-~ft~s~&ee fe~~e~ we~ef&’~—
eee~oes~- WeHae~s geeere~y ~ee~t~e swamps7 marshes7

ILLINOIS POLLUTION CONTROL BOARD

January

21,

1988

IN THE MATTER OF:

)

UIC UPDATE,

 USEPA REGULATIONS

)

 R87-29

(1—1—87 THROUGH 6—30—87)

)

FINAL ORDER.

 ADOPTED RULE

ORDER OF THE BOARD

 (by J.

 Anderson):

Pursuant to Section

 13(c)

 of the Environmental Protection

Act

 (Act),

 the Board

 is amending the UIC regulations found

 in 35

Ill.

 Adm.

 Code 702 and 704.

On August

20,

 1987 the Board opened this docket for

the

purpose of updating the UIC rules

 to agree with

 recent USEPA

amendments.

 On September

17,

 1987,

 the Board proposed amendments

to

35

 Ill.

 Adm.

 Code 702 and 704.

 The proposal appeared October

30,

 1987,

at

11

 Ill. Reg.

 17366.

As

 is detailed

in

 the Opinion

of this same day,

 the Board has modified the proposal

 in response

to public comment received.

Section 13 of the Act governs adoption of regulations

establishing

 the UIC program

 in Illinois.

 Section 13(c)

 provides

for quick adoption of regulations which are “identical

in

substance”

to

 federal regulations;

 Section 13(c)

 provides that

Title VII of the Act and Section

5

 of the Administrative

Procedure Act shall not apply.

 Because

 this rulemaking

 is not

subject

 to Section

 5 of the Administrative Procedure Act,

it

is

not subject to first notice or

 to second notice review by the

Joint Committee on Administrative

 Rules

 (JCAR).

 The federal UIC

regulations are found

at

 40 CFR 144 and 146.

 This rulemaking

updates

 Illinois’

 UIC rules

 to correspond with federal amendments

during the period January

 1 through June 30,

 1987.

This Order

 is supported

 by an Opinion adopted this same

day.

 The Board

 will withhold filing these rules

 until February

21,

 1988,

 to allow time for motions

 for reconsideration by the

agencies involved

 in the authorization process.

85—317

—2—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

b:

 PERMITS

PART

702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A:

 GENERAL PROVISIONS

Applicability

Purpose and Scope

Confidentiality

References

Rulemaking

Agency Criteria

Permit Appeals

Vat iances

Enforcement

Definitions

SUBPART B:

 PERMIT APPLICATIONS

Section

702. 120

702.121

702.122

702.123

702.124

702. 125

702

126

Section

702.140

702.141

702.142

702. 143

702.144

702.145

702.146

702.147

702.148

702.149

702.150

702.151

702.152

702.160

702. 161

702.162

702.163

702.164

Section

Permit Application

Who Applies

Completeness

Information Requirements

Recordkeeping

Continuation of Expiring Permits

Signatories

 to Permit Applications and

Reports

SUBPART C:

 PERMIT CONDITIONS

Conditions Applicable

 to all Permits

Duty

 to Comply

Duty

to

 Reapply

Need

 to Halt or Reduce Activity Not a Defense

Duty

 to Mitigate

Proper Operation and Maintenance

Permit Actions

Property Rights

Duty to Provide Information

Inspection and Entry

Monitoring

 and Records

Signatory Requirements

Reporting Requirements

Establishing Permit Conditions

Duration of Permits

Schedules of Compliance

Alternative Schedules of Compliance

Recording

 and Reporting

SUBPART

D:

 ISSUED PERMITS

Section

702.101

702.102

702. 103

702.104

702.105

702.106

702. 107

702.108

702.109

702.110

85—318

702.181

 Effect of

 a Permit

702.182

 Transfer

702.183

 Modification

702.184

 Causes

 for Modification

702.185

 Facility Siting

702.186

 Revocation

702.187

 Minor Modifications

AUTHORITY:

 Implementing Section

 13 and 22.4 and authorized by

Section 27

of

 the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

1985,

ch.

 111 1/2,

 pars.

 1013, 1022.4 and 1027).

SOURCE:

 Adopted

 in R81—32,

 47 PCB 93, at

6

 Ill.

 Reg.

 12479,

effective as noted

 in 35

 Iii. Mm.

 Code 700.106; amended

 in R82—

19 at at,

 53 PCB

 131,

 7 Ill.

 Reg.

 14352, effective

 as noted

in

35

Ill. Adm.

 Code 700.106; amended

 in R84—9,

 64 PCB 427,

at

9

 Ill.

