of at least $10 million; and
iv) Assets in the United States amounting to at least 90 percent
of total assets or at least six times the sum of the current closure and
post-closure cost estimates and the plugging and abandonment cost estimates.
B) The owner or operator must have each of the following:
i) A current rating for its most recent bond issuance of AAA,
AA, A, or BBB, as issued by Standard and Poor's, or Aaa, Aa, A, or Baa, as
issued by Moody's;
ii) Tangible net worth at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates;
iii) Tangible net worth of at least $10 million; and
iv) Assets located in the United States amounting to at least 90
percent of its total assets or at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates.
2) The phrase "current closure and post-closure cost estimates",
as used in subsection (e)(1), refers to the cost estimates required to be shown
in subsections 1 through 4 of the letter from the owner's or operator's chief
financial officer (see 35 Ill. Adm. Code 724.251). The phrases "current
plugging and abandonment cost estimates", as used in subsection (e)(1),
refers to the cost estimates required to be shown in subsections 1 through 4 of
the letter from the owner's or operator's chief financial officer (see 35 Ill.
Adm. Code 704.240).
3) To demonstrate that it meets this test, the owner or operator must
submit each of the following items to the Agency:
A) A letter signed by the owner's or operator's chief financial
officer and worded as specified in 35 Ill. Adm. Code 724.251;
B) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the latest
completed fiscal year; and
C) A special report from the owner's or operator's independent
certified public accountant to the owner or operator stating both of the
following:
i) That the accountant has compared the data that the letter
from the chief financial officer specifies as having been derived from the
independently audited, year-end financial statements for the latest fiscal year
with the amounts in such financial statements; and
ii) In connection with that procedure, that no matters came to
the accountant's attention that caused the accountant to believe that the
specified data should be adjusted.
4) This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4),
a federal provision relating to an extension of the time to file the proofs of
financial assurance required by this subsection (e) granted by USEPA. This
statement maintains structural consistency with the corresponding federal
regulations.
5) After the initial submission of items specified in subsection
(e)(3), the owner or operator must send updated information to the Agency
within 90 days after the close of each succeeding fiscal year. This information
must consist of all three items specified in subsection (e)(3).
6) If the owner or operator no longer meets the requirements of
subsection (e)(1), the owner or operator must send notice to the Agency of
intent to establish alternate financial assurance, as specified in this
Section. The notice must be sent by certified mail within 90 days after the
end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
7) The Agency may, based on a reasonable belief that the owner or
operator may no longer meet the requirements of subsection (e)(1), require
reports of financial condition at any time from the owner or operator in
addition to those specified in subsection (e)(3). If the Agency finds, on the
basis of such reports or other information, that the owner or operator no
longer meets the requirements of subsection (e)(1), the owner or operator must
provide alternate financial assurance, as specified in this Section, within 30
days after notification of such a finding.
8) The Agency may disallow use of this test on the basis of
qualifications in the opinion expressed by the independent certified public
accountant in the accountant's report on examination of the owner's or
operator's financial statements (see subsection (e)(3)(B)). An adverse opinion
or a disclaimer of opinion will be cause for disallowance. The Agency must
evaluate other qualifications on an individual basis. The owner or operator must
provide alternate financial assurance, as specified in this Section, within 30
days after notification of the disallowance.
9) During the period of post-closure care, the Agency must
approve a decrease in the current post-closure cost estimate for which this
test demonstrates financial assurance if the owner or operator demonstrates to
the Agency that the amount of the cost estimate exceeds the remaining cost of
post-closure care.
10) The owner or operator is no longer required to submit the
items specified in subsection (e)(3) when either of the following occurs:
A) An owner or operator substitutes alternate financial assurance,
as specified in this Section; or
B) The Agency releases the owner or operator from the requirements
of this Section in accordance with subsection (h).
11) An owner or operator may meet the requirements of this
Section by obtaining a written guarantee, hereafter referred to as
"corporate guarantee". The guarantor must be the direct or
higher-tier parent corporation of the owner or operator, a firm whose parent
corporation is also the parent corporation of the owner or operator, or a firm
with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in
subsections (e)(1) through (e)(9), and must comply with the terms of the
corporate guarantee. The wording of the corporate guarantee must be identical
to the wording specified in 35 Ill. Adm. Code 724.251. The corporate guarantee
must accompany the items sent to the Agency as specified in subsection (e)(3).
One of these items must be the letter from the guarantor's chief financial
officer. If the guarantor's parent corporation is also the parent corporation
of the owner or operator, the letter must describe the value received in
consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this
letter must describe this substantial business relationship" and the value
received in consideration of the guarantee. The terms of the corporate
guarantee must provide as follows:
A) That, if the owner or operator fails to perform post-closure
care of a facility covered by the corporate guarantee in accordance with the
post-closure plan and other interim status requirements whenever required to do
so, the guarantor will do so or establish a trust fund as specified in
subsection (a), in the name of the owner or operator.
B) That the corporate guarantee will remain in force unless the
guarantor sends notice of cancellation by certified mail to the owner or
operator and to the Agency. Cancellation may not occur, however, during the
120 days beginning on the date of receipt of the notice of cancellation by both
the owner or operator and the Agency, as evidenced by the return receipts.
C) That, if the owner or operator fails to provide alternate
financial assurance, as specified in this Section, and obtain the written
approval of such alternate assurance from the Agency within 90 days after
receipt by both the owner or operator and the Agency of a notice of
cancellation of the corporate guarantee from the guarantor, the guarantor will
provide such alternate financial assurance in the name of the owner or
operator.
f) Use of Multiple Financial Mechanisms. An owner or operator
may satisfy the requirements of this Section by establishing more than one
financial mechanism per facility. These mechanisms are limited to trust funds,
surety bonds, letters of credit, and insurance. The mechanisms must be as
specified in subsections (a) through (d), respectively, except that it is the
combination of mechanisms, rather than the single mechanism, that must provide
financial assurance for an amount at least equal to the current post-closure
cost estimate. If an owner or operator uses a trust fund in combination with a
surety bond or a letter of credit, it may use the trust fund as the standby
trust fund for the other mechanisms. A single standby trust fund may be
established for two or more mechanisms. The Agency may use any or all of the
mechanisms to provide for post-closure care of the facility.
g) Use of a Financial Mechanism for Multiple Facilities. An owner
or operator may use a financial assurance mechanism specified in this Section
to meet the requirements of this Section for more than one facility. Evidence
of financial assurance submitted to the Agency must include a list showing, for
each facility, the USEPA Identification Number, name, address, and the amount
of funds for post-closure care assured by the mechanism. The amount of funds
available through the mechanism must be no less than the sum of funds that would
be available if a separate mechanism had been established and maintained for
each facility. The amount of funds available to the Agency must be sufficient
to provide post-closure care for all of the owner or operator's facilities. In
directing funds available through the mechanism for post-closure care of any of
the facilities covered by the mechanism, the Agency may direct only the amount
of funds designated for that facility, unless the owner or operator agrees to
the use of additional funds available under the mechanism.
h) Release of the Owner or Operator from the Requirements of This
Section. Within 60 days after receiving certifications from the owner or
operator and a qualified Professional Engineer that the post-closure care
period has been completed in accordance with the approved post-closure plan,
the Agency must notify the owner or operator in writing that the owner or
operator is no longer required by this Section to maintain financial assurance
for post-closure care of that unit, unless the Agency determines that
post-closure care has not been in accordance with the approved plan. The
Agency must provide the owner or operator a detailed written statement of any
such determination that post-closure care has not been in accordance with the
approved post-closure plan.
i) Appeal. The following Agency actions are deemed to be permit
modifications or refusals to modify for purposes of appeal to the Board (35
Ill. Adm. Code 702.184(e)(3)):
1) An increase in, or a refusal to decrease the amount of, a
bond, letter of credit, or insurance; or
2) Requiring alternate assurance upon a finding that an owner or
operator or parent corporation no longer meets a financial test.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.246 USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF BOTH CLOSURE AND POST-CLOSURE CARE
Section 725.246 Use of a Mechanism for Financial
Assurance of Both Closure and Post-Closure Care
An owner or operator may satisfy the requirements for
financial assurance for both closure and post-closure care for one or more
facilities by using a trust fund, surety bond, letter of credit, insurance,
financial test, or corporate guarantee that meets the specifications for the
mechanism in both Sections 725.243 and 725.245. The amount of funds available
through the mechanism must be no less than the sum of funds that would be
available if a separate mechanism had been established and maintained for
financial assurance of closure and of post-closure care.
