JC —
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1
TITLE 35: ENVIRONMENTAL PROTECTION
2
SUBTITLE G: WASTE DISPOSAL
3
CHAPTER I: POLLUTION CONTROL BOARD
4
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
5
6
PART 724
7
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
8
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
9
10
SUBPART A: GENERAL PROVISIONS
11
12
Section
13
724.101
Purpose, Scope, and Applicability
14
724.103
Relationship to Interim Status Standards
15
724.104
Electronic Reporting
16
17
SUBPART B: GENERAL FACILITY STANDARDS
18
19
Section
20
724.110
Applicability
21
724.111
USEPA Identification Number
22
724.112
Required Notices
23
724.113
General Waste Analysis
24
724.114
Security
25
724.115
General Inspection Requirements
26
724.116
Personnel Training
27 724.117
General Requirements for Ignitable, Reactive, or Incompatible Wastes
28
724.118
Location Standards
29 724.119
Construction Quality Assurance Program
30
31
SUBPART C: PREPAREDNESS AND PREVENTION
32
33
Section
34
724.130
Applicability
35
724.131
Design and Operation of Facility
36 724.132
Required Equipment
37 724.133
Testing and Maintenance of Equipment
38 724.134
Access to Communications or Alarm System
39 724.135
Required Aisle Space
40 724.137
Arrangements with Local Authorities
41
42 SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
43
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44 Section
45
724.150
Applicability
46 724.151
Purpose and Implementation of Contingency Plan
47 724.152
Content of Contingency Plan
48 724.153
Copies of Contingency Plan
49 724.154
Amendment of Contingency Plan
50 724.155
Emergency Coordinator
51
724.156
Emergency Procedures
52
53
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
54
55
Section
56
724.170
Applicability
57 724.171
Use of Manifest System
58
724.172
Manifest Discrepancies
59 724.173
Operating Record
60
724.174
Availability, Retention, and Disposition of Records
61
724.175
Annual Facility Activities Report
62 724.176
Unmanifested Waste Report
63
724.177
Additional Reports
64
65
SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS
66
67
Section
68
724.190
Applicability
69 724.191
Required Programs
70 724.192
Groundwater Protection Standard
71
724.193
Hazardous Constituents
72 724.194
Concentration Limits
73
724.195
Point of Compliance
74 724.196
Compliance Period
75 724.197
General Groundwater Monitoring Requirements
76 724.198
Detection Monitoring Program
77 724.199
Compliance Monitoring Program
78 724.200
Corrective Action Program
79 724.201
Corrective Action for Solid Waste Management Units
80
81
SUBPART G: CLOSURE AND POST-CLOSURE CARE
82
83
Section
84
724.210
Applicability
85 724.211
Closure Performance Standard
86 724.212
Closure Plan; Amendment of Plan
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87 724.213
Closure; Time Allowed For Closure
88
724.214
Disposal or Decontamination of Equipment, Structures, and Soils
89
724.215
Certification of Closure
90
724.216
Survey Plat
91
724.217
Post-Closure Care and Use of Property
92 724.218
Post-Closure Care Plan; Amendment of Plan
93
724.219
Post-Closure Notices
94 724.220
Certification of Completion of Post-Closure Care
95
96
SUBPART H: FINANCIAL REQUIREMENTS
97
98
Section
99
724.240
Applicability
100 724.241
Definitions of Terms as Used in This Subpart
101
724.242
Cost Estimate for Closure
102
724.243
Financial Assurance for Closure
103
724.244
Cost Estimate for Post-Closure Care
104 724.245
Financial Assurance for Post-Closure Care
105 724.246
Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure
106 Care
107
724.247
Liability Requirements
108
724.248
Incapacity of Owners or Operators, Guarantors, or Financial Institutions
109 724.251
Wording of the Instruments
110
111
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
112
113
Section
114
724.270
Applicability
115
724.271
Condition of Containers
116 724.272
Compatibility of Waste with Container
117 724.273
Management of Containers
118
724.274
Inspections
119 724.275
Containment
120 724.276
Special Requirements for Ignitable or Reactive Waste
121
724.277
Special Requirements for Incompatible Wastes
122
724.278
Closure
123 724.279
Air Emission Standards
124
125
SUBPART J: TANK SYSTEMS
126
127
Section
128
724.290
Applicability
129 724.291
Assessment of Existing Tank System Integrity
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130 724.292
Design and Installation of New Tank Systems or Components
131
724.293
Containment and Detection of Releases
132 724.294
General Operating Requirements
133
724.295
Inspections
134 724.296
Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank
135
Systems
136
724.297
Closure and Post-Closure Care
137 724.298
Special Requirements for Ignitable or Reactive Waste
138 724.299
Special Requirements for Incompatible Wastes
139
724.300
Air Emission Standards
140
141
SUBPART K: SURFACE IMPOUNDMENTS
142
143
Section
144
724.320
Applicability
145 724.321
Design and Operating Requirements
146 724.322
Action Leakage Rate
147 724.323
Response Actions
148 724.326
Monitoring and Inspection
149 724.327
Emergency Repairs; Contingency Plans
150 724.328
Closure and Post-Closure Care
151
724.329
Special Requirements for Ignitable or Reactive Waste
152 724.330
Special Requirements for Incompatible Wastes
153
724.331
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
154 F027
155
724.332
Air Emission Standards
156
157
SUBPART L: WASTE PILES
158
159
Section
160
724.350
Applicability
161
724.351
Design and Operating Requirements
162 724.352
Action Leakage Rate
163 724.353
Response Action Plan
164 724.354
Monitoring and Inspection
165
724.356
Special Requirements for Ignitable or Reactive Waste
166 724.357
Special Requirements for Incompatible Wastes
167 724.358
Closure and Post-Closure Care
168 724.359
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
169
F027
170
171
SUBPART M: LAND TREATMENT
172
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Section
174
724.370
Applicability
175 724.371
Treatment Program
176 724.372
Treatment Demonstration
177 724.373
Design and Operating Requirements
178 724.376
Food-Chain Crops
179 724.378
Unsaturated Zone Monitoring
180 724.379
Recordkeeping
181
724.380
Closure and Post-Closure Care
182
724.381
Special Requirements for Ignitable or Reactive Waste
183
724.382
Special Requirements for Incompatible Wastes
184 724.383
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
185 F027
186
187
SUBPART N: LANDFILLS
188
189
Section
190
724.400
Applicability
191
724.401
Design and Operating Requirements
192 724.402
Action Leakage Rate
193
724.403
Monitoring and Inspection
194 724.404
Response Actions
195 724.409
Surveying and Recordkeeping
196 724.410
Closure and Post-Closure Care
197
724.412
Special Requirements for Ignitable or Reactive Waste
198
724.413
Special Requirements for Incompatible Wastes
199 724.414
Special Requirements for Bulk and Containerized Liquids
200 724.415
Special Requirements for Containers
201 724.416
Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab
202 Packs)
203
724.417
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
204 F027
205
206
SUBPART 0: INCINERATORS
207
208
Section
209
724.440
Applicability
210 724.441
Waste Analysis
211
724.442
Principal Organic Hazardous Constituents (POHCs)
212 724.443
Performance Standards
213 724.444
Hazardous Waste Incinerator Permits
214 724.445
Operating Requirements
215 724.447
Monitoring and Inspections
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724.451
Closure
217
218
SUBPART S: SPECIAL PROVISIONS FOR CLEANUP
219
220
Section
221
724.650
Applicability of Corrective Action Management Unit Regulations
222 724.651
Grandfathered Corrective Action Management Units
223 724.652
Corrective Action Management Units
224 724.653
Temporary Units
225
724.654
Staging Piles
226 724.655
Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills
227
228
SUBPART W: DRIP PADS
229
230
Section
231
724.670
Applicability
232
724.671
Assessment of Existing Drip Pad Integrity
233 724.672
Design and Installation of New Drip Pads
234 724.673
Design and Operating Requirements
235
724.674
Inspections
236
724.675
Closure
237
238
SUBPART X: MISCELLANEOUS UNITS
239
240 Section
241
724.700
Applicability
242 724.701
Environmental Performance Standards
243
724.702
Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action
244 724.703
Post-Closure Care
245
246
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
247
248
Section
249
724.930
Applicability
250
724.931
Definitions
251
724.932
Standards: Process Vents
252 724.933
Standards: Closed-Vent Systems and Control Devices
253 724.934
Test Methods and Procedures
254 724.935
Recordkeeping Requirements
255 724.936
Reporting Requirements
256
257
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
258
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Section
260
724.950
Applicability
261
724.951
Definitions
262 724.952
Standards: Pumps in Light Liquid Service
263
724.953
Standards: Compressors
264
724.954
Standards: Pressure Relief Devices in Gas/Vapor Service
265
724.955
Standards: Sampling Connecting Systems
266 724.956
Standards: Open-ended Valves or Lines
267 724.957
Standards: Valves in Gas/Vapor or Light Liquid Service
268
724.958
Standards: Pumps, Valves, Pressure Relief Devices, and Other Connectors
269
724.959
Standards: Delay of Repair
270 724.960
Standards: Closed-Vent Systems and Control Devices
271
724.961
Alternative Percentage Standard for Valves
272 724.962
Skip Period Alternative for Valves
273 724.963
Test Methods and Procedures
274 724.964
Recordkeeping Requirements
275 724.965
Reporting Requirements
276
277
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
278
IMPOUNDMENTS, AND CONTAINERS
279
Section
280
724.980
Applicability
281
724.981
Definitions
282
724.982
Standards: General
283
724.983
Waste Determination Procedures
284 724.984
Standards: Tanks
285 724.985
Standards: Surface Impoundments
286
724.986
Standards: Containers
287 724.987
Standards: Closed-Vent Systems and Control Devices
288 724.988
Inspection and Monitoring Requirements
289 724.989
Recordkeeping Requirements
290 724.990
Reporting Requirements
291
724.991
Alternative Control Requirements for Tanks (Repealed)
292
293
SUBPART DD: CONTAINMENT BUILDINGS
294
295
Section
296
724.1100
Applicability
297 724.1101
Design and Operating Standards
298 724.1102
Closure and Post-Closure Care
299
300
SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE
301
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?
Section
303
?
724.1200
?
Applicability
304 724.1201
?
Design and Operating Standards
305
?
724.1202
?
Closure and Post-Closure Care
306
307 724.APPENDIX A Recordkeeping Instructions
308 724.APPENDIX B EPA Report Form and Instructions (Repealed)
309 724.APPENDIX D Cochran's Approximation to the Behrens-Fisher Student's T-Test
310 724.APPENDIX E Examples of Potentially Incompatible Waste
311 724.APPENDIX I
?
Groundwater Monitoring List
312
313 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
314
?
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
315
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?
SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14059, effective October 12, 1983; amended in
317
?
R84-9 at 9 III. Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1136,
318
?
effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14119, effective August 12, 1986;
319
?
amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987; amended in R86-28 at 11 Ill.
320
?
Reg. 8684, effective April 21, 1987; amended in R86-46 at 11 Ill. Reg. 13577, effective August
321
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4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective November 12, 1987; amended in
322
?
R87-39 at 12 Ill. Reg. 13135, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 458,
323
?
effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18527, effective November 13,
324
?
1989; amended in R90-2 at 14 Ill. Reg. 14511, effective August 22, 1990; amended in R90-10 at
325
?
14 Ill. Reg. 16658, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9654,
326
?
effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14572, effective October 1, 1991;
327
?
amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.
328
?
17702, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5806, effective March 26,
329
?
1993; amended in R93-4 at 17 Ill. Reg. 20830, effective November 22, 1993; amended in R93-
330
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16 at 18 Ill. Reg. 6973, effective April 26, 1994; amended in R94-7 at 18
?
Reg. 12487,
331
?
effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17601, effective November 23, 1994;
332
?
amended in R95-6 at 19 Ill. Reg. 9951, effective June 27, 1995; amended in R95-20 at 20 Ill.
333
?
Reg. 11244, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 636,
334
?
effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7638, effective April 15, 1998;
335
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amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17972, effective September 28, 1998; amended
336
?
in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186, effective January 19, 1999; amended in R99-15 at
337
?
23 Ill. Reg. 9437, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1146, effective
338
?
January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9833, effective June 20, 2000; expedited
339
?
correction at 25 Ill. Reg. 5115, effective June 20, 2000; amended in R02-1/R02-12/R02-17 at 26
340
?
Ill. Reg. 6635, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3725, effective
341
?
February 14, 2003; amended in R05-8 at 29 Ill. Reg. 6009, effective April 13, 2005; amended in
342
?
R05-2 at 29 Ill. Reg. 6365, effective April 22, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill.
343
?
Reg. 3196, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 893,
JCAR350724-0805228r01
344
effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg.
, effective
345
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347
SUBPART B: GENERAL FACILITY STANDARDS
348
349
Section 724.115 General Inspection Requirements
350
351
a)
The owner or operator must conduct inspections often enough to identify
352
problems in time to correct them before they harm human health or the
353
environment. The owner or operator must inspect the facility for malfunctions
354
and deterioration, operator errors, and discharges that may be causing or may lead
355
to either of the following:
356
357
1)
Release of hazardous waste constituents to the environment; or
358
359
2)
A threat to human health.
360
361
b)
Inspection schedule.
362
363
1)
The owner or operator must develop and follow a written schedule for
364
inspecting monitoring equipment, safety and emergency equipment,
365
security devices, and operating and structural equipment (such as dikes
366
and sump pumps) that are important to preventing, detecting, or
367
responding to environmental or human health hazards.
368
369
2)
The owner or operator must keep this schedule at the facility.
370
371
3)
The schedule must identify the types of problems (e.g., malfunctions or
372
deterioration) that are to be looked for during the inspection (e.g.,
373
inoperative sump pump, leaking fitting, eroding dike, etc.).
374
375
4)
The frequency of inspection may vary for the items on the schedule.
376
However, the frequency should be based on the rate of deterioration of the
377
equipment and the probability of an environmental or human health
378
incident if the deterioration, malfunction, or any operator error goes
379
undetected between inspections. Areas subject to spills, such as loading
380
and unloading areas, must be inspected daily when in use, except for the
381
owner or operator of a Perfoiiiiance Track member facility, which must
382
inspect at least once each month after approval by the Agency, as
383
described in subsection (b)(5) of this Section. At a minimum, the
384
inspection schedule must include the items and frequencies called for in
385
Sections 724.274, 724.293, 724.295, 724.326, 724.354, 724.378, 724.403,
386
724.447, 724.702, 724.933, 724.952, 724.953, 724.958, and 724.983
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387
through 724.990, where applicable.
388
389
BOARD NOTE: 35 Ill. Adm. Code 703 requires the inspection schedule
390
to be submitted with Part B of the permit application. The Agency must
391
evaluate the schedule along with the rest of the application to ensure that it
392
adequately protects human health and the environment. As part of this
393
review, the Agency may modify or amend the schedule as may be
394
necessary.
395
396
The owner or operator of a Performance Track member facility that
397
chooses to reduce its inspection frequency must fulfill the following
398
requirements:
399
400
Ai
It must submit a request for a Class I permit modification with
401
prior approval to the Agency. The modification request must
402
identify its facility as a member of the National Environmental
403
Performance Track Program, and it must identify the management
404
units for reduced inspections and the proposed frequency of
405
inspections. The modification request must also specify, in
406
writing, that the reduced inspection frequency will apply for as
407
long as its facility is a Perfoimance Track member facility, and that
408
within seven calendar days of ceasing to be a Performance Track
409
member, the owner or operator will revert to the non-Performance
410
Track inspection frequency, as provided in subsection (b)(4) of this
411
Section. Inspections pursuant to this subsection (b)(5) must be
412
conducted at least once each month.
413
414
M.
Within 60 days, the Agency must notify the owner or operator of
415
the Perfomiance Track member facility, in writing, if the request
416
submitted pursuant to subsection (b)(5)(A) of this Section is
417
approved, denied, or if an extension to the 60-day deadline is
418
needed. This notice must be placed in the facility's operating
419
record. The owner or operator of the Performance Track member
420
facility should consider the application approved if the Agency
421
does not either deny the application or notify the owner or operator
422
of the Performance Track member facility of an extension to the
423
60-day deadline. In these situations, the owner or operator of the
424
Performance Track member facility must adhere to the revised
425
inspection schedule outlined in its request for a Class 1 permit
426
modification and keep a copy of the application in the facility's
427
operating record.
428
429
CI
Any owner or operator of a Performance Track member facility
JCAR350724-0805228r01
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that discontinues its membership or which USEPA teiminates from
431
the program must immediately notify the Agency of its change in
432
status. The facility owner or operator must place in its operating
433
record a dated copy of this notification and revert back to the non-
434
Performance Track inspection frequencies within seven calendar
435
days.
436
437
c)
The owner or operator must remedy any deterioration or malfunction of
438
equipment or structures that the inspection reveals on a schedule which ensures
439
that the problem does not lead to an environmental or human health hazard.
440
Where a hazard is imminent or has already occurred, remedial action must be
441
taken immediately.
442
443 d)
The owner or operator must record inspections in an inspection log or summary.
444
The owner or operator must keep these records for at least three years from the
445
date of inspection. At a minimum, these records must include the date and time
446
of the inspection, the name of the inspector, a notation of the observations made
447
and the date, and nature of any repairs or other remedial actions.
448
449 (Source: Amended at 32 Ill. Reg.
, effective
)
450
451
Section 724.116 Personnel Training
452
453
a)
The personnel training program.
454
455
1)
Facility personnel must successfully complete a program of classroom
456
instruction or on-the-job training that teaches them to perfomi their duties
457
in a way that ensures the facility's compliance with the requirements of
458
this Part. The owner or operator must ensure that this program includes all
459
the elements described in the document required under subsection (d)(3)
460
of this Section.
461
462
BOARD NOTE: 35 Ill. Adm. Code 703 requires that owners and
463
operators submit with Part B of the RCRA permit application, an outline
464
of the training program used (or to be used) at the facility and a brief
465
description of how the training program is designed to meet actual jobs
466
tasks.
467
468
2)
This program must be directed by a person trained in hazardous waste
469
management procedures, and must include instruction that teaches facility
470
personnel hazardous waste management procedures (including
471
contingency plan implementation) relevant to the positions in which they
472
are employed.
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474
3)
At a minimum, the training program must be designed to ensure that
475
facility personnel are able to respond effectively to emergencies by
476
familiarizing them with emergency procedures, emergency equipment,
477
and emergency systems, including, where applicable:
478
479
A)
Procedures for using, inspecting, repairing, and replacing facility
480
emergency and monitoring equipment;
481
482
B)
Key parameters for automatic waste feed cut-off systems;
483
484
C)
Communications or alarm systems;
485
486
D)
Response to fires or explosions;
487
488
E)
Response to groundwater contamination incidents; and
489
490
F)
Shutdown of operations.
491
492
4)
For facility employees that have receive emergency response training
493
pursuant to the federal Occupational Safety and Health Administration
494
(OSHA) regulations at 29 CFR 1910.120(p)(8) and (q), the facility is not
495
required to provide separate emergency response training pursuant to this
496
Section, provided that the overall facility OSHA emergency response
497
training meets all the requirements of this Section.
498
499
b)
Facility personnel must successfully complete the program required in subsection
500
(a) of this Section within six months after the effective date of these regulations or
501
six months after the date of their employment or assignment to a facility, or to a
502
new position at a facility, whichever is later. Employees hired after the effective
503
date of these regulations must not work in unsupervised positions until they have
504
completed the training requirements of subsection (a) of this Section.
505
506
c)
Facility personnel must take part in an annual review of the initial training
507
required in subsection (a) of this Section.
508
509
d)
The owner or operator must maintain the following documents and records at the
510
facility:
511
512
1)
The job title for each position at the facility related to hazardous waste
513
management, and the name of the employee filling each job;
514
515
2)
A written job description for each position listed under subsection (d)(1)
JCAR350724-0805228r01
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of this Section. This description may be consistent in its degree of
517
specificity with descriptions for other similar positions in the same
518
company location or bargaining unit, but must include the requisite skill,
519
education or other qualifications, and duties of employees assigned to each
520
position;
521
522
3)
A written description of the type and amount of both introductory and
523
continuing training that will be given to each person filling a position
524
listed under subsection (d)(1) of this Section;
525
526
4)
Records that document that the training or job experience required under
527
subsections (a), (b), and (c) of this Section has been given to, and
528
completed by, facility personnel.
529
530
e)
Training records on current personnel must be kept until closure of the facility;
531
training records on founer employees must be kept for at least three years from
532
the date the employee last worked at the facility. Personnel training records may
533
accompany personnel transferred within the same company.
534
535
(Source: Amended at 32 Ill. Reg.
, effective )
536
537
Section 724.118 Location Standards
538
539
a)
Seismic considerations.
540
541
1)
Portions of new facilities where treatment, storage or disposal of
542
hazardous waste will be conducted must not be located within 61 meters
543
(200 feet) of a fault that has had displacement in Holocene time.
544
545
2)
As used in subsection (a)(1) of this Section:
546
547
A)
"Fault" means a fracture along which rocks on one side have been
548
displaced with respect to those on the other side.
549
550
B)
"Displacement" means the relative movement of any two sides of a
551
fault measured in any direction.
552
553
C)
"Holocene" means the most recent epoch of the
554
QuaternaryQuarternary period, extending from the end of the
555
Pleistocene to the present.
556
557
BOARD NOTE: Procedures for demonstrating compliance with this
558
standard in Part B of the permit application are specified in 35 Ill. Adm.
JCAR350724-0805228r01
559
Code 703.182. Facilities that are located in political jurisdictions other
560
than those listed in appendix VI to 40 CFR 264 (Political Jurisdictions in
561
Which Compliance with § 264.18(a) Must Be Demonstrated),
562
incorporated by reference in 35 Ill. Adm. Code 720.111(b), are assumed to
563
be in compliance with this requirement.
564
565 b)
Floodplains.
566
567
1)
A facility located in a 100-year floodplain must be designed, constructed,
568
operated and maintained to prevent washout of any hazardous waste by a
569
100-year flood, unless the owner or operator can demonstrate the
570
following to the Agency's satisfaction:
571
572
A)
That procedures are in effect that will cause the waste to be
573
removed safely, before flood waters can reach the facility, to a
574
location where the wastes will not be vulnerable to flood waters; or
575
576
B)
For existing surface impoundments, waste piles, land treatment
577
units, landfills and miscellaneous units, that no adverse effect on
578
human health or the environment will result if washout occurs,
579
considering the following:
580
581
i)
The volume and physical and chemical characteristics of
582
the waste in the facility;
583
584
ii)
The concentration of hazardous constituents that would
585
potentially affect surface waters as a result of washout;
586
587
iii)
The impact of such concentrations on the current or
588
potential uses of and water quality standards established for
589
the affected surface waters; and
590
591
iv)
The impact of hazardous constituents on the sediments of
592
affected surface waters or the soils of the 100-year
593
floodplain that could result from washout;
594
595
2)
As used in subsection (b)(1) of this Section:
596
597
A)
"100-year floodplain" means any land area that is subject to a one
598
percent or greater chance of flooding in any given year from any
599
source.
600
601
B)
"Washout" means the movement of hazardous waste from the
JCAR350724-0805228r01
602
active portion of the facility as a result of flooding.
603
604
C)
"100-year flood" means a flood that has a one percent chance of
605
being equalled or exceeded in any given year.
606
607
BOARD NOTE: Requirements pertaining to other federal laws that affect
608
the location and permitting of facilities are found in 40 CFR 270.3. For
609
details relative to these laws, see EPA's manual for SEA (special
610
environmental area) requirements for hazardous waste facility permits.