Reg.

 11926, effective July 24,

 1985; amended

 in R85—23 at 10 Ill.

Reg.

 13274, effective July

29,

 1986; amended

 in R86—l at 10 Ill.

Reg.

 14083, effective August 12,

 1986;

 amended

 in R86—28 at 11

Ill. Reg.

 6131, effective March 24,

 1987;

 amended

 in R87—5

 at 11

Ill. Reg.

 19376, effective November

12,

 1987;

 amended

 in R87—26

at 12

 Ill.

 Reg.

 effective

;

 amended

in

R87—29 at 12

 Ill.

 Reg.

 effective

SUBPART A:

 GENERAL PROVISIONS

Section 702.104

 References

a)

 When used

in

35

 Ill.

 Adm. Code 702,

 703 and 704,

the

following publications are— ~~s— incorporated

by

reference:

Code of Federal Regulations

10 CFR 20, Appendix

 B, Table

 II, Column

2

(1987).

40 CFR 136

 (1987).

40 CFR 142

 (1987).

NTIS.

 Available

 from the National Technical

Information Service,

 5285 Port Royal Road,

Springfield, V~ 22161,

 (703)

 487—4600:

“Test Methods

 for Evaluating

 Solid Waste,

Physical/Chemical

 Methods,” EPA Publication

number SW—846

 (Second Edition,

 1982 as amended

by Update

I

 (April, 1984)

 and Update

II

(April,

 1985))

 (Document number

 PB 87—120—

291)

b)

 This Section incorporates no later editions

or

amendments.)

85—319

—4—

(Board Note:

 See 40 CFR 270.6

 (1987).)

(Source:

 Amended

 at 12

 Iii.

 Reg.

effective

)

Section 702.110

 Definitions

The following definitions apply to

 35 Ill. Mm.

 Code 702,

 703,

704 and 705.

 Terms not defined

 in this —see~or~—Sectionhave

the

meaning given by the appropriate Act.

 When

 a defined term

appears in a definition,

 the defined

 term is sometimes placed

within quotation marks as an aid

 to readers.

 When a definition

applies primarily to one or more programs, those programs appear

in parentheses after

 the defined terms.

—+Be~~Ne~ei

See

 ?~R ~9-~+—

“Administrator” means the Administrator of the United

 States Environmental Protection Agency,

 or an authorized

representative.

“Agency” means

 the Illinois Environmental Protection

Agency.

“Application” means the Agency forms for applying for

a

permit—7

 e~t~4~g

 e~ye

 ~4et’~s7fev4s4efls e~

moea~e~s

 ~o the

~?et9ft8—.

For RCRA, application also

includes the information required by the Agency under 35

Ill. Mm.

 Code 703.182 et seq.

 (contents of Part B of

the RCRA application).

“Appropriate act and regulations” means the —Se~~W~s~e

Bpe~~ Ae~7~s a~et~e~

 ~y the —Resource Conservation

and Recovery Act

 (RCRA);

 Safe Drinking Water Act

 (SDWA);

or the “Environmental Protection Act,” whichever is

applicable;

 and applicable regulations promulgated

 under

those statutes.

“Appro~edprogram or approved State” means

 a State or

interstate program which has been approved

 or authorized

by EPA under

 40 CFR —~.~—27l(1987)

 (RCRA)

 or Section

1422 of the SDWA

 (tJIC).

“Aquifer”

 (RCRA and UIC) means

 a geological “formation”,

group of formations, or part of a formation that

is

capable of yielding a significant amount of water

to

a

well or spring.

“Area of review”

 (UIC)

 means the area surrounding

an

 injection well described according to the criteria set

forth in 35

 Ill. Mm. Code 730.106

or

 in the case of an

area permit, the project area plus

 a circumscribing area

the width of which

 is either

 402 meters

 (1/4 of

 a mile)

or

 a number calculated according to the criteria set

85—320

forth in

35

 Ill. Mm.

 Code 730.106.

“Board” means the Illinois

Pollution Control Board.

“Closure”

 (RCRA)

means

 the act of securing

 a “Hazardous

Waste Management Facility” pursuant

 to the requirements

of

 35 Ill.

 Adm. Code

 724.

“Contaminant”

 (UIC)

 means any physical, chemical,

biological or

 radiological substance or matter

 in water.

“CWA” means the Clean Water Act (formerly referred

to

as

the Federal Water Pollution Control Act or

 Federal Water

Pollution Control Act Amendments of 1972)

 P.L.

 92—500,

as amended by P.L.