(Source: Amended at 29 Ill. Reg. 6389,
effective April 22, 2005)
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.247 LIABILITY REQUIREMENTS
Section 725.247 Liability
Requirements
a) Coverage for Sudden Accidental Occurrences. An owner or
operator of a hazardous waste treatment, storage, or disposal facility, or a
group of such facilities, must demonstrate financial responsibility for bodily
injury and property damage to third parties caused by sudden accidental
occurrences arising from operations of the facility or group of facilities. The
owner or operator must have and maintain liability coverage for sudden
accidental occurrences in the amount of at least $1 million per occurrence with
an annual aggregate of at least $2 million, exclusive of legal defense costs.
This liability coverage may be demonstrated, as specified in subsections (a)(1)
through (a)(6):
1) An owner or operator may demonstrate the required liability
coverage by having liability insurance, as specified in this subsection (a)(1).
A) Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of
Liability Insurance. The wording of the endorsement and of the certificate of
insurance must be as specified in 35 Ill. Adm. Code 724.251. The owner or
operator must submit a signed duplicate original of the endorsement or the
certificate of insurance to the Agency. If requested by the Agency, the owner
or operator must provide a signed duplicate original of the insurance policy.
B) Each insurance policy must be issued by an insurer that is
licensed by the Illinois Department of Financial and Professional Regulation, Division
of Insurance.
2) An owner or operator may meet the requirements of this Section
by passing a financial test or using the guarantee for liability coverage, as
specified in subsections (f) and (g).
3) An owner or operator may meet the requirements of this Section
by obtaining a letter of credit for liability coverage, as specified in
subsection (h).
4) An owner or operator may meet the requirements of this Section
by obtaining a surety bond for liability coverage, as specified in subsection
(i).
5) An owner or operator may meet the requirements of this Section
by obtaining a trust fund for liability coverage, as specified in subsection
(j).
6) An owner or operator may demonstrate the required liability
coverage through the use of combinations of insurance, financial test,
guarantee, letter of credit, surety bond, and trust fund, except that the owner
or operator may not combine a financial test covering part of the liability
coverage requirement with a guarantee unless the financial statement of the
owner or operator is not consolidated with the financial statement of the
guarantor. The amounts of coverage demonstrated must total at least the
minimum amounts required by this Section. If the owner or operator demonstrates
the required coverage through the use of a combination of financial assurances pursuant
to this subsection (a)(6), the owner or operator must specify at least one such
assurance as "primary" coverage, and must specify other such
assurance as "excess" coverage.
7) An owner or operator must notify the Agency within 30 days
whenever one of the following occurs:
A) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument authorized
in subsections (a)(1) through (a)(6);
B) A Certification of Valid Claim for bodily injury or property
damages caused by sudden or non-sudden accidental occurrence arising from the
operation of a hazardous waste treatment, storage, or disposal facility is
entered between the owner or operator and third-party claimant for liability
coverage pursuant to subsections (a)(1) through (a)(6); or
C) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental occurrence
arising from the operation of a hazardous waste treatment, storage, or disposal
facility is issued against the owner or operator or an instrument that is
providing financial assurance for liability coverage pursuant to subsections
(a)(1) through (a)(6).
b) Coverage for Nonsudden Accidental Occurrences. An owner or
operator of a surface impoundment, landfill, or land treatment facility that is
used to manage hazardous waste, or a group of such facilities, must demonstrate
financial responsibility for bodily injury and property damage to third parties
caused by nonsudden accidental occurrences arising from operations of the
facility or group of facilities. The owner or operator must have and maintain
liability coverage for nonsudden accidental occurrences in the amount of at
least $3 million per occurrence with an annual aggregate of at least $6
million, exclusive of legal defense costs. An owner or operator meeting the
requirements of this Section may combine the required per-occurrence coverage
levels for sudden and nonsudden accidental occurrences into a single
per-occurrence level, and combine the required annual aggregate coverage levels
for sudden and nonsudden accidental occurrences into a single annual aggregate
level. An owner or operator that combines coverage levels for sudden and
nonsudden accidental occurrences must maintain liability coverage in the amount
of at least $4 million per occurrence and $8 million annual aggregate. This
liability coverage may be demonstrated, as specified in subsections (b)(1)
through (b)(6):
1) An owner or operator may demonstrate the required liability
coverage by having liability insurance, as specified in this subsection (b)(1).
A) Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of
Liability Insurance. The wording of the endorsement must be as specified in 35
Ill. Adm. Code 724.251. The wording of the certificate of insurance must be as
specified in 35 Ill. Adm. Code 724.251. The owner or operator must submit a
signed duplicate original of the endorsement or the certificate of insurance to
the Agency. If requested by the Agency, the owner or operator must provide a
signed duplicate original of the insurance policy.
B) Each insurance policy must be issued by an insurer that is
licensed by the Illinois Department of Financial and Professional Regulation, Division
of Insurance.
2) An owner or operator may meet the requirements of this Section
by passing a financial test or using the guarantee for liability coverage, as
specified in subsections (f) and (g).
3) An owner or operator may meet the requirements of this Section
by obtaining a letter of credit for liability coverage, as specified in
subsection (h).
4) An owner or operator may meet the requirements of this Section
by obtaining a surety bond for liability coverage, as specified in subsection
(i).
5) An owner or operator may meet the requirements of this Section
by obtaining a trust fund for liability coverage, as specified in subsection
(j).
6) An owner or operator may demonstrate the required liability coverage
through the use of combinations of insurance, financial test, guarantee, letter
of credit, surety bond, and trust fund, except that the owner or operator may
not combine a financial test covering part of the liability coverage
requirement with a guarantee unless the financial statement of the owner or
operator is not consolidated with the financial statement of the guarantor.
The amounts of coverage demonstrated must total at least the minimum amounts
required by this Section. If the owner or operator demonstrates the required
coverage through the use of a combination of financial assurances pursuant to
this subsection (b)(6), the owner or operator must specify at least one such
assurance as "primary" coverage, and must specify other such assurance
as "excess" coverage.
7) An owner or operator must notify the Agency within 30 days
whenever one of the following occurs:
A) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument authorized
in subsections (b)(1) through (b)(6);
B) A Certification of Valid Claim for bodily injury or property
damages caused by sudden or non-sudden accidental occurrence arising from the
operation of a hazardous waste treatment, storage, or disposal facility is
entered between the owner or operator and third-party claimant for liability
coverage pursuant to subsections (b)(1) through (b)(6); or
C) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental occurrence arising
from the operation of a hazardous waste treatment, storage, or disposal
facility is issued against the owner or operator or an instrument that is
providing financial assurance for liability coverage pursuant to subsections
(b)(1) through (b)(6).
c) Request for Adjusted Level of Required Liability Coverage. If
an owner or operator demonstrates to the Agency that the levels of financial
responsibility required by subsection (a) or (b) are not consistent with the degree
and duration of risk associated with treatment, storage, or disposal at the
facility or group of facilities, the owner or operator may obtain an adjusted
level of required liability coverage from the Agency. The request for an
adjusted level of required liability coverage must be submitted in writing to
the Agency. If granted, the Agency's action must take the form of an adjusted
level of required liability coverage, such level to be based on the Agency
assessment of the degree and duration of risk associated with the ownership or
operation of the facility or group of facilities. The Agency may require an
owner or operator that requests an adjusted level of required liability
coverage to provide such technical and engineering information as is necessary
to determine a level of financial responsibility other than that required by
subsection (a) or (b). The Agency must process any request for an adjusted
level of required liability coverage as if it were a permit modification
request pursuant to 35 Ill. Adm. Code 703.271(e)(3) and 705.128.