611
Though EPA is responsible for complying with these requirements,
612
applicants are advised to consider them in planning the location of a
613
facility to help prevent subsequent project delays. Facilities may be
614
required to obtain from the Illinois Department of Transportation on a
615
permit or certification that a facility is flood-proofed.
616
617
c)
Salt dome formations, salt bed formations, underground mines and caves. The
618
placement of any non-containerized or bulk liquid hazardous waste in any salt
619
dome formation, salt bed formation, underground cave or mine is prohibited.
620
621 (Source: Amended at 32 Ill. Reg.
, effective )
622
623
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
624
625 Section 724.152 Content of Contingency Plan
626
627
a)
The contingency plan must describe the actions facility personnel must take to
628
comply with Sections 724.151 and 724.156 in response to fires, explosions, or any
629
unplanned sudden or non-sudden release of hazardous waste or hazardous waste
630
constituents to air, soil, or surface water at the facility.
631
632
b)
If the owner or operator has already prepared a Spill Prevention Control and
633
Countermeasures (SPCC) Plan in accordance with federal 40 CFR 112 or 300, or
634
some other emergency or contingency plan, the owner or operator need only
635
amend that plan to incorporate hazardous waste management provisions that are
636
sufficient to comply with the requirements of this Part. The owner or operator
637
may develop one contingency plan that meets all regulatory requirements.
638
USEPA has recommended that the plan be based on the National Response
639
Team's Integrated Contingency Plan Guidance (One Plan). When modifications
640
are made to non-RCRA provisions in an integrated contingency plan, the changes
641
do not trigger the need for a RCRA permit modification.
642
643
BOARD NOTE: The federal One Plan guidance appeared in the Federal Register
644
at 61 Fed. Reg. 28642 (June 5, 1996), and was corrected at 61 Fed. Reg. 31103
JCAR350724-0805228r01
645
(June 19, 1996). USEPA, Office of Solid Waste and Emergency Response,
646
Chemical Emergency Preparedness and Prevention Office, has made these
647
documents available on-line for examination and download at
648
yosemite.epa.govioswer/Ceptent/sei-c-lepc-publications.htm.
649
650
c)
The plan must describe arrangements agreed to by local police departments, fire
651
departments, hospitals, contractors, and state and local emergency response teams
652
to coordinate emergency services pursuant to Section 724.137.
653
654
d)
The plan must list names, addresses, and phone numbers (office and home) of all
655
persons qualified to act as emergency coordinator (see Section 724.155), and this
656
list must be kept up to date. Where more than one person is listed, one must be
657
named as primary emergency coordinator and others must be listed in the order in
658
which they will assume responsibility as alternates. For new facilities, this
659
information must be supplied to the Agency at the time of certification, rather
660
than at the time of permit application.
661
662
e)
The plan must include a list of all emergency equipment at the facility (such as
663
fire extinguishing systems, spill control equipment, communications and alarm
664
systems (internal and external), and decontamination equipment), where this
665
equipment is required. This list must be kept up to date. In addition, the plan
666
must include the location and a physical description of each item on the list and a
667
brief outline of its capabilities.
668
669
f)
The plan must include an evacuation plan for facility personnel where there is a
670
possibility that evacuation could be necessary. This plan must describe signals to
671
be used to begin evacuation, evacuation routes and alternative evacuation routes
672
(in cases where the primary routes could be blocked by releases of hazardous
673
waste or fires).
674
675
(Source: Amended at 32 Ill. Reg.
, effective
)
676
677
Section 724.156 Emergency Procedures
678
679
a)
Whenever there is an imminent or actual emergency situation, the emergency
680
coordinator (or the designee when the emergency coordinator is on call) must
681
immediately do the following:
682
683
1)
He or she must activate internal facility alarms or communication systems,
684
where applicable, to notify all facility personnel; and
685
686
2)
He or she must notify appropriate State or local agencies with designated
687
response roles if their help is needed.
JCAR350724-0805228r01
688
689
b)
Whenever there is a release, fire, or explosion, the emergency coordinator must
690
immediately identify the character, exact source, amount, and areal extent of any
691
released materials. The emergency coordinator may do this by observation or
692
review of facility records or manifests and, if necessary, by chemical analysis.
693
694
c)
Concurrently, the emergency coordinator must assess possible hazards to human
695
health or the environment that may result from the release, fire, or explosion.
696
This assessment must consider both direct and indirect effects of the release, fire,
697
or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are
698
generated, or the effects of any hazardous surface water run-off from water or
699
chemical agents used to control fire and heat-induced explosions).
700
701
d)
If the emergency coordinator determines that the facility has had a release, fire, or
702
explosion that could threaten human health or the environment outside the
703
facility, the emergency coordinator must report the findings as follows:
704
705
1)
If the assessment indicates that evacuation of local areas may be advisable,
706
the emergency coordinator must immediately notify appropriate local
707
authorities. The emergency coordinator must be available to help
708
appropriate officials decide whether local areas should be evacuated; and
709
710
2)
The emergency coordinator must immediately notify either the
711
government official designated as the on-scene coordinator for that
712
geographical area (in the applicable regional contingency plan pursuant to
713
federal 40 CFR 300) or the National Response Center (using their 24-hour
714
toll free number 800-424-8802). The report must include the following:
715
716
A)
The name and telephone number of the reporter;
717
718
B)
The name and address of the facility;
719
720
C)
The time and type of incident (e.g., release, fire);
721
722
D)
The name and quantity of materials involved, to the extent known;
723
724
E)
The extent of injuries, if any; and
725
726
F)
The possible hazards to human health or the environment outside
727
the facility.
728
729
e)
During an emergency, the emergency coordinator must take all reasonable
730
measures necessary to ensure that fires, explosions, and releases do not occur,
JCAR350724-0805228r01
731
recur, or spread to other hazardous waste at the facility. These measures must
732
include, where applicable, stopping processes and operations, collecting and
733
containing release waste, and removing or isolating containers.
734
735
f)
If the facility stops operations in response to a fire, explosion, or release, the
736
emergency coordinator must monitor for leaks, pressure buildup, gas generation,
737
or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
738
739
Immediately after an emergency, the emergency coordinator must provide for
740
treating, storing, or disposing of recovered waste, contaminated soil or surface
741
water, or any other material that results from a release, fire, or explosion at the
742 facility.
743
744
BOARD NOTE: Unless the owner or operator can demonstrate, in accordance
745
with 35 Ill. Adm. Code 721.103(d) or (e), that the recovered material is not a
746
hazardous waste, the owner or operator becomes a generator of hazardous waste
747
and must manage it in accordance with all applicable requirements of 35 Ill. Adm.
748
Code 722, 723, and 724.
749
750
h)
The emergency coordinator must ensure that the following is true in the affected
751
areas of the facility:
752
753
1)
No waste that may be incompatible with the released material is treated,
754
stored, or disposed of until cleanup procedures are completed; and
755
756
2)
All emergency equipment listed in the contingency plan is cleaned and fit
757
for its intended use before operations are resumed.
758
759
.
"
• -- • • - • •
?: .
? - .
760
authorities that the facility is in compliance with subsection (h) of this Section
761
before operations arc resumed in the affected ar-as of the facility.
762
763
The owner or operator must note in the operating record the time, date, and details
764
of any incident that requires implementing the contingency plan. Within 15 days
765
after the incident, the owner or operator must submit a written report on the
766
incident to the Agency. The report must include the following:
767
768
1)
The name, address, and telephone number of the owner or operator;
769
770
2)
The name, address, and telephone number of the facility;
771
772
3)
The date, time, and type of incident (e.g., fire, explosion);
773
JCAR350724-0805228r01
774
4)
The name and quantity of materials involved;
775
776
5)
The extent of injuries, if any;
777
778
6)
An assessment of actual or potential hazards to human health or the
779
environment, where this is applicable; and
780
781
7)
The estimated quantity and disposition of recovered material that resulted
782
from the incident.
783
784 (Source: Amended at 32 Ill. Reg.
, effective )
785
786
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
787
788 Section 724.171 Use of Manifest System
789
790
a)
Receipt of manifested hazardous waste.
791
792
793
794
operator, or the owner or operator's agent, must do the following:
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
A)
ach copy of the manifest to certify that the
hazardous waste covered by the manifest was received;
C .
124
It must note any significant discrepancies in the manifest (as
defined in Section 724.172(a)) on each copy of the manifest;
BOARD NOTE: The Board does not intend that the owner or operator of
a-facility-whose procedures under Section 721.113(c) include waste
it to the transporter. Section 724.172(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.
It must immediately give the transporter at least one copy of the
signed manifest;
D)
It must send a copy of the manifest to the generator and to the
E)
It must retain at the facility a copy of ch manifest for at 1 st
three y urs after the date of delivery.
BOARD NOTE: Subsection (a)(1) of this Section corresponds with 40
II
II; .
(a)(2)
of this Section corresponds with 40 CFR 264.71(a) (2005), effective
September 5, 2006.
JCAR350724-0805228r01
817
2)
The following requirements apply effective September 5, 2006:
818
819
1A) If a facility receives hazardous waste accompanied by a manifest, the
820
owner, operator, or its agent must sign and date the manifest, as indicated
821
in subsection (a)(2)(B) of this Section, to certify that the hazardous waste
822
covered by the manifest was received, that the hazardous waste was
823
received except as noted in the discrepancy space of the manifest, or that
824
the hazardous waste was rejected as noted in the manifest discrepancy
825
space.
826
827
2B) If a facility receives a hazardous waste shipment accompanied by a
828
manifest, the owner, operator, or its agent must do the following:
829
830
Ai)
It must sign and date, by hand, each copy of the manifest;
831
832
Bii) It must note any discrepancies (as defined in Section 724.172(b))
833
on each copy of the manifest;
834
835
Ciii) It must immediately give the transporter at least one copy of the
836
manifest;
837
838
Div) It must send a copy of the manifest to the generator within 30 days
839
after delivery; and
840
841
Ev)
It must retain at the facility a copy of each manifest for at least
842
three years after the date of delivery.
843
844
3G) If a facility receives hazardous waste imported from a foreign source, the
845
receiving facility must mail a copy of the manifest to the following
846
address within 30 days after delivery: International Compliance
847
Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection
848
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW,
849
Washington, DC 20460.
850
851
852
853
854
855
856
b)
If a facility receives, from a rail or water (bulk shipment) transporter, hazardous
857
waste that is accompanied by a shipping paper containing all the information
858
required on the manifest (excluding the USEPA identification numbers,
859
generator's certification, and signatures), the owner or operator, or the owner or
3) It must immediately give the rail or water (bulk shipment) transporter at
least one copy of the manifest or shipping paper (if the manifest has not
been received);
Forward copies of the manifest.
A)
Until September 5, 2006: The owner or operator must send a copy
.
.
Agency within 30 days after the delivery; however, if the manifest
has not been received within 30 days after delivery, the owner or
operator, or the owner or operator's agent, must send a copy of the
shipping paper signed and dated to the generator; or
JCAR3 50724-0805228r01
860
operator's agent, must do the following:
861
862
1)
It must sign and date each copy of the manifest or shipping paper (if the
863
manifest has not been received) to certify that the hazardous waste
864
covered by the manifest or shipping paper was received;
865
866
2)
It must note any significant discrepancies (as defined in Section
867
724.172(a)) in the manifest or shipping paper (if the manifest has not been
868
received) on each copy of the manifest or shipping paper;
869
870
BOARD NOTE: The Board does not intend that the owner or operator of
871
a facility whose procedures under Section 724.113(c) include waste
872
analysis must perform that analysis before signing the shipping paper and
873
giving it to the transporter. Section 724.172(b), however, requires
874
reporting an unreconciled discrepancy discovered during later analysis.
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
4B) Effective September 5, 2006: The owner or operator must send a copy of
890
the signed and dated manifest or a signed and dated copy of the shipping
891
paper (if the manifest has not been received within 30 days after delivery)
892
to the generator within 30 days after the delivery; and
893
894
BOARD NOTE: Section 722.123(c) requires the generator to send three
895
copies of the manifest to the facility when hazardous waste is sent by rail
896
or water (bulk shipment). Subscction (b)(4)(A) is derived from 40 CFR
897
264.74(b)(4) (2004), effective until September 5, 2006. Subsection
898
(b)(4)(B) is derived from 40 CFR 264.74(b)(4) (2005), effective
899
September 5, 2006.
900
901
5)
Retain at the facility a copy of the manifest and shipping paper (if signed
902
in lieu of the manifest at the time of delivery) for at least three years from
•?
••
- . -
For bulk waste, variations gr .ter than 10 percent in
weight; and
4-) For
batch waste, any variation in piece count, such as a
discrepancy of one drum in a truckload;
JCAR350724-0805228r01
903
the date of delivery.
904
905 c) Whenever
a shipment of hazardous waste is initiated from a facility, the owner or
906
operator of that facility must comply with the requirements of 35 Ill. Adm. Code
907 722.
908
909
BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.134 are applicable to
910
the on-site accumulation of hazardous wastes by generators. Therefore, the
911
provisions of Section 722.134 only apply to owners or operators that are shipping
912
hazardous waste that they generated at that facility.
913
914 d) Within
three working days after the receipt of a shipment subject to Subpart H of
915
35 Ill. Adm. Code 722, the owner or operator of the facility must provide a copy
916
of the tracking document bearing all required signatures to the notifier; to the
917
Office of Enforcement and Compliance Assurance, Office of Compliance,
918
Enforcement Planning, Targeting and Data Division (2222A), Environmental
919
Protection Agency, 401 M St., SW, Washington, DC 20460; to the Bureau of
920
Land, Division of Land Pollution Control, Illinois Environmental Protection
921
Agency, P.O. Box 19276, Springfield, IL 62794-9276; and to competent
922
authorities of all other concerned countries. The original copy of the tracking
923
document must be maintained at the facility for at least three years from the date
924 of signature.
925
926 (Source: Amended at 32 Ill. Reg.
, effective
927
928
Section 724.172 Manifest Discrepancies
929
930 a) The
following requirements apply until September 5, 2005:
931
932
Definition of a "manifest discrepancy."
933
934
A)
935
of hazardous waste designated on the manifest or shipping paper,
936
-ardous waste a facility actually
937
receives;
938
939
13)
940
941
942
943
944
945
JCAR350724-0805228r01
G-)
Significant
discrepancies in type arc obvious differences that can
solvent substituted for waste acid, or toxic constituents not
reported on the manifest or shipping paper.
Upon discovering a significant discrepancy, the owner or operator must
attempt to reconcile the discrepancy with the waste generator or
transporter (e.g., with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator
. ;
• •
discrepancy and attempts to reconcile it, and a copy of the manifest or
shipping paper at issue.
960
134
The following requirements apply effective September 5, 2005:
961
962
44-)
"Manifest discrepancies" are defined as any one of the following:
963
964
14)
Significant differences (as defined by subsection (b)(2) of this Section)
965
between the quantity or type of hazardous waste designated on the
966
manifest or shipping paper, and the quantity and type of hazardous waste a
967
facility actually receives;
968
969
2B) Rejected wastes, which may be a full or partial shipment of hazardous
970
waste that the treatment, storage, or disposal facility cannot accept; or
971
972
3€)
Container residues, which are residues that exceed the quantity limits for
973
empty containers set forth in 35 Ill. Adm. Code 721.107(b).
974
975
b2)
"Significant differences in quantity" are defined as the appropriate of the
976
following: for bulk waste, variations greater than 10 percent in weight; or, for
977
batch waste, any variation in piece count, such as a discrepancy of one drum in a
978
truckload. "Significant differences in type" are defined as obvious differences
979
that can be discovered by inspection or waste analysis, such as waste solvent
980
substituted for waste acid, or as toxic constituents not reported on the manifest or
981
shipping paper.
982
983
c3)
Upon discovering a significant difference in quantity or type, the owner or
984
operator must attempt to reconcile the discrepancy with the waste generator or
985
transporter (e.g., with telephone conversations). If the discrepancy is not resolved
986
within 15 days after receiving the waste, the owner or operator must immediately
987
submit to the Agency a letter describing the discrepancy and attempts to reconcile
988
it, and a copy of the manifest or shipping paper at issue.
946
947
948
949
950
951
952
953
954
955
956
957
958
959
JCAR350724-0805228r01
989
990
d4)
Rejection of hazardous waste.
991
992
14) Upon rejecting waste or identifying a container residue that exceeds the
993
quantity limits for empty containers set forth in 35 Ill. Adm. Code
994
721.107(b), the facility must consult with the generator prior to forwarding
995
the waste to another facility that can manage the waste. If it is impossible
996
to locate an alternative facility that can receive the waste, the facility may
997
return the rejected waste or residue to the generator. The facility must
998
send the waste to the alternative facility or to the generator within 60 days
999
after the rejection or the container residue identification.
1000
1001
2B) While the facility is making arrangements for forwarding rejected wastes
1002
or residues to another facility under this Section, it must ensure that either
1003
the delivering transporter retains custody of the waste, or the facility must
1004
provide for secure, temporary custody of the waste, pending delivery of
1005
the waste to the first transporter designated on the manifest prepared under
1006
subsection (e)(b)(5) or (f)(b)(6) of this Section.
1007
1008
e5)
Except as provided in subsection (e)(7)(b)(5)(G) of this Section, for full or partial
1009
load rejections and residues that are to be sent off-site to an alternate facility, the
1010
facility is required to prepare a new manifest in accordance with 35 Ill. Adm.
1011
Code 722.120(a) and the following instructions set forth in subsections (e)(1)
1012
through (e)(6) of this Section:
1013
1014
1A) Write the generator's USEPA identification number in Item 1 of the new
1015
manifest. Write the generator's name and mailing address in Item 5 of the
1016
new manifest. If the mailing address is different from the generator's site
1017
address, then write the generator's site address in the designated space in
1018
Item 5.
1019
1020
2B) Write the name of the alternate designated facility and the facility's
1021
USEPA identification number in the designated facility block (Item 8) of
1022
the new manifest.
1023
1024
3G) Copy the manifest tracking number found in Item 4 of the old manifest to
1025
the Special Handling and Additional Information Block of the new
1026
manifest, and indicate that the shipment is a residue or rejected waste from
1027
the previous shipment.
1028
1029
4D) Copy the manifest tracking number found in Item 4 of the new manifest to
1030
the manifest reference number line in the Discrepancy Block of the old
1031
manifest (Item 18a).
JCAR350724-0805228r01
1032
1033
5E)
Write the USDOT description for the rejected load or the residue in Item 9
1034
(USDOT Description) of the new manifest and write the container types,
1035
quantity, and volumes of waste.
1036
1037
6F)
Sign the Generator's/Offeror's Certification to certify, as the offeror of the
1038
shipment, that the waste has been properly packaged, marked and labeled
1039
and is in proper condition for transportation.
1040
1041
7€) For full load rejections that are made while the transporter remains present
1042
at the facility, the facility may forward the rejected shipment to the
1043
alternate facility by completing Item 18b of the original manifest and
1044
supplying the information on the next destination facility in the Alternate
1045
Facility space. The facility must retain a copy of this manifest for its
1046
records, and then give the remaining copies of the manifest to the
1047
transporter to accompany the shipment. If the original manifest is not
1048
used, then the facility must use a new manifest and comply with
1049
subsections (e)(1)(b)(5)(A) through (e)(6)(b)(5)(F) of this Section.
1050
1051
f6)
Except as provided in subsection (f)(7)(b)(6)(G) of this Section, for rejected
1052
wastes and residues that must be sent back to the generator, the facility is required
1053
to prepare a new manifest in accordance with 35 Ill. Adm. Code 722.120(a) and
1054
the following instructions set forth in subsections (f)(1) through (f)(6) of this
1055
Section:
1056
1057
1A) Write the facility's USEPA identification number in Item 1 of the new
1058
manifest. Write the generator's name and mailing address in Item 5 of the
1059
new manifest. If the mailing address is different from the generator's site
1060
address, then write the generator's site address in the designated space for
1061
Item 5.
1062
1063
2E) Write the name of the initial generator and the generator's USEPA
1064
identification number in the designated facility block (Item 8) of the new
1065
manifest.
1066
1067
3C) Copy the manifest tracking number found in Item 4 of the old manifest to
1068
the Special Handling and Additional Information Block of the new
1069
manifest, and indicate that the shipment is a residue or rejected waste from
1070
the previous shipment.
1071
1072
4D) Copy the manifest tracking number found in Item 4 of the new manifest to
1073
the manifest reference number line in the Discrepancy Block of the old
1074
manifest (Item 18a).
JCAR350724-0805228r01
1075
1076
5E)
Write the USDOT description for the rejected load or the residue in Item 9
1077
(USDOT Description) of the new manifest and write the container types,
1078
quantity, and volumes of waste.
1079
1080
6F)
Sign the Generator's/Offeror's Certification to certify, as offeror of the
1081
shipment, that the waste has been properly packaged, marked and labeled
1082
and is in proper condition for transportation.
1083
1084
7G) For full load rejections that are made while the transporter remains at the
1085
facility, the facility may return the shipment to the generator with the
1086
original manifest by completing Item 18b of the manifest and supplying
1087
the generator's information in the Alternate Facility space. The facility
1088
must retain a copy for its records and then give the remaining copies of the
1089
manifest to the transporter to accompany the shipment. If the original
1090
manifest is not used, then the facility must use a new manifest and comply
1091
with subsections (f)(1)(b)(6)(A) through (f)(6)(b)(6)(F) of this Section.
1092
1093
gq)
If a facility rejects a waste or identifies a container residue that exceeds the
1094
quantity limits for empty containers set forth in 35 Ill. Adm. Code 721.107(b)
1095
after it has signed, dated, and returned a copy of the manifest to the delivering
1096
transporter or to the generator, the facility must amend its copy of the manifest to
1097
indicate the rejected wastes or residues in the discrepancy space of the amended
1098
manifest. The facility must also copy the manifest tracking number from Item 4
1099
of the new manifest to the Discrepancy space of the amended manifest, and must
1100
re-sign and date the manifest to certify to the information as amended. The
1101
facility must retain the amended manifest for at least three years from the date of
1102
amendment, and must, within 30 days, send a copy of the amended manifest to
1103
the transporter and generator that received copies prior to their being amended.
1104
1105
1106
1107
5, 2006.
1108
1109
(Source: Amended at 32 Ill. Reg.
,
effective
1110
1111
Section 724.173 Operating Record
1112
1113
a)
The owner or operator must keep a written operating record at the facility.
1114
1115
b)
The following information must be recorded as it becomes available and
1116
maintained in the operating record for three years unless otherwise provided as
1117
followsuntil closure of the facility:
JCAR350724-0805228r01
1118
1119
1)
A description and the quantity of each hazardous waste received and the
1120
methed-er--methods and datc or dates of its treatment, storage, or disposal
1121
at the facility, as required by Appendix A of this Part. This information
1122
must be maintained in the operating record until closure of the facility;
1123
1124
2)
The location of each hazardous waste within the facility and the quantity
1125
at each location. For disposal facilities, the location and quantity of each
1126
hazardous waste must be recorded on a map or diagram that showsef each
1127
cell or disposal area. For all facilities, this information must include cross-
1128
references to specific manifest document numbers, if the waste was
1129
accompanied by a manifest. This information must be maintained in the
1130
operating record until closure of the facility;
1131
1132
BOARD NOTE: See Section 724.219 for related requirements.