 95-217, and P.L.

 95—576;

 33 U.S.C.

1251 et seq.

 (1987).

“Date of approval by USEPA of the Illinois UIC program”

means February

1,

 1984.

“Director” means the Director of the Illinois

Environmental Protection Agency or —1~s—theDirector’s

 designee.

“Disposal”

 (RCRA)

 means

 the discharge, deposit,

injection,

 dumping, spilling,

 leaking

 or placing of any

“hazardous waste”

 into

 or on any land

 or water —e~ ~‘i-~o

~y

 we~ —so that such hazardous waste or any

constituent —the~eo~—ofthe waste may enter

the

environment or be emitted

 into the air or discharged

into any waters, including —g~e~ wa~e~—groundwater.

“Disposal Facility”

 (RCRA) means a facility or part of a

facility at which “hazardous waste”

is

 intentionally

placed

 into or on the land

 or water, and at which

hazardous waste will

 remain after closure.

“Draft Permit” means

 a document prepared under

35

 Ill.

Adm. Code 705.141

 indicating

 the Agency’s tentative

decision to issue,

 deny, modify, —feve1~eefl~~e±sst~e7

—terminate or reissue

a

 “permit”.

 A notice of intent

to

deny

 a permit,

 as discussed

 in 35

 Ill.

 Adm.

 Code 705.141

is a type of

 “draft permit”.

 A denial

of

 a request

for

modification,

 as discussed

in

35

 Ill.

 Adm.

 Code 705.128,

is not a “draft permit”.

 A “proposed permit”

 is not a

 “draft permit”.

“Drilling Mud”

 (UIC)

 means

 a heavy suspension used

in

drilling an “injection well”,

 introduced down the drill

pipe and through

 the drill

 bit.

“Elementary neutralization

 unit” means

 a device which:

Is used for neutralizing wastes which are hazardous

85—32 1

—6—

wastes only because they exhibit the corrosivity

characteristics defined in 35

 Ill. Adm. Code

721.122,

 or are listed

 in 35

 Ill. Mm. Code 721—7

—.Subpart

 D only for

 this reason;

and

Meets the definition of tank, container, transport

vehicle—7— or vessel

in

35

 Ill. Adm. Code 720.110.

“Emergency Permit” means

a

RCRA

or UIC “permit”

 issued

in accordance with 35 Ill. Adm. Code 703.221 or 704.163,

respectively.

“Environmental Protection Act”

 means

 the Environmental

Protection Act

 (Ill. Rev. Stat. —~9&3—1985,ch.

 111 1/2,

par.

1001

 et seq.)—7 e~eMe~e~—.

“Environmental Protection Agency”

 (“EPA”) means the

United States

 Environmental Protection Agency.

“EPA” means the United States “Environmental Protection

Agency”.

“Exempted aquifer”

 (UIC) means an “aquifer”

or

its

portion that meets the criteria

 in the definition of

“underground source of drinking water” but which

has

been exempted according

 to the procedures

 in 35 Ill.

Adm. Code 702.105,

 704.104 and 704.123(b).

“Existing hazardous waste management

 (HWM)

 facility” or

“existing facility” means

a

 facility which was

in

operation or

 for which construction commenced on or

before November

19,

 1980.

 A facility has commenced

construction

if:

The owner

 or operator has obtained

 the Federal,

State

 and local approvals or permits necessary to

begin physical construction;

 and —e4thef~—

Either:

A continuous on—site, physical construction

program has begun;

or

The owner

 or operator

 has entered

 into

contractual obligations

——

 which cannot be

cancelled

 or modified without substantial

loss

——

 for physical construction of th~

facility to be completed within

 a reasonable

time.

“Existing injection well”

 (UIC) means an “injection

well” other

 than

 a “new injection well”.

“Facility or activity” means any “HWM facility”, UIC

85—322

—7—

“injection well”,

 or any other

 facility or activity

(including land or appurtenances thereto)

 that

is

subject

 to regulations

 under

 the —~S~a~e~

 —Illinois RCRA

or UIC program.

“Federal, State

 and local approvals or permits necessary

to begin physical construction” means permits and

approvals required under Federal,

 State or local

hazardous waste control statutes, regulations or

ordinances.

 (See 35 Ill. Adm. Code 700.102 et seq.)

“Final authorization”

 (RCRA) means approval by EPA of

the Illinois Hazardous Waste Management Program which

has met the requirements of —Seer—Section 3006(b)

of

RCRA and the applicable requirements of

 40 CFR —)237

a~i~

B—271, Subpart

 A (1987).

