TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.100 PURPOSE
Section 870.100 Purpose
This Part sets forth the
procedures to be used by the Agency in administering a system for the
certification and sanctioning, where necessary, of regulated operators at
regulated facilities, as those terms are defined herein.
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.105 APPLICABILITY
Section 870.105
Applicability
The rules of this Part shall be
applicable to the operation of landfills permitted, or required to be
permitted, by the Agency. The operation of a landfill shall be deemed to have
ceased upon the issuance of a certificate of closure by the Agency in accordance
with 35 Ill. Adm. Code 807.508 and 813.402.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.110 DEFINITIONS
Section 870.110 Definitions
For purposes of this Part the
words and terms defined in this Section shall have the meanings given herein.
Words and terms not defined shall have the meanings otherwise set forth in the
Solid Waste Site Operator Certification Law and the Environmental Protection
Act.
"Act"
means the Environmental Protection Act (Ill. Rev. Stat. 1989, ch. 111½, par.
1001 et seq.).
"Agency"
means the Illinois Environmental Protection Agency.
"Certified
Operator" means the person at a landfill who is normally present and
accessible and has been certified pursuant to these regulations. A certified
operator may be on the operational staff of not more than three landfills.
"Earth
moving equipment" means motorized equipment designed to excavate, load, or
transport earthen materials, not including road licensed trucks.
"Examination"
means the test required to be taken by an applicant to become certified under
the Solid Waste Site Operator Certification Law.
"Landfill"
means a unit or part of a facility in or on which waste is placed and
accumulated over time for disposal, and which is not a land application unit, a
surface impoundment or an underground injection well.
"Landfill
operations" means those activities conducted at a landfill including, but
not limited to, the acceptance, distribution, and cover of waste.
"Operational
staff" means those persons at a landfill who direct, supervise, or
participate in the acceptance, distribution, or cover of waste.
"Person"
means a human being.
"Solid
Waste Site Operator Law" means the Solid Waste Site Operator Certification
Law (Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7851 et seq.).
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.115 DISCLAIMER
Section 870.115 Disclaimer
The Agency and the State of
Illinois do not endorse or guarantee the quality of any work or conduct by an
applicant who has been certified.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.120 SEVERABILITY
Section 870.120 Severability
If any Section, subsection,
sentence or clause of this Part is judged invalid, such adjudication shall not
affect the validity of this Part as a whole or any Section, subsection,
sentence or clause thereof not judged invalid.
SUBPART B: CERTIFICATES
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.200 CATEGORIES OF CERTIFICATES AVAILABLE
Section 870.200 Categories
of Certificates Available
a) Applicants shall be able to apply for certificates or
certificate renewals in any of the following categories: Class A; Class A with
a Special Waste Endorsement; or Class B. An applicant shall not be eligible
for certification in one category if his or her current certificate in another
category is currently suspended or revoked.
b) Landfill sites which accept non-hazardous solid waste other
than clean construction or demolition debris shall employ on their
operational staffs at least one person who possesses a valid Class A
Certificate.
c) Landfill sites which accept special waste shall employ
on their operational staffs at least one person who possesses a valid Class A
Certificate with a Special Waste Endorsement.
d) Landfill sites which accept only clean construction or
demolition debris shall employ on their operational staffs at least one
person who possesses a valid Class A or B Certificate (Ill. Rev. Stat. 1990,
Supp., ch. 111, par. 7854, Section 1004).
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.210 CLASS A CERTIFICATE
Section 870.210 Class A
Certificate
a) Any person who seeks a Class A Certificate shall pass a
written examination as provided under Subpart C.
b) Any person who seeks a Class A Certificate shall submit a
complete application to the Agency accompanied by the fee required under
Section 870.400 of this Part in which the applicant demonstrates the following:
1) the applicant is at least 18 years of age;
2) the applicant has not violated any of the provisions of the
Solid Waste Site Operator Certification Law which could result in the refusal
to issue, renew, or suspended for cause such certification;
3) the applicant has either:
A) a high school diploma or its equivalent, and
i) not less than 2 years of acceptable study, training, and
responsible experience in sanitary landfill operation or management, or
ii) not less than 7 years of acceptable study, training, and
responsible experience in operation or management of earth moving equipment;
or
B) completed:
i) grammar school or its equivalent, and
ii) not less than 15 years of acceptable study, training, and
responsible experience in sanitary landfill operation or management (Solid
Waste Site Operator Law, Section 1007); and
4) the names, addresses, and phone numbers of no fewer than
3 references (Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7858, Section
1008).