1133
1134
3)
Records and results of waste analyses and waste determinations performed
1135
as specified in Sections 724.113, 724.117, 724.414, 724.441, 724.934,
1136
724.963, and 724.983 and in 35 Ill. Adm. Code 728.104(a) and 728.107;
1137
1138
4)
Summary reports and details of all incidents that require implementing the
1139
contingency plan, as specified in Section 724.156(j);
1140
1141
5)
Records and results of inspections, as required by Section 724.115(d)
1142
(except these data need to be kept only three years);
1143
1144
6)
Monitoring, testing, or analytical data and corrective action data where
1145
required by Subpart F of this Part or Sections 724.119, 724.291, 724.293,
1146
724.295, 724.322, 724.323, 724.326, 724.352 through 724.354, 724.376,
1147
724.378, 724.380, 724.402 through 724.404, 724.409, 724.447, 724.702,
1148
724.934(c) through (f), 724.935, 724.963(d) through (i), 724.964, and
1149
724.982 through 724.990. Maintain in the operating record for three
1150
years, except for records and results pertaining to groundwater monitoring
1151
and cleanup, which must be maintained in the operating record until
1152
closure of the facility;
1153
1154
7)
For off-site facilities, notices to generators as specified in Section
1155
724.112(b);
1156
1157
8)
All closure cost estimates under Section 724.242 and, for disposal
1158
facilities, all post-closure care cost estimates under Section 724.244. This
1159
information must be maintained in the operating record until closure of the
1160
facility;
JCAR350724-0805228r01
1161
1162
9)
A certification by the permittee, no less often than annually: that the
1163
permittee has a program in place to reduce the volume and toxicity of
1164
hazardous waste that the pennittee generates, to the degree the permittee
1165
determines to be economically practicable, and that the proposed method
1166
of treatment, storage, or disposal is that practicable method currently
1167
available to the permittee that minimizes the present and future threat to
1168
human health and the environment;
1169
1170
10)
Records of the quantities (and date of placement) for each shipment of
1171
hazardous waste placed in land disposal units under an extension of the
1172
effective date of any land disposal restriction granted pursuant to 35 Ill.
1173
Adm. Code 728.105, a petition to 35 Ill. Adm. Code 728.106 or a
1174
certification under 35 Ill. Adm. Code 728.108, and the applicable notice
1175
required of a generator under 35 Ill. Adm. Code 728.107(a). This
1176
information must be maintained in the operating record until closure of the
1177
facility;
1178
1179
11)
For an off-site treatment facility, a copy of the notice, and the certification
1180
and demonstration, if applicable, required of the generator or the owner or
1181
operator under 35 Ill. Adm. Code 728.107 or 728.108;
1182
1183
12)
For an on-site treatment facility, the information contained in the notice
1184
(except the manifest number), and the certification and demonstration, if
1185
applicable, required of the generator or the owner or operator under 35 Ill.
1186
Adm. Code 728.107 or 728.108;
1187
1188
13)
For an off-site land disposal facility, a copy of the notice, and the
1189
certification and demonstration, if applicable, required of the generator or
1190
the owner or operator of a treatment facility under 35 Ill. Adm. Code
1191
728.107 or 728.108, whichever is applicable;
1192
1193
14)
For an on-site land disposal facility, the information contained in the
1194
notice required of the generator or owner or operator of a treatment facility
1195
under 35 Ill. Adm. Code 728.107, except for the manifest number, and the
1196
certification and demonstration, required under 35 Ill. Adm. Code
1197
728.108, whichever is applicable;
1198
1199
15)
For an off-site storage facility, a copy of the notice, and the certification
1200
and demonstration if applicable, required of the generator or the owner or
1201
operator under 35 Ill. Adm. Code 728.107 or 728.108;
1202
1203
16)
For an on-site storage facility, the information contained in the notice
JCAR350724-0805228r01
1204
(except the manifest number), and the certification and demonstration if
1205
applicable, required of the generator or the owner or operator under 35 Ill.
1206
Adm. Code 728.107 or 728.108; and
1207
1208
17)
Any records required under Section 724.101(j)(13);-
1209
1210
Monitoring, testing, or analytical data where required by Section 724.447
1211
must be maintained in the operating record for five years; and
1212
1213
Certifications, as required by Section 724.296(f), must be maintained in
1214
the operating record until closure of the facility.
1215
1216
(Source: Amended at 32 Ill. Reg.
, effective
)
1217
1218
Section 724.175 Annual Facility Activities Report
1219
1220 The owner or operator must prepare and submit a single copy of an annual facility activities
1221 report to the Agency by March 1 of each year. The report form supplied by the Agency must be
1222 used for this report. The annual facility activities report must cover facility activities during the
1223 previous calendar year and must include the following information:
1224
1225
a)
The USEPA identification number, name, and address of the facility;
1226
1227
b)
The calendar year covered by the report;
1228
1229
c)
For off-site facilities, the USEPA identification number of each hazardous waste
1230
generator from which the facility received a hazardous waste during the year; for
1231
imported shipments, the report must give the name and address of the foreign
1232
generator;
1233
1234
d)
A description and the quantity of each hazardous waste the facility received
1235
during the year. For off-site facilities, this information must be listed by USEPA
1236
identification number of each generator;
1237
1238
e)
The method of treatment, storage, or disposal for each hazardous waste;
1239
1240
This subsection (f) corresponds with 40 CFR 264.75(f), which USEPA has
1241
designated as "reserved." This statement maintains structural consistency with
1242
the USEPA rules;
1243
1244
The most recent closure cost estimate under Section 724.242, and, for disposal
1245
facilities, the most recent post-closure cost estimate under Section 724.244;
1246
JCAR350724-0805228r01
1247 h)
For generators that treat, store or dispose of hazardous waste on-site, a description
1248
of the efforts undertaken during the year to reduce the volume and toxicity of the
1249
waste generated;
1250
1251
i)
For generators that treat, store or dispose of hazardous waste on-site, a description
1252
of the changes in volume and toxicity of waste actually achieved during the year
1253
in comparison to previous years, to the extent such information is available for
1254
years prior to 1984; and
1255
1256
j)
The certification signed by the owner or operator of the facility or the owner or
1257
operator's authorized representative.
1258
1259 BOARD NOTE: Corresponc
40 CFR 264.75 requires biennial reporting. The Board has
1260
required annual reporting, since Section 20.1 of the Act [415 ILCS 5/20.1 (2006)] requires the
1261
Agency to assemble annual reports, and only annual facility activities reports will enable the
1262 Agency to fulfill this mandate.
1263
1264
(Source: Amended at 32 Ill. Reg.
, effective
)
1265
1266
Section
724.176
Unmanifested Waste Report
1267
1268
a)
The following requirements apply until September 5, 2005: If a facility accepts
1269
for tr utment, storage, or disposal any hazardous waste from an off site source
1270
without an accompanying manifest, or without an accompanying shipping paper
1271
as described in 35 Ill. Adm. Code 723.120(e)(2 ,
1272
from the manifest requirement by 35 Ill. Adm. Code 721.105, then the owner or
1273
operator must prepare and submit a single copy of a report to the Agency within
1274
15 days after receiving the waste. The unmanifested waste report must be
1275
submitted on EPA form 8700 13B. Such report must be designated
1276
"Unmanifcstcd Waste Report" and include the following information:
1277
1278
1279
1280
1281
1282
--
-' • : - -
1283
the transporter, if available;
1284
1285
1286
1287
1288
5)
The method of treatment, storage, or disposal for ch hazardous waste;
1289
. C 2
The USEPA identification number, name, and address of the facility;
2)
The date the facility received the waste;
4)
A description and the quantity of each unmanifested hazardous waste and
facility received;
JCAR350724-0805228r01
1290
The certification signed by the owner or operator of the facility or the
1291
owner or operator's authorized representative; and
1292
1293
7-)
A brief explanation of why the waste was unmanifestcd, if known.
1294
1295
at>)
1 9?
If a facility
1296
accepts for treatment, storage, or disposal any hazardous waste from an off-site
1297
source without an accompanying manifest, or without an accompanying shipping
1298
paper, as described by 35 Ill. Adm. Code 723.120(e), and if the waste is not
1299
excluded from the manifest requirement by 35 Ill. Adm. Code 260 through 265,
1300
then the owner or operator must prepare and submit a letter to the Agency within
1301
15 days after receiving the waste. The unmanifested waste report must contain
1302
the following information:
1303
1304
1)
The USEPA identification number, name, and address of the facility;
1305
1306
2)
The date the facility received the waste;
1307
1308
3)
The USEPA identification number, name, and address of the generator and
1309
the transporter, if available;
1310
1311
4)
A description and the quantity of each unmanifested hazardous waste the
1312
facility received;
1313
1314
5)
The method of treatment, storage, or disposal for each hazardous waste;
1315
1316
6)
The certification signed by the owner or operator of the facility or its
1317
authorized representative; and
1318
1319
7)
A brief explanation of why the waste was unmanifested, if known.
1320
1321
This subsection (b) corresponds with 40 CFR 264.76(b), which USEPA has
1322
marked "reserved." This statement maintains structural consistency with the
1323
corresponding federal regulations.
1324
1325
BOARD NOTE: Small quantities of hazardous waste are excluded from regulation under
1326
this Part and do not require a manifest. Where a facility receives unmanifested hazardous
1327
wastes, USEPA has suggested that the owner or operator obtain from each generator a
1328
certification that the waste qualifies for exclusion. Otherwise, USEPA has suggested that
1329
the owner or operator file an unmanifested waste report for the hazardous waste
1330
movement. Subsection (a) is derived from 40 CFR 264.76 (2004), effective until
1331
September 5, 2006.
1332
September 5, 2006.
- I
. '
11
JCAR3 50724-0805228r01
1333
1334
(Source: Amended at 32 Ill. Reg.
, effective
)
1335
1336
SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS
1337
1338
Section 724.197 General Groundwater Monitoring Requirements
1339
1340 The owner or operator must comply with the following requirements for any groundwater
1341
monitoring program developed to satisfy Section 724.198, 724.199, or 724.200.
1342
1343
a)
The groundwater monitoring system must consist of a sufficient number of wells,
1344
installed at appropriate locations and depths to yield groundwater samples from
1345
the uppermost aquifer that fulfill the following requirements:
1346
1347
1)
They represent the quality of background
groundwaterwater
that has not
1348
been affected by leakage from a regulated unit. A determination of
1349
background
groundwater
quality may include sampling of wells that are
1350
not hydraulically upgradient from the waste management area where the
1351
following is true:
1352
1353
A)
Hydrogeologic conditions do not allow the owner or operator to
1354
determine what wells are upgradient; or
1355
1356
B)
Sampling at other wells will provide an indication of background
1357
groundwater quality that is as representative or more representative
1358
than that provided by the upgradient wells;
1359
1360
2)
They represent the quality of groundwater passing the point of
1361
compliance; and
1362
1363
3)
They allow for the detection of contamination when hazardous waste or
1364
hazardous constituents have migrated from the hazardous waste
1365
management area to the uppermost aquifer.
1366
1367
b)
If a facility contains more than one regulated unit, separate groundwater
1368
monitoring systems are not required for each regulated unit provided that
1369
provisions for sampling the groundwater in the uppermost aquifer will enable
1370
detection and measurement at the compliance point of hazardous constituents
1371
from the regulated units that have entered the groundwater in the uppermost
1372
aquifer.
1373
1374
c)
All monitoring wells must be cased in a manner that maintains the integrity of the
1375
monitoring well bore hole. This casing must be screened or perforated and
JCAR350724-0805228r01
1376
packed with gravel or sand, where necessary, to enable collection of groundwater
1377
samples. The annular space (i.e., the space between the bore hole and well
1378
casing) above the sampling depth must be sealed to prevent contamination of
1379
samples and the groundwater.
1380
1381
d)
The groundwater monitoring program must include consistent sampling and
1382
analysis procedures that are designed to ensure monitoring results that provide a
1383
reliable indication of groundwater quality below the waste management area. At
1384
a minimum the program must include procedures and techniques for the
1385
following:
1386
1387 1)
Sample collection;
1388
1389
2)
Sample preservation and shipment;
1390
1391
3)
Analytical procedures; and
1392
1393 4)
Chain of custody control.
1394
1395
e)
The groundwater monitoring program must include sampling and analytical
1396
methods that are appropriate for groundwater sampling and that accurately
1397
measure hazardous constituents in groundwater samples.
1398
1399
f)
The groundwater monitoring program must include a determination of the
1400
groundwater surface elevation each time groundwater is sampled.
1401
1402
g)
In detection monitoring or where appropriate in compliance monitoring, data on
1403
each hazardous constituent specified in the permit will be collected from
1404
background wells and wells at the compliance points. The number and kinds of
1405
samples collected to establish background must be appropriate for the form of
1406
statistical test employed, following generally accepted statistical principles. The
1407
sample size must be as large as necessary to ensure with reasonable confidence
1408
that a contaminant release to groundwater from a facility will be detected. The
1409
owner or operator will determine an appropriate sampling procedure and interval
1410
for each hazardous constituent listed in the facility permit that must be specified
1411
in the unit permit upon approval by the Agency. This sampling procedure must
1412
fulfill the following requirements:
1413
1414
1)
It may be a sequence of at least four samples, taken at an interval that
1415
assures, to the greatest extent technically feasible, that an independent
1416
sample is obtained, by reference to the uppermost aquifer's effective
1417
porosity, hydraulic conductivity and hydraulic gradient, and the fate and
1418
transport characteristics of the potential contaminants; or
JCAR350724-0805228r01
1419
1420
2)
It may be an alternate sampling procedure proposed by the owner or
1421
operator and approved by the Agency.
1422
1423 h)
The owner or operator must specify one of the following statistical methods to be
1424
used in evaluating groundwater monitoring data for each hazardous constituent
1425
that, upon approval by the Agency, will be specified in the unit pennit. The
1426
statistical test chosen must be conducted separately for each hazardous constituent
1427
in each well. Where practical quantification limits (pqls) are used in any of the
1428
following statistical procedures to comply with subsection (i)(5) of this Section,
1429
the pql must be proposed by the owner or operator and approved by the Agency.
1430
Use of any of the following statistical methods must adequately protect human
1431
health and the environment and must comply with the performance standards
1432
outlined in subsection (i) of this Section.
1433
1434
1)
A parametric analysis of variance (ANOVA) followed by multiple
1435
comparisons procedures to identify statistically significant evidence of
1436
contamination. The method must include estimation and testing of the
1437
contrasts between each compliance well's mean and the background mean
1438
levels for each constituent.
1439
1440
2)
An analysis of variance (ANOVA) based on ranks followed by multiple
1441
comparisons procedures to identify statistically significant evidence of
1442
contamination. The method must include estimation and testing of the
1443
contrasts between each compliance well's median and the background
1444
median levels for each constituent.
1445
1446
3)
A tolerance or prediction interval procedure in which an interval for each
1447
constituent is established from the distribution of the background data, and
1448
the level of each constituent in each compliance well is compared to the
1449
upper tolerance or prediction limit.
1450
1451
4)
A control chart approach that gives control limits for each constituent.
1452
1453
5)
Another statistical test method submitted by the owner or operator and
1454
approved by the Agency.
1455
1456
i)
Any statistical method chosen pursuant to subsection (h) of this Section for
1457
specification in the unit permit must comply with the following performance
1458
standards, as appropriate:
1459
1460
1)
The statistical method used to evaluate groundwater monitoring data must
1461
be appropriate for the distribution of chemical parameters or hazardous
JCAR350724-0805228r01
1462
constituents. If the distribution of the chemical parameters or hazardous
1463
constituents is shown by the owner or operator to be inappropriate for a
1464
normal theory test, then the data should be transformed or a distribution-
1465
free theory test should be used. If the distributions for the constituents
1466
differ, more than one statistical method may be needed.
1467
1468
2)
If an individual well comparison procedure is used to compare an
1469
individual compliance well constituent concentration with background
1470
constituent concentrations or a groundwater protection standard, the test
1471
must be done at a Type I error level no less than 0.01 for each testing
1472
period. If a multiple comparisons procedure is used, the Type I
1473
experimentwise error rate for each testing period must be no less than
1474
0.05; however, the Type I error of no less than 0.01 for individual well
1475
comparisons must be maintained. This perfounance standard does not
1476
apply to tolerance intervals, prediction intervals or control charts.
1477
1478
3)
If a control chart approach is used to evaluate groundwater monitoring
1479
data, the specific type of control chart and its associated parameter value
1480
must be proposed by the owner or operator and approved by the Agency if
1481
the Agency finds it to adequately protect human health and the
1482
environment.
1483
1484
4)
If a tolerance interval or a prediction interval is used to evaluate
1485
groundwater monitoring data, the levels of confidence and, for tolerance
1486
intervals, the percentage of the population that the interval must contain,
1487
must be proposed by the owner or operator and approved by the Agency if
1488
the Agency finds these parameters to adequately protect human health and
1489
the environment. These parameters will be determined after considering
1490
the number of samples in the background database, the data distribution,
1491
and the range of the concentration values for each constituent of concern.
1492
1493
5)
The statistical method must account for data below the limit of detection
1494
with one or more statistical procedures that adequately protect human
1495
health and the environment. Any practical quantification limit (pql)
1496
approved by the Agency pursuant to subsection (h) of this Section that is
1497
used in the statistical method must be the lowest concentration level that
1498
can be reliably achieved within specified limits of precision and accuracy
1499
during routine laboratory operating conditions that are available to the
1500
facility.
1501
1502
6)
If necessary, the statistical method must include procedures to control or
1503
correct for seasonal and spatial variability, as well as temporal correlation
1504
in the data.
JCAR350724-0805228r01
1505
1506
j)
Groundwater monitoring data collected in accordance with subsection (g) of this
1507
Section, including actual levels of constituents, must be maintained in the facility
1508
operating record. The Agency must specify in the permit when the data must be
1509
submitted for review.
1510
1511
(Source: Amended at 32 Ill. Reg.
, effective )
1512
1513
Section 724.198 Detection Monitoring Program
1514
1515 An owner or operator required to establish a detection monitoring program under this Subpart F
1516
must, at a minimum, discharge the following responsibilities:
1517
1518
a)
The owner or operator must monitor for indicator parameters (e.g., specific
1519
conductance, total organic carbon, or total organic halogen), waste constituents or
1520
reaction products that provide a reliable indication of the presence of hazardous
1521
constituents in groundwater. The Agency must specify the parameters or
1522
constituents to be monitored in the facility permit, after considering the following
1523
factors:
1524
1525
1)
The types, quantities, and concentrations of constituents in wastes
1526
managed at the regulated unit;
1527
1528
2)
The mobility, stability, and persistence of waste constituents or their
1529
reaction products in the unsaturated zone beneath the waste management
1530
area;
1531
1532
3)
The detectability of indicator parameters, waste constituents, and reaction
1533
products in groundwater; and
1534
1535
4)
The concentrations or values and coefficients of variation of proposed
1536
monitoring parameters or constituents in the groundwater background.
1537
1538
b)
The owner or operator must install a groundwater monitoring system at the
1539
compliance point as specified under Section 724.195. The groundwater
1540
monitoring system must comply with Sections 724.197(a)(2), 724.197(b), and
1541
724.197(c).
1542
1543
c)
The owner or operator must conduct a groundwater monitoring program for each
1544
chemical parameter and hazardous constituent specified in the permit pursuant to
1545
subsection (a) of this Section in accordance with Section 724.197(g). The owner
1546
or operator must maintain a record of groundwater analytical data as measured
1547
and in a form necessary for the determination of statistical significance under
JCAR350724-0805228r01
1548
Section 724.197(h).
1549
1550
d)
The Agency must specify the frequencies for collecting samples and conducting
1551
statistical tests to determine whether there is statistically significant evidence of
1552
contamination for any parameter or hazardous constituent specified in the permit
1553
conditions under subsection (a) of this Section in accordance with Section
1554
724.197(g). A sequence of at 1 st four samples from ach well (background and
1555
compliance wells) must be collected at 1 st semi annually during detection
1556
meniteFing,.
1557
1558
e)
The owner or operator must determine the groundwater flow rate and direction in
1559
the uppermost aquifer at least annually.
1560
1561 f)
The owner or operator must determine whether there is statistically significant
1562
evidence of contamination for any chemical parameter or hazardous constituent
1563
specified in the permit pursuant to subsection (a) of this Section at a frequency
1564
specified under subsection (d) of this Section.
1565
1566
1)
In deteimining whether statistically significant evidence of contamination
1567
exists, the owner or operator must use the methods specified in the permit
1568
under Section 724.197(h). These methods must compare data collected at
1569
the compliance points to the background groundwater quality data.
1570
1571
2)
The owner or operator must determine whether there is statistically
1572
significant evidence of contamination at each monitoring well at the
1573
compliance point within a reasonable period of time after completion of
1574
sampling. The Agency must specify in the facility permit what period of
1575
time is reasonable, after considering the complexity of the statistical test
1576
and the availability of laboratory facilities to perform the analysis of
1577
groundwater samples.
1578
1579
If the owner or operator determines pursuant to subsection (f) of this Section that
1580
there is statistically significant evidence of contamination for chemical parameters
1581
or hazardous constituents specified pursuant to subsection (a) of this Section at
1582
any monitoring well at the compliance point, the owner or operator must do the
1583
following:
1584
1585
1)
Notify the Agency of this finding in writing within seven days. The
1586
notification must indicate what chemical parameters or hazardous
1587
constituents have shown statistically significant evidence of
1588
contamination.
1589
1590
2)
Immediately sample the groundwater in all monitoring wells and
JCAR350724-0805228r01
1591
determine whether constituents in the list of Appendix I of this Part are
1592
present, and if so, in what concentration. However, the Agency must
1593
allow sampling for a site-specific subset of constituents from the
1594
Appendix I list of this Part and for other representative or related waste
1595
constituents if it determines that sampling for that site-specific subset of
1596
contaminants and other constituents is more economical and equally
1597
effective for deteunining whether groundwater contamination has
1598
occurred.
1599
1600
3)
For any compounds in Appendix I of this Part found in the analysis
1601
pursuant to subsection (g)(2) of this Section, the owner or operator may
1602
resample within one month or at an alternative site-specific schedule
1603
approved by the Agency and repeat the analysis for those compounds
1604
detected. If the results of the second analysis confirm the initial results,
1605
then these constituents will form the basis for compliance monitoring. If
1606
the owner or operator does not resample for the compounds set forth
1607
infound pursuant to subsection (g)(2) of this Section, the hazardous
1608
constituents found during this initial Appendix I analysis will form the
1609
basis for compliance monitoring.
1610
1611
4)
Within 90 days, submit to the Agency an application for a permit
1612
modification to establish a compliance monitoring program meeting the
1613
requirements of Section 724.199. The application must include the
1614
following information:
1615
1616
A)
An identification of the concentration of any constituent in
1617
Appendix I of this Part detected in the groundwater at each
1618
monitoring well at the compliance point;
1619
1620
B)
Any proposed changes to the groundwater monitoring system at
1621
the facility necessary to meet the requirements of Section 724.199;
1622
1623
C)
Any proposed additions or changes to the monitoring frequency,
1624
sampling and analysis procedures or methods, or statistical
1625
methods used at the facility necessary to meet the requirements of
1626
Section 724.199;
1627
1628
D)
For each hazardous constituent detected at the compliance point, a
1629
proposed concentration limit under Section 724.194(a)(1) or (a)(2),
1630
or a notice of intent to seek an alternate concentration limit under
1631
Section 724.194(b).
1632
1633
5)
Within 180 days, submit the following to the Agency:
JCAR350724-0805228r01
1634
1635
A)
All data necessary to justify an alternate concentration limit sought
1636
under Section 724.194(b); and
1637
1638
B)
An engineering feasibility plan for a corrective action program
1639
necessary to meet the requirement of Section 724.200, unless the
1640
following is true:
1641
1642
i)
All hazardous constituents identified under subsection
1643
(g)(2) of this Section are listed in Table 1 of Section
1644
724.194 and their concentrations do not exceed the
1645
respective values given in that table; or
1646
1647
ii)
The owner or operator has sought an alternate
1648
concentration limit under Section 724.194(b) for every
1649
hazardous constituent identified under subsection (g)(2) of
1650
this Section.