Notwithstanding any other provision, the Agency must hold a public hearing
whenever it finds, on the basis of requests, a significant degree of public
interest in a tentative decision to grant an adjusted level of required
liability insurance. The Agency may also hold a public hearing at its
discretion whenever such a hearing might clarify one or more issues involved in
the tentative decision.
d) Adjustments by the Agency. If the Agency determines that the
levels of financial responsibility required by subsection (a) or (b) are not
consistent with the degree and duration of risk associated with treatment,
storage, or disposal at the facility or group of facilities, the Agency must
adjust the level of financial responsibility required pursuant to subsection
(a) or (b) as may be necessary to adequately protect human health and the
environment. This adjusted level must be based on the Agency's assessment of
the degree and duration of risk associated with the ownership or operation of
the facility or group of facilities. In addition, if the Agency determines
that there is a significant risk to human health and the environment from non-sudden
accidental occurrences resulting from the operations of a facility that is not
a surface impoundment, landfill or land treatment facility, the Agency may
require that an owner or operator of the facility comply with subsection (b).
An owner or operator must furnish to the Agency, within a time specified by the
Agency in the request, which must not be less than 30 days, any information that
the Agency requests to determine whether cause exists for such adjustments of
level or type of coverage. The Agency must process any request for an adjusted
level of required liability coverage as if it were a permit modification
request pursuant to 35 Ill. Adm. Code 703.271(e)(3) and 705.128.
Notwithstanding any other provision, the Agency must hold a public hearing
whenever it finds, on the basis of requests, a significant degree of public
interest in a tentative decision to grant an adjusted level of required
liability insurance. The Agency may also hold a public hearing at its
discretion whenever such a hearing might clarify one or more issues involved in
the tentative decision.
e) Period of Coverage. Within 60 days after receiving
certifications from the owner or operator and a qualified Professional Engineer
that final closure has been completed in accordance with the approved closure
plan, the Agency must notify the owner or operator in writing that the owner or
operator is no longer required by this Section to maintain liability coverage
for that facility, unless the Agency determines that closure has not been in
accordance with the approved closure plan.
f) Financial Test for Liability Coverage
1) An owner or operator may satisfy the requirements of this
Section by demonstrating that the owner or operator passes a financial test, as
specified in this subsection (f)(1). To pass this test the owner or operator must
meet the criteria of subsection (f)(1)(A) or (f)(1)(B):
A) The owner or operator must have each of the following:
i) Net working capital and tangible net worth each at least six
times the amount of liability coverage to be demonstrated by this test;
ii) Tangible net worth of at least $10 million; and
iii) Assets in the United States amounting to either: at least 90
percent of total assets; or at least six times the amount of liability coverage
to be demonstrated by this test.
B) The owner or operator must have each of the following:
i) A current rating for the owner or operator's most recent bond
issuance of AAA, AA, A, or BBB, as issued by Standard and Poor's, or Aaa, Aa, A,
or Baa, as issued by Moody's;
ii) Tangible net worth of at least $10 million;
iii) Tangible net worth at least six times the amount of liability
coverage to be demonstrated by this test; and
iv) Assets in the United States amounting to either of the
following: at least 90 percent of total assets or at least six times the
amount of liability coverage to be demonstrated by this test.
2) The phrase "amount of liability coverage", as used
in subsection (f)(1), refers to the annual aggregate amounts for which coverage
is required pursuant to subsections (a) and (b).
3) To demonstrate that the owner or operator meets this test, the
owner or operator must submit each of the following three items to the Agency:
A) A letter signed by the owner's or operator's chief financial
officer and worded as specified in 35 Ill. Adm. Code 724.251. If an owner or
operator is using the financial test to demonstrate both assurance for closure
or post-closure care, as specified by 35 Ill. Adm. Code 724.243(f) and
724.245(f), or by Sections 725.243(e) and 725.245(e), and liability coverage,
it must submit the letter specified in 35 Ill. Adm. Code 724.251 to cover both
forms of financial responsibility; a separate letter, as specified in 35 Ill.
Adm. Code 724.251 is not required.
B) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the latest
completed fiscal year.
C) A special report from the owner's or operator's independent
certified public accountant to the owner or operator stating as follows:
i) That the accountant has compared the data that the letter
from the chief financial officer specifies as having been derived from the
independently audited, year-end financial statements for the latest fiscal year
with the amounts in such financial statements; and
ii) In connection with that procedure, that no matters came to
the accountant's attention that caused the accountant to believe that the specified
data should be adjusted.
5) After the initial submission of items specified in subsection
(f)(3), the owner or operator must send updated information to the Agency
within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in subsection (f)(3).
6) If the owner or operator no longer meets the requirements of
subsection (f)(1), the owner or operator must obtain insurance, a letter of
credit, a surety bond, a trust fund, or a guarantee for the entire amount of
required liability coverage, as specified in this Section. Evidence of
insurance must be submitted to the Agency within 90 days after the end of the
fiscal year for which the year-end financial data show that the owner or
operator no longer meets the test requirements.
7) The Agency may disallow use of this test on the basis of
qualifications in the opinion expressed by the independent certified public
accountant in the accountant's report on examination of the owner's or operator's
financial statements (see subsection (f)(3)(B)). An adverse opinion or a
disclaimer of opinion is cause for disallowance. The Agency must evaluate
other qualifications on an individual basis. The owner or operator must
provide evidence of insurance for the entire amount of required liability
coverage, as specified in this Section, within 30 days after notification of
disallowance.
g) Guarantee for Liability Coverage
1) Subject to subsection (g)(2), an owner or operator may meet
the requirements of this Section by obtaining a written guarantee, referred to
as a "guarantee". The guarantor must be the direct or higher-tier
parent corporation of the owner or operator, a firm whose parent corporation is
also the parent corporation of the owner or operator, or a firm with a
"substantial business relationship" with the owner or operator. The
guarantor must meet the requirements for owners and operators in subsections
(f)(1) through (f)(6). The wording of the guarantee must be as specified in 35
Ill. Adm. Code 724.251. A certified copy of the guarantee must accompany the
items sent to the Agency as specified in subsection (f)(3). One of these items
must be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or
operator, this letter must describe the value received in consideration of the
guarantee. If the guarantor is a firm with a "substantial business
relationship" with the owner or operator, this letter must describe this
"substantial business relationship" and the value received in
consideration of the guarantee. The terms of the guarantee must provide as
follows:
A) If the owner or operator fails to satisfy a judgment based on a
determination of liability for bodily injury or property damage to third
parties caused by sudden or nonsudden accidental occurrences (or both as the
case may be), arising from the operation of facilities covered by this
guarantee, or fails to pay an amount agreed to in settlement of claims arising
from or alleged to arise from such injury or damage, the guarantor will do so
up to the limits of coverage.
B) The guarantee remains in force unless the guarantor sends
notice of cancellation by certified mail to the owner or operator and to the
Agency. The guarantee must not be terminated unless and until the Agency
approves alternate liability coverage complying with Section 725.247 or 35 Ill.
Adm. Code 724.247.
2) The guarantor must execute the guarantee in Illinois. The
guarantee must be accompanied by a letter signed by the guarantor that states as
follows:
A) The guarantee was signed in Illinois by an authorized agent of
the guarantor;
B) The guarantee is governed by Illinois law; and
C) The name and address of the guarantor's registered agent for
service of process.
3) The guarantor must have a registered agent pursuant to Section
5.05 of the Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section
105.05 of the General Not-for-Profit Corporation Act of 1986 [805 ILCS
105/105.05].
h) Letter of Credit for Liability Coverage
1) An owner or operator may satisfy the requirements of this
Section by obtaining an irrevocable standby letter of credit that conforms to
the requirements of this subsection, and submitting a copy of the letter of
credit to the Agency.
2) The financial institution issuing the letter of credit must be
an entity that has the authority to issue letters of credit and whose letter of
credit operations are regulated and examined by the Illinois Commissioner of
Banks and Trust Companies.
3) The wording of the letter of credit must be as specified in 35
Ill. Adm. Code 724.251.
4) An owner or operator that uses a letter of credit to satisfy
the requirements of this Section may also establish a trust fund. Under the
terms of such a letter of credit, all amounts paid pursuant to a draft by the
trustee of the standby trust will be deposited by the issuing institution into
the standby trust in accordance with instructions from the trustee. The
trustee of the standby trust fund must be an entity that has the authority to
act as a trustee and whose trust operations are regulated and examined by the
Illinois Commissioner of Banks and Trust Companies, or that complies with the
Corporate Fiduciary Act [205 ILCS 620].