c) When an applicant has indicated on the application that any of
the grounds listed in Section 870.515(a) has occurred, the applicant shall
provide with the application the following:
1) A copy of any final administrative or judicial determination,
made after opportunity for an adversarial proceeding, that the applicant has:
A) Violated federal, state or local laws, regulations or
ordinances regarding the operation of any refuse disposal facility;
B) Been convicted in Illinois or another state of any crime which
is a felony under Illinois law, or been convicted of a felony in a federal
court;
C) Shown gross carelessness or incompetence in the handling,
storing, processing, transporting or disposing of any hazardous waste in any
state.
2) A description, including the name of the agency or court,
title, docket number and status, of any administrative or judicial proceeding,
which is still pending, which:
A) Could result in a determination against the applicant of the
type described in subsection (c)(1) above; or
B) Could result in a reversal of any administrative or judicial
determination provided by the applicant in response to subsection (c)(1) above.
d) Supporting information for use under subsection (b)(3) shall
at a minimum describe the following:
1) the applicant's level of formal education including the date
of graduation from high school or grammar school, or receipt of equivalent
educational experience, and the name and address of the issuing institution;
2) the applicant's study, training, and experience in sanitary
landfill operation or management including:
A) the name, address, and phone number of the employer under which
the applicable study, training, or work experience was obtained; and
B) the name, address, and phone number of the institution at which
the applicable study, training, or work experience was obtained.
e) For the purposes of subsection (b)(3) above, acceptable study
and training may include, but is not limited to, the following:
1) college or university training programs or courses;
2) trade or professional association training programs or
courses;
3) government training programs or courses;
4) review of relevant periodicals, trade journals, or other
literature, or;
5) review of Illinois statutes and regulations relevant to the
Class A Certificate.
f) For the purposes of subsection (b)(3) above, responsible
experience may include, but is not limited to, the following:
1) employment at a landfill;
2) management of a landfill;
3) employment, including military service, involving the
operation or management of earth moving equipment;
4) consulting activities related to the operation or management
of a landfill.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.215 CLASS A CERTIFICATE SPECIAL WASTE ENDORSEMENT
Section 870.215 Class A
Certificate Special Waste Endorsement
a) Any person who seeks a Special Waste Endorsement shall pass a
written examination as provided under Subpart C.
b) Any person who seeks a Special Waste Endorsement shall
demonstrate, on a form designated by the Agency, the following:
1) the applicant has been issued a Class A Certificate which has
not been suspended or revoked, or otherwise become invalid; or
2) the applicant has submitted a complete application for the
issuance of a Class A Certificate.
c) A Special Waste Endorsement shall not be issued to the
applicant until the applicant has been issued a Class A Certificate.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.220 CLASS B CERTIFICATE
Section 870.220 Class B
Certificate
a) Any person who seeks a Class B Certificate shall pass a
written examination as provided under Subpart C.
b) Any person who seeks a Class B Certificate shall submit a
complete application to the Agency accompanied by the fee required under
Section 870.400 of this Part in which the applicant demonstrates the following:
1) the applicant is at least 18 years of age;
2) the applicant has not violated any of the provisions of the
Solid Waste Site Operator Certification Law which could result in the refusal
to issue, renew or suspend for cause such certification;
3) the applicant has either:
A) a high school diploma or its equivalent,
and
i) not less than 6 months of acceptable study, training, and
responsible experience in sanitary landfill operation or management, or
ii) not less than 3 years of acceptable study, training and
responsible experience in operation or management of earth moving equipment;
or
B) completed:
i) grammar school or its equivalent, and
ii) not less than 5 years of acceptable study, training, and
responsible experience in sanitary landfill operation or management (Ill.
Rev. Stat. 1990 Supp., ch. 111, par. 7857, Section 1007).
4) the names, addresses, and phone numbers of no fewer than
3 references (Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7858, Section
1008).
c) When an applicant has indicated on the application that any of
the grounds listed in Section 870.515(a) has occurred, the applicant shall
provide with the application the following:
1) A copy of any final administrative or judicial determination,
made after opportunity for an adversarial proceeding, that the applicant has:
A) Violated federal, state or local laws, regulations or
ordinances regarding the operation of any refuse disposal facility;
B) Been convicted in Illinois or another state of any crime which
is a felony under Illinois law, or been convicted of a felony in a federal
court;
C) Shown gross carelessness or incompetence in the handling,
storing, processing, transporting or disposing of any hazardous waste in any
state.