1651
1652
6)
If the owner or operator determines, pursuant to subsection (f) of this
1653
Section, that there is a statistically significant difference for chemical
1654
parameters or hazardous constituents specified pursuant to subsection (a)
1655
of this Section at any monitoring well at the compliance point, the owner
1656
or operator may demonstrate that a source other than a regulated unit
1657
caused the contamination or that the detection is an artifact caused by an
1658
error in sampling, analysis or statistical evaluation, or natural variation in
1659
the groundwater. The owner or operator may make a demonstration under
1660
this subsection (g) in addition to, or in lieu of, submitting a permit
1661
modification application under subsection (g)(4) of this Section; however,
1662
the owner or operator is not relieved of the requirement to submit a permit
1663
modification application within the time specified in subsection (g)(4) of
1664
this Section unless the demonstration made under this subsection (g)
1665
successfully shows that a source other than a regulated unit caused the
1666
increase, or that the increase resulted from error in sampling, analysis or
1667
evaluation. In making a demonstration under this subsection (g), the
1668
owner or operator must do the following:
1669
1670
A)
Notify the Agency in writing, within seven days of determining
1671
statistically significant evidence of contamination at the
1672
compliance point, that the owner or operator intends to make a
1673
demonstration under this subsection (g);
1674
1675
B)
Within 90 days, submit a report to the Agency that demonstrates
1676
that a source other than a regulated unit caused the contamination
JCAR350724-0805228r01
1677
or that the contamination resulted from error in sampling, analysis,
1678
or evaluation;
1679
1680
C)
Within 90 days, submit to the Agency an application for a permit
1681
modification to make any appropriate changes to the detection
1682
monitoring program facility; and
1683
1684
D)
Continue to monitor in accordance with the detection monitoring
1685
program established under this Section.
1686
1687
h)
If the owner or operator determines that the detection monitoring program no
1688
longer satisfies the requirements of this Section, the owner or operator must,
1689
within 90 days, submit an application for a permit modification to make any
1690
appropriate changes to the program.
1691
1692 (Source: Amended at 32 Ill. Reg.
, effective )
1693
1694
Section 724.199 Compliance Monitoring Program
1695
1696 An owner or operator required to establish a compliance monitoring program under this Subpart
1697
F must, at a minimum, discharge the following responsibilities:
1698
1699
a)
The owner or operator must monitor the groundwater to determine whether
1700
regulated units are in compliance with the groundwater protection standard under
1701
Section 724.192. The Agency must specify the groundwater protection standard
1702
in the facility permit, including the following:
1703
1704
1)
A list of the hazardous constituents identified under Section 724.193;
1705
1706
2)
Concentration limits under Section 724.194 for each of those hazardous
1707
constituents;
1708
1709
3)
The compliance point under Section 724.195; and
1710
1711
4)
The compliance period under Section 724.196.
1712
1713
b)
The owner or operator must install a groundwater monitoring system at the
1714
compliance point as specified under Section 724.195. The groundwater
1715
monitoring system must comply with Section 724.197(a)(2), 724.197(b), and
1716
724.197(c).
1717
1718
c)
The Agency must specify the sampling procedures and statistical methods
1719
appropriate for the constituents and facility, consistent with Section 724.197(g)
JCAR350724-0805228r01
1720 and (h).
1721
1722
1)
The owner or operator must conduct a sampling program for each
1723
chemical parameter or hazardous constituent in accordance with Section
1724
724.297(g).
1725
1726
2)
The owner or operator must record groundwater analytical data as
1727
measured and in a form necessary for the determination of statistical
1728
significance under Section 724.197(h) for the compliance period of the
1729
facility.
1730
1731 d)
The owner or operator must deteii
fine whether there is statistically significant
1732
evidence of increased contamination for any chemical parameter or hazardous
1733
constituent specified in the permit, pursuant to subsection (a) of this Section, at a
1734
frequency specified under subsection (f) of this Section.
1735
1736
1)
In determining whether statistically significant evidence of increased
1737
contamination exists, the owner or operator must use the methods
1738
specified in the permit under Section 724.197(h). The methods must
1739
compare data collected at the compliance points to a concentration limit
1740
developed in accordance with Section 724.194.
1741
1742
2)
The owner or operator must determine whether there is statistically
1743
significant evidence of increased contamination at each monitoring well at
1744
the compliance point within a reasonable time period after completion of
1745
the sampling. The Agency must specify that time period in the facility
1746
permit, after considering the complexity of the statistical test and the
1747
availability of laboratory facilities to perfolin the analysis of groundwater
1748
samples.
1749
1750
e)
The owner or operator must determine the groundwater flow rate and direction in
1751
the uppermost aquifer at least annually.
1752
1753
f)
1754
1755
1756
1757
1758
1759
g)
The owner or operator must annually
1760
1761
least annually to determine whether additional hazardous constituents from
1762
Appendix I of this Part, which could possibly be present but are not on the
The Agency must specify the frequencies for collecting samples and conducting
statistical tests to determine statistically significant evidence of increased
contamination in accordance with Section 724.197(g).-A--setiencc of at 1 st four
samples from ch well (background and compliance wells) must be collected at
1 st semi annually during the compliance period for the facility.
JCAR350724-0805228r01
detection monitoring list in the pelt
lit, are actually present in the uppermost
aquifer and, if so, at what concentration, pursuant to procedures in Section
724.198(f). To accomplish this, the owner or operator must consult with the
Agency to determine the following on a case-by-case basis: which sample
collection event during the year will involve enhanced sampling; the number of
monitoring wells at the compliance point to undergo enhanced sampling; the
number of samples to be collected from each of these monitoring wells; and, the
specific constituents from Appendix I of this Part for which these samples must
be analyzed. If the enhanced sampling event indicates that Appendix I
constituents are present in the ground water that are not already identified in the
permit as monitoring constituents, the owner or operator may resample within one
month or at an alternative site-specific schedule approved by the Agency, and
repeat the analysis. If the second analysis confirms the presence of new
constituents, the owner or operator must report the concentration of these
additional constituents to the Agency within seven days after the completion of
the second analysis and add them to the monitoring list. If the owner or operator
chooses not to resample, then it must report the concentrations of these additional
constituents to the Agency within seven days after completion of the initial
analysis, and add them to the monitoring list. If the owner or operator finds
Part in the groundwater that arc not alr dy
one month and repeat the Appendix I analysis. If the second analysis confirms
after the completion of the second analysis, and add them to the monitoring list.
1763
1764
1765
1766
1767
1768
1769
1770
1771
1772
1773
1774
1775
1776
1777
1778
1779
1780
1781
1782
1783
1784
1785
1786
1787
1788
1789
1790
""
*••"" *
tC" . C?
'CS "
report the concentrations of these additional constituents to the Agency within
1791 list.
1792
1793 h)
If the owner or operator determines, pursuant to subsection (d) of this Section that
1794
any concentration limits under Section 724.194 are being exceeded at any
1795
monitoring well at the point of compliance, the owner or operator must do the
1796
following:
1797
1798
1)
Notify the Agency of this finding in writing within seven days. The
1799
notification must indicate what concentration limits have been exceeded.
1800
1801
2)
Submit to the Agency an application for a permit modification to establish
1802
a corrective action program meeting the requirements of Section 724.200
1803
within 180 days, or within 90 days if an engineering feasibility study has
1804
been previously submitted to the Agency under Section
1805
724.198(g)(5)724.198(h)(5). The application must at a minimum include
JCAR350724-0805228r01
1806
the following information:
1807
1808
A)
A detailed description of corrective actions that will achieve
1809
compliance with the groundwater protection standard specified in
1810
the pefinit under subsection (a) of this Section; and
1811
1812
B)
A plan for a groundwater monitoring program that will
1813
demonstrate the effectiveness of the corrective action. Such a
1814
groundwater monitoring program may be based on a compliance
1815
monitoring program developed to meet the requirements of this
1816
Section.
1817
1818 i)
If the owner or operator determines, pursuant to subsection (d) of this Section,
1819
that the groundwater concentration limits under this Section are being exceeded at
1820
any monitoring well at the point of compliance, the owner or operator may
1821
demonstrate that a source other than a regulated unit caused the contamination or
1822
that the detection is an artifact caused by an error in sampling, analysis, or
1823
statistical evaluation, or natural variation in groundwater. In making a
1824
demonstration under this subsection (i), the owner or operator must do the
1825 following:
1826
1827
1)
Notify the Agency in writing within seven days that it intends to make a
1828
demonstration under this subsection (i);
1829
1830
2)
Within 90 days, submit a report to the Agency that demonstrates that a
1831
source other than a regulated unit caused the standard to be exceeded or
1832
that the apparent noncompliance with the standards resulted from error in
1833
sampling, analysis or evaluation;
1834
1835
3)
Within 90 days, submit to the Agency an application for a permit
1836
modification to make any appropriate changes to the compliance
1837
monitoring program at the facility; and
1838
1839
4)
Continue to monitor in accord with the compliance monitoring program
1840
established under this Section.
1841
1842
If the owner or operator determines that the compliance monitoring program no
1843
longer satisfies the requirements of this Section, the owner or operator must,
1844
within 90 days, submit an application for a peimit modification to make any
1845
appropriate changes to the program.
1846
1847
(Source: Amended at 32 Ill. Reg.
, effective
)
1848
JCAR350724-0805228r01
1849
Section 724.200 Corrective Action Program
1850
1851
An owner or operator required to establish a corrective action program pursuant to this Subpart F
1852
must, at a minimum, discharge the following responsibilities:
1853
1854
a)
The owner or operator must take corrective action to ensure that regulated units
1855
are in compliance with the groundwater protection standard pursuant to Section
1856
724.192. The Agency must specify the groundwater protection standard in the
1857
facility permit, including the following:
1858
1859
1)
A list of the hazardous constituents identified pursuant to Section 724.193;
1860
1861
2)
Concentration limits pursuant to Section 724.194 for each of those
1862
hazardous constituents;
1863
1864
3)
The compliance point pursuant to Section 724.195; and
1865
1866
4)
The compliance period pursuant to Section 724.196.
1867
1868
b)
The owner or operator must implement a corrective action program that prevents
1869
hazardous constituents from exceeding their respective concentration limits at the
1870
compliance point by removing the hazardous waste constituents or treating them
1871
in place. The permit will specify the specific measures that must be taken.
1872
1873
c)
The owner or operator must begin corrective action within a reasonable time
1874
period after the groundwater protection standard is exceeded. The Agency must
1875
specify that time period in the facility permit. If a facility permit includes a
1876
corrective action program in addition to a compliance monitoring program, the
1877
permit will specify when the corrective action must begin and such a requirement
1878
will operate in lieu of Section 724.199(i)(2).
1879
1880
d)
In conjunction with a corrective action program, the owner or operator must
1881
establish and implement a groundwater monitoring program to demonstrate the
1882
effectiveness of the corrective action program. Such a monitoring program may
1883
be based on the requirements for a compliance monitoring program pursuant to
1884
Section 724.199 and must be as effective as that program in determining
1885
compliance with the groundwater protection standard pursuant to Section 724.192
1886
and in determining the success of a corrective action program pursuant to
1887
subsection (e) of this Section where appropriate.
1888
1889
e)
In addition to the other requirements of this Section, the owner or operator must
1890
conduct a corrective action program to remove or treat in place any hazardous
1891
constituents pursuant to Section 724.193 that exceed concentration limits pursuant
JCAR350724-0805228r01
1892
to Section 724.194 in groundwater, as follows:
1893
1894
1)
At the following locations:
1895
1896
A)
Between the compliance point pursuant to Section 724.195 and the
1897
downgradient facility property boundary; and
1898
1899
B)
Beyond the facility boundary, where necessary to adequately
1900
protect human health and the environment, unless the owner or
1901
operator demonstrates to the Agency that, despite the owner's or
1902
operator's best efforts, the owner or operator was unable to obtain
1903
the necessary permission to undertake such action. The owner and
1904
operator are not relieved of all responsibility to clean up a release
1905
that has migrated beyond the facility boundary where off-site
1906
access is denied. On-site measures to address such releases will be
1907
determined on a case-by-case basis.
1908
1909
2)
The permit will specify the following measures to be taken:
1910
1911
A)
Corrective action measures pursuant to this subsection (e) must be
1912
initiated and completed within a reasonable period of time
1913
considering the extent of contamination.
1914
1915
B)
Corrective action measures pursuant to this subsection (e) may be
1916
terminated once the concentration of hazardous constituents
1917
pursuant to Section 724.193 is reduced to levels below their
1918
respective concentration limits pursuant to Section 724.194.
1919
1920
The owner or operator must continue corrective action measures during the
1921
compliance period to the extent necessary to ensure that the groundwater
1922
protection standard is not exceeded. If the owner or operator is conducting
1923
corrective action at the end of the compliance period, the owner or operator must
1924
continue that corrective action for as long as necessary to achieve compliance
1925
with the groundwater protection standard. The owner or operator may terminate
1926
corrective action measures taken beyond the period equal to the active life of the
1927
waste management area (including the closure period) if the owner or operator
1928
can demonstrate, based on data from the groundwater monitoring program
1929
pursuant to subsection (d) of this Section, that the groundwater protection
1930
standard of Section 724.192 has not been exceeded for a period of three
1931
consecutive years.
1932
1933
The owner or operator must report in writing to the Agency on the effectiveness
1934
of the corrective action program. The owner or operator must submit these
JCAR350724-0805228r01
1935
reports annuallyscmi annually.
1936
1937
h)
If the owner or operator determines that the corrective action program no longer
1938
satisfies this Section, the owner or operator must, within 90 days, submit an
1939
application for a permit modification to make any appropriate changes to the
1940
program.
1941
1942
(Source: Amended at 32 Ill. Reg.
, effective )
1943
1944
SUBPART G: CLOSURE AND POST-CLOSURE CARE
1945
1946
Section 724.213 Closure; Time Allowed for Closure
1947
1948
a)
All permits must require that, within 90 days after receiving the final volume of
1949
hazardous waste, or the final volume of non-hazardous wastes, if the owner or
1950
operator complies with all the applicable requirements of subsections (d) and (e)
1951
of this Section, at a hazardous waste management unit or facility, the owner or
1952
operator treat, remove from the unit or facility, or dispose of on-site, all hazardous
1953
wastes in accordance with the approved closure plan, unless the owner or operator
1954
makes the following demonstration by way of permit application or modification
1955
application. The Agency must approve a longer period if the owner or operator
1956
demonstrates that the following is true:
1957
1958
1)
Either of the following:
1959
1960
A)
The activities required to comply with this subsection (a) will, of
1961
necessity, take longer than 90 days to complete; or
1962
1963
B)
All of the following is true:
1964
1965
i)
The hazardous waste management unit or facility has the
1966
capacity to receive additional hazardous wastes, or has the
1967
capacity to receive non-hazardous wastes, if the owner or
1968
operator complies with subsections (d) and (e) of this
1969
Section;
1970
1971
ii)
There is a reasonable likelihood that the owner or operator
1972
or another person will recommence operation of the
1973
hazardous waste management unit or facility within one
1974
year; and
1975
1976
iii)
Closure of the hazardous waste management unit or facility
1977
would be incompatible with continued operation of the site;
JCAR350724-0805228r01
1978
and
1979
1980
2)
The owner or operator has taken and will continue to take all steps to
1981
prevent threats to human health and the environment, including
1982
compliance with all applicable peiiiiit requirements.
1983
1984
b)
All permits must require that the owner or operator complete partial and final
1985
closure activities in accordance with the approved closure plan and within 180
1986
days after receiving the final volume of hazardous wastes, or the final volume of
1987
non-hazardous wastes, if the owner or operator complies with all applicable
1988
requirements in subsections (d) and (e) of this Section, at the hazardous waste
1989
management unit or facility, unless the owner or operator makes the following
1990
demonstration by way of permit application or modification application. The
1991
Agency must approve a longer closure period if the owner or operator
1992
demonstrates as follows:
1993
1994
1)
Either of the following:
1995
1996
A)
The partial or final closure activities will, of necessity, take longer
1997
than 180 days to complete; or
1998
1999
B)
All of the following:
2000
2001
i)
The hazardous waste management unit or facility has the
2002
capacity to receive additional hazardous wastes, or has the
2003
capacity to receive non-hazardous wastes, if the owner or
2004
operator complies with subsections (d) and (e) of this
2005
Section;
2006
2007
ii)
There is reasonable likelihood that the owner or operator
2008
will recommence operation of the hazardous waste
2009
management unit or facility within one year; and
2010
2011
iii)
Closure of the hazardous waste management unit or facility
2012
would be incompatible with continued operation of the site;
2013
and
2014
2015
2)
The owner and operator have taken and will continue to take all steps to
2016
prevent threats to human health and the environment from the unclosed
2017
but not operating hazardous waste management unit or facility including
2018
compliance with all applicable permit requirements.
2019
2020
c)
The demonstration referred to in subsections (a)(1) and (b)(1) of this Section must
JCAR350724-0805228r01
2021
be made as follows:
2022
2023
1)
The demonstration in subsection (a)(1) of this Section must be made at
2024
least 30 days prior to the expiration of the 90-day period in subsection (a)
2025
of this Section; and
2026
2027
2)
The demonstration in subsection (b)(1) of this Section must be made at
2028
least 30 days prior to the expiration of the 180-day period in subsection (b)
2029
of this Section, unless the owner or operator is otherwise subject to
2030
deadlines in subsection (d) of this Section.
2031
2032
d)
Continued receipt of non-hazardous waste. The Agency must permit an owner or
2033
operator to receive only non-hazardous wastes in a landfill, land treatment unit, or
2034
surface impoundment unit after the final receipt of hazardous wastes at that unit if
2035
the following is true:
2036
2037
1)
The owner or operator requests a pennit modification in compliance with
2038
all applicable requirements in 35 Ill. Adm. Code 702, 703, and 705, and in
2039
the permit modification request demonstrates the following:
2040
2041
A)
That the unit has the existing design capacity as indicated on the
2042
Part A application to receive non-hazardous wastes;
2043
2044
B)
That there is a reasonable likelihood that the owner or operator or
2045
another person will receive non-hazardous wastes in the unit
2046
within one year after the final receipt of hazardous wastes;
2047
2048
C)
That the non-hazardous wastes will not be incompatible with any
2049
remaining wastes in the unit, or with the facility design and
2050
operating requirements of the unit or facility pursuant to this Part;
2051
2052
D)
That closure of the hazardous waste management unit would be
2053
incompatible with continued operation of the unit or facility; and
2054
2055
E)
That the owner or operator is operating and will continue to
2056
operate in compliance with all applicable permit requirements;
2057
2058
2)
The request to modify the permit includes an amended waste analysis
2059
plan, groundwater monitoring and response program, human exposure
2060
assessment required pursuant to 35 Ill. Adm. Code 703.186, and closure
2061
and post-closure plans and updated cost estimates and demonstrations of
2062
financial assurance for closure and post-closure care, as necessary and
2063
appropriate, to reflect any changes due to the presence of hazardous
JCAR350724-0805228r01
2064
constituents in the non-hazardous wastes, and changes in closure
2065
activities, including the expected year of closure if applicable pursuant to
2066
Section 724.212(b)(7), as a result of the receipt of non-hazardous wastes
2067
following the final receipt of hazardous wastes;
2068
2069
3)
The request to modify the permit includes revisions, as necessary and
2070
appropriate, to affected conditions of the permit to account for the receipt
2071
of non-hazardous wastes following receipt of the final volume of
2072
hazardous wastes; and
2073
2074
4)
The request to modify the permit and the demonstrations referred to in
2075
subsections (d)(1) and (d)(2) of this Section are submitted to the Agency
2076
no later than 120 days prior to the date on which the owner or operator of
2077
the facility receives the known final volume of hazardous wastes at the
2078
unit or no later than 90 days after the effective date of this Section,
2079
whichever is later.
2080
2081
e)
Surface impoundments. In addition to the requirements in subsection (d) of this
2082
Section, an owner or operator of a hazardous waste surface impoundment that is
2083
not in compliance with the liner and leachate collection system requirements in
2084
Section 724.321(c), (d), or (e) must receive non-hazardous wastes only as
2085
authorized by an adjusted standard pursuant to this subsection (e).
2086
2087
1)
The petition for adjusted standard must include the following:
2088
2089
A)
A plan for removing hazardous wastes; and
2090
2091
B)
A contingent corrective measures plan.
2092
2093
2)
The removal plan must provide for the following:
2094
2095
A)
Removing all hazardous liquids; and
2096
2097
B)
Removing all hazardous sludges to the extent practicable without
2098
impairing the integrity of the liner or liners, if any; and
2099
2100
C)
Removal of hazardous wastes no later than 90 days after the final
2101
receipt of hazardous wastes. The Board will allow a longer time, if
2102
the owner or operator demonstrates the following:
2103
2104
i)
That the removal of hazardous wastes will, of necessity,
2105
take longer than the allotted period to complete; and
2106
JCAR350724-0805228r01
2107
ii)
That an extension will not pose a threat to human health
2108
and the environment.
2109
2110
3)
The following requirements apply to the contingent corrective measures
2111
plan:
2112
2113
A)
It must meet the requirements of a corrective action plan pursuant
2114
to Section 724.199, based upon the assumption that a release has
2115
been detected from the unit.
2116
2117
B)
It may be a portion of a corrective action plan previously submitted
2118
pursuant to Section 724.199.
2119
2120
C)
It may provide for continued receipt of non-hazardous wastes at
2121
the unit following a release only if the owner or operator
2122
demonstrates that continued receipt of wastes will not impede
2123
corrective action.
2124
2125
D)
It must provide for implementation within one year after a release,
2126
or within one year after the grant of the adjusted standard,
2127
whichever is later.
2128
2129
4)
Definition of "release." A release is defined as a statistically significant
2130
increase (or decrease in the case of pH) over background values for
2131
detection monitoring parameters or constituents specified in the permit, or
2132
over the facility's groundwater protection standard at the or over the
2133
facility's groundwater protection standard at the point of compliance, if
2134
applicable, detected in accordance with the requirements in Subpart F of
2135
this Part.
2136
2137
5)
In the event of a release, the owner or operator of the unit must do the
2138
following:
2139
2140
A)
Within 35 days, the owner or operator must file with the Board a
2141
petition for adjusted standard. If the Board finds that it is
2142
necessary to do so in order to adequately protect human health and
2143
the environment, the Board will modify the adjusted standard to
2144
require the owner or operator to fulfill the conditions of
2145
subsections (e)(5)(A)(i) and (e)(5) (A)(ii) of this Section. The
2146
Board will retain jurisdiction or condition the adjusted standard so
2147
as to require the filing of a new petition to address any required
2148
closure pursuant to subsection (e)(7) of this Section.
2149
JCAR350724-0805228r01
2150
i)
Begin to implement that corrective measures plan in less
2151
than one year; or
2152
2153
ii)
Cease the receipt of wastes until the plan has been
2154
implemented.
2155
2156
2157
2158
B)
The owner or operator must implement the contingent corrective
2159
measures plan.
2160
2161
C)
The owner or operator may continue to receive wastes at the unit if
2162
authorized by the approved contingent measures plan.
2163
2164
6)
AnnualSemi annual report. During the period of corrective action, the
2165
owner or operator must provide annualsemi annual reports to the Agency
2166
that do the following:
2167
2168
A)
They must describeDeseFibe the progress of the corrective action
2169
program;
2170
2171
B)
They must compileGenvile all groundwater monitoring data; and
2172
2173
C)
They must evaluateEvaluate the effect of the continued receipt of
2174
non-hazardous wastes on the effectiveness of the corrective action.
2175
2176
7)
Required closure. The owner or operator must commence closure of the
2177
unit in accordance with the closure plan and the requirements of this Part
2178
if the Board terminates the adjusted standard, or if the adjusted standard
2179
terminates pursuant to its terms.