 EPA granted

initial final authorization on January 31,

 1986.

“Fluid”

 (UIC) means any material

 or substance which

flows or moves whether

 in a semisolid,

 liquid,

 sludge,

gas or any other form or state.

“Formation”

 (UIC) means a body of rock characterized by

a degree of lithologic homogeneity which

is

prevailingly, but not necessarily,

 tabular

and

is

mappable on the earth’s surface or traceable in

the

subsurface.

“Formation fluid”

 (UIC)

 means “fluid” present

 in a

“formation”

 under natural conditions as opposed to

introduced

 fluids,

 such as “drilling mud”.

“Generator”

 (RCRA) means any person, by site location,

whose act

 or process produces “hazardous waste”

identified or listed

 in 35 Ill. Adm. Code 721.

“Groundwater”

 (RCRA and UIC) means

 a water below the

land surface

in

 a zone of saturation.

“Hazardous Waste”

 (RCRA

 and UIC) means

 a hazardous waste

as defined

 in 35

 Ill.

 Adm. Code 721.103.

“Hazardous waste management facility

 (“HWM facility”)”

means all contiguous land,

and

 structures, other

appurtenances and improvements on the land, used for

treating, storing or disposing of “hazardous waste”.

A

facility may consist of several “treatment”, “storage”

or

 “disposal” operational units

 (for example, one or

more landfills,

 surface impoundments or combinations of

them).

“HWM facility”

 (RCRA) means “Hazardous Waste Management

facility”.

85—323

—8—

“Injection well”

 (RCRA and UIC) means

 a “well”

 into

which “fluids”

 are being injected.

“Injection zone”

 (UIC)

 means

 a geological “formation”,

group of formations or part of a formation receiving

fluids through

 a “well”.

“In operation”

 (RCRA)

 means

 a facility which is

treating, storing or disposing of “hazardous waste”.

“Interim authorization”

 (RCRA) means approval by EPA of

the Illinois Hazardous Waste Management program which

has met the requirements of —See~—Section3006(c)

of

RCRA and applicable requirements of

 40 CFR —~237S~taf~.

F—27l

 (1987).

 This happened

 on May

 17, 1982.

“Interstate agency” means an agency of two or more

states established by or under

 an agreement or compact

approved by the Congress, or any other agency of two or

more states having substantial powers or duties

pertaining to the control of pollution as determined

and

approved by the Administrator under

 the “appropriate Act

and regulations”.

“Major facility” means any RCRA or UIC “facility or

activity” classified as such by the Regional

Administrator or

 the Agency.

“Manifest”

 (RCRA

 and UIC) means the shipping document

originated

 and signed by the “generator” which contains

the information required by 35

 Ill.

 Admn.

Code 722—7

—.Subpart B— e~35

 A~m~

ee~e

8G~—.

“National Pollutant Discharge Elimination System” means

the

 -fta

 oi~a~

 —program for issuing, modifying, revoking

and reissuing,

 terminating,

 monitoring and enforcing

permits and imposing and enforcing pretreatment

requirements—7 ~er

 See4~e~e39~74G~73~8

et~

485

e?

?WA

ai~— under

—9ee~—Section

12(f)

 of the Environmental

Protection Act and

 35 Ill. Mm.

 Code 309—7 —.Subpart

A.

The

 term includes

 an “approved program”.

“New HWM facility”

 (RCRA)

means

 a “Hazardous Waste

Management facility” which began operation or

 for which

construction commenced after

 November

19,

 1980.

“New injection well”

 (UIC) means

 a “well” which began

injection after

 the UIC program for the State of

Illinois applicable

 to the well

 is approved.

“Off—site”

 (RCRA)

 means any site which is not “on—site”.

“On—site”

 (RCRA)

 means on the

 same or geographically

contiguous property which may be divided by public

or

85—324

—9—

private right(s)—of-way, provided

 the entrance and exit

between the properties

 is at

 a cross—roads intersection,

and access

 is by crossing as opposed

 to going along,

the

right(s)—of—way.

 Non—contiguous properties owned by the

same person but connected by

 a right—of—way which the

person controls and

 to which the public does not have

access,

 is also considered on—site property.

“Owner or operator” means the owner or operator of any

“facility or

 activity”

 subject

 to regulation under

the

RCRA or UIC programs.

“Permit” means an authorization, license or equivalent

control document issued

 to implement the requirements of

this Part

 arid

 35 Ill. Mm. Code 703,

 704 and 705.

“Permit” includes RCRA “permit by rule”

(35

 Ill.