5) The wording of the standby trust fund must be identical to the
wording specified in 35 Ill. Adm. Code 724.251(n).
i) Surety Bond for Liability Coverage
1) An owner or operator may satisfy the requirements of this
Section by obtaining a surety bond that conforms to the requirements of this
subsection (i) and submitting a copy of the bond to the Agency.
2) The surety company issuing the bond must be licensed by the
Illinois Department of Financial and Professional Regulation, Division of Insurance.
3) The wording of the surety bond must be as specified in 35 Ill.
Adm. Code 724.251.
j) Trust Fund for Liability Coverage
1) An owner or operator may satisfy the requirements of this
Section by establishing a trust fund that conforms to the requirements of this
subsection and submitting a signed, duplicate original of the trust agreement
to the Agency.
2) The trustee must be an entity that has the authority to act as
a trustee and whose trust operations are regulated and examined by the Illinois
Commissioner of Banks and Trust Companies, or that complies with the Corporate
Fiduciary Act [205 ILCS 620].
3) The trust fund for liability coverage must be funded for the
full amount of the liability coverage to be provided by the trust fund before
it may be relied upon to satisfy the requirements of this Section. If at any
time after the trust fund is created the amount of funds in the trust fund is
reduced below the full amount of liability coverage to be provided, the owner
or operator, by the anniversary of the date of establishment of the fund, must
either add sufficient funds to the trust fund to cause its value to equal the
full amount of liability coverage to be provided, or obtain other financial
assurance, as specified in this Section, to cover the difference. For purposes
of this subsection, "the full amount of the liability coverage to be
provided" means the amount of coverage for sudden and nonsudden accidental
occurrences required to be provided by the owner or operator by this Section,
less the amount of financial assurance for liability coverage that is being
provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
4) The wording of the trust fund must be as specified in 35 Ill.
Adm. Code 724.251.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.248 INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR FINANCIAL INSTITUTIONS
Section 725.248 Incapacity
of Owners or Operators, Guarantors, or Financial Institutions
a) An owner or operator must notify the Agency by certified mail
of the commencement of a voluntary or involuntary proceeding under 11 USC
(Bankruptcy) naming the owner or operator as debtor, within 10 days after
commencement of the proceeding. A guarantor of a corporate guarantee as
specified in Sections 725.243(e) and 725.245(e) must make such a notification
if the guarantor is named as a debtor, as required under the terms of the
corporate guarantee (see 35 Ill. Adm. Code 724.251).
b) An owner or operator that fulfills the requirements of
Sections 725.243, 725.245 or 725.247 by obtaining a trust fund, surety bond,
letter of credit, or insurance policy will be deemed to be without the required
financial assurance or liability coverage in the event of bankruptcy of the
trustee or issuing institution, or a suspension or revocation of the authority
of the trustee institution to act as trustee or of the institution issuing the
surety bond, letter of credit, or insurance policy to issue such instruments.
The owner or operator must establish other financial assurance or liability
coverage within 60 days after such an event.
(Source: Amended at 30 Ill.
Reg. 3460, effective February 23, 2006)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.251 PROMULGATION OF FORMS (REPEALED)
Section 725.251 Promulgation
of Forms (Repealed)
(Source: Repealed at 11 Ill. Reg. 6044, effective March 24, 1987)
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.270 APPLICABILITY
Section 725.270
Applicability
The regulations in this Subpart I apply to owners and
operators of all hazardous waste facilities that store containers of hazardous
waste, except as Section 725.101 provides otherwise.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.271 CONDITION OF CONTAINERS
Section 725.271 Condition of
Containers
If a container holding hazardous
waste is not in good condition or if it begins to leak, the owner or operator must
transfer the hazardous waste from this container to a container that is in good
condition or manage the waste in some other way that it complies with the
requirements of this Part.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.272 COMPATIBILITY OF WASTE WITH CONTAINERS
Section 725.272
Compatibility of Waste with Containers
The owner or operator must use a
container made of or lined with materials that will not react with and are
otherwise compatible with the hazardous waste to be stored, so that the ability
of the container to contain the waste is not impaired.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.273 MANAGEMENT OF CONTAINERS
Section 725.273 Management
of Containers
a) A container holding hazardous waste must always be closed
during storage, except when it is necessary to add or remove waste.
b) A container holding hazardous waste must not be opened,
handled, or stored in a manner that may rupture the container or cause it to
leak.
BOARD NOTE: Re-use of containers in transportation is governed by USDOT
regulations, including those set forth in 49 CFR 173.28 (Reuse, Reconditioning,
and Remanufacture of Packagings), incorporated by reference in 35 Ill. Adm.
Code 720.111(b).
(Source: Amended at 30 Ill.
Reg. 3460, effective February 23, 2006)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.274 INSPECTIONS
Section 725.274 Inspections
At least weekly, the owner or
operator must inspect areas where containers are stored. The owner or operator
must look for leaking containers and for deterioration of containers caused by
corrosion or other factors. See Section 725.171 for remedial action required
if deterioration or leaks are detected.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.276 SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
Section 725.276 Special
Requirements for Ignitable or Reactive Wastes
Containers holding ignitable or
reactive waste must be located at least 15 meters (50 feet) from the facility's
property line.
BOARD NOTE: See Section 725.117(a)
for additional requirements.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.277 SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
Section 725.277 Special
Requirements for Incompatible Wastes
a) Incompatible wastes or incompatible wastes and materials (see appendix
V of 40 CFR 265 (Examples of Potentially Incompatible Waste), incorporated by
reference in 35 Ill. Adm. Code 720.111(b), for examples) must not be placed in
the same container, unless Section 725.117(b) is complied with.
b) Hazardous waste must not be placed in an unwashed container
that previously held an incompatible waste or material (see appendix V of 40 CFR
265, for examples), unless Section 725.117(b) is complied with.
c) A storage container holding a hazardous waste that is
incompatible with any waste or other materials stored nearby in other
containers, piles, open tanks, or surface impoundments must be separated from
the other materials or protected from them by means of a dike, berm, wall, or
other device.
BOARD NOTE:
The purpose of this is to prevent fires, explosions, gaseous emissions,
leaching, or other discharge or hazardous waste or hazardous waste constituents
that could result from the mixing of incompatible wastes or materials if
containers break or leak.
(Source: Amended at 30 Ill.
Reg. 3460, effective February 23, 2006)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.278 AIR EMISSION STANDARDS
Section 725.278 Air Emission
Standards
The owner or operator must
manage all hazardous waste placed in a container in accordance with the
requirements of Subparts AA, BB, and CC of 35 Ill. Adm. Code 724.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
SUBPART J: TANK SYSTEMS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.290 APPLICABILITY
Section 725.290
Applicability
The regulations of this Subpart J
apply to owners and operators of facilities that use tank systems for storing
or treating hazardous waste, except as otherwise provided in subsection (a),
(b), or (c) or in Section 725.101.
a) Tank systems that are used to store or treat hazardous waste that
contains no free liquids and that are situated inside a building with an
impermeable floor are exempted from the requirements in Section 725.293. To
demonstrate the absence or presence of free liquids in the stored or treated
waste, the following test must be used: USEPA Method 9095B (Paint Filter
Liquids Test), as described in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods", USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
b) Tank systems, including sumps, as defined in 35 Ill. Adm. Code
720.110, that serve as part of a secondary containment system to collect or
contain releases of hazardous wastes are exempted from the requirements in
Section 725.293(a).
c) Tanks, sumps, and other collection devices used in conjunction
with drip pads, as defined in 35 Ill. Adm. Code 720.110 and regulated under
Subpart W, must meet the requirements of this Subpart J.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.291 ASSESSMENT OF EXISTING TANK SYSTEM INTEGRITY
Section 725.291 Assessment
of Existing Tank System Integrity
a) For each existing tank system that does not have secondary
containment meeting the requirements of Section 725.293, the owner or operator must
determine either that the tank system is not leaking or that it is unfit for
use. Except as provided in subsection (c), the owner or operator must obtain
and keep on file at the facility a written assessment reviewed and certified by
a qualified Professional Engineer, in accordance with 35 Ill. Adm. Code
702.126(d), that attests to the tank system's integrity.
b) This assessment must determine whether the tank system is
adequately designed and has sufficient structural strength and compatibility
with the wastes to be stored or treated to ensure that it will not collapse,
rupture, or fail. At a minimum, this assessment must consider the following:
1) Design standards, if available, according to which the tank
and ancillary equipment were constructed;
2) Hazardous characteristics of the wastes that have been or will
be handled;
3) Existing corrosion protection measures;
4) Documented age of the tank system, if available, (otherwise,
an estimate of the age); and
5) Results of a leak test, internal inspection, or other tank
integrity examination, such that the following conditions are met:
A) For non-enterable underground tanks, this assessment must
consist of a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pocket, and high water table
effects.
B) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must be either a leak test, as described
above, or an internal inspection or other tank integrity examination certified
by a qualified Professional Engineer, in accordance with 35 Ill. Adm. Code
702.126(d), that addresses cracks, leaks, corrosion, and erosion.
BOARD NOTE:
The practices described in the American Petroleum Institute (API) Publication, "Guide
for Inspection of Refinery Equipment", Chapter XIII, "Atmospheric and
Low-Pressure Storage Tanks", incorporated by reference in 35 Ill. Adm.
Code 720.111(a), may be used, where applicable, as guidelines in conducting the
integrity examination of an other than non-enterable underground tank system.
c) Tank systems that store or treat materials that become
hazardous wastes must conduct this assessment within 12 months after the date
that the waste becomes a hazardous waste.
d) If, as a result of the assessment conducted in accordance with
subsection (a), a tank system is found to be leaking or unfit for use, the
owner or operator must comply with the requirements of Sections 725.296.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.292 DESIGN AND INSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS
Section 725.292 Design and
Installation of New Tank Systems or Components
a) An owner or operator of a new tank system or component must
ensure that the foundation, structural support, seams, connections, and
pressure controls (if applicable) are adequately designed and that the tank
system has sufficient structural strength, compatibility with the wastes to be
stored or treated, and corrosion protection so that it will not collapse,
rupture, or fail. The owner or operator must obtain a written assessment
reviewed and certified by a qualified Professional Engineer, in accordance with
35 Ill. Adm. Code 702.126(d), attesting that the system has sufficient
structural integrity and is acceptable for the storing and treating of
hazardous waste. This assessment must include the following information:
1) Design standards according to which the tanks and ancillary
equipment is or will be constructed.
2) Hazardous characteristics of the wastes to be handled.
3) For new tank systems or components in which the external shell
of a metal tank or any external metal component of the tank system is or will
be in contact with the soil or with water, a determination by a corrosion
expert of the following:
A) Factors affecting the potential for corrosion, including but
not limited to the following:
i) Soil moisture content;
ii) Soil pH;
iii) Soil sulfides level;
iv) Soil resistivity;
v) Structure to soil potential;
vi) Influence of nearby underground metal structures (e.g.,
piping);
vii) Stray electric current;
viii) Existing corrosion-protection measures (e.g., coating,
cathodic protection, etc.); and
B) The type and degree of external corrosion protection that are
needed to ensure the integrity of the tank system during the use of the tank
system or component, consisting of one or more of the following:
i) Corrosion-resistant materials of construction such as special
alloys, or fiberglass-reinforced plastic;
ii) Corrosion-resistant coating (such as epoxy, fiberglass, etc.)
with cathodic protection (e.g., impressed current or sacrificial anodes); and
iii) Electrical isolation devices such as insulating joints and
flanges, etc.
BOARD NOTE:
The practices described in the National Association of Corrosion Engineers
(NACE) Standard, "Control of External Corrosion on Metallic Buried,
Partially Buried, or Submerged Liquid Storage Systems", NACE Recommended Practice
RP0285, and "Cathodic Protection of Underground Petroleum Storage Tanks
and Piping Systems", API Recommended Practice 1632, each incorporated by
reference in 35 Ill. Adm. Code 720.111(a), may be used, where applicable, as
guidelines in providing corrosion protection for tank systems.
4) For underground tank system components that are likely to be
affected by vehicular traffic, a determination of design or operational
measures that will protect the tank system against potential damage; and
5) Design considerations to ensure the following:
A) Tank foundations will maintain the load of a full tank;
B) Tank systems will be anchored to prevent flotation or
dislodgement where the tank system is placed in a saturated zone, or is located
within a seismic fault zone; and
C) Tank systems will withstand the effects of frost heave.
b) The owner and operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent damage to the
system during installation. Prior to covering, enclosing or placing a new tank
system or component in use, an independent, qualified installation inspector or
a qualified Professional Engineer, either of whom is trained and experienced in
the proper installation of tank systems or components, must inspect the system
or component for the presence of any of the following items:
1) Weld breaks;
2) Punctures;
3) Scrapes of protective coatings;
4) Cracks;
5) Corrosion; and
6) Other structural damage or inadequate construction or
installation. All discrepancies must be remedied before the tank system is
covered, enclosed, or placed in use.
c) New tank systems or components and piping that are placed
underground and which are backfilled must be provided with a backfill material
that is a noncorrosive, porous, and homogeneous substance which is carefully
installed so that the backfill is placed completely around the tank and
compacted to ensure that the tank and piping are fully and uniformly supported.
d) All new tanks and ancillary equipment must be tested for
tightness prior to being covered, enclosed or placed in use. If a tank system
is found not to be tight, all repairs necessary to remedy the leaks in the
system must be performed prior to the tank system being covered, enclosed, or
placed in use.
e) Ancillary equipment must be supported and protected against
physical damage and excessive stress due to settlement, vibration, expansion,
or contraction.
BOARD NOTE:
The piping system installation procedures described in "Installation of
Underground Petroleum Storage Systems", API Recommended Practice 1615, or
"Chemical Plant and Petroleum Refinery Piping", ASME/ANSI Standard
B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, each incorporated
by reference in 35 Ill. Adm. Code 720.111(a), may be used where applicable, as
guidelines for proper installation of piping systems.
f) The owner and operator must provide the type and degree of
corrosion protection necessary, based on the information provided under
subsection (a)(3), to ensure the integrity of the tank system during use of the
tanks system. An independent corrosion expert must supervise the installation
of a corrosion protection system that is field fabricated to ensure proper
installation.
g) The owner and operator must obtain and keep on file at the
facility written statements by those persons required to certify the design of
the tank system and supervise the installation of the tank system in accordance
with the requirements of subsections (b) through (f) to attest that the tank
system was properly designed and installed and that repairs, pursuant to
subsections (b) and (d) were performed. These written statements must also
include the certification statement, as required in 35 Ill. Adm. Code
702.126(d).
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.293 CONTAINMENT AND DETECTION OF RELEASES
Section 725.293 Containment
and Detection of Releases
a) In order to prevent the release of hazardous waste or
hazardous constituents to the environment, secondary containment that meets the
requirements of this Section must be provided (except as provided in
subsections (f) and (g)).
1) For a new or existing tank system or component, prior to its
being put into service.
2) For a tank system that stores or treats materials that become
hazardous wastes, within two years after the hazardous waste listing, or when
the tank system has reached 15 years of age, whichever comes later.
b) Secondary containment systems must be as follows:
1) Designed, installed, and operated to prevent any migration of
wastes or accumulated liquid out of the system to the soil, groundwater, or
surface water at any time during the use of the tank system; and
2) Capable of detecting and collecting releases and accumulated
liquids until the collected material is removed.
c) To meet the requirements of subsection (b), secondary
containment systems must be at a minimum as follows:
1) Constructed of or lined with materials that are compatible
with the wastes to be placed in the tank system and of sufficient strength and
thickness to prevent failure due to pressure gradients (including static head
and external hydrological forces), physical contact with the waste to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation (including stresses from nearby vehicular traffic);
2) Placed on a foundation or base capable of providing support to
the secondary containment system and resistance to pressure gradients above and
below the system and capable of preventing failure due to settlement,
compression, or uplift;
3) Provided with a leak detection system that is designed and
operated so that it will detect the failure of either the primary and secondary
containment structure or any release of hazardous waste or accumulated liquid
in the secondary containment system within 24 hours, or as otherwise provided
in the RCRA permit if the operator has demonstrated to the Agency, by way of
permit application, that the existing detection technology or site conditions
will not allow detection of a release within 24 hours;
4) Sloped or otherwise designed or operated to drain and remove
liquids resulting from leaks, spills, or precipitation. Spilled or leaked
waste and accumulated precipitation must be removed from the secondary
containment system within 24 hours, or as otherwise provided in the RCRA permit
if the operator has demonstrated to the Agency, by way of permit application,
that removal of the released waste or accumulated precipitation cannot be
accomplished within 24 hours.