2180
2181
A)
The Board will terminate the adjusted standard if the owner or
2182
operator failed to implement corrective action measures in
2183
accordance with the approved contingent corrective measures plan.
2184
2185
B)
The Board will terminate the adjusted standard if the owner or
2186
operator fails to make substantial progress in implementing the
2187
corrective measures plan and achieving the facility's groundwater
2188
protection standard, or background levels if the facility has not yet
2189
established a groundwater protection standard.
2190
2191
C)
The adjusted standard will automatically terminate if the owner or
2192
operator fails to implement the removal plan.
JCAR350724-0805228r01
2193
2194
D)
The adjusted standard will automatically terminate if the owner or
2195
operator fails to timely file a required petition for adjusted
2196
standard.
2197
2198
8)
Adjusted standard procedures. The following procedures must be used in
2199
granting, modifying or terminating an adjusted standard pursuant to this
2200
subsection (e).
2201
2202
A)
Except as otherwise provided, the owner or operator must follow
2203
the procedures of Section 28.1 of the Act [415 ILCS 5/28.1] and 35
2204
Ill. Adm. Code 101 and 104 to petition the Board for an adjusted
2205
standard.
2206
2207
B)
Initial justification. The Board will grant an adjusted standard
2208
pursuant to subsection (e)(1) of this Section if the owner or
2209
operator demonstrates that the removal plan and contingent
2210
corrective measures plans meet the requirements of subsections
2211
(e)(2) and (e)(3) of this Section.
2212
2213
C)
The Board will include the following conditions in granting an
2214
adjusted standard pursuant to subsection (e)(1) of this Section:
2215
2216
i)
A plan for removing hazardous wastes.
2217
2218
ii)
A requirement that the owner or operator remove hazardous
2219
wastes in accordance with the plan.
2220
2221
iii)
A contingent corrective measures plan.
2222
2223
iv)
A requirement that, in the event of a release, the owner or
2224
operator must do as follows: within 35 days, file with the
2225
Board a petition for adjusted standard; implement the
2226
corrective measures plan; and, file semi-annual reports with
2227
the Agency.
2228
2229
v)
A condition that the adjusted standard will terminate if the
2230
owner or operator fails to do as follows: implement the
2231
removal plan; or timely file a required petition for adjusted
2232
standard.
2233
2234
vi)
A requirement that, in the event the adjusted standard is
2235
terminated, the owner or operator must commence closure
JCAR350724-0805228r01
2236
of the unit in accordance with the requirements of the
2237
closure plan and this Part.
2238
2239
D)
Justification in the event of a release. The Board will modify or
2240
terminate the adjusted standard pursuant to a petition filed pursuant
2241
to subsection (e)(5)(A) of this Section, as provided in that
2242
subsection or in subsection (e)(7) of this Section.
2243
2244
9)
The Agency must modify the RCRA peimit to include the adjusted
2245
standard.
2246
2247
10)
The owner or operator may file a permit modification application with a
2248
revised closure plan within 15 days after an adjusted standard is
2249
terminated.
2250
2251
(Source: Amended at 32 Ill. Reg.
, effective
)
2252
2253
Section 724.215 Certification of Closure
2254
2255 Within 60 days after completion of closure of each hazardous waste surface impoundment, waste
2256 pile, land treatment, or landfill unit, and within 60 days after completion of final closure, the
2257 owner or operator must submit to the Agency, by registered mail, a certification that the
2258 hazardous waste management unit or facility, as applicable, has been closed in accordance with
2259 the specifications in the approved closure plan. The certification must be signed by the owner or
2260 operator and by a qualified Professional Engineerawindependent---registered professional
2261
engineer. Documentation supporting the Professional Engineer's
2262 professional engineer's certification must be furnished to the Agency upon request until the
2263 Agency releases the owner or operator from the financial assurance requirements for closure
2264 under Section 724.243(i).
2265
2266
(Source: Amended at 32 Ill. Reg.
, effective
)
2267
2268
Section 724.216 Survey Plat
2269
2270 No later than the submission of the certification of closure of each hazardous waste disposal unit,
2271
the owner or operator must submit to any local zoning authority or authority with jurisdiction
2272 over local land use and to the Agency and record with land titles, a survey plat indicating the
2273
location and dimensions of landfilllandfills cells or other hazardous waste disposal units with
2274 respect to permanently surveyed benchmarks. This plat must be prepared and certified by a
2275
professional land surveyor. The plat filed with the local zoning authority or the authority with
2276 jurisdiction over local land use must contain a note, prominently displayed, that states the
2277
owner's and operator's obligation to restrict disturbance of the hazardous waste disposal unit in
2278
accordance with the applicable regulations of Subpart G of this Part.
. . .
JCAR350724-0805228r01
2279
2280
(Source: Amended at 32 Ill. Reg.
, effective
)
2281
2282
Section 724.220 Certification of Completion of Post-Closure Care
2283
2284 No later than 60 days after completion of the established post-closure care period for each
2285
hazardous waste disposal unit, the owner or operator must submit to the Agency, by registered
2286
mail, a certification that the post-closure care period for the hazardous waste disposal unit was
2287 performed in accordance with the specifications in the approved post-closure plan. The
2288 certification must be signed by the owner or operator and a qualified Professional Engineeran
2289
•
. •
-
•
. Documentation supporting the Professional
2290
Engineer's
- - ..
: -
certification must be furnished to the
2291
Agency upon request until the Agency releases the owner or operator from the financial
2292
assurance requirements for post-closure care under Section 724.245(i).
2293
2294
(Source: Amended at 32 Ill. Reg.
, effective
)
2295
2296
2297
2298
Section 724.240 Applicability
2299
2300
a)
The requirements of Sections 724.242, 724.243, and 724.247 through 724.251
2301
apply to owners and operators of all hazardous waste facilities, except as provided
2302
otherwise in this Section or in Section 724.101.
2303
2304
b)
The requirements of Sections 724.244 and 724.245 apply only to owners and
2305
operators of the following:
2306
2307 1)
Disposal facilities;
2308
2309
2)
Piles, and surface impoundments from which the owner or operator
2310
intends to remove the wastes at closure, to the extent that Sections 724.244
2311
and 724.245 are made applicable to such facilities in Sections 724.328 and
2312
724.358;
2313
2314
3)
Tank systems that are required pursuant to Section 724.297 to meet the
2315
requirements for landfills; or
2316
2317
4)
Containment buildings that are required pursuant to Section 724.1102 to
2318
meet the requirements for landfills.
2319
2320
c)
The State and the federal government are exempt from the requirements of this
2321 Subpart H.
SUBPART H: FINANCIAL REQUIREMENTS
JCAR3 50724-0805228r01
2322
2323
d)
A permit or enforceable document can contain alternative requirements that
2324
replace all or part of the financial assurance requirements of this Subpart H
2325
applying to a regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the
2326
Board or Agency has done the following:
2327
2328
1)
The Board or Agency has established alternative requirements for the
2329
regulated unit established pursuant to Section 724.190(f) or
2330
724.210(c)724.210(d); and
2331
2332
2)
The Board or Agency determines that it is not necessary to apply the
2333
financial assurance requirements of this Subpart H because the alternative
2334
financial assurance requirements will adequately protect human health and
2335
the environment.
2336
2337
(Source: Amended at 32 Ill. Reg.
, effective )
2338
2339
Section 724.243 Financial Assurance for Closure
2340
2341
An owner or operator of each facility must establish financial assurance for closure of the
2342
facility. The owner or operator must choose from the options that are specified in subsections (a)
2343
through (f) of this Section.
2344
2345 a)
Closure trust fund.
2346
2347
1)
An owner or operator may satisfy the requirements of this Section by
2348
establishing a closure trust fund that conforms to the requirements of this
2349
subsection (a) and submitting an original signed duplicate of the trust
2350
agreement to the Agency. An owner or operator of a new facility must
2351
submit the original signed duplicate of the trust agreement to the Agency
2352
at least 60 days before the date on which hazardous waste is first received
2353
for treatment, storage or disposal. The trustee must be an entity that has
2354
the authority to act as a trustee and whose trust operations are regulated
2355
and examined by a federal or State agency.
2356
2357
2)
The wording of the trust agreement must be that specified in Section
2358
724.251 and the trust agreement must be accompanied by a formal
2359
certification of acknowledgment (as specified in Section 724.251).
2360
Schedule A of the trust agreement must be updated within 60 days after a
2361
change in the amount of the current closure cost estimate covered by the
2362
agreement.
2363
2364
3)
Payments into the trust fund must be made annually by the owner or
JCAR350724-0805228r01
2365
operator over the tenti of the initial RCRA permit or over the remaining
2366
operating life of the facility as estimated in the closure plan, whichever
2367
period is shorter; this period is hereafter referred to as the "pay-in period."
2368
The payments into the closure trust fund must be made as follows:
2369
2370
A)
For a new facility, the first payment must be made before the
2371
initial receipt of hazardous waste for treatment, storage, or
2372
disposal. A receipt from the trustee for this payment must be
2373
submitted by the owner or operator to the Agency before this
2374
initial receipt of hazardous waste. The first payment must be at
2375
least equal to the current closure cost estimate, except as provided
2376
in subsection (g) of this Section, divided by the number of years in
2377
the pay-in period. Subsequent payments must be made no later
2378
than 30 days after each anniversary date of the first payment. The
2379
amount of each subsequent payment must be determined by the
2380
following formula:
2381
2382
Next Payment – (CE – CV )
2383
Where:
2384
CE = the current closure cost estimate
CV = the current value of the trust fund
Y
= the number of years remaining in the pay-in period.
2385
2386
B)
If an owner or operator establishes a trust fund as specified in 35
2387
Ill. Adm. Code 725.243(a) and the value of that trust fund is less
2388
than the current closure cost estimate when a permit is awarded for
2389
the facility, the amount of the current closure cost estimate still to
2390
be paid into the trust fund must be paid in over the pay-in period as
2391
defined in subsection (a)(3) of this Section. Payments must
2392
continue to be made no later than 30 days after each anniversary
2393
date of the first payment made pursuant to 35 Ill. Adm. Code 725.
2394
The amount of each payment must be determined by the following
2395
formula:
2396
2397
Next Payment
Y
2398
2399
2400
Where:
CE = the current closure cost estimate
CV = the current value of the trust fund
Y
(CE – CV)
JCAR350724-0805228r01
Y
= the number of years remaining in the pay-in period.
2401
2402
2403
4)
The owner or operator may accelerate payments into the trust fund or may
2404
deposit the full amount of the current closure cost estimate at the time the
2405
fund is established. However, the owner or operator must maintain the
2406
value of the fund at no less than the value that the fund would have if
2407
annual payments were made as specified in subsection (a)(3) of this
2408
Section.
2409
2410
5)
If the owner or operator establishes a closure trust fund after having used
2411
one or more alternate mechanisms specified in this Section or in 35 Ill.
2412
Adm. Code 725.243, its first payment must be in at least the amount that
2413
the fund would contain if the trust fund were established initially and
2414
annual payments made according to specifications of this subsection (a)
2415
and 35 Ill. Adm. Code 725.243, as applicable.
2416
2417
6)
After the pay-in period is completed, whenever the current closure cost
2418
estimate changes, the owner or operator must compare the new estimate
2419
with the trustee's most recent annual valuation of the trust fund. If the
2420
value of the fund is less than the amount of the new estimate, the owner or
2421
operator, within 60 days after the change in the cost estimate, must either
2422
deposit an amount into the fund so that its value after this deposit at least
2423
equals the amount of the current closure cost estimate or obtain other
2424
financial assurance as specified in this Section to cover the difference.
2425
2426
7)
If the value of the trust fund is greater than the total amount of the current
2427
closure cost estimate, the owner or operator may submit a written request
2428
to the Agency for release of the amount in excess of the current closure
2429
cost estimate.
2430
2431
8)
If an owner or operator substitutes other financial assurance, as specified
2432
in this Section for all or part of the trust fund, it may submit a written
2433
request to the Agency for release of the amount in excess of the current
2434
closure cost estimate covered by the trust fund.
2435
2436
9)
Within 60 days after receiving a request from the owner or operator for
2437
release of funds as specified in subsection (a)(7) or (a)(8) of this Section,
2438
the Agency must instruct the trustee to release to the owner or operator
2439
such funds as the Agency specifies in writing.
2440
2441
10)
After beginning partial or final closure, an owner or operator or another
2442
person authorized to conduct partial or final closure may request
JCAR350724-0805228r01
2443
reimbursement for closure expenditures by submitting itemized bills to the
2444
Agency. The owner or operator may request reimbursement for partial
2445
closure only if sufficient funds are remaining in the trust fund to cover the
2446
maximum costs of closing the facility over its remaining operating life.
2447
Within 60 days after receiving bills for partial or final closure activities,
2448
the Agency must instruct the trustee to make reimbursement in those
2449
amounts as the Agency specifies in writing if the Agency determines that
2450
the partial or final closure expenditures are in accordance with the
2451
approved closure plan, or otherwise justified. If the Agency determines
2452
that the maximum cost of closure over the remaining life of the facility
2453
will be significantly greater than the value of the trust fund, it must
2454
withhold reimbursement of such amounts as it deems prudent until it
2455
determines, in accordance with subsection (i) of this Section, that the
2456
owner or operator is no longer required to maintain financial assurance for
2457
final closure of the facility. If the Agency does not instruct the trustee to
2458
make such reimbursements, the Agency must provide the owner or
2459
operator with a detailed written statement of reasons.
2460
2461
11)
The Agency must agree to termination of the trust when either of the
2462
following occurs:
2463
2464
A)
An owner or operator substitutes alternate financial assurance, as
2465
specified in this Section; or
2466
2467
B)
The Agency releases the owner or operator from the requirements
2468
of this Section in accordance with subsection (i).
2469
2470
b)
Surety bond guaranteeing payment into a closure trust fund.
2471
2472
1)
An owner or operator may satisfy the requirements of this Section by
2473
obtaining a surety bond that conforms to the requirements of this
2474
subsection (b) and submitting the bond to the Agency. An owner or
2475
operator of a new facility must submit the bond to the Agency at least 60
2476
days before the date on which hazardous waste is first received for
2477
treatment, storage or disposal. The bond must be effective before this
2478
initial receipt of hazardous waste. The surety company issuing the bond
2479
must, at a minimum, be among those listed as acceptable sureties on
2480
federal bonds in Circular 570 of the U.S. Department of the Treasury.
2481
2482
BOARD NOTE: The U.S. Department of the Treasury updates Circular
2483
570, "Companies Holding Certificates of Authority as Acceptable Sureties
2484
on Federal Bonds and as Acceptable Reinsuring Companies," on an annual
JCAR350724-0805228r01
2485
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
2486
from the following website: http://www.fms.treas.gov/c570/.
2487
2488
2)
The wording of the surety bond must be that specified in Section 724.251.
2489
2490
3)
The owner or operator who uses a surety bond to satisfy the requirements
2491
of this Section must also establish a standby trust fund. Under the terms
2492
of the bond, all payments made thereunder will be deposited by the surety
2493
directly into the standby trust fund in accordance with instructions from
2494
the Agency. This standby trust fund must meet the requirements specified
2495
in subsection (a) of this Section except as follows:
2496
2497
A)
An original, signed duplicate of the trust agreement must be
2498
submitted to the Agency with the surety bond; and
2499
2500
B)
Until the standby trust fund is funded pursuant to the requirements
2501
of this Section, the following are not required by these regulations:
2502
2503
i)
Payments into the trust fund as specified in subsection (a)
2504
of this Section;
2505
2506
ii)
Updating of Schedule A of the trust agreement (see 35 Ill.
2507
Adm. Code 724.251) to show current closure cost
2508
estimates;
2509
2510
iii)
Annual valuations, as required by the trust agreement; and
2511
2512
iv)
Notices of nonpayment as required by the trust agreement.
2513
2514
4)
The bond must guarantee that the owner or operator will do one of the
2515
following:
2516
2517
A)
Fund the standby trust fund in an amount equal to the penal sum of
2518
the bond before the beginning of final closure of the facility;
2519
2520
B)
Fund the standby trust fund in an amount equal to the penal sum
2521
within 15 days after an order to begin final closure is issued by the
2522
Board or a U.S. district court or other court of competent
2523
jurisdiction; or
2524
2525
C)
Provide alternate financial assurance as specified in this Section,
2526
and obtain the Agency's written approval of the assurance
2527
provided, within 90 days after receipt by both the owner or
JCAR350724-0805228r01
2528
operator and the Agency of a notice of cancellation of the bond
2529
from the surety.
2530
2531
5)
Under the terms of the bond, the surety will become liable on the bond
2532
obligation when the owner or operator fails to perfoun as guaranteed by
2533
the bond.
2534
2535
6)
The penal sum of the bond must be in an amount at least equal to the
2536
current closure cost estimate, except as provided in subsection (g) of this
2537
Section.
2538
2539
7)
Whenever the current closure cost estimate increases to an amount greater
2540
than the penal sum, the owner or operator, within 60 days after the
2541
increase, must either cause the penal sum to be increased to an amount at
2542
least equal to the current closure cost estimate and submit evidence of
2543
such increase to the Agency or obtain other financial assurance, as
2544
specified in this Section, to cover the increase. Whenever the current
2545
closure cost estimate decreases, the penal sum may be reduced to the
2546
amount of the current closure cost estimate following written approval by
2547
the Agency.
2548
2549
8)
Under the teHns of the bond, the surety may cancel the bond by sending
2550
notice of cancellation by certified mail to the owner or operator and to the
2551
Agency. Cancellation may not occur, however, during the 120 days
2552
beginning on the date of receipt of the notice of cancellation by both the
2553
owner or operator and the Agency, as evidencedcvidencc by the return
2554
receipts.
2555
2556
9)
The owner or operator may cancel the bond if the Agency has given prior
2557
written consent based on its receipt of evidence of alternate financial
2558
assurance as specified in this Section.
2559
2560
c)
Surety bond guaranteeing performance of closure.
2561
2562
1)
An owner or operator may satisfy the requirements of this Section by
2563
obtaining a surety bond that conforms to the requirements of this
2564
subsection (c) and submitting the bond to the Agency. An owner or
2565
operator of a new facility must submit the bond to the Agency at least 60
2566
days before the date on which hazardous waste is first received for
2567
treatment, storage, or disposal. The bond must be effective before this
2568
initial receipt of hazardous waste. The surety company issuing the bond
2569
must, at a minimum, be among those listed as acceptable sureties on
2570
federal bonds in Circular 570 of the U.S. Department of the Treasury.
JCAR350724-0805228r01
2571
2572
BOARD NOTE: The U.S. Department of the Treasury updates Circular
2573
570, "Companies Holding Certificates of Authority as Acceptable Sureties
2574
on Federal Bonds and as Acceptable Reinsuring Companies," on an annual
2575
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
2576
from the following website: http://www.fms.treas.gov/c570/.
2577
2578
2)
The wording of the surety bond must be that specified in Section 724.251.
2579
2580
3)
The owner or operator who uses a surety bond to satisfy the requirements
2581
of this Section must also establish a standby trust fund. Under the terms
2582
of the bond, all payments made thereunder will be deposited by the surety
2583
directly into the standby trust fund in accordance with instructions from
2584
the Agency. This standby trust must meet the requirements specified in
2585
subsection (a) of this Section, except as follows:
2586
2587
A)
An original, signed duplicate of the trust agreement must be
2588
submitted to the Agency with the surety bond; and
2589
2590
B)
Unless the standby trust fund is funded pursuant to the
2591
requirements of this Section, the following are not required by
2592
these regulations:
2593
2594
i)
Payments into the trust fund, as specified in subsection (a)
2595
of this Section;
2596
2597
ii)
Updating of Schedule A of the trust agreement (as specified
2598
in Section 724.251) to show current closure cost estimates;
2599
2600
iii)
Annual valuations, as required by the trust agreement; and
2601
2602
iv)
Notices of nonpayment, as required by the trust agreement.
2603
2604
4)
The bond must guarantee that the owner or operator will do the following:
2605
2606
A)
Perform final closure in accordance with the closure plan and other
2607
requirements of the permit for the facility whenever required to do
2608
so; or
2609
2610
B)
Provide alternative financial assurance, as specified in this Section,
2611
and obtain the Agency's written approval of the assurance
2612
provided, within 90 days after receipt by both the owner or
2613
operator and the Agency of a notice of cancellation of the bond
JCAR3 50724-0805228r01
2614
from the surety.
2615
2616
5)
Under the terms of the bond, the surety will become liable on the bond
2617
obligation when the owner or operator fails to perform as guaranteed by
2618
the bond. Following a final judicial determination or Board order finding
2619
that the owner or operator has failed to perform final closure in accordance
2620
with the approved closure plan and other permit requirements when
2621
required to do so, under the terms of the bond the surety will perform final
2622
closure, as guaranteed by the bond, or will deposit the amount of the penal
2623
sum into the standby trust fund.
2624
2625
6)
The penal sum of the bond must be in an amount at least equal to the
2626
current closure cost estimate.
2627
2628
7)
Whenever the current closure cost estimate increases to an amount greater
2629
than the penal sum, the owner or operator, within 60 days after the
2630
increase, must either cause the penal sum to be increased to an amount at
2631
least equal to the current closure cost estimate and submit evidence of
2632
such increase to the Agency or obtain other financial assurance as
2633
specified in this Section. Whenever the current closure cost estimate
2634
decreases, the penal sum may be reduced to the amount of the current
2635
closure cost estimate following written approval by the Agency.
2636
2637
8)
Under the terms of the bond, the surety may cancel the bond by sending
2638
notice of cancellation by certified mail to the owner or operator and to the
2639
Agency. Cancellation may not occur, however, during the 120 days
2640
beginning on the date of receipt of the notice of cancellation by both the
2641
owner or operator and the Agency, as evidenced by the return receipts.
2642
2643
9)
The owner or operator may cancel the bond if the Agency has given prior
2644
written consent. The Agency must provide such written consent when
2645
either of the following occurs:
2646
2647
A)
An owner or operator substitutes alternative financial assurance, as
2648
specified in this Section; or
2649
2650
B)
The Agency releases the owner or operator from the requirements
2651
of this Section in accordance with subsection (i) of this Section.
2652
2653
10)
The surety must not be liable for deficiencies in the performance of
2654
closure by the owner or operator after the Agency releases the owner or
2655
operator from the requirements of this Section in accordance with
2656
subsection (i) of this Section.
JCAR350724-0805228r01
2657
2658 d)
Closure letter of credit.
2659
2660
1)
An owner or operator may satisfy the requirements of this Section by
2661
obtaining an irrevocable standby letter of credit that confouns to the
2662
requirements of this subsection (d) and submitting the letter to the Agency.
2663
An owner or operator of a new facility must submit the letter of credit to
2664
the Agency at least 60 days before the date on which hazardous waste is
2665
first received for treatment, storage, or disposal. The letter of credit must
2666
be effective before this initial receipt of hazardous waste. The issuing
2667
institution must be an entity that has the authority to issue letters of credit
2668
and whose letter-of-credit operations are regulated and examined by a
2669
federal or state agency.
2670
2671
2)
The wording of the letter of credit must be that specified in Section
2672
724.251.
2673
2674
3)
An owner or operator who uses a letter of credit to satisfy the
2675
requirements of this Section must also establish a standby trust fund.
2676
Under the terms of the letter of credit, all amounts paid pursuant to a draft
2677
by the Agency must be deposited by the issuing institution directly into the
2678
standby trust fund in accordance with instructions from the Agency. This
2679
standby trust fund must meet the requirements of the trust fund specified
2680
in subsection (a) of this Section, except as follows:
2681
2682
A)
An original, signed duplicate of the trust agreement must be
2683
submitted to the Agency with the letter of credit; and
2684
2685
B)
Unless the standby trust fund is funded pursuant to the
2686
requirements of this Section, the following are not required by
2687
these regulations.