 Adm.

Code 703.141), UIC area permit (35 Ill. Adm. Code

704.162)

 and RCRA or UIC “Emergency Permit”

 (35 Ill.

Mm.

 Code 703.221 and 704.163).

 “Permit” does not

include RCRA interim status

 (35 Ill. Adm. Code —~G8~95—

703.153 et seq.), UIC authorization by rule

 (35 Ill.

Admit.

 Code 704—7 -.Subpart C),

 or any permit which has

not yet been the subject of final Agency action,

 such as

a “Draft Permit”

or

 a “Proposed Permit.”

“Person” means any individual, partnership, co—

partnership, firm, company, corporation, association,

joint

 stock company, trust, estate,

 political

subdivision, state agency, or any other legal

 entity, or

their legal representative,

 agent or assigns.

“Phase

 I”

 (RCRA) means,

 as used

in

 the corresponding

federal

 regulations, the period of time commencing May

19,

 1980.

 For Illinois purposes,

 Phase

 I began on May

17,

 1982.

“Phase

 II”

 (RCRA) means,

 as used

 in the corresponding

federal regulations,

 the period of time commencing May

19,

 1980.

 For Illinois purposes,

 Phase

 II will commence

whenever

 (JSEPA grants

 final authorization to the Agency

to issue RCRA permits for any class of facility or

unit.

 This occurred on January 31, 1986.

“Physical construction”

 (RCRA)

 means excavation,

movement of earth,

 erection of forms or structures or

similar activity to prepare an “HWM facility”

 to accept

“hazardous waste”.

“Plugging”

 (UIC) means

 the act or process of stopping

the flow of water, oil or gas into or out of a formation

through

 a borehole or well penetrating

 that formation.

“POTW” means “publicly owned treatment works”.

85—325

—10--

“Project”

 (UIC) means

 a group of wells

 in a single

operation.

“Publicly owned

 treatment works”

 (“POTW”) —~eei~sei~y

~e’q~ee

Of

sys~emtfse~

4t’t the

 eO~Met~~te~trtg

feeye34t~g

et~~ee

 me~’±oft3e~

ffit~etpe~eewa~eof

~

 we~es e~e

~

 t~~u~e

 w1~e~

-f~

ew~ie~

~y e

~e~e”

 Of ~

 P~4~~e4rt4e’4~’me~e~ee

eewet~e7~4pes

oc

 ethef

 eeriveyai’tees em~y

4~they eo~vey

w~s~ewo~e~

~e

~ ?8Pw pfe~4~4i~

 ~fe~

 e~-~-isas defined

in 35

 Ill. Mm. Code 310.

“Radioactive waste”

 (UIC)

 means any waste which contains

radioactive material

 in concentrations which exceed

those listed

in

 10 CFR 20, Appendix

 B, Table

 II, Column

2,

 incorporated by reference

in

Section 702.104.

“RCRA” means the Solid Waste Disposal Act as amended by

the Resource Conservation and Recovery Act of 1976

(P.

L.

 94—580, as amended by P—t~—. L.

 95—609,

 P.L. 96—510,

42 U.S.C.

 6901 et seq.

 (1987)).

“RCRA permit” means

 a permit required under Section

21(f)

 of the Environmental Protection Act.

“Regional Administrator” means the Regional

Administrator for the EPA Region

 in which the facility

is located or —h~e—theRegional Administrator’s

designee.

“Schedule of compliance”

 means a schedule of remedial

measures included

in

 a “permit”, including an

enforceable sequence of interim requirements (for

example, actions, operations or milestone events)

leading

 to compliance with the “appropriate Act and

regulations”.

“SDWA” means the Safe Drinking Water Act

 (Pub.

L.

 —95--

93—523,

 as amended— ~y Pt*~

 95—~99G-;42 U.S.C.

 300f

et

 seq.

 (1987)).

~See4~e~’i

 484 pfegfeM~

Of ~S~a~e

484

 pfegf~m~Of fl494~1

eft ~~~fOVO~

 e~e~epfeqfe&~~o feg~e~ethe

ehe~gee~

~ee~e~

 me~’~o~’~

the

 ~4s’e~afge

0?

?4~

m

ef~e~~

 t~~CfSee’e4o~’t

484 o?

 the ?~ee~

We~ef~

-~ft~s~&ee fe~~e~ we~ef&’~—

“Site” means the land or water area where any “facility

or activity”

 is physically located

 or conducted,

including adjacent land

 used in connection with the

facility or activity.

