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| 745.101 | Scope and Applicability |
| 745.102 | Definitions |
| 745.121 | Persons Who May Apply |
| 745.122 | Application |
| 745.123 | Duty to Supplement Pending Application |
| 745.124 | Duty to Provide Supplemental Information |
| 745.125 | Application Form |
| 745.126 | Incomplete Applications |
| 745.127 | Registered or Certified Mail |
| 745.141 | Standards for Denial |
| 745.142 | Final Action |
| 745.143 | Time Limits |
| 745.144 | Waiver of Time Limits |
| 745.161 | Appeal of Certification Denial |
| 745.162 | Revocation |
| 745.163 | Duration and Transferability |
| 745.180 | Applicability of the Subpart |
| 745.181 | Chief Operator Requirements |
| 745.201 | Prohibitions |
| 745.202 | Agency Denial of Waste Disposal Permit |
| 745.203 | Revocation of Waste Disposal Permit |
| 745.204 | Defense |
| 745.205 | Effective Date |
| a) | This Part establishes procedures for prior conduct certification for personnel of waste disposal sites. |
| b) | This Part requires the chief operator of certain waste disposal sites, pursuant to Subpart E, to obtain prior conduct certification. Otherwise, permits for operation of the site may be denied or revoked, and the owners or other named permittees, as well as the chief operator, are subject to an enforcement action for continued operation without a certified operator, pursuant to Subpart E. |
| c) | This Part also prohibits any person who has had prior conduct certification denied, cancelled or revoked, unless the person has a current valid prior conduct certification, from owning or operating a waste disposal site or serving as an officer or director of the owner or operator of a waste disposal site, or serving as an employee at a waste disposal site, pursuant to Subpart E. |
| a) | Unless otherwise stated or unless the context clearly indicates a different meaning, the definitions of terms used in this Part are the same as those found in the Environmental Protection Act (Ill. Rev. Stat. 1985 ch. 111 1/2, pars. 1001 et seq.) and at 35 Ill. Adm. Code 807.104. |
| b) | Notwithstanding subsection (a), the following terms are defined for purposes of this Part: |
| "Agency" means the Illinois Environmental Protection Agency. | |
| "Board" means the Illinois Pollution Control Board. | |
| "Chief Operator" means the one natural person in responsible charge of a waste disposal site on a 24-hour basis. "Chief Operator" also means any person why may from time to time and in the regular course of business be designated by a waste disposal site's chief operator during periods of vacation, accident, illness or the like. | |
| "Natural person" means a human being. The term excludes "artificial persons," such as business or governmental entities. | |
| "Owner" means the person who owns a waste disposal site or part of a waste disposal site, or who owns the land on which the site is located. | |
| A person is in "responsible charge" if the person: |
| Is normally present at a waste disposal site; | ||
| Directs the day-to-day, overall operation at the site; and Either is the owner or operator, or is employed by or under contract with the owner or operator to assure that the day-to-day operations at the site are carried out in compliance with 35 Ill. Adm. Code 724, 725, 730, 807 and other Board rules governing operations at waste disposal sites. |
| c) | As used in this Subpart, "waste disposal site" means a site for which a waste disposal permit is required by 35 Ill. Adm. Code: Subtitle G, including but not necessarily limited to: |
| b) | Identification of each waste disposal site at any time owned or operated by the applicant, or at which the applicant served as chief operator, including: |
| 2) | A description of the nature of each site and the type of waste disposed there (e.g., hazardous waste, municipal waste); and |
| 3) | A description of the length of and nature of involvement with each site; |
| c) | A copy of any final administrative or judicial determination, made after opportunity for an adversarial proceeding, that the applicant has: |
| 1) | Violated federal, state or local laws, regulations or ordinances governing the operation of any waste disposal site; |
| 2) | 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; |
| 3) | Shown gross carelessness or incompetence in the handling, storing, processing, transporting or disposing of any hazardous waste in any state; |
| d) | 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: |
| 1) | Could result in a determination against the application of type described in subsection (c); or |
| 2) | Could result in a reversal of any administrative or judicial determination provided by the applicant in response to subsection (c); |
| e) | An affidavit attesting to the truth and completeness of the facts asserted in the application. |
| a) | Any person who holds prior conduct certification shall provide on an annual basis a supplemental information report to the Agency which identifies change in any of the information required by Section 745.122. A person who holds prior conduct certification shall additionally, upon Agency request, provide a supplemental information report which identifies change in any of the information required by Section 745.122 prior to the first anniversary of the submission of the previous report, so long as the person has not been required to submit more than three such reports during the previous one year period. |
| 1) | The Agency can request supplemental information only if it has a sufficient reason. |