2688
2689
i)
Payments into the trust fund, as specified in subsection (a)
2690
of this Section;
2691
2692
ii)
Updating of Schedule A of the trust agreement (as specified
2693
in Section 724.251) to show current closure cost estimates;
2694
2695
iii)
Annual valuations, as required by the trust agreement; and
2696
2697
iv)
Notices of nonpayment, as required by the trust agreement.
2698
2699
4)
The letter or credit must be accompanied by a letter from the owner or
JCAR350724-0805228r01
2700
operator referring to the letter of credit by number, issuing institution, and
2701
date and providing the following information: the USEPA identification
2702
number, name and address of the facility, and the amount of funds assured
2703
for closure of the facility by the letter of credit.
2704
2705
5)
The letter of credit must be irrevocable and issued for a period of at least
2706
one year. The letter of credit must provide that the expiration date will be
2707
automatically extended for a period of at least one year unless, at least 120
2708
days before the current expiration date, the issuing institution notifies both
2709
the owner or operator and the Agency by certified mail of a decision not to
2710
extend the expiration date. Under the terms of the letter of credit, the 120
2711
days will begin on the date when both the owner or operator and the
2712
Agency have received the notice, as evidenced by the return receipts.
2713
2714
6)
The letter of credit must be issued in an amount at least equal to the
2715
current closure cost estimate, except as provided in subsection (g) of this
2716
Section.
2717
2718
7)
Whenever the current closure cost estimate increases to an amount greater
2719
than the amount of the credit, the owner or operator, within 60 days after
2720
the increase, must either cause the amount of the credit to be increased so
2721
that it at least equals the current closure cost estimate and submit evidence
2722
of such increase to the Agency, or obtain other financial assurance, as
2723
specified in this Section, to cover the increase. Whenever the current
2724
closure cost estimate decreases, the amount of the credit may be reduced
2725
to the amount of the current closure cost estimate following written
2726
approval by the Agency.
2727
2728
8)
Following a final judicial determination or Board order finding that the
2729
owner or operator has failed to perform final closure in accordance with
2730
the closure plan and other permit requirements when required to do so, the
2731
Agency may draw on the letter of credit.
2732
2733
9)
If the owner or operator does not establish alternative financial assurance,
2734
as specified in this Section, and obtain written approval of such alternative
2735
assurance from the Agency within 90 days after receipt by both the owner
2736
or operator and the Agency of a notice from issuing institution that it has
2737
decided not to extend the letter of credit beyond the current expiration
2738
date, the Agency must draw on the letter of credit. The Agency may delay
2739
the drawing if the issuing institution grants an extension of the term of the
2740
credit. During the last 30 days of any such extension the Agency must
2741
draw on the letter of credit if the owner or operator has failed to provide
2742
alternative financial assurance, as specified in this Section, and obtain
JCAR350724-0805228r01
2743
written approval of such assurance from the Agency.
2744
2745
10)
The Agency must return the letter of credit to the issuing institution for
2746
termination when either of the following occurs:
2747
2748
A)
An owner or operator substitutes alternative financial assurance, as
2749
specified in this Section; or
2750
2751
B)
The Agency releases the owner or operator from the requirements
2752
of this Section in accordance with subsection (i) of this Section.
2753
2754
e)
Closure insurance.
2755
2756
1)
An owner or operator may satisfy the requirements of this Section by
2757
obtaining closure insurance that conforms to the requirements of this
2758
subsection (e) and submitting a certificate of such insurance to the
2759
Agency. An owner or operator of a new facility must submit the
2760
certificate of insurance to the Agency at least 60 days before the date on
2761
which hazardous waste is first received for treatment, storage, or disposal.
2762
The insurance must be effective before this initial receipt of hazardous
2763
waste. At a minimum, the insurer must be licensed to transact the
2764
business of insurance or be eligible to provide insurance as an excess or
2765
surplus lines insurer in one or more States.
2766
2767
2)
The wording of the certificate of insurance must be that specified in
2768
Section 724.251.
2769
2770
3)
The closure insurance policy must be issued for a face amount at least
2771
equal to the current closure cost estimate, except as provided in subsection
2772
(g) of this Section. The term "face amount" means the total amount the
2773
insurer is obligated to pay under the policy. Actual payments by the
2774
insurer will not change the face amount, although the insurer's future
2775
liability will be lowered by the amount of the payments.
2776
2777
4)
The closure insurance policy must guarantee that funds will be available to
2778
close the facility whenever final closure occurs. The policy must also
2779
guarantee that, once final closure begins, the insurer will be responsible
2780
for paying out funds, up to an amount equal to the face amount of the
2781
policy, upon the direction of the Agency to such party or parties, as the
2782
Agency specifies.
2783
2784
5)
After beginning partial or final closure, an owner or operator or any other
2785
person authorized to conduct closure may request reimbursement for
JCAR350724-0805228r01
2786
closure expenditures by submitting itemized bills to the Agency. The
2787
owner or operator may request reimbursements for partial closure only if
2788
the remaining value of the policy is sufficient to cover the maximum costs
2789
of closing the facility over its remaining operating life. Within 60 days
2790
after receiving bills for closure activities, the Agency must instruct the
2791
insurer to make reimbursement in such amounts, as the Agency specifies
2792
in writing, if the Agency determines that the partial or final closure
2793
expenditures are in accordance with the approved closure plan or
2794
otherwise justified. If the Agency determines that the maximum cost of
2795
closure over the remaining life of the facility will be significantly greater
2796
than the face amount of the policy, it must withhold reimbursement of
2797
such amounts that it deems prudent, until it determines, in accordance with
2798
subsection (i) of this Section, that the owner or operator is no longer
2799
required to maintain financial assurance for closure of the facility. If the
2800
Agency does not instruct the insurer to make such reimbursements, the
2801
Agency must provide the owner or operator with a detailed written
2802
statement of reasons.
2803
2804
6)
The owner or operator must maintain the policy in full force and effect
2805
until the Agency consents to termination of the policy by the owner or
2806
operator, as specified in subsection (e)(10) of this Section. Failure to pay
2807
the premium, without substitution of alternative financial assurance, as
2808
specified in this Section, will constitute a significant violation of these
2809
regulations, warranting such remedy as the Board may impose pursuant to
2810
the Environmental Protection Act. Such violation will be deemed to begin
2811
upon receipt by the Agency of a notice of future cancellation, termination
2812
or failure to renew due to nonpayment of the premium, rather than upon
2813
the date of expiration.
2814
2815
7)
Each policy must contain a provision allowing assignment of the policy to
2816
a successor owner or operator. Such assignment may be conditional upon
2817
consent of the insurer, provided such consent is not unreasonably refused.
2818
2819
8)
The policy must provide that the insurer may not cancel, terminate, or fail
2820
to renew the policy except for failure to pay the premium. The automatic
2821
renewal of the policy must, at a minimum, provide the insured with the
2822
option of renewal at the face amount of the expiring policy. If there is a
2823
failure to pay the premium, the insurer may elect to cancel, terminate, or
2824
fail to renew the policy by sending notice by certified mail to the owner or
2825
operator and the Agency. Cancellation, termination, or failure to renew
2826
may not occur, however, during the 120 days beginning with the date of
2827
receipt of the notice by both the Agency and the owner or operator, as
2828
evidenced by the return receipts. Cancellation, termination, or failure to
JCAR350724-0805228r01
2829
renew may not occur, and the policy will remain in full force and effect, in
2830
the event that on or before the date of expiration one of the following
2831
occurs:
2832
2833
A)
The Agency deems the facility abandoned;
2834
2835
B)
The permit is terminated or revoked or a new permit is denied;
2836
2837
C)
Closure is ordered by the Board or a U.S. district court or other
2838
court of competent jurisdiction;
2839
2840
D)
The owner or operator is named as debtor in a voluntary or
2841
involuntary proceeding under 11 USC (Bankruptcy); or
2842
2843
E)
The premium due is paid.
2844
2845
9)
Whenever the current closure cost estimate increases to an amount greater
2846
than the face amount of the policy, the owner or operator, within 60 days
2847
after the increase, must either cause the face amount to be increased to an
2848
amount at least equal to the current closure cost estimate and submit
2849
evidence of such increase to the Agency, or obtain other financial
2850
assurance, as specified in this Section to cover the increase. Whenever the
2851
current closure cost estimate decreases, the face amount may be reduced to
2852
the amount of the current closure cost estimate following written approval
2853
by the Agency.
2854
2855
10)
The Agency must give written consent to the owner or operator that it may
2856
terminate the insurance policy when either of the following occurs:
2857
2858
A)
An owner or operator substitutes alternative financial assurance, as
2859
specified in this Section; or
2860
2861
B)
The Agency releases the owner or operator from the requirements
2862
of this Section in accordance with subsection (i) of this Section.
2863
2864
f)
Financial test and corporate guarantee for closure.
2865
2866
1)
An owner or operator may satisfy the requirements of this Section by
2867
demonstrating that it passes a financial test, as specified in this subsection
2868
(f). To pass this test the owner or operator must meet the criteria of either
2869
subsection (f)(1)(A) or (f)(1)(B) of this Section:
2870
2871
A)
The owner or operator must have the following:
JCAR350724-0805228r01
2872
2873
i)
Two of the following three ratios: a ratio of total liabilities
2874
to net worth less than 2.0; a ratio of the sum of net income
2875
plus depreciation, depletion and amortization to total
2876
liabilities greater than 0.1; and a ratio of current assets to
2877
current liabilities greater than 1.5;
2878
2879
ii)
Net working capital and tangible net worth each at least six
2880
times the sum of the current closure and post-closure cost
2881
estimates; and the current plugging and abandonment cost
2882
estimates;
2883
2884
iii)
Tangible net worth of at least $10 million; and
2885
2886
iv)
Assets located in the United States amounting to at least 90
2887
percent of total assets or at least six times the sum of the
2888
current closure and post-closure cost estimates and the
2889
current plugging and abandonment cost estimates.
2890
2891
B)
The owner or operator must have the following:
2892
2893
i)
A current rating for its most recent bond issuance of AAA,
2894
AA, A, or BBB as issued by Standard and Poor's or Aaa,
2895
Aa, A, or Baa as issued by Moody's;
2896
2897
ii)
Tangible net worth at least six times the sum of the current
2898
closure and post-closure cost estimates and the current
2899
plugging and abandonment cost estimates;
2900
2901
iii)
Tangible net worth of at least $10 million; and
2902
2903
iv)
Assets located in the United States amounting to at least 90
2904
percent of total assets or at least six times the sum of the
2905
current closure and post-closure estimates and the current
2906
plugging and abandonment cost estimates.
2907
2908
2)
The phrase "current closure and post-closure cost estimates," as used in
2909
subsection (f)(1) of this Section, refers to the cost estimates required to be
2910
shown in subsections 1-4 of the letter from the owner's or operator's chief
2911
financial officer (see Section 724.251). The phrase "current plugging and
2912
abandonment cost estimates," as used in subsection (f)(1) of this Section,
2913
refers to the cost estimates required to be shown in subsections 1-4 of the
2914
letter from the owner's or operator's chief financial officer (see 35 Ill.
JCAR350724-0805228r01
2915
Adm. Code 704.240).
2916
2917
3)
To demonstrate that it meets this test, the owner or operator must submit
2918
the following items to the Agency:
2919
2920
A)
A letter signed by the owner's or operator's chief financial officer
2921
and worded as specified in Section 724.251; and
2922
2923
B)
A copy of the independent certified public accountant's report on
2924
examination of the owner's or operator's financial statements for
2925
the latest completed fiscal year; and
2926
2927
C)
A special report from the owner's or operator's independent
2928
certified public accountant to the owner or operator stating the
2929
following:
2930
2931
i)
That the accountant has compared the data that the letter
2932
from the chief financial officer specifies as having been
2933
derived from the independently audited, year-end financial
2934
statements for the latest fiscal year with the amounts in
2935
such financial statements; and
2936
2937
ii)
In connection with that procedure, that no matters came to
2938
the accountant's attention which caused the accountant to
2939
believe that the specified data should be adjusted.
2940
2941
4)
An owner or operator of a new facility must submit the items specified in
2942
subsection (f)(3) of this Section to the Agency at least 60 days before the
2943
date on which hazardous waste is first received for treatment, storage, or
2944
disposal.
2945
2946
5)
After the initial submission of items specified in subsection (f)(3) of this
2947
Section, the owner or operator must send updated information to the
2948
Agency within 90 days after the close of each succeeding fiscal year. This
2949
information must consist of all three items specified in subsection (f)(3) of
2950
this Section.
2951
2952
6)
If the owner or operator no longer meets the requirements of subsection
2953
(f)(1) of this Section the owner or operator must send notice to the Agency
2954
of intent to establish alternative financial assurance, as specified in this
2955
Section. The notice must be sent by certified mail within 90 days after the
2956
end of the fiscal year for which the year-end financial data show that the
2957
owner or operator no longer meets the requirements. The owner or
JCAR350724-0805228r01
2958
operator must provide the alternative financial assurance within 120 days
2959
after the end of such fiscal year.
2960
2961
7)
The Agency may, based on a reasonable belief that the owner or operator
2962
may no longer meet the requirements of subsection (f)(1) of this Section,
2963
require reports of financial condition at any time from the owner or
2964
operator in addition to those specified in subsection (f)(3) of this Section.
2965
If the Agency finds, on the basis of such reports or other information, that
2966
the owner or operator no longer meets the requirements of subsection
2967
(f)(1) of this Section, the owner or operator must provide alternative
2968
financial assurance, as specified in this Section, within 30 days after
2969
notification of such a finding.
2970
2971
8)
The Agency may disallow use of this test on the basis of qualifications in
2972
the opinion expressed by the independent certified public accountant in the
2973
accountant's report on examination of the owner's or operator's financial
2974
statements (see subsection (f)(3)(B) of this Section). An adverse opinion
2975
or a disclaimer of opinion will be cause for disallowance. The Agency
2976
must evaluate other qualifications on an individual basis. The owner or
2977
operator must provide alternative financial assurance, as specified in this
2978
Section, within 30 days after notification of the disallowance.
2979
2980
9)
The owner or operator is no longer required to submit the items specified
2981
in subsection (f)(3) of this Section when either of the following occurs:
2982
2983
A)
An owner or operator substitutes alternative financial assurance, as
2984
specified in this Section; or
2985
2986
B)
The Agency releases the owner or operator from the requirements
2987
of this Section in accordance with subsection (i) of this Section.
2988
2989
10)
An owner or operator may meet the requirements of this Section by
2990
obtaining a written guarantee, hereafter referred to as "corporate
2991
guarantee." The guarantor must be the direct or higher-tier parent
2992
corporation of the owner or operator, a firm whose parent corporation is
2993
also the parent corporation of the owner or operator, or a firm with a
2994
"substantial business relationship" with the owner or operator. The
2995
guarantor must meet the requirements for owners or operators in
2996
subsections (f)(1) through (f)(8) of this Section, must comply with the
2997
terms of the corporate guarantee, and the wording of the corporate
2998
guarantee must be that specified in Section 724.251. The certified copy of
2999
the corporate guarantee must accompany the items sent to the Agency, as
3000
specified in subsection (f)(3) of this Section. One of these items must be
JCAR350724-0805228r01
3001
the letter from the guarantor's chief financial officer. If the guarantor's
3002
parent corporation is also the parent corporation of the owner or operator,
3003
the letter must describe the value received in consideration of the
3004
guarantee. If the guarantor is a firm with a "substantial business
3005
relationship" with the owner or operator, this letter must describe this
3006
"substantial business relationship" and the value received in consideration
3007
of the guarantee. The terms of the corporate guarantee must provide as
3008
follows:
3009
3010
A)
If the owner or operator fails to perform final closure of a facility
3011
covered by the corporate guarantee in accordance with the closure
3012
plan and other permit requirements whenever required to do so, the
3013
guarantor will do so or establish a trust fund, as specified in
3014
subsection (a) of this Section, in the name of the owner or operator.
3015
3016
B)
The corporate guarantee will remain in force unless the guarantor
3017
sends notice of cancellation by certified mail to the owner or
3018
operator and to the Agency. Cancellation may not occur, however,
3019
during the 120 days beginning on the date of receipt of the notice
3020
of cancellation by both the owner or operator and the Agency, as
3021
evidenced by the return receipts.
3022
3023
C)
If the owner or operator fails to provide alternative financial
3024
assurance as specified in this Section and obtain the written
3025
approval of such alternative assurance from the Agency within 90
3026
days after receipt by both the owner or operator and the Agency of
3027
a notice of cancellation of the corporate guarantee from the
3028
guarantor, the guarantor will provide such alternative financial
3029
assurance in the name of the owner or operator.
3030
3031
Use of multiple financial mechanisms. An owner or operator may satisfy the
3032
requirements of this Section by establishing more than one financial mechanism
3033
per facility. These mechanisms are limited to trust funds, surety bonds
3034
guaranteeing payment into a trust fund, letters of credit, and insurance. The
3035
mechanisms must be as specified in subsections (a), (b), (d), and (e) of this
3036
Section, respectively, except that it is the combination of mechanisms, rather than
3037
the single mechanism, that must provide financial assurance for an amount at least
3038
equal to the current closure cost estimate. If an owner or operator uses a trust
3039
fund in combination with a surety bond or a letter of credit, it may use the trust
3040
fund as the standby trust fund for the other mechanisms. A single standby trust
3041
fund may be established for two or more mechanisms. The Agency may use any
3042
or all of the mechanisms to provide for closure of the facility.
3043
JCAR350724-0805228r01
3044
h)
Use of a financial mechanism for multiple facilities. An owner or operator may
3045
use a financial assurance mechanism specified in this Section to meet the
3046
requirements of this Section for more than one facility. Evidence of financial
3047
assurance submitted to the Agency must include a list showing, for each facility,
3048
the USEPA identification number, name, address, and the amount of funds for
3049
closure assured by the mechanism. The amount of funds available through the
3050
mechanism must be no less than the sum of funds that would be available if a
3051
separate mechanism had been established and maintained for each facility. The
3052
amount of funds available to the Agency must be sufficient to close all of the
3053
owner or operator's facilities. In directing funds available through the mechanism
3054
for closure of any of the facilities covered by the mechanism, the Agency may
3055
direct only the amount of funds designated for that facility, unless the owner or
3056
operator agrees to the use of additional funds available under the mechanism.
3057
3058
i)
Release of the owner or operator from the requirements of this Section. Within
3059
60 days after receiving certifications from the owner or operator and a qualified
3060
Professional Engineer..-
• • . - -
- - that final
3061
approved closure has been accomplished in accordance with the closure plan, the
3062
Agency must notify the owner or operator in writing that it is no longer required
3063
by this Section to maintain financial assurance for closure of the facility, unless
3064
the Agency determines that closure has not been in accordance with the approved
3065
closure plan. The Agency must provide the owner or operator a detailed written
3066
statement of any such determination that closure has not been in accordance with
3067
the approved closure plan.
3068
3069
Appeal. The following Agency actions are deemed to be permit modifications or
3070
refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code
3071
702.184(e)(3)):
3072
3073
1)
An increase in, or a refusal to decrease the amount of, a bond, letter of
3074
credit, or insurance;
3075
3076
2)
Requiring alternative assurance upon a finding that an owner or operator
3077
or parent corporation no longer meets a financial test.
3078
3079
(Source: Amended at 32 Ill. Reg.
, effective )
3080
3081
Section 724.245 Financial Assurance for Post-Closure Care
3082
3083 An owner or operator of a hazardous waste management unit subject to the requirements of
3084
Section 724.244 must establish financial assurance for post-closure care in accordance with the
3085
approved post-closure plan for the facility 60 days prior to the initial receipt of hazardous waste
3086
or the effective date of the regulation, whichever is later. The owner or operator must choose
JCAR350724-0805228r01
3087 from among the following options:
3088
3089
a)
Post-closure trust fund.
3090
3091
1)
An owner or operator may satisfy the requirements of this Section by
3092
establishing a post-closure trust fund that conforms to the requirements of
3093
this subsection (a) and submitting an original, signed duplicate of the trust
3094
agreement to the Agency. An owner or operator of a new facility must
3095
submit the original, signed duplicate of the trust agreement to the Agency
3096
at least 60 days before the date on which hazardous waste is first received
3097
for disposal. The trustee must be an entity that has the authority to act as a
3098
trustee and whose trust operations are regulated and examined by a federal
3099
or State agency.
3100
3101
2)
The wording of the trust agreement must be that specified in Section
3102
724.251 and the trust agreement accompanied by a founal certification of
3103
acknowledgment (as specified in Section 724.251). Schedule A of the trust
3104
agreement must be updated within 60 days after a change in the amount of
3105
the current post-closure cost estimate covered by the agreement.
3106
3107
3)
Payments into the trust fund must be made annually by the owner or
3108
operator over the term of the initial RCRA permit or over the remaining
3109
operating life of the facility as estimated in the closure plan, whichever
3110
period is shorter; this period is hereafter referred to as the "pay-in period."
3111
The payments into the post-closure trust fund must be made as follows:
3112
3113
A)
For a new facility, the first payment must be made before the
3114
initial receipt of hazardous waste for disposal. A receipt from the
3115
trustee for this payment must be submitted by the owner or
3116
operator to the Agency before this initial receipt of hazardous
3117
waste. The first payment must be at least equal to the current post-
3118
closure cost estimate, except as provided in subsection (g) of this
3119
Section, divided by the number of years in the pay-in period.
3120
Subsequent payments must be made no later than 30 days after
3121
each anniversary date of the first payment. The amount of each
3122
subsequent payment must be determined by the following formula:
3123
3124
Next Payment – (CE – CV )
3125
3126
Where:
3127
CE = the current closure cost estimate
JCAR350724-0805228r01
CV = the current value of the trust fund
Y
= the number of years remaining in the pay-in period,
3128
3129
B)
If an owner or operator establishes a trust fund, as specified in 35
3130
Ill. Adm. Code 725.245(a), and the value of that trust fund is less
3131
than the current post-closure cost estimate when a permit is
3132
awarded for the facility, the amount of the current post-closure cost
3133
estimate still to be paid into the trust fund must be paid in over the
3134
pay-in period as defined in subsection (a)(3) of this Section.
3135
Payments must continue to be made no later than 30 days after
3136
each anniversary date of the first payment made pursuant to 35 Ill.
3137
Adm. Code 725. The amount of each payment must be determined
3138
by the following formula:
3139
3140
Next Payment = (CE – CV )
3141
3142
Where:
3143
CE = the current closure cost estimate
CV = the current value of the trust fund
Y = the number of years remaining in the pay-in period,
3144
3145
4)
The owner or operator may accelerate payments into the trust fund or
3146
owner or operator must maintain the value of the fund at no less than the
3147
value that the fund would have if annual payments were made as specified
3148
in subsection (a)(3) of this Section.
3149
3150
5)
If the owner or operator establishes a post-closure trust fund after having
3151
used one or more alternative mechanisms specified in this Section or in 35
3152
Ill. Adm. Code 725.245, its first payment must be in at least the amount
3153
that the fund would contain if the trust fund were established initially and
3154
annual payments made according to specifications of this subsection (a)
3155
and 35 Ill. Adm. Code 725.245, as applicable.
3156
3157
6)
After the pay-in period is completed, whenever the current post-closure
3158
cost estimate changes during the operating life of the facility, the owner or
3159
operator must compare the new estimate with the trustee's most recent
3160
annual valuation of the trust fund. If the value of the fund is less than the
3161
amount of the new estimate, the owner or operator, within 60 days after
3162
the change in the cost estimate, must either deposit an amount into the
3163
fund so that its value after this deposit at least equals the amount of the
3164
current post-closure cost estimate, or obtain other financial assurance, as
Y
JCAR350724-0805228r01
3165
specified in this Section, to cover the difference.