“SIC Code” means codes pursuant

 to the —e~~~e~—

 Standard Industrial Classification Manual—7

 eet~e

85—326

—11--

S??~ee o? the Pfe

 ~eft~7e??~ee e? Ma~ageme~e~

B~dge~7W

 ~tg~et~t7

 B-e~-— incorporated by reference in

35

 Ill.

 Adm. Code 720.111.

“State” means

 the State of

 Illinois.

“State Director” means the Director of the Illinois

Environmental Protection Agency.

“State/EPA Agreement” means an agreement between the

Regional Administrator and the State

 which coordinates

EPA and State activities,

 responsibilities and programs

including those under

 the RCRA and SDWA.

“Storage”

 (RCRA) means the holding of “hazardous waste”

~or a temporary period,

 at the end of which the

hazardous waste

 is treated, disposed or

 stored

elsewhere.

“Stratum (plural strata)”

 (UIC) means

 a single

sedimentary bed or layer, regardless of thickness, that

consists of generally the

 same kind of rock material.

“Total dissolved

 solids”

 (UIC) means the total dissolved

(filterable)

 solids as determined by use of the method

specified

 in 40 CFR 136,

 incorporated by reference in

Section 702.104.

“Transfer facility” means any transportation related

facility including loading docks, parking areas,

 storage

 areas and other similar areas where shipments of

hazardous waste are held during the normal course of

transportation.

“Transporter”

 (RCRA) means

 a person engaged

 in the off—

site transportation of “hazardous waste” by air, rail,

highway or water.

“Treatment”

 (RCRA)

means any method,

 technique, process,

including neutralization, designed

 to change

the

physical, chemical

 or biological character or

composition of any “hazardous waste” so as to neutralize

such wastes, or

 so as

 to recover energy or material

resources from the waste,

or

 so as to render such wastes

non—hazardous, or less hazardous; safer

 to transport,

store or dispose of;

 or amenable

 for recovery, amenable

for storage

 or reduced

 in volume.

“UIC” means the Underground

 Injection Control program—

~~ef Pe~? o?

the

Se?e Bf4~k~~

 We~efAe~7

 e~t~r~g

~

 ~ep~feved

 pfOgf~&’—.

“Underground Injection”

 (UIC) means

 a “well injection”.

85—327

—12—

“Underground source of drinking water”

 (“USDW”)

 (RCRA

and UIC) means an “aquifer” or

 its portion:

Whic h:

—W~ths—Supplies any public water

 system; or

—W~4ehe—Contains a sufficient quantity of

groundwater

 to supply a public water system;

and

Currently supplies drinking water for

human consumption; or

Contains less than 10,000 mg/i total

dissolved —so~ven~o—so1ids;and

Which is not an “exempted aquifer”.

“USDW”

 (RCRA

and UIC) means an “underground source of

drinking water”.

“USEPA” means

 the United States Environmental Protection

Agency.

“Wastewater

 treatment unit” means

 a device which:

Is part of

 a wastewater treatment facility which

is

subject to regulation

 under —e~theeSee~4o~’t4G~

Or

See~4e~

38~+~of

the

?~ee~Water Ae?

Or —35

Ill.

Adm. Code 309—i —.Subpart A or 310

and

Receives and treats or stores an influent

wastewater which is

 a hazardous waste

 as defined

in

35

 Ill. Mm. Code 721.103, or generates and

accumulates

 a wastewater treatment sludge which

is

a hazardous waste as defined

 in 35 Ill.

 Adm. Code

721.103, or treats or stores a wastewater treatment

sludge which

is

 a hazardous waste as defined in 35

Ill.

 Adrn.

 Code 721.103,

and

Meets the definition of tank

 in 35 Ill.

Mm.

 Code

720.110.

