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.

 

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.

 

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.).

 

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.

 

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.

 

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).

 

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.

 

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.

 

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.

 

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).

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.