BOARD NOTE:
If the collected material is a hazardous waste under 35 Ill. Adm. Code 721, it
is subject to management as a hazardous waste in accordance with all applicable
requirements of 35 Ill. Adm. Code 722 through 728. If the collected material
is discharged through a point source to waters of the State, it is subject to
the NPDES permit requirement of Section 12(f) of the Environmental Protection
Act and 35 Ill. Adm. Code 309. If discharged to a Publicly Owned Treatment
Works (POTW), it is subject to the requirements of 35 Ill. Adm. Code 307 and
310. If the collected material is released to the environment, it may be
subject to the reporting requirements of 35 Ill. Adm. Code 750.410 and federal 40
CFR 302.6.
d) Secondary containment for tanks must include one or more of
the following devices:
1) A liner (external to the tank);
2) A vault;
3) A double-walled tank; or
4) An equivalent device as approved by the Board in an adjusted
standards proceeding.
e) In addition to the requirements of subsections (b), (c), and
(d), secondary containment systems must satisfy the following requirements:
1) External liner systems must be as follows:
A) Designed or operated to contain 100 percent of the capacity of
the largest tank within the liner system's boundary;
B) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system, unless the collection
system has sufficient excess capacity to contain run-on or infiltration. Such
additional capacity must be sufficient to contain precipitation from a 25-year,
24-hour rainfall event;
C) Free of cracks or gaps; and
D) Designed and installed to completely surround the tank and to
cover all surrounding earth likely to come into contact with the waste if
released from the tanks (i.e., capable of preventing lateral as well as
vertical migration of the waste).
2) Vault systems must be as follows:
A) Designed or operated to contain 100 percent of the capacity of
the largest tank within the vault system's boundary;
B) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system, unless the collection
system has sufficient excess capacity to contain run-on or infiltration. Such
additional capacity must be sufficient to contain precipitation from a 25-year,
24-hour rainfall event;
C) Constructed with chemical-resistant water stops in place at all
joints (if any);
D) Provided with an impermeable interior coating or lining that is
compatible with the stored waste and that will prevent migration of waste into
the concrete;
E) Provided with a means to protect against the formation of and
ignition of vapors within the vault, if the waste being stored or treated:
i) Meets the definition of ignitable waste under 35 Ill. Adm.
Code 721.121; or
ii) Meets the definition of reactive waste under 35 Ill. Adm.
Code 721.123 and may form an ignitable or explosive vapor; and
F) Provided with an exterior moisture barrier or be otherwise
designed or operated to prevent migration of moisture into the vault if the
vault is subject to hydraulic pressure.
3) Double-walled tanks must be as follows:
A) Designed as an integral structure (i.e., an inner tank within
an outer shell) so that any release from the inner tank is contained by the
outer shell;
B) Protected, if constructed of metal, from both corrosion of the
primary tank interior and the external surface of the outer shell; and
C) Provided with a built-in continuous leak detection system
capable of detecting a release within 24 hours or as otherwise provided in the
RCRA permit if the operator has demonstrated to the Agency, by way of permit
application, that the existing leak detection technology or site conditions
will not allow detection of a release within 24 hours.
BOARD NOTE:
The provisions outlined in the Steel Tank Institute (STI) document "Standard
for Dual Wall Underground Steel Storage Tanks", incorporated by reference
in 35 Ill. Adm. Code 720.111(a), may be used as guidelines for aspects of the
design of underground steel double-walled tanks.
f) Ancillary equipment must be provided with full secondary
containment (e.g., trench, jacketing, double-walled piping, etc.) that meets
the requirements of subsections (c) and (h), except for the following:
1) Aboveground piping (exclusive of flanges, joints, valves, and
connections) that are visually inspected for leaks on a daily basis;
2) Welded flanges, welded joints, and welded connections that are
visually inspected for leaks on a daily basis;
3) Sealless or magnetic coupling pumps and sealless valves that
are visually inspected for leaks on a daily basis; and
4) Pressurized aboveground piping systems with automatic shut-off
devices (e.g., excess flow check valves, flow metering shutdown devices, loss
of pressure actuated shut-off devices, etc.) that are visually inspected for
leaks on a daily basis.
g) Pursuant to Section 28.1 of the Environmental Protection Act,
and in accordance with Subpart D of 35 Ill. Adm. Code 104, an adjusted standard
will be granted by the Board regarding alternative design and operating
practices only if the Board finds either that the alternative design and
operating practices, together with location characteristics, will prevent the
migration of any hazardous waste or hazardous constituents into the groundwater
or surface water at least as effectively as secondary containment during the
active life of the tank system, or that in the event of a release that does
migrate to groundwater or surface water, no substantial present or potential
hazard will be posed to human health or the environment. New underground tank
systems may not receive an adjusted standard from the secondary containment
requirements of this Section through a justification in accordance with
subsection (g)(2).
1) When determining whether to grant alternative design and
operating practices based on a demonstration of equivalent protection of
groundwater and surface water, the Board will consider whether the petitioner
has justified an adjusted standard based on the following factors:
A) The nature and quantity of the waste;
B) The proposed alternate design and operation;
C) The hydrogeologic setting of the facility, including the
thickness of soils between the tank system and groundwater; and
D) All other factors that would influence the quality and mobility
of the hazardous constituents and the potential for them to migrate to
groundwater or surface water.
2) In deciding whether to grant alternative design and operating
practices based on a demonstration of no substantial present or potential
hazard, the Board will consider whether the petitioner has justified an
adjusted standard based on the following factors:
A) The potential adverse effects on groundwater, surface water,
and land quality taking the following into account:
i) The physical and chemical characteristics of the waste in the
tank system, including its potential for migration;
ii) The hydrogeological characteristics of the facility and
surrounding land;
iii) The potential for health risks caused by human exposure to
waste constituents;
iv) The potential for damage to wildlife; crops, vegetation, and
physical structures caused by exposure to waste constituents; and
v) The persistence and permanence of the potential adverse
effects;
B) The potential adverse effects of a release on groundwater
quality, taking the following into account:
i) The quantity and quality of groundwater and the direction of
groundwater flow;
ii) The proximity and withdrawal rates of water in the area;
iii) The current and future uses of groundwater in the area; and
iv) The existing quality of groundwater, including other sources
of contamination and their cumulative impact on the groundwater quality;
C) The potential adverse effects of a release on surface water
quality, taking the following into account:
i) The quantity and quality of groundwater and the direction of
groundwater flow;
ii) The patterns of rainfall in the region;
iii) The proximity of the tank system to surface waters;
iv) The current and future uses of surface waters in the area and
water quality standards established for those surface waters; and
v) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface water quality; and
D) The potential adverse effects of a release on the land
surrounding the tank system, taking the following into account:
i) The patterns of rainfall in the region; and
ii) The current and future uses of the surrounding land.
3) The owner or operator of a tank system, for which alternative
design and operating practices had been granted in accordance with the
requirements of subsection (g)(1), at which a release of hazardous waste has
occurred from the primary tank system but has not migrated beyond the zone of
engineering control (as established in the alternative design and operating
practices), must fulfill the following requirements:
A) It must comply with the requirements of Section 725.296, except
Section 725.296(d); and
B) It must decontaminate or remove contaminated soil to the extent
necessary to assure the following:
i) It must enable the tank system, for which alternative design
and operating practices were granted, to resume operation with the capability
for the detection of and response to releases at least equivalent to the
capability it had prior to the release; and
ii) It must prevent the migration of hazardous waste or hazardous
constituents to groundwater or surface water.