3166
3167
7)
During the operating life of the facility, if the value of the trust fund is
3168
greater than the total amount of the current post-closure cost estimate, the
3169
owner or operator may submit a written request to the Agency for release
3170
of the amount in excess of the current post-closure cost estimate.
3171
3172
8)
If an owner or operator substitutes other financial assurance as specified in
3173
this Section for all or part of the trust fund, it may submit a written request
3174
to the Agency for release of the amount in excess of the current post-
3175
closure cost estimate covered by the trust fund.
3176
3177
9)
Within 60 days after receiving a request from the owner or operator for
3178
release of funds, as specified in subsection (a)(7) or (a)(8) of this Section,
3179
the Agency must instruct the trustee to release to the owner or operator
3180
such funds as the Agency specifies in writing.
3181
3182
10)
During the period of post-closure care, the Agency must approve a release
3183
of funds if the owner or operator demonstrates to the Agency that the
3184
value of the trust fund exceeds the remaining cost of post-closure care.
3185
3186
11)
An owner or operator or any other person authorized to perform post-
3187
closure care may request reimbursement for post-closure care expenditures
3188
by submitting itemized bills to the Agency. Within 60 days after receiving
3189
bills for post-closure activities, the Agency must instruct the trustee to
3190
make requirements in those amounts that the Agency specifies in writing
3191
if the Agency determines that the post-closure care expenditures are in
3192
accordance with the approved post-closure plan or otherwise justified. If
3193
the Agency does not instruct the trustee to make such reimbursements, the
3194
Agency must provide the owner or operator with a detailed written
3195
statement of reasons.
3196
3197
12)
The Agency must agree to termination of the trust when either of the
3198
following occurs:
3199
3200
A)
An owner or operator substitutes alternative financial assurance, as
3201
specified in this Section; or
3202
3203
B)
The Agency releases the owner or operator from the requirements
3204
of this Section in accordance with subsection (i) of this Section.
3205
3206
b)
Surety bond guaranteeing payment into a post-closure trust fund.
3207
JCAR350724-0805228r01
3208
1)
An owner or operator may satisfy the requirements of this Section by
3209
obtaining a surety bond that conforms to the requirements of this
3210
subsection (b) and submitting the bond to the Agency. An owner or
3211
operator of a new facility must submit the bond to the Agency at least 60
3212
days before the date on which hazardous waste is first received for
3213
disposal. The bond must be effective before this initial receipt of
3214
hazardous waste. The surety company issuing the bond must, at a
3215
minimum, be among those listed as acceptable sureties on federal bonds in
3216
Circular 570 of the U.S. Department of the Treasury.
3217
3218
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
3219
"Companies Holding Certificates of Authority as Acceptable Sureties on
3220
Federal Bonds and as Acceptable Reinsuring Companies," on an annual
3221
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
3222
from the following website: http://www.fins.treas.gov/c570/.
3223
3224
2)
The wording of the surety bond must be that specified in Section 724.251.
3225
3226
3)
The owner or operator who uses a surety bond to satisfy the requirements
3227
of this Section must also establish a standby trust fund. Under the terms
3228
of the bond, all payments made thereunder will be deposited by the surety
3229
directly into the standby trust fund in accordance with instructions from
3230
the Agency. This standby trust fund must meet the requirements specified
3231
in subsection (a) of this Section, except as follows:
3232
3233
A)
An original, signed duplicate of the trust agreement must be
3234
submitted to the Agency with the surety bond; and
3235
3236
B)
Until the standby trust fund is funded pursuant to the requirements
3237
of this Section, the following are not required by these regulations:
3238
3239
i)
Payments into the trust fund, as specified in subsection (a)
3240
of this Section;
3241
3242
ii)
Updating of Schedule A of the trust agreement (as specified
3243
in Section 724.251) to show current post-closure cost
3244
estimates;
3245
3246
iii)
Annual valuations, as required by the trust agreement; and
3247
3248
iv)
Notices of nonpayment, as required by the trust agreement.
3249
3250
4)
The bond must guarantee that the owner or operator will do one of the
JCAR350724-0805228r01
3251
following:
3252
3253
A)
Fund the standby trust fund in an amount equal to the penal sum of
3254
the bond before the beginning of final closure of the facility;
3255
3256
B)
Fund the standby trust fund in an amount equal to the penal sum
3257
within 15 days after an order to begin closure is issued by the
3258
Board or a U.S. district court or other court of competent
3259
jurisdiction; or
3260
3261
C)
Provide alternative financial assurance as specified in this Section,
3262
and obtain the Agency's written approval of the assurance
3263
provided, within 90 days after receipt by both the owner or
3264
operator and the Agency of a notice of cancellation of the bond
3265
from the surety.
3266
3267
5)
Under the terms of the bond, the surety will become liable on the bond
3268
obligation when the owner or operator fails to perform as guaranteed by
3269
the bond.
3270
3271
6)
The penal sum of the bond must be in an amount at least equal to the
3272
current post-closure cost estimate, except as provided in subsection (g) of
3273
this Section.
3274
3275
7)
Whenever the current post-closure cost estimate increases to an amount
3276
greater than the penal sum, the owner or operator, within 60 days after the
3277
increase, must either cause the penal sum to be increased to an amount at
3278
least equal to the current post-closure cost estimate and submit evidence of
3279
such increase to the Agency or obtain other fmancial assurance, as
3280
specified in this Section, to cover the increase. Whenever the current post-
3281
closure cost estimate decreases, the penal sum may be reduced to the
3282
amount of the current post-closure cost estimate following written
3283
approval by the Agency.
3284
3285
8)
Under the terms of the bond, the surety may cancel the bond by sending
3286
notice of cancellation by certified mail to the owner or operator and to the
3287
Agency. Cancellation may not occur, however, during the 120 days
3288
beginning on the date of receipt of the notice of cancellation by both the
3289
owner or operator and the Agency, as evidence by the return receipts.
3290
3291
9)
The owner or operator may cancel the bond if the Agency has given prior
3292
written consent based on its receipt of evidence of alternative financial
3293
assurance, as specified in this Section.
JCAR350724-0805228r01
3294
3295 c)
Surety bond guaranteeing performance of post-closure care.
3296
3297
1)
An owner or operator may satisfy the requirements of this Section by
3298
obtaining a surety bond that conforms to the requirements of this
3299
subsection (c) and submitting the bond to the Agency. An owner or
3300
operator of a new facility must submit the bond to the Agency at least 60
3301
days before the date on which hazardous waste is first received for
3302
disposal. The bond must be effective before this initial receipt of
3303
hazardous waste. The surety company issuing the bond must, at a
3304
minimum, be among those listed as acceptable sureties on federal bonds in
3305
Circular 570 of the U.S. Department of the Treasury.
3306
3307
BOARD NOTE: The U.S. Department of Treasury updates Circular 570,
3308
"Companies Holding Certificates of Authority as Acceptable Sureties on
3309
Federal Bonds and as Acceptable Reinsuring Companies," on an annual
3310
basis pursuant to 31 CFR 223.16. Circular 570 is available on the Internet
3311
from the following website:
http://www.fiiis.treas.gov/c570/.
3312
3313
2)
The wording of the surety bond must be that specified in Section 724.251.
3314
3315
3)
The owner or operator who uses a surety bond to satisfy the requirements
3316
of this Section must also establish a standby trust fund. Under the terms
3317
of the bond, all payments made thereunder will be deposited by the surety
3318
directly into the standby trust fund in accordance with instructions from
3319
the Agency. This standby trust must meet the requirements specified in
3320
subsection (a) of this Section, except as follows:
3321
3322
A)
An original, signed duplicate of the trust agreement must be
3323
submitted to the Agency with the surety bond; and
3324
3325
B)
Unless the standby trust fund is funded pursuant to the
3326
requirements of this Section, the following are not required:
3327
3328
i)
Payments into the trust fund, as specified in subsection (a)
3329
of this Section;
3330
3331
ii)
Updating of Schedule A of the trust agreement (as specified
3332
in Section 724.251) to show current post-closure cost
3333
estimates;
3334
3335
iii)
Annual valuations, as required by the trust agreement; and
3336
JCAR350724-0805228r01
3337
iv)
Notices of nonpayment, as required by the trust agreement.
3338
3339
4)
The bond must guarantee that the owner or operator will do either of the
3340
following:
3341
3342
A)
Perform final post-closure care in accordance with the post-closure
3343
plan and other requirements of the pelinit for the facility; or
3344
3345
B)
Provide alternative financial assurance, as specified in this Section,
3346
and obtain the Agency's written approval of the assurance
3347
provided, within 90 days after receipt by both the owner or
3348
operator and the Agency of a notice of cancellation of the bond
3349
from the surety.
3350
3351
5)
Under the terms of the bond, the surety will become liable on the bond
3352
obligation when the owner or operator fails to perform as guaranteed by
3353
the bond. Following a final judicial determination or Board order finding
3354
that the owner or operator has failed to perform post-closure care in
3355
accordance with the approved post-closure plan and other permit
3356
requirements, under the teems of the bond the surety will perform post-
3357
closure care in accordance with post-closure plan and other permit
3358
requirements or will deposit the amount of the penal sum into the standby
3359
trust fund.
3360
3361
6)
The penal sum of the bond must be in an amount at least equal to the
3362
current post-closure cost estimate.
3363
3364
7)
Whenever the current post-closure cost estimate increases to an amount
3365
greater than the penal sum during the operating life of the facility, the
3366
owner or operator, within 60 days after the increase, must either cause the
3367
penal sum to be increased to an amount at least equal to the current post-
3368
closure cost estimate and submit evidence of such increase to the Agency,
3369
or obtain other financial assurance, as specified in this Section. Whenever
3370
the current closure cost estimate decreases during the operating life of the
3371
facility, the penal sum may be reduced to the amount of the current post-
3372
closure cost estimate following written approval by the Agency.
3373
3374
8)
During the period of post-closure care, the Agency must approve a
3375
decrease in the penal sum if the owner or operator demonstrates to the
3376
Agency that the amount exceeds the remaining cost of post-closure care.
3377
3378
9)
Under the terms of the bond, the surety may cancel the bond by sending
3379
notice of cancellation by certified mail to the owner or operator and to the
JCAR350724-0805228r01
3380
Agency. Cancellation may not occur, however, during the 120 days
3381
beginning on the date of receipt of the notice of cancellation by both the
3382
owner or operator and the Agency, as evidenced by the return receipts.
3383
3384
10)
The owner or operator may cancel the bond if the Agency has given prior
3385
written consent. The Agency must provide such written consent when
3386
either of the following occurs:
3387
3388
A)
An owner or operator substitutes alternative financial assurance as
3389
specified in this Section; or
3390
3391
B)
The Agency releases the owner or operator from the requirements
3392
of this Section in accordance with subsection (i) of this Section.
3393
3394
11)
The surety will not be liable for deficiencies in the performance of post-
3395
closure care by the owner or operator after the Agency releases the owner
3396
or operator from the requirements of this Section in accordance with
3397
subsection (i) of this Section.
3398
3399
d)
Post-closure letter of credit.
3400
3401
1)
An owner or operator may satisfy the requirements of this Section by
3402
obtaining an irrevocable standby letter of credit that confoims to the
3403
requirements of this subsection (d) and submitting the letter to the Agency.
3404
An owner or operator of a new facility must submit the letter of credit to
3405
the Agency at least 60 days before the date on which hazardous waste is
3406
first received for disposal. The letter of credit must be effective before
3407
this initial receipt of hazardous waste. The issuing institution must be an
3408
entity that has the authority to issue letters of credit and whose letter-of-
3409
credit operations are regulated and examined by a federal or State agency.
3410
3411
2)
The wording of the letter of credit must be that specified in Section
3412
724.251.
3413
3414
3)
An owner or operator who uses a letter of credit to satisfy the
3415
requirements of this Section must also establish a standby trust fund.
3416
Under the terms of the letter of credit, all amounts paid pursuant to a draft
3417
by the Agency must be deposited by the issuing institution directly into the
3418
standby trust fund in accordance with instructions from the Agency. This
3419
standby trust fund must meet the requirements of the trust fund specified
3420
in subsection (a) of this Section, except as follows:
3421
3422
A)
An original, signed duplicate of the trust agreement must be
JCAR350724-0805228r01
3423
submitted to the Agency with the letter of credit; and
3424
3425
B)
Unless the standby trust fund is funded pursuant to the
3426
requirements of this Section, the following are not required by
3427
these regulations:
3428
3429
i)
Payments into the trust fund, as specified in subsection (a)
3430
of this Section;
3431
3432
ii)
Updating of Schedule A of the trust agreement (as specified
3433
in Section 724.251) to show current post-closure cost
3434
estimates;
3435
3436
iii)
Annual valuations, as required by the trust agreement; and
3437
3438
iv)
Notices of nonpayment, as required by the trust agreement.
3439
3440
4)
The letter or credit must be accompanied by a letter from the owner or
3441
operator referring to the letter of credit by number, issuing institution, and
3442
date and providing the following information: the USEPA identification
3443
number, name and address of the facility, and the amount of funds assured
3444
for post-closure care of the facility by the letter of credit.
3445
3446
5)
The letter of credit must be irrevocable and issued for a period of at least
3447
one year. The letter of credit must provide that the expiration date will be
3448
automatically extended for a period of at least one year unless, at least 120
3449
days before the current expiration date, the issuing institution notifies both
3450
the owner or operator and the Agency by certified mail of a decision not to
3451
extend the expiration date. Under the terms of the letter of credit, the 120
3452
days will begin on the date when both the owner or operator and the
3453
Agency have received the notice, as evidenced by the return receipts.
3454
3455
6)
The letter of credit must be issued in an amount at least equal to the
3456
current post-closure cost estimate, except as provided in subsection (g) of
3457
this Section.
3458
3459
7)
Whenever the current post-closure cost estimate increases to an amount
3460
greater than the amount of the credit during the operating life of the
3461
facility, the owner or operator, within 60 days after the increase, must
3462
either cause the amount of the credit to be increased so that it at least
3463
equals the current post-closure cost estimate and submit evidence of such
3464
increase to the Agency, or obtain other financial assurance as specified in
3465
this Section to cover the increase. Whenever the current post-closure cost
JCAR350724-0805228r01
3466
estimate decreases during the operating life of the facility, the amount of
3467
the credit may be reduced to the amount of the current post-closure cost
3468
estimate following written approval by the Agency.
3469
3470
8)
During the period of post-closure care, the Agency must approve a
3471
decrease in the amount of the letter of credit if the owner or operator
3472
demonstrates to the Agency that the amount exceeds the remaining cost of
3473
post-closure care.
3474
3475
9)
Following a final judicial determination or Board order finding that the
3476
owner or operator has failed to perform post-closure care in accordance
3477
with the approved post-closure plan and other permit requirements, the
3478
Agency may draw on the letter of credit.
3479
3480
10)
If the owner or operator does not establish alternative financial assurance,
3481
as specified in this Section, and obtain written approval of such alternative
3482
assurance from the Agency within 90 days after receipt by both the owner
3483
or operator and the Agency of a notice from the issuing institution that it
3484
has decided not to extend the letter of credit beyond the current expiration
3485
date, the Agency must draw on the letter of credit. The Agency may delay
3486
the drawing if the issuing institution grants an extension of the teiiii of the
3487
credit. During the last 30 days of any such extension the Agency must
3488
draw on the letter of credit if the owner or operator has failed to provide
3489
alternative financial assurance, as specified in this Section, and obtain
3490
written approval of such assurance from the Agency.
3491
3492
11)
The Agency must return the letter of credit to the issuing institution for
3493
termination when either of the following occurs:
3494
3495
A)
An owner or operator substitutes alternative financial assurance, as
3496
specified in this Section; or
3497
3498
B)
The Agency releases the owner or operator from the requirements
3499
of this Section in accordance with subsection (i) of this Section.
3500
3501
e)
Post-closure insurance.
3502
3503
1)
An owner or operator may satisfy the requirements of this Section by
3504
obtaining post-closure insurance that conforms to the requirements of this
3505
subsection (e) and submitting a certificate of such insurance to the
3506
Agency. An owner or operator of a new facility must submit the
3507
certificate of insurance to the Agency at least 60 days before the date on
3508
which hazardous waste is first received for disposal. The insurance must
JCAR350724-0805228r01
3509
be effective before this initial receipt of hazardous waste. At a minimum,
3510
the insurer must be licensed to transact the business of insurance or be
3511
eligible to provide insurance as an excess or surplus lines insurer in one or
3512
more states.
3513
3514
2)
The wording of the certificate of insurance must be that specified in
3515
Section 724.251.
3516
3517
3)
The post-closure insurance policy must be issued for a face amount at least
3518
equal to the current post-closure cost estimate, except as provided in
3519
subsection (g) of this Section. The term "face amount" means the total
3520
amount the insurer is obligated to pay under the policy. Actual payments
3521
by the insurer will not change the face amount, although the insurer's
3522
future liability will be lowered by the amount of the payments.
3523
3524
4)
The post-closure insurance policy must guarantee that funds will be
3525
available to provide post-closure care of facility whenever the post-closure
3526
period begins. The policy must also guarantee that, once post-closure care
3527
begins, the insurer will be responsible for paying out funds, up to an
3528
amount equal to the face amount of the policy, upon the direction of the
3529
Agency to such party or parties as the Agency specifies.
3530
3531
5)
An owner or operator or any other person authorized to perform post-
3532
closure care may request reimbursement for post-closure care expenditures
3533
by submitting itemized bills to the Agency. Within 60 days after receiving
3534
bills for post-closure activities, the Agency must instruct the insurer to
3535
make reimbursement in such amounts as the Agency specifies in writing if
3536
the Agency determines that the post-closure care expenditures are in
3537
accordance with the approved post-closure plan or otherwise justified. If
3538
the Agency does not instruct the insurer to make such reimbursements, the
3539
Agency must provide the owner or operator with a detailed written
3540
statement of reasons.
3541
3542
6)
The owner or operator must maintain the policy in full force and effect
3543
until the Agency consents to termination of the policy by the owner or
3544
operator as specified in subsection (e)(11) of this Section. Failure to pay
3545
the premium, without substitution of alternative financial assurance as
3546
specified in this Section, will constitute a significant violation of these
3547
regulations, warranting such remedy as the Board may impose pursuant to
3548
the Environmental Protection Act [415 ILCS 5]. Such violation will be
3549
deemed to begin upon receipt by the Agency of a notice of future
3550
cancellation, termination, or failure to renew due to nonpayment of the
3551
premium, rather than upon the date of expiration.
JCAR350724-0805228r01
3552
3553
7)
Each policy must contain a provision allowing assignment of the policy to
3554
a successor owner or operator. Such assignment may be conditional upon
3555
consent of the insurer, provided such consent is not unreasonably refused.
3556
3557
8)
The policy must provide that the insurer may not cancel, terminate, or fail
3558
to renew the policy except for failure to pay the premium. The automatic
3559
renewal of the policy must, at a minimum, provide the insured with the
3560
option of renewal at the face amount of the expiring policy. If there is a
3561
failure to pay the premium, the insurer may elect to cancel, terminate, or
3562
fail to renew the policy by sending notice by certified mail to the owner or
3563
operator and the Agency. Cancellation, termination, or failure to renew
3564
may not occur, however, during the 120 days beginning with the date of
3565
receipt of the notice by both the Agency and the owner or operator, as
3566
evidenced by the return receipts. Cancellation, termination, or failure to
3567
renew may not occur, and the policy will remain in full force and effect, in
3568
the event that on or before the date of expiration one of the following
3569
occurs:
3570
3571
A)
The Agency deems the facility abandoned;
3572
3573
B)
The permit is terminated or revoked or a new permit is denied;
3574
3575
C)
Closure is ordered by the Board or a U.S. district court or other
3576
court of competent jurisdiction;
3577
3578
D)
The owner or operator is named as debtor in a voluntary or
3579
involuntary proceeding under 11 USC (Bankruptcy); or
3580
3581
E)
The premium due is paid.
3582
3583
9)
Whenever the current post-closure cost estimate increases to an amount
3584
greater than the face amount of the policy during the life of the facility, the
3585
owner or operator, within 60 days after the increase, must either cause the
3586
face amount to be increased to an amount at least equal to the current post-
3587
closure cost estimate and submit evidence of such increase to the Agency,
3588
or obtain other financial assurance, as specified in this Section, to cover
3589
the increase. Whenever the current post-closure cost estimate decreases
3590
during the operating life of the facility, the face amount may be reduced to
3591
the amount of the current post-closure cost estimate following written
3592
approval by the Agency.
3593
3594
10)
Commencing on the date that liability to make payments pursuant to the
JCAR350724-0805228r01
3595
policy accrues, the insurer must thereafter annually increase the face
3596
amount of the policy. Such increase must be equivalent to the face
3597
amount of the policy, less any payments made, multiplied by an amount
3598
equivalent to 85 percent of the most recent investment rate or of the
3599
equivalent coupon-issue yield announced by the U.S. Treasury for 26-
3600
week Treasury securities.
3601
3602
11)
The Agency must give written consent to the owner or operator that the
3603
owner or operator may terminate the insurance policy when either of the
3604
following occurs:
3605
3606
A)
An owner or operator substitutes alternative financial assurance, as
3607
specified in this Section; or
3608
3609
B)
The Agency releases the owner or operator from the requirements
3610
of this Section in accordance with subsection (i) of this Section.
3611
3612
Financial test and corporate guarantee for post-closure care.
3613
3614
1)
An owner or operator may satisfy the requirements of this Section by
3615
demonstrating that it passes a financial test as specified in this subsection
3616
(f). To pass this test the owner or operator must meet the criteria of either
3617
subsection (f)(1)(A) or (f)(1)(B) of this Section:
3618
3619
A)
The owner or operator must have the following:
3620
3621
i)
Two of the following three ratios: a ratio of total liabilities
3622
to net worth less than 2.0; a ratio of the sum of net income
3623
plus depreciation, depletion and amortization to total
3624
liabilities greater than 0.1; and a ratio of current assets to
3625
current liabilities greater than 1.5;
3626
3627
ii)
Net working capital and tangible net worth each at least six
3628
times the sum of the current closure and post-closure cost
3629
estimates and the current plugging and abandonment cost
3630
estimates;
3631
3632
iii)
Tangible net worth of at least $10 million; and
3633
3634
iv)
Assets in the United States amounting to at least 90 percent
3635
of its total assets or at least six times the sum of the current
3636
closure and post-closure cost estimates and the current
3637
plugging and abandonment cost estimates.
JCAR350724-0805228r01
3638
3639
B)
The owner or operator must have the following:
3640
3641
i)
A current rating for its most recent bond issuance of AAA,
3642
AA, A, or BBB as issued by Standard and Poor's or Aaa,
3643
Aa, A, or Baa as issued by Moody's;
3644
3645
ii)
Tangible net worth at least six times the sum of the current
3646
closure and post-closure cost estimates and current
3647
plugging and abandonment cost estimates;
3648
3649
iii)
Tangible net worth of at least $10 million; and
3650
3651
iv)
Assets located in the United States amounting to at least 90
3652
percent of its total assets or at least six times the sum of the
3653
current closure and post-closure cost estimates and the
3654
current plugging and abandonment cost estimates.
3655
3656
2)
The phrase "current closure and post-closure cost estimates," as used in
3657
subsection (f)(1) of this Section, refers to the cost estimates required to be
3658
shown in subsections 1 through 4 of the letter from the owner's or
3659
operator's chief financial officer (see Section 724.251). The phrase
3660
"current plugging and abandonment cost estimates," as used in subsection
3661
(f)(1) of this Section, refers to the cost estimates required to be shown in
3662
subsections 1 through 4 of the letter from the owner's or operator's chief
3663
financial officer (see 35 Ill. Adm. Code 704.240).