2) A description, including the name of the agency or court, title,
docket number and status, of any administrative or judicial proceeding, which
is still pending, which:
A) Could result in a determination against the applicant of the
type described in subsection (c)(1) above; or
B) Could result in a reversal of any administrative or judicial
determination provided by the applicant in response to subsection (c)(1) above.
d) Supporting information for use under Section (b)(3) above
shall at a minimum describe the following:
1) the applicant's level of formal education including the date
of graduation from high school or grammar school, or receipt of equivalent
educational experience, and the name and address of the issuing institution;
2) the applicant's study, training, and experience in sanitary
landfill operation or management including:
A) the name, address, and phone number of the employer under which
the applicable study, training, or work experience was obtained; and
B) the name, address, and phone number of the institution at which
the applicable study, training, or work experience was obtained.
e) For the purposes of subsection (b)(3) above, acceptable study
and training may include, but is not limited to, the following:
1) college or university training programs or courses;
2) trade or professional association training programs or
courses;
3) government training programs or courses;
4) review of relevant periodicals, trade journals, or other
literature; or
5) review of Illinois statutes and regulations relevant to the
Class B Certificate.
f) For the purposes of subsection (b)(3) above, responsible
experience may include, but is not limited to, the following:
1) employment at a landfill;
2) management of a landfill;
3) employment, including military service, involving the
operation or management of earth moving equipment;
4) consulting activities related to the operation or management
of a landfill.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.225 CERTIFICATE VALIDITY
Section 870.225 Certificate
Validity
Any certificate issued under
this Part shall be valid for a period of 3 years, with the expiration date
being 3 years from the first day of October of the calendar year in which the
certificate is issued (Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7860,
Section 1010).
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.230 SPECIAL WASTE ENDORSEMENT VALIDITY
Section 870.230 Special
Waste Endorsement Validity
a) A Special Waste Endorsement issued under this Part shall
expire on the date the accompanying Class A Certificate expires.
b) An applicant who passes the Special Waste Endorsement
examination, but fails the accompanying Class A examination, is not required to
retake the Special Waste Endorsement examination if the applicant passes a
subsequent Class A examination within six months after passing the Special
Waste Endorsement examination.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.235 CERTIFICATE RENEWAL
Section 870.235 Certificate
Renewal
a) Any person who seeks renewal of any certificate or Special
Waste Endorsement issued under this Part shall pass a written examination as
provided under Subpart C.
b) Any person who seeks renewal of any certificate or Special
Waste Endorsement issued under this Part shall submit a complete renewal
application to the Agency not less than 90 days before expiration of the
currently effective certificate or Special Waste Endorsement which demonstrates
the following:
1) the applicant has not violated any of the provisions of the
Solid Waste Site Operator Certification Law which could result in the refusal
to issue or renew for cause;
2) the applicant has not had a certificate or Special Waste
Endorsement issued under this Part which has been suspended or revoked under
Subpart D; and
3) the applicant has paid any fees required for the renewal of
any certificate or Special Waste Endorsement.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.240 EMERGENCY CERTIFICATION
Section 870.240 Emergency
Certification
a) Whenever a certified operator begins or terminates employment
with a landfill, the certified operator and the landfill owner shall notify the
Training and Certification Unit, Division of Land Pollution Control, of the
Agency in writing within seven days.
b) Should the certified operator(s) at a landfill unexpectedly
terminate employment due to death, illness, or otherwise, or for whatever
reason becomes incapable of directing landfill operations or supervising other
operational staff in performing landfill operations, the landfill owner shall
be allowed 90 days to obtain a properly certified operator pursuant to the
procedures specified under Subpart B. During the 90 day period the landfill
may continue operations.
c) During the 90 day period that a landfill may continue
operations without a certified operator, the landfill owner may sponsor an
individual to become certified. A landfill owner sponsors an individual by
informing the Training and Certification Unit, Division of Land Pollution
Control, of the Agency in writing that the landfill is operating without a
certified operator and that the sponsored individual will, if certified, be
employed at the landfill. An applicant so sponsored may, after submitting to
the Training and Certification Unit a complete application and appropriate
fees, request to take a certification examination on an expedited basis.