11We~ersof

 the E3ft~ed

S~e~es

 Or We~ersof the ~

?~

 we~er~wh~e~tere eerre~iy tfse~7were t~se~

4~

the pee~-7

Or ~ey ~e see~~~e

 ~o t~oe~i’t

4~ersth~e

Of fore4g~eomMeree7

~

a~

we~ersw~e~are ot~ee’e~o

the

e~e~ f’ew of

the

kH

 ers~e~ewa~ere7 ~e~~4i’tg

 ~i~ere~a~e

85—328

—13—

~weaft~s~-

A~ ether wa~erest~ehas ~~rasthth

 ~thes7 r~ers7

s~reams~

 e~~4ftg ~erm~~e~

 s~reams+7mf~a~s7

saf~a~e7.t~we

Oft~.S~7

s~et~ghs7pra4r~epotho~es7

we~mea~ows7p~aya~&tes7

 or ~ethra~ pot~sthe t~se7

~egra~et~

 or ~er~e~o~

 of w~eh wot~~af?ee~ or

eet~~affee~~~ersth~e

 or fere4gt~eommeree

4~e~tt~~ig

 a~ys~ehwa~ersi~

wh4eh are or eet~~~e t~se~~y

 ersth~eor

fere~gt’t~ra~e~ers

 for reeree~o~a~

 or ether

p~rpesesi

from whieh f-ish or she~f-ishare or eeu~ ~e

a~ se~ 4rt

 ers~a~eor

 fere4g~’t

eemmeree~ or

wh~ehare tmse~o~eeu~ ~e t~se~for

 r-~a~

pt~rpeses~y

 ims~r4es4ft 4ers~a~eeemmeree~-

~

 potit~mett~&sef waters etherw~se~ef4~e~

as

wa~ersof the

~

 S~e~es

 tirt~er~h~s ~

Pr~h~er~eo

 of we~ers

 et~~if~e~

~

 paragraphs

~a-)”f~thre~gh-fa+*4+ o?

 th4~s~ef~et~

The ~err4~er~ie~ seeD aa~

~WeHe~e~

 e~aeee~~e waters *other

 4hai’i wathrs

the~are themse’ves we~a~s+

 ei~?4e~ ~ri

paregraphs +e+-~+throt~ghfa-)’-~6+ of th~s

Waste ~ree~mei~

 sys~ems7

 e~tt~4eg~rea~me~

 po~s

or ~egeoes

 ~es4gee~

 ~o mee~the reg

 remee~&~sof

ewA

+e4~herthee eoo~iegpoe~sas ~ef4ee~

 4e 48 SFR

4~3~~fm+

 wh4eh a~someet the er~?er~iefor th±s

~ef~e~oe+

 are eo~waters of the

 4~e~S~a~es--—

“Well”

 (UIC)

 means a bored, drilled or driven shaft,

or

a dug hole, whose depth

 is greater

 than the largest

surface dimension.

“Well injection”

 (UIC) means

 the subsurface emplacement

of “fluids” through a bored, drilled, or driven “well”;

or through

 a dug well, where

 the depth of the dug well

is greater

 than the largest surface dimension.

~We~ee~s~

 ~eaes those areas that are 4ew~e~e~or

sareth~

 ~y st~rfaeeor gret~e~we~er

 e~a frep*eeey ae~

th~ra44ees~ff~e4ee~

 ~o st~pper~7ae~the~t~e~ereorma~

e4ret~ms~aeees~e 5~tppor~7a preifa~eeeeef ~ege~a~ee

typ~ee~ya~ap~e~

 for ~4fe

~rt

se~t~ra~e~so4~

85—329

—14—

eee~oes~-

WeHae~s

geeere~y

~ee~t~e

swamps7

marshes7

hogs ue~sim4~ererees~—

(Board Note:

 See 40 CFR 144.3 and 270.2

 (1987).

(Source:

 Amended

at

 12 Ill. Reg.

effective

)

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER b:

 PERMITS

PART 704

UIC

PERMIT

PROGRAM

SUBPART

GENERAL

PROVISIONS

Section

704.101

 Content

704.102

 Scope of the Permit or Rule Requirement

704.103

 Identification of Aquifers

704.104

 Exempted Aquifers

704.105

 Specific Inclusions and Exclusions

704.106

 Classification of

 Injection

Wells

704.107

 Definitions

SUBPART B:

 PROHIBITIONS

Section

704.121

 Prohibition of Unauthorized Injection

 704.122

 Prohibition of Movement of Fluid into USDW

704.123

 Identification of USDW and Exempted Aquifers

704.124

 Prohibition of Class IV Wells

SUBPART C:

 AUTHORIZATION OF UNDERGROUND INJECTION BY RULE

Section

704.141

 Existing Class

 I and

 III Wells

704.142

 Existing Class

 IV Wells,

 not into USDW (Renumbered)

704.143

 Expiration of Authorization

704.144

 Requirements

704.145

 Existing Class

 IV Wells

704.146

 Class V Wells

704.147

 Requiring

 a Permit

704.148

 Inventory Requirements

704.149

 Requiring other

 Information

704.150

 Requirements

 for Class

 I and III Wells authorized by

Rule

SUBPART D:

 APPLICATION FOR PERMIT

Section

704.161

 Application for Permit; Authorization by Permit

704.162

 Area Permits

704.163

Emergency

Permits

704.164

 Signatories

 to Permit Applications

85—330

—15--

Section

704.181

704.182

704

183

704.184

704.185

704.186

704.187

 704.188

704

189

704.190

704.191

704.192

704

193

SUBPART

Section

704

201

704.202

704.