| 2) | The Agency shall state the reason at the time it requests supplemental information. |
| 3) | "Sufficient reason" includes information in the possession of the Agency which indicates that some of the information required in Section 745.122 has changed. |
| b) | The Agency shall provide notice to any individual certified pursuant to this Part who has failed to comply with the provisions of subsection (a). Such notice shall be mailed no less than 45 days after the due date of the annual report, or no less than 45 days after the request for supplemental information has been mailed. |
| c) | If a person certified pursuant to this Part fails to comply with the provisions of subsection (a) within 45 days after receipt of the notice of subsection (b), the Agency shall notify the person that prior conduct certification is cancelled effective upon receipt of the notice. |
| d) | Any person whose prior conduct certification has been cancelled pursuant to subsection (c) may reapply for certification at any time upon filing of an application pursuant to this Part. |
| e) | The Agency notices and requests of this Section shall be in writing and mailed to the person by registered or certified mail, return receipt requested. |
| a) | The Agency shall deny prior conduct certification to any person who has: |
| 1) | Been repeatedly found, after opportunity for an adversarial proceeding before any judicial or administrative body, to be in violation of any federal, state or local laws, regulations or ordinances governing the operation of waste disposal sites in any |
| 2) | Been convicted in any state of a crime which would be a felony under Illinois law, or been convicted of a felony in federal court; |
| 3) | Been judicially or administratively determined, after opportunity for an adversarial proceeding, to have shown gross carelessness or incompetence in the handling, storing, processing, transporting or disposing of any waste in any state; |
| 4) | Practiced any fraud or deceit in obtaining or attempting to obtain prior conduct certification; or |
| 5) | Failed to timely file a supplemental application pursuant to Section 745.123. |
| b) | Subsection (a) notwithstanding, the Agency may, in its discretion, grant prior conduct certification if mitigating factors exist such that certification should issue. Mitigating factors include: |
| 3) | The degree of control exerted over waste disposal operations at a site by the applicant at the time misconduct described in subsection (a)(3) 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. Completion of the application form stating that none of the reasons for denial exist is a sufficient demonstration in the absence of information to the contrary. |
| a) | If the Agency denies any prior conduct certification under Section 745.141, it shall transmit to the applicant, within the time limits specified in this Part, a specific, detailed written statement as to the reasons why the prior conduct certification application was denied. |
| b) | The Agency shall send all notices of final action by registered or certified mail, return receipt requested. Final action shall take place on the date that such notice is mailed. |
| a) | Any person may file a complaint with the Board, pursuant to Title VIII of the Act and 35 Ill. Adm. Code 103, seeking revocation of a prior conduct certification which has been granted by the Agency, or which was issued by reason of Agency failure to comply with the time limits of Section 745.143. Such action may be based upon grounds stated in Section 745.141(a). |
| b) | Before revoking a certification, the Board will consider the mitigating factors listed in Section 745.141(b). |
| a) | Except as otherwise provided in Section 745.124 or Section 745.143, a prior conduct certification made pursuant to this Part remains valid until revoked pursuant to Section 745.162. |
| a) | The individual who is chief operator of a waste disposal site, as defined pursuant to Section 745.102(c), shall have prior conduct certification. |
| b) | The owner or other named permitee shall designate one or more chief operators for each waste disposal site. |
| 1) | One certified chief operator may serve in that capacity for multiple waste disposal units located at one waste disposal site. |
| 2) | One certified chief operator shall not serve in that capacity for units located at two or more waste disposal sites. |
| 3) | A certified waste operator need not be present during all hours a site is operating, provided that the chief operator retains responsibility for site operations during the period of absence, and can be contacted by waste disposal site personnel during the absence. |
| a) | No person shall operate a waste disposal site unless the site chief operator has prior conduct certification. |
| b) | No site owner or other named permittee shall cause or allow operation of a waste disposal site unless the site chief operator has prior conduct certification. |
| c) | No person shall own or operate a waste disposal site if the person has had prior conduct certification denied, cancelled or revoked, unless the person has a current, valid prior conduct certification. |
| d) | No person shall serve as an officer or director of the owner or operator of a waste disposal site if the person has had prior conduct certification denied, cancelled or revoked, unless the person has a current, valid prior conduct certification. |
| e) | No person shall serve as an employee at a waste disposal site if the person has had prior conduct certification denied, cancelled or revoked, unless the person has a current, valid prior conduct certification. |