d) If the Agency receives a request to take an expedited
examination, and has received a complete application and appropriate fees on or
before the 60th day of the 90 day period that a landfill may continue
operations without a certified operator, the Agency shall administer an
examination to the applicant. The Agency may administer additional exams
subject to available Agency time and resources.
e) All expedited examinations shall be held in Springfield,
Illinois.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.245 CERTIFICATION
Section 870.245
Certification
Any person signing an
application submitted under this Subpart B shall make the following
certification:
I certify that the information submitted in this application
or document and all attachments is, to the best of my knowledge and belief,
true and accurate and complete. I am aware that there are significant
penalties under Section 44 of the Environmental Protection Act for submitting
false information, including the possibility of fine and imprisonment for
knowing violations.
SUBPART C: EXAMINATIONS
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.300 REQUIREMENT OF EXAMINATION
Section 870.300 Requirement
of Examination
a) The Agency shall not issue any certificate or Special Waste
Endorsement contemplated by this Part unless the applicant has passed a written
standardized examination in accordance with this Subpart.
b) A score of 70% correct constitutes a passing score for the
standardized examination.
c) A complete application shall remain effective for three years
from the date of filing or until the person has taken and failed the exam three
times, whichever comes first. An applicant whose previously submitted application
is no longer effective must submit a new application meeting the requirements
of Subpart B accompanied by the fees required under Section 870.400.
d) An applicant who has failed the exam three times within a
period of three years shall not be eligible to take the exam again for a period
of no less than one year from the date of notice of the last failure. The
applicant shall demonstrate that during the one year period additional
training, study, or experience has been acquired.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.305 EXAMINATION LOCATION AND ADMISSION TICKETS
Section 870.305 Examination
Location and Admission Tickets
a) The certification examination shall be held at various
locations including the Chicago Metropolitan area, the Collinsville area and
Springfield, Illinois.
b) Information about specific test locations will be available
upon request from the Training and Certification Unit, Division of Land
Pollution Control, of the Agency. The examination admission ticket sent to an
applicant shall specify the correct location for that applicant.
c) In the application for a certificate or Special Waste
Endorsement the applicant shall designate a preferred location, among those
identified by the Agency, for taking the examination.
d) The Agency shall not issue an examination admission ticket to
an applicant until it has received the application fee provided under Section
870.400 of this Part from the applicant.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.310 EXAMINATION DATES AND FREQUENCY
Section 870.310 Examination
Dates and Frequency
Examinations will be held four
times every year. Information about authorized test dates will be available
upon request from the Training and Certification Unit, Division of Land
Pollution Control, of the Agency.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.315 NOTICE OF EXAMINATION LOCATIONS AND DATES
Section 870.315 Notice of
Examination Locations and Dates
The Agency will provide each
applicant with notice of the specific location and date of examination, no less
than fourteen days before the scheduled examination date. Notice shall be
given by means of the admission ticket sent to the applicant at the mailing
address indicated on the application. Each applicant shall have the admission
ticket, along with picture identification, available for review by Agency
proctors on the date of the examination. Admission to the examination shall be
denied if an applicant fails to produce, upon request by Agency proctors, an
admission ticket and photo identification.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.320 EXAMINATION ADMINISTRATION
Section 870.320 Examination
Administration
At all examination locations
authorized by the Agency, proctors designated by the Agency shall administer
and supervise the conduct of examinations, and collect examination answer
sheets and test forms after completion of an examination. The Agency shall not
allow examinees to keep copies of the test or test materials.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.325 EXAMINATION SUBJECTS
Section 870.325 Examination
Subjects
The Training and Certification
Unit, Division of Land Pollution Control, of the Agency shall provide, upon
request, a listing of the curriculum which examinees can expect to be
examined. The Agency may revise the examination curriculum to provide for additional
or different topics which may be required for the testing of a specific
certificate.
SUBPART D: FEES
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.400 APPLICATION FEE
Section 870.400 Application
Fee
Applicants for any certificate
or Special Waste Endorsement, or the renewal of any certificate or Special
Waste Endorsement, shall submit a $100.00 application fee with the
application. Any person who seeks a Special Waste Endorsement concurrent with
the submittal of an application for a Class A Certificate shall not be required
to pay two application fees.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.405 ISSUANCE AND RENEWAL FEE
Section 870.405 Issuance and
Renewal Fee
a) Following submission of a complete application an applicant
shall pay the following fees prior to the issuance or renewal of a certificate
or Special Waste Endorsement:
1) $400 for the issuance or renewal of a Class A Certificate;
2) $100 for the issuance or renewal of a Special Waste
Endorsement;
3) $200 for the issuance or renewal of a Class B Certificate.
b) The Agency shall impose an additional $50 fee for the failure
of a Solid Waste Site Operator to submit a renewal fee prior to November 1, following
a certificate's expiration.
c) The fees required under this Section shall be non-refundable.