203

SUBPART

E:

 PERMIT CONDITIONS

Additional Conditions

Establishing UIC Permit Conditions

Construction Requirements

Corrective

Action

Operation

Requirements

Hazardous Waste Requirements

Monitoring and Reporting

Plugging and Abandonment

Financial

 Responsibility

Mechanical

Integrity

Additional

Conditions

Waiver of Requirements by Agency

Corrective Action

F:

 REQUIREMENTS FOR WELLS

 INJECTING HAZARDOUS WASTE

Applicability

Author izatiori

Requirements

SUBPART

FINANCIAL

RESPONSIBILITY

FOR

CLASS

HAZARDOUS

WASTE

 INJECTION WELLS

Section

704

210

704.211

704.212

704.213

704.214

704.215

704.216

704. 217

704. 218

704.219

704.220

704

221

704.222

704. 230

704. 240

AUTHORITY:

Section

1981,

ch.

Applicability

Definitions

Cost Estimate for Plugging and Abandonment

Financial Assurance

 for Plugging and Abandonment

Trust

 Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter

Credit

Plugging and Abandonment Insurance

Financial Test and Corporate Guarantee

Multiple Financial Mechanisms

Financial Mechanism for Multiple Facilities

Release

 the Owner or Operator

Incapacity

Wording of the Instruments

Implementing Sections 13 and 22.4 and authorized by

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

111 1/2,

 pars.

 1013, 1022.4 and

1027).

SOURCE:

 Adopted

 in R8l—32,

 at 47 PCB 95, at

6

 Ill.

 Reg.

 12479,

effective

noted

~35

Ill.

Mm.

Code

700.106;

amended

R82—

19, at 7

 ill.

 Reg.

 144b2, effective as noted

 in 35

 Ill.

 Admn. Code

 700.106; amended

 in R83—39, at 55 PCB 319, at

 7 Ill. Reg.

 17338,

effective December

19,

 1983; amended

 in R85—23 at 10

 Ill. Reg.

13290, effective July 29,

 1986;

 amended

 in R87—29 at 12

 Ill.

Reg.

effective

SUBPART A:

 GENERAL PROVISIONS

85—33 1

—16—

Section 704.101

 Content

The

regulations

 this —s—Subpart set forth the specific

requirements for the UIC (underground Injection Control) permit

program.

 These

 rules are intended

 to implement the UIC permit

requirement

Section

 12(g)

 of the Environmental Protection Act

(Act)

These

rules

are

intended

identical

 substance to

United States Environmental Protection Agency (USEPA)

 rules

 found

in 40 CFR 144

 (1987).

 The regulations

 in this Subpart are

supplemental

 to the requirements

 in 35 Ill.

 Adm. Code 702, which

contains requirements for both the RCRA and UIC permit

programs.

 Operating requirements

 for injection wells are

 included

 in 35

 Ill. Adm. Code 730.

(Board

Note:

 See 40 CFR —~33~+a+—l44.l(l987).)

(Source:

 Amended at 12

 Ill.

 Reg.

effective

)

Section 704.106

 Classification of

 Injection Wells

Injection

 wells are classified

 as follows:

a)

 Class

I

1)

 Wells used

generators

 of hazardous wastes or

owners or operators of hazardous waste management

facilities

 to inject hazardous waste beneath the

lowermost

formation

containing,

within

402

 meters

(one—quarter

mile)

 the well bore, and

underground source of drinking water.

2)

 Other

 industrial

 and municipal disposal wells which

inject fluids beneath the lowermost formation

containing, within 402 meters

 (one quarter mile)

of

the well bore,

 an underground source of drinking

water.

b)

 Class II.

 Wells which inject fluids:

1)

 Which are brought to the surface in connection with

natural gas storage operations,

 or conventional oil

or natural gas production and

may

commingled

with waste waters from gas plants which are an

integral

part

production

operations,

 unless

those

waters

are

 classified

hazardous

waste

the time of injection;

2)

 For enhanced recovery of oil

 or natural gas; and

3)

 For storage of hydrocarbons which are liquid at

standard temperature and pressure.

85—332

—J_

1—

Class

III.

Wells

which

inject

for

extraction

mineral,

including:

Mining

sulfur

the

Frasch

process;

situ

production

uranium

other

metals;

this