C) If contaminated soil cannot be removed or decontaminated in
accordance with subsection (g)(3)(B), it must comply with the requirements of
Section 725.297(b).
4) The owner or operator of a tank system, for which alternative
design and operating practices had been granted in accordance with the
requirements of subsection (g)(1), at which a release of hazardous waste has
occurred from the primary tank system and has migrated beyond the zone of
engineering control (as established in the alternative design and operating
practices, must fulfill the following requirements:
A) It must comply with the requirements of Section 725.296(a), (b),
(c), and (d); and
B) It must prevent the migration of hazardous waste or hazardous
constituents to groundwater or surface water, if possible, and decontaminate or
remove contaminated soil. If contaminated soil cannot be decontaminated or
removed, or if groundwater has been contaminated, the owner or operator must
comply with the requirements of Section 725.297(b);
C) If repairing, replacing, or reinstalling the tank system, it
must provide secondary containment in accordance with the requirements of
subsections (a) through (f), or make the alternative design and operating
practices demonstration to the Board again with respect to secondary
containment and meet the requirements for new tank systems in Section 725.292
if the tank system is replaced. The owner or operator must comply with these
requirements even if contaminated soil is decontaminated or removed, and
groundwater or surface water has not been contaminated.
h) In order to make an alternative design and operating practices
demonstration, the owner or operator must follow the following procedures, in
addition to those specified in Section 28.1 of the Act and Subpart D of 35 Ill.
Adm. Code 104:
1) The owner or operator must file a petition for approval of
alternative design and operating practices according to the following schedule:
A) For existing tank systems, at least 24 months prior to the date
that secondary containment must be provided in accordance with subsection (a);
and
B) For new tank systems, at least 30 days prior to entering into a
contract for installation of the tank system.
2) As part of the petition, the owner or operator must also
submit the following to the Board:
A) A description of the steps necessary to conduct the
demonstration and a timetable for completing each of the steps. The
demonstration must address each of the factors listed in subsection (g)(1) or
(g)(2); and
B) The portion of the Part B permit application specified in 35
Ill. Adm. Code 703.202.
3) The owner or operator must complete its showing within 180
days after filing its petition for approval of alternative design and operating
practices.
4) The Agency must issue or modify the RCRA permit so as to
require the permittee to construct and operate the tank system in the manner
that was provided in any Board order approving alternative design and operating
practices.
i) All tank systems, until such time as secondary containment
meeting the requirements of this Section is provided, must comply with the
following:
1) For non-enterable underground tanks, a leak test that meets
the requirements of Section 725.291(b)(5) must be conducted at least annually.
2) For other than non-enterable underground tanks and for all
ancillary equipment, the owner or operator must either conduct a leak test, as
described in subsection (i)(1), or an internal inspection or other tank
integrity examination, by a qualified Professional Engineer, that addresses
cracks, leaks, and corrosion or erosion at least annually. The owner or
operator must remove the stored waste from the tank, if necessary, to allow the
condition of all internal tank surfaces to be assessed.
BOARD NOTE:
The practices described in API Publication "Guide for Inspection of Refinery
Equipment", Chapter XIII, "Atmospheric and Low Pressure Storage
Tanks", incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be
used, when applicable, as guidelines for assessing the overall condition of the
tank system.
3) The owner or operator must maintain on file at the facility a
record of the results of the assessments conducted in accordance with
subsections (i)(1) through (i)(3).
4) If a tank system or component is found to be leaking or unfit
for use as a result of the leak test or assessment in subsections (i)(1)
through (i)(3), the owner or operator must comply with the requirements of
Section 725.296.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.294 GENERAL OPERATING REQUIREMENTS
Section 725.294 General
Operating Requirements
a) Hazardous wastes or treatment reagents must not be placed in a
tank system if they could cause the tank, its ancillary equipment or the
secondary containment system to rupture, leak, corrode, or otherwise fail.
b) The owner or operator must use appropriate controls and
practices to prevent spills and overflows from tank or secondary containment
systems. These include the following, at a minimum:
1) Spill prevention controls (e.g., check valves, dry disconnect
couplings, etc.);
2) Overfill prevention controls (e.g., level sensing devices,
high level alarms, automatic feed cutoff, or bypass to a standby tank); and
3) Maintenance of sufficient freeboard in uncovered tanks to
prevent overtopping by wave or wind action or by precipitation.
c) The owner or operator must comply with the requirements of
Section 725.296 if a leak or spill occurs in the tank system.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.295 INSPECTIONS
Section 725.295 Inspections
a) The
owner or operator must inspect the following, where present, at least once each
operating day, data gathered from monitoring and leak detection equipment
(e.g., pressure or temperature gauges, monitoring wells, etc.) to ensure that
the tank system is being operated according to its design.
b) Except
as noted under subsection (c), the owner or operator must inspect the following
at least once each operating day:
1) Overfill/spill control equipment (e.g., waste-feed cutoff
systems, bypass systems, and drainage systems) to ensure that it is in good
working order;
2) Above ground portions of the tank system, if any, to detect
corrosion or releases of waste; and
3) The construction materials and the area immediately
surrounding the externally accessible portion of the tank system, including the
secondary containment system (e.g., dikes) to detect erosion or signs of
releases of hazardous waste (e.g., wet spots, dead vegetation, etc.).
BOARD NOTE:
Section 725.115(c) requires the owner or operator to remedy any deterioration
or malfunction the owner or operator finds. Section 725.296 requires the owner
or operator to notify the Agency within 24 hours of confirming a release.
Also, federal 40 CFR 302 may require the owner or operator to notify the
National Response Center of a release.
c) The
owner or operator of a tank system that either uses leak detection equipment to
alert facility personnel to leaks or implements established workplace practices
to ensure leaks are promptly identified must inspect at least weekly those
areas described in subsections (b)(1) through (b)(3). Use of the alternate
inspection schedule must be documented in the facility's operating record.
This documentation must include a description of the established workplace
practices at the facility.
d) This
subsection (d) corresponds with 40 CFR 265.195(d), which USEPA has removed and
marked "reserved". This statement maintains structural consistency
with the corresponding federal requirements.
e) Ancillary equipment that is not provided with secondary
containment, as described in Section 725.293(f)(1) through (f)(4), must be
inspected at least once each operating day.
f) The owner or operator must inspect cathodic protection
systems, if present, according to, at a minimum, the following schedule to
ensure that they are functioning properly:
1) The proper operation of the cathodic protection system must be
confirmed within six months after initial installation, and annually
thereafter; and
2) All sources of impressed current must be inspected or tested,
as appropriate, at least every other month.
BOARD NOTE:
The practices described in "Control of External Corrosion on Metallic
Buried, Partially Buried, or Submerged Liquid Storage Systems", NACE
Recommended Practice RP0285-85, or "Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems", API Recommended Practice
1632, each incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be
used, where applicable, as guidelines in maintaining and inspecting cathodic
protection systems.
g) The owner or operator must document in the operating record of
the facility an inspection of those items in subsections (a) and (b).
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.296 RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF TANK SYSTEMS
Section 725.296 Response to Leaks
or Spills and Disposition of Tank Systems
A tank system or secondary
containment system from which there has been a leak or spill, or which is unfit
for use, must be removed from service immediately. The owner or operator must
satisfy the following requirements:
a) Cease Using; Prevent Flow or Addition of Wastes. The owner or
operator must immediately stop the flow of hazardous waste into the tank system
or secondary containment system and inspect the system to determine the cause
of the release.
b) Removal of Waste from Tank System or Secondary Containment
System
1) If the release was from the tank system, the owner or operator
must, within 24 hours after detection of the leak, remove as much of the waste
as is necessary to prevent further release of hazardous waste to the
environment and to allow inspection and repair of the tank system to be
performed.