SUBPART E: SUSPENSION AND REVOCATION
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.500 INVESTIGATION
Section 870.500
Investigation
The Agency may refuse to issue,
or seek the suspension or revocation of, any certificate or Special Waste
Endorsement established under Subpart B of this Part. The Agency may, upon its
own motion or upon the written complaint of any person setting forth charges
which, if proven, would constitute grounds for the refusal to issue, suspension
or revocation as provided by the Solid Waste Site Operator Law, investigate the
actions of any person applying for or holding a certificate or Special Waste
Endorsement.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.505 NOTICE
Section 870.505 Notice
The Agency shall, at least 28
days prior to issuing a Notice of Contested Case Hearing as provided for at 35
Ill. Adm. Code Part 168, notify the applicant or certificate or Special Waste
Endorsement holder in writing of the nature of the charges made and shall
afford the applicant or holder an opportunity to be heard in person or by
counsel.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.510 PROCEDURE
Section 870.510 Procedure
When the Agency refuses to
issue, or seeks the suspension or revocation of, any certificate or Special
Waste Endorsement, the procedures set forth at 35 Ill. Adm. Code 168 shall
apply.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.515 GROUNDS
Section 870.515 Grounds
a) The Agency may suspend, revoke, or refuse to issue any
certificate or Special Waste Endorsement for any one or any combination
of the following causes:
1) The practice of any fraud or deceit in obtaining or attempting
to obtain a certificate of competency;
2) Negligence or misconduct in the operation of a sanitary
landfill;
3) Repeated failure to comply with any of the requirements
applicable to the operation of a sanitary landfill, except for board requirements
applicable to the collection of litter;
4) Repeated violations of federal, state or local laws,
regulations, standards, or ordinances regarding the operation of refuse
disposal facilities or sites;
5) Conviction in this or another state of any crime which is a
felony under the laws of this state or conviction of a felony in a federal
court;
6) Proof of gross carelessness or incompetence in handling,
storing, processing, transporting, or disposing of any hazardous waste; or
7) Being declared to be a person under a legal disability by a
court of competent jurisdiction and not thereafter having been lawfully
declared to be a person not under legal disability or to have recovered.
(Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7856, Section 1006).
b) The Agency may, in its discretion, issue or refuse to suspend
or revoke a certificate or Special Waste Endorsement notwithstanding the
applicability of any of the factors set forth in Section 870.515(a) if
mitigating factors exist such that certification should be issued. Mitigating
factors include, but are not limited to, the following:
1) The severity of the misconduct;
2) How recently the misconduct took place; or
3) The degree of control exerted over waste disposal operations
at a site by the applicant at the time any misconduct described in subsection
870.515(a) was committed.
c) Pursuant to Section 39(a) of the Act, a person requesting
certification has the burden of demonstrating that the person is entitled to
the certification.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.520 SANCTIONS
Section 870.520 Sanctions
a) If a certificate is suspended it shall be considered void for
a period of time not less than 30 days, but no more than one year. If a
certificate expires during suspension the operator may not reapply for any
certificate until the suspension period has elapsed. Experience obtained
during this period shall not be credited towards meeting the requirement
described in Subpart B. At the end of the suspension period the suspended
certificate, if not expired, shall be considered valid.
b) If a certificate is revoked it shall be considered void. If a
certificate is revoked, the operator may not reapply for any certificate for a
period of not less than six months but not more than three years. If an
applicant seeks to obtain a certificate after the revocation period has
elapsed, the applicant must comply with all requirements of Subparts B:
Certificates, and D: Fees.
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER V: ENVIRONMENTAL PROTECTION AGENCY
PART 870
LANDFILL OPERATORS CERTIFICATION
SECTION 870.525 APPEAL
Section 870.525 Appeal
Within 35 days after the receipt
of the notice of sanction from the Director the operator may appeal the
sanction to the Circuit Court of Sangamon County. The revocation or suspension
of a certificate shall be stayed pending a final decision on the appeal.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