2) If the release was to a secondary containment system, all
released materials must be removed within 24 hours to prevent harm to human
health and the environment.
c) Containment of Visible Releases to the Environment. The owner
or operator must immediately conduct a visual inspection of the release and,
based upon that inspection, do the following:
1) Prevent further migration of the leak or spill to soils or
surface water; and
2) Remove and properly dispose of any visible contamination of
the soil or surface water.
d) Notifications; Reports
1) Any release to the environment, except as provided in
subsection (d)(2), must be reported to the Agency within 24 hours after
detection.
2) A leak or spill of hazardous waste is exempted from the
requirements of this subsection (d) if the following occur:
A) The spill is less than or equal to a quantity of one pound (0.45
kg); and
B) The spill is immediately contained and cleaned-up.
3) Within 30 days after detection of a release to the
environment, a report containing the following information must be submitted to
the Agency:
A) Likely route of migration of the release;
B) Characteristics of the surrounding soil (soil composition,
geology, hydrogeology, climate, etc.);
C) Results of any monitoring or sampling conducted in connection
with the release (if available). If sampling or monitoring data relating to
the release are not available within 30 days, these data must be submitted to
the Agency as soon as they become available;
D) Proximity to downgradient drinking water, surface water, and
population areas; and
E) Description of response actions taken or planned.
e) Provision of Secondary Containment, Repair, or Closure
1) Unless the owner or operator satisfies the requirements of
subsections (e)(2) through (e)(4), the tank system must be closed in accordance
with Section 725.297.
2) If the cause of the release was a spill that has not damaged
the integrity of the system, the owner or operator may return the system to
service as soon as the released waste is removed and repairs, if necessary, are
made.
3) If the cause of the release was a leak from the primary tank
system into the secondary containment system, the system must be repaired prior
to returning the tank system to service.
4) If the source of the release was a leak to the environment
from a component of a tank system without secondary containment, the owner or
operator must provide the component of the system from which the leak occurred
with secondary containment that satisfies the requirements of Section 725.293
before it is returned to service, unless the source of the leak is an
aboveground portion of a tank system. If the source is an aboveground component
that can be inspected visually, the component must be repaired and may be
returned to service without secondary containment as long as the requirements
of subsection (f) are satisfied. If a component is replaced to comply with the
requirements of this subsection (e)(4), that component must satisfy the
requirements for new tank systems or components in Sections 725.292 and
725.293. Additionally, if a leak has occurred in any portion of a tank system
component that is not readily accessible for visual inspection (e.g., the
bottom of an inground or on-ground tank), the entire component must be provided
with secondary containment in accordance with Section 725.293 prior to being
returned to use.
f) Certification of Major Repairs. If the owner or operator has
repaired a tank system in accordance with subsection (e), and the repair has
been extensive (e.g., installation of an internal liner, repair of a ruptured
primary containment or secondary containment vessel, etc.), the tank system
must not be returned to service unless the owner or operator has obtained a
certification by a qualified Professional Engineer, in accordance with 35 Ill.
Adm. Code 702.126(d), that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system. This certification
must be placed in the operating record and maintained until closure of the
facility.
BOARD NOTE: See Section
725.115(c) for the requirements necessary to remedy a failure. Also, federal 40
CFR 302.6 requires the owner or operator to notify the National Response Center
of a release of any "reportable quantity".
(Source: Amended at 43 Ill.
Reg. 6049, effective May 2, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.297 CLOSURE AND POST-CLOSURE CARE
Section 725.297 Closure and
Post-Closure Care
a) At closure of a tank system, the owner or operator must remove
or decontaminate all waste residues, contaminated containment system components
(liners, etc.), contaminated soils and structures and equipment contaminated
with waste, and manage them as hazardous waste, unless 35 Ill. Adm. Code
721.103(d) applies. The closure plan, closure activities, cost estimates for
closure, and financial responsibility for tank systems must meet all of the
requirements specified in Subparts G and H.
b) If the owner or operator demonstrates that not all
contaminated soils can be practicably removed or decontaminated as required in
subsection (a), then the owner or operator must close the tank system and
perform post-closure care in accordance with the closure and post-closure care
requirements that apply to landfills (Section 725.410). In addition, for the
purposes of closure, post-closure and financial responsibility, such a tank
system is then considered to be a landfill, and the owner or operator must meet
all of the requirements of landfills specified in Subparts G and H.
c) If an owner or operator has a tank system that does not have
secondary containment that meets the requirements of Section 725.293(b) through
(f), and which is not exempt from the secondary containment requirements in
accordance with Section 725.293(g), then the following requirements apply:
1) The closure plan for the tank system must include both a plan
for complying with subsection (a), and a contingent plan for complying with
subsection (b);
2) A contingent post-closure plan for complying with subsection
(b) must be prepared and submitted as part of the permit application;
3) The cost estimates calculated for closure and post-closure
care must reflect the costs of complying with the contingent closure plan and
the contingent post-closure plan, if these costs are greater than the costs of
complying with the closure plan prepared for the expected closure under
subsection (a);
4) Financial assurance must be based on the cost estimates in
subsection (c)(3); and
5) For the purposes of the contingent closure and post-closure
plans, such a tank system is considered to be a landfill, and the contingent
plans must meet all of the closure, post-closure care, and financial
responsibility requirements for landfills under Subparts G and H.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.298 SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
Section 725.298 Special
Requirements for Ignitable or Reactive Wastes
a) Ignitable or reactive waste must not be placed in a tank
system, unless either of the following conditions is fulfilled:
1) The waste is treated, rendered or mixed before or immediately
after placement in the tank system so that the following two conditions are
fulfilled:
A) The resulting waste, mixture, or dissolved material no longer
meets the definition of ignitable or reactive waste under 35 Ill. Adm. Code
721.121 or 721.123; and
B) Section 725.117(b) is complied with;
2) The waste is stored or treated in such a way that it is
protected from any material or conditions that may cause the waste to ignite or
react; or
3) The tank system is used solely for emergencies.
b) The owner or operator of a facility where ignitable or
reactive waste is stored or tested in tanks must comply with the requirements
for the maintenance of protective distances between the waste management area
and any public ways, streets, alleys, or an adjoining property line that can be
built upon as required in Tables 2-1 through 2-6 of "Flammable and
Combustible Liquids Code", NFPA 30, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.299 SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
Section 725.299 Special
Requirements for Incompatible Wastes
a) Incompatible wastes or incompatible wastes and materials must
not be placed in the same tank system, unless Section 725.117(b) is complied
with.
b) Hazardous waste must not be placed in a tank system that has
not been decontaminated and which previously held an incompatible waste or
material unless Section 725.117(b) is complied with.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.300 WASTE ANALYSIS AND TRIAL TESTS
Section 725.300 Waste
Analysis and Trial Tests
In addition to performing the
waste analysis required by Section 725.113, whenever a tank system is to be
used to chemically treat or to store a hazardous waste that is substantially
different from waste previously treated or stored in that tank system, or to
treat chemically a hazardous waste with a substantially different process than
any previously used in that tank system, the owner or operator must do the
following:
a) It must conduct waste analyses and trial treatment or storage
tests (e.g., bench-scale or pilot-plant scale tests); or
b) It must obtain written, documented information on similar
waste under similar operating conditions to show that the proposed treatment or
storage will meet the requirements of Section 725.294(a).
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.301 GENERATORS OF 100 TO 1,000 KILOGRAMS OF HAZARDOUS WASTE PER MONTH (REPEALED)
Section 725.301 Generators
of 100 to 1,000 Kilograms of Hazardous Waste Per Month (Repealed)
(Source: Repealed at 42 Ill.
Reg. 23725, effective November 19, 2018)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.302 AIR EMISSION STANDARDS
Section 725.302 Air Emission
Standards
The owner or operator must
manage all hazardous waste placed in a tank in accordance with the requirements
of Subparts AA, BB, and CC.
(Source: Amended at 42 Ill.
Reg. 23725, effective November 19, 2018)
SUBPART K: SURFACE IMPOUNDMENTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.320 APPLICABILITY
Section 725.320
Applicability
The regulations in this Subpart
K apply to owners and operators of facilities that use surface impoundments to
treat, store, or dispose of hazardous waste, except as Section 725.101 provides
otherwise.
(Source: Amended at 29 Ill.
Reg. 6389, effective April 22, 2005)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SECTION 725.321 DESIGN AND OPERATING REQUIREMENTS
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