3664
3665
3)
To demonstrate that it meets this test, the owner or operator must submit
3666
the following items to the Agency:
3667
3668
A)
A letter signed by the owner's or operator's chief financial officer
3669
and worded as specified in Section 724.251;
3670
3671
B)
A copy of the independent certified public accountant's report on
3672
examination of the owner's or operator's financial statements for
3673
the latest completed fiscal year; and
3674
3675
C)
A special report from the owner's or operator's independent
3676
certified public accountant to the owner or operator stating the
3677
following:
3678
3679
i)
The accountant has compared the data that the letter from
3680
the chief financial officer specifies as having been derived
JCAR350724-0805228r01
3681
from the independently audited, year-end financial
3682
statements for the latest fiscal year with the amounts in
3683
such financial statements; and
3684
3685
ii)
In connection with that procedure, no matters came to the
3686
accountant's attention that caused the accountant to believe
3687
that the specified data should be adjusted.
3688
3689
4)
An owner or operator of a new facility must submit the items specified in
3690
subsection (f)(3) of this Section to the Agency at least 60 days before the
3691
date on which hazardous waste is first received for disposal.
3692
3693
5)
After the initial submission of items specified in subsection (f)(3) of this
3694
Section, the owner or operator must send updated information to the
3695
Agency within 90 days after the close of each succeeding fiscal year. This
3696
infomiation must consist of all three items specified in subsection (0(3) of
3697
this Section.
3698
3699
6)
If the owner or operator no longer meets the requirements of subsection
3700
(0(1) of this Section, the owner or operator must send notice to the
3701
Agency of intent to establish alternative financial assurance, as specified
3702
in this Section. The notice must be sent by certified mail within 90 days
3703
after the end of the fiscal year for which the year-end financial data show
3704
that the owner or operator no longer meets the requirements the owner or
3705
operator must provide the alternative financial assurance within 120 days
3706
after the end of such fiscal year.
3707
3708
7)
Based on a reasonable belief that the owner or operator may no longer
3709
meet the requirements of subsection (0(1) of this Section, the Agency may
3710
require reports of financial condition at any time from the owner or
3711
operator in addition to those specified in subsection (0(3) of this Section.
3712
If the Agency finds, on the basis of such reports or other information, that
3713
the owner or operator no longer meets the requirements of subsection
3714
(f)(1) of this Section, the owner or operator must provide alternative
3715
financial assurance, as specified in this Section, within 30 days after
3716
notification of such a finding.
3717
3718
8)
The Agency may disallow use of this test on the basis of qualifications in
3719
the opinion expressed by the independent certified public accountant in the
3720
accountant's report on examination of the owner's or operator's financial
3721
statements (see subsection (0(3)(B) of this Section). An adverse opinion
3722
or a disclaimer of opinion will be cause for disallowance. The Agency
3723
must evaluate other qualifications on an individual basis. The owner or
JCAR350724-0805228r01
3724
operator must provide alternative financial assurance, as specified in this
3725
Section, within 30 days after notification of the disallowance.
3726
3727
9)
During the period of post-closure care, the Agency must approve a
3728
decrease in the current post-closure cost estimate for which this test
3729
demonstrates financial assurance if the owner or operator demonstrates to
3730
the Agency that the amount of the cost estimate exceeds the remaining
3731
cost of post-closure care.
3732
3733
10)
The owner or operator is no longer required to submit the items specified
3734
in subsection (0(3) of this Section when either of the following occurs:
3735
3736
A)
An owner or operator substitutes alternative financial assurance, as
3737
specified in this Section; or
3738
3739
B)
The Agency releases the owner or operator from the requirements
3740
of this Section in accordance with subsection (i) of this Section.
3741
3742
11)
An owner or operator may meet the requirements of this Section by
3743
obtaining a written guarantee, hereafter referred to as "corporate
3744
guarantee." The guarantor must be the direct or higher-tier parent
3745
corporation of the owner or operator, a firm whose parent corporation is
3746
also the parent corporation of the owner or operator, or a firm with a
3747
"substantial business relationship" with the owner or operator. The
3748
guarantor must meet the requirements for owners or operators in
3749
subsections (f)(1) through (0(9), and must comply with the teens of the
3750
corporate guarantee. The wording of the corporate guarantee must be that
3751
specified in Section 724.251. A certified copy of the corporate guarantee
3752
must accompany the items sent to the Agency, as specified in subsection
3753
(0(3) of this Section. One of these items must be the letter from the
3754
guarantor's chief financial officer. If the guarantor's parent corporation is
3755
also the parent corporation of the owner or operator, the letter must
3756
describe the value received in consideration of the guarantee. If the
3757
guarantor is a firm with a "substantial business relationship" with the
3758
owner or operator, this letter must describe this "substantial business
3759
relationship" and the value received in consideration of the guarantee. The
3760
terms of the corporate guarantee must provide as follows:
3761
3762
A)
That if the owner or operator fails to perform post-closure care of a
3763
facility covered by the corporate guarantee in accordance with the
3764
post-closure plan and other permit requirements whenever required
3765
to do so, the guarantor will do so or establish a trust fund as
3766
specified in subsection (a) of this Section in the name of the owner
JCAR350724-0805228r01
3767
or operator.
3768
3769
B)
That the corporate guarantee will remain in force unless the
3770
guarantor sends notice of cancellation by certified mail to the
3771
owner or operator and to the Agency. Cancellation may not occur,
3772
however, during the 120 days beginning on the date of receipt of
3773
the notice of cancellation by both the owner or operator and the
3774
Agency, as evidenced by the return receipts.
3775
3776
C)
That if the owner or operator fails to provide alternative financial
3777
assurance as specified in this Section and obtain the written
3778
approval of such alternative assurance from the Agency within 90
3779
days after receipt by both the owner or operator and the Agency of
3780
a notice of cancellation of the corporate guarantee from the
3781
guarantor, the guarantor will provide such alternative financial
3782
assurance in the name of the owner or operator.
3783
3784
Use of multiple financial mechanisms. An owner or operator may satisfy the
3785
requirements of this Section by establishing more than one financial mechanism
3786
per facility. These mechanisms are limited to trust funds, surety bonds
3787
guaranteeing payment into a trust fund, letters of credit and insurance. The
3788
mechanisms must be as specified in subsections (a), (b), (d), and (e) of this
3789
Section, respectively, except that it is the combination of mechanisms, rather than
3790
the single mechanism, that must provide financial assurance for an amount at least
3791
equal to the current post-closure cost estimate. If an owner or operator uses a
3792
trust fund in combination with a surety bond or a letter of credit, it may use the
3793
trust fund as the standby trust fund for the other mechanisms. A single standby
3794
trust fund may be established for two or more mechanisms. The Agency may use
3795
any or all of the mechanisms to provide for post-closure care of the facility.
3796
3797
h)
Use of a financial mechanism for multiple facilities. An owner or operator may
3798
use a financial assurance mechanism specified in this Section to meet the
3799
requirements of this Section for more than one facility. Evidence of financial
3800
assurance submitted to the Agency must include a list showing, for each facility,
3801
the USEPA identification number, name, address, and the amount of funds for
3802
post-closure care assured by the mechanism. The amount of funds available
3803
through the mechanism must be no less than the sum of funds that would be
3804
available if a separate mechanism had been established and maintained for each
3805
facility. The amount of funds available to the Agency must be sufficient to close
3806
all of the owner or operator's facilities. In directing funds available through the
3807
mechanism for post-closure care of any of the facilities covered by the
3808
mechanism, the Agency may direct only the amount of funds designated for that
3809
facility, unless the owner or operator agrees to the use of additional funds
JCAR350724-0805228r01
3810
available under the mechanism.
3811
3812
i)
Release of the owner or operator from the requirements of this Section. Within
3813
60 days after receiving certifications from the owner or operator and a qualified
3814
Professional Engineer. ' . .
•
. . .
that the
3815
post-closure care period has been completed for a hazardous waste disposal unit
3816
in accordance with the approved plan, the Agency must notify the owner or
3817
operator that it is no longer required to maintain financial assurance for post-
3818
closure care of that unit, unless the Agency deten-nines that post-closure care has
3819
not been in accordance with the approved post-closure plan. The Agency must
3820
provide the owner or operator with a detailed written statement of any such
3821
determination that post-closure care has not been in accordance with the approved
3822
post-closure plan.
3823
3824
j)
Appeal. The following Agency actions are deemed to be permit modifications or
3825
refusals to modify for purposes of appeal to the Board (35 Ill. Adm. Code
3826
702.184(e)(3)):
3827
3828
1)
An increase in or a refusal to decrease the amount of a bond, letter of
3829
credit, or insurance;
3830
3831
2)
Requiring alternative assurance upon a finding that an owner or operator
3832
or parent corporation no longer meets a financial test.
3833
3834
(Source: Amended at 32 Ill. Reg.
, effective
)
3835
3836
Section 724.247 Liability Requirements
3837
3838
a)
Coverage for sudden accidental occurrences. An owner or operator of a
3839
hazardous waste treatment, storage, or disposal facility, or a group of such
3840
facilities, must demonstrate financial responsibility for bodily injury and property
3841
damage to third parties caused by sudden accidental occurrences arising from
3842
operations of the facility or group of facilities. The owner or operator must have
3843
and maintain liability coverage for sudden accidental occurrences in the amount
3844
of at least $1 million per occurrence with an annual aggregate of at least $2
3845
million, exclusive of legal defense costs. This liability coverage may be
3846
demonstrated as specified in subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or
3847
(a)(6) of this Section:
3848
3849
1)
An owner or operator may demonstrate the required liability coverage by
3850
having liability insurance, as specified in this subsection (a).
3851
3852
A)
Each insurance policy must be amended by attachment of the
JCAR350724-0805228r01
3853
Hazardous Waste Facility Liability Endorsement or evidenced by a
3854
Certificate of Liability Insurance. The wording of the endorsement
3855
and of the certificate of insurance must be that specified in Section
3856
724.251. The wording of the certificate of insurance must be that
3857
specified in Section 724.251.The owner or operator must submit a
3858
signed duplicate original of the endorsement or the certificate of
3859
insurance to the Agency. If requested by the Agency, the owner or
3860
operator must provide a signed duplicate original of the insurance
3861
policy. An owner or operator of a new facility must submit the
3862
signed duplicate original of the Hazardous Waste Facility Liability
3863
Endorsement or the Certificate of Liability Insurance to the
3864
Agency at least 60 days before the date on which hazardous waste
3865
is first received for treatment, storage, or disposal. The insurance
3866
must be effective before this initial receipt of hazardous waste.
3867
3868
B)
Each insurance policy must be issued by an insurer that is licensed
3869
by the Illinois Department of Insurance.
3870
3871
2)
An owner or operator may meet the requirements of this Section by
3872
passing a financial test or using the guarantee for liability coverage, as
3873
specified in subsections (f) and (g) of this Section.
3874
3875
3)
An owner or operator may meet the requirements of this Section by
3876
obtaining a letter of credit for liability coverage, as specified in subsection
3877
(h) of this Section.
3878
3879
4)
An owner or operator may meet the requirements of this Section by
3880
obtaining a surety bond for liability coverage, as specified in subsection (i)
3881
of this Section.
3882
3883
5)
An owner or operator may meet the requirements of this Section by
3884
obtaining a trust fund for liability coverage, as specified in subsection (j)
3885
of this Section.
3886
3887
6)
An owner or operator may demonstrate the required liability coverage
3888
through the use of combinations of insurance, financial test, guarantee,
3889
letter of credit, surety bond, and trust fund, except that the owner or
3890
operator may not combine a financial test covering part of the liability
3891
coverage requirement with a guarantee unless the financial statement of
3892
the owner or operator is not consolidated with the financial statement of
3893
the guarantor. The amounts of coverage demonstrated must total at least
3894
the minimum amounts required by this Section. If the owner or operator
3895
demonstrates the required coverage through the use of a combination of
JCAR350724-0805228r01
3896
financial assurances pursuant to this subsection (a), the owner or operator
3897
must specify at least one such assurance as "primary" coverage and must
3898
specify other such assurance as "excess" coverage.
3899
3900
7)
An owner or operator must notify the Agency within 30 days whenever
3901
any of the following occurs:
3902
3903
A)
A claim results in a reduction in the amount of financial assurance
3904
for liability coverage provided by a financial instrument authorized
3905
in subsections (a)(1) through (a)(6) of this Section;
3906
3907
B)
A Certification of Valid Claim for bodily injury or property
3908
damages caused by sudden or non-sudden accidental occurrence
3909
arising from the operation of a hazardous waste treatment, storage,
3910
or disposal facility is entered between the owner or operator and
3911
third-party claimant for liability coverage pursuant to subsections
3912
(a)(1) through (a)(6) of this Section; or
3913
3914
C)
A final court order establishing a judgement for bodily injury or
3915
property damage caused by a sudden or non-sudden accidental
3916
occurrence arising from the operation of a hazardous waste
3917
treatment, storage, or disposal facility is issued against the owner
3918
or operator or an instrument that is providing financial assurance
3919
for liability coverage pursuant to subsections (a)(1) through (a)(6)
3920
of this Section.
3921
3922
b)
Coverage for nonsudden accidental occurrences. An owner or operator of a
3923
surface impoundment, landfill, land treatment facility, or disposal miscellaneous
3924
unit that is used to manage hazardous waste, or a group of such facilities, must
3925
demonstrate financial responsibility for bodily injury and property damage to
3926
third parties caused by nonsudden accidental occurrences arising from operations
3927
of the facility or group of facilities. The owner or operator must have and
3928
maintain liability coverage for nonsudden accidental occurrences in the amount of
3929
at least $3 million per occurrence with an annual aggregate of at least $6 million,
3930
exclusive of legal defense costs. An owner or operator meeting the requirements
3931
of this Section may combine the required per-occurrence coverage levels for
3932
sudden and nonsudden accidental occurrences into a single per-occurrence level,
3933
and combine the required annual aggregate coverage levels for sudden and
3934
nonsudden accidental occurrences into a single annual aggregate level. Owners or
3935
operators who combine coverage levels for sudden and nonsudden accidental
3936
occurrences must maintain liability coverage in the amount of at least $4 million
3937
per occurrence and $8 million annual aggregate. This liability coverage may be
3938
demonstrated as specified in subsections (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or
JCAR350724-0805228r01
3939
(b)(6) of this Section:
3940
3941
1)
An owner or operator may demonstrate the required liability coverage by
3942
having liability insurance, as specified in this subsection (b).
3943
3944
A)
Each insurance policy must be amended by attachment of the
3945
Hazardous Waste Facility Liability Endorsement or evidenced by a
3946
Certificate of Liability Insurance. The wording of the endorsement
3947
must be that specified in Section 724.251. The wording of the
3948
certificate of insurance must be that specified in Section 724.251.
3949
The owner or operator must submit a signed duplicate original of
3950
the endorsement or the certificate of insurance to the Agency. If
3951
requested by the Agency, the owner or operator must provide a
3952
signed duplicate original of the insurance policy. An owner or
3953
operator of a new facility must submit the signed duplicate original
3954
of the Hazardous Waste Facility Liability Endorsement or the
3955
Certificate of Liability Insurance to the Agency at least 60 days
3956
before the date on which hazardous waste is first received for
3957
treatment, storage, or disposal. The insurance must be effective
3958
before this initial receipt of hazardous waste.
3959
3960
B)
Each insurance policy must be issued by an insurer that is licensed
3961
by the Illinois Department of Insurance.
3962
3963
2)
An owner or operator may meet the requirements of this Section by
3964
passing a financial test or using the guarantee for liability coverage, as
3965
specified in subsections (f) and (g) of this Section.
3966
3967
3)
An owner or operator may meet the requirements of this Section by
3968
obtaining a letter of credit for liability coverage, as specified in subsection
3969
(h) of this Section.
3970
3971
4)
An owner or operator may meet the requirements of this Section by
3972
obtaining a surety bond for liability coverage, as specified in subsection (i)
3973
of this Section.
3974
3975
5)
An owner or operator may meet the requirements of this Section by
3976
obtaining a trust fund for liability coverage, as specified in subsection (j)
3977
of this Section.
3978
3979
6)
An owner or operator may demonstrate the required liability coverage
3980
through the use of combinations of insurance, financial test, guarantee,
3981
letter of credit, surety bond, and trust fund, except that the owner or
JCAR350724-0805228r01
3982
operator may not combine a financial test covering part of the liability
3983
coverage requirement with a guarantee unless the financial statement of
3984
the owner or operator is not consolidated with the financial statement of
3985
the guarantor. The amounts of coverage demonstrated must total at least
3986
the minimum amounts required by this Section. If the owner or operator
3987
demonstrates the required coverage through the use of a combination of
3988
financial assurances pursuant to this subsection (b), the owner or operator
3989
must specify at least one such assurance as "primary" coverage and must
3990
specify other such assurance as "excess" coverage.
3991
3992
7)
An owner or operator must notify the Agency within 30 days whenever
3993
any of the following occurs:
3994
3995
A)
A claim results in a reduction in the amount of financial assurance
3996
for liability coverage provided by a financial instrument authorized
3997
in subsections (b)(1) through (b)(6) of this Section;
3998
3999
B)
A Certification of Valid Claim for bodily injury or property
4000
damages caused by sudden or non-sudden accidental occurrence
4001
arising from the operation of a hazardous waste treatment, storage,
4002
or disposal facility is entered between the owner or operator and
4003
third-party claimant for liability coverage pursuant to subsections
4004
(b)(1) through (b)(6) of this Section; or
4005
4006
C)
A final court order establishing a judgment for bodily injury or
4007
property damage caused by a sudden or non-sudden accidental
4008
occurrence arising from the operation of a hazardous waste
4009
treatment, storage, or disposal facility is issued against the owner
4010
or operator or an instrument that is providing financial assurance
4011
for liability coverage pursuant to subsections (b)(1) through (b)(6)
4012
of this Section.
4013
4014
c)
Request for adjusted level of required liability coverage. If an owner or operator
4015
demonstrates to the Agency that the levels of financial responsibility required by
4016
subsection (a) or (b) of this Section are not consistent with the degree and
4017
duration of risk associated with treatment, storage, or disposal at the facility or
4018
group of facilities, the owner or operator may obtain an adjusted level of required
4019
liability coverage from the Agency. The request for an adjusted level of required
4020
liability coverage must be submitted to the Agency as part of the application
4021
pursuant to 35 Ill. Adm. Code 703.182 for a facility that does not have a permit,
4022
or pursuant to the procedures for permit modification pursuant to 35 Ill. Adm.
4023
Code 705.128 for a facility that has a permit. If granted, the modification will
4024
take the form of an adjusted level of required liability coverage, such level to be
JCAR350724-0805228r01
4025
based on the Agency assessment of the degree and duration of risk associated
4026
with the ownership or operation of the facility or group of facilities. The Agency
4027
may require an owner or operator who requests an adjusted level of required
4028
liability coverage to provide such technical and engineering information as is
4029
necessary to determine a level of financial responsibility other than that required
4030
by subsection (a) or (b) of this Section. Any request for an adjusted level of
4031
required liability coverage for a permitted facility will be treated as a request for a
4032
permit modification pursuant to 35 Ill. Adm. Code 703.271(e)(3) and 705.128.
4033
4034
d)
Adjustments by the Agency. If the Agency determines that the levels of financial
4035
responsibility required by subsection (a) or (b) of this Section are not consistent
4036
with the degree and duration of risk associated with treatment, storage, or disposal
4037
at the facility or group of facilities, the Agency must adjust the level of financial
4038
responsibility required pursuant to subsection (a) or (b) of this Section as may be
4039
necessary to adequately protect human health and the environment. This adjusted
4040
level must be based on the Agency's assessment of the degree and duration of risk
4041
associated with the ownership or operation of the facility or group of facilities. In
4042
addition, if the Agency determines that there is a significant risk to human health
4043
and the environment from nonsudden accidental occurrences resulting from the
4044
operations of a facility that is not a surface impoundment, landfill, or land
4045
treatment facility, the Agency may require that an owner or operator of the facility
4046
comply with subsection (b) of this Section. An owner or operator must furnish to
4047
the Agency, within a time specified by the Agency in the request, which must be
4048
not be less than 30 days, any information that the Agency requests to detelinine
4049
whether cause exists for such adjustments of level or type of coverage. Any
4050
adjustment of the level or type of coverage for a facility that has a permit will be
4051
treated as a permit modification pursuant to 35 Ill. Adm. Code 703.271(e)(3) and
4052 705.128.
4053
4054
e)
Period of coverage. Within 60 days after receiving certifications from the owner
4055
or operator and a qualified Professional Engineeran independent registered
4056
professional engineer that final closure has been completed in accordance with the
4057
approved closure plan, the Agency must notify the owner or operator in writing
4058
that the owner or operator is no longer required by this Section to maintain
4059
liability coverage for that facility, unless the Agency determines that closure has
4060
not been in accordance with the approved closure plan.
4061
4062
Financial test for liability coverage.
4063
4064
1)
An owner or operator may satisfy the requirements of this Section by
4065
demonstrating that it passes a financial test as specified in this subsection
4066
(f). To pass this test the owner or operator must meet the criteria of
4067
subsection (f)(1)(A) or (f)(1)(B) of this Section:
JCAR350724-0805228r01
4068
4069
A)
The owner or operator must have the following:
4070
4071
i)
Net working capital and tangible net worth each at least six
4072
times the amount of liability coverage to be demonstrated
4073
by this test;
4074
4075
ii)
Tangible net worth of at least $10 million; and
4076
4077
iii)
Assets in the United States amounting to either of the
4078
following: at least 90 percent of the total assets; or at least
4079
six times the amount of liability coverage to be
4080
demonstrated by this test.
4081
4082
B)
The owner or operator must have the following:
4083
4084
i)
A current rating for its most recent bond issuance of AAA,
4085
AA, A, or BBB as issued by Standard and Poor's, or Aaa,
4086
Aa, A, or Baa as issued by Moody's;
4087
4088
ii)
Tangible net worth of at least $10 million;
4089
4090
iii)
Tangible net worth at least six times the amount of liability
4091
coverage to be demonstrated by this test; and
4092
4093
iv)
Assets in the United States amounting to either of the
4094
following: at least 90 percent of the total assets; or at least
4095
six times the amount of liability coverage to be
4096
demonstrated by this test.
4097
4098
2)
The phrase "amount of liability coverage" as used in subsection (f)(1) of
4099
this Section, refers to the annual aggregate amounts for which coverage is
4100
required pursuant to subsections (a) and (b) of this Section.
4101
4102
3)
To demonstrate that it meets this test, the owner or operator must submit
4103
the following three items to the Agency:
4104
4105
A)
A letter signed by the owner's or operator's chief financial officer
4106
and worded as specified in Section 724.251. If an owner or
4107
operator is using the financial test to demonstrate both assurance
4108
for closure or post-closure care, as specified by Sections
4109
724.243(f) and 724.245(f) and 35 Ill. Adm. Code 725.243(e) and
4110
725.245(e), and liability coverage, it must submit the letter
JCAR350724-0805228r01
4111
specified in Section 724.251 to cover both fort
is of financial
4112
responsibility; a separate letter, as specified in Section 724.251, is
4113
not required.
4114
4115
B)
A copy of the independent certified public accountant's report on
4116
examination of the owner's or operator's financial statements for
4117
the latest completed fiscal year.
4118
4119
C)
A special report from the owner's or operator's independent
4120
certified public accountant to the owner or operator stating the
4121
following:
4122
4123
i)
The accountant has compared the data that the letter from
4124
the chief financial officer specifies as having been derived
4125
from the independently audited, year-end financial
4126
statements for the latest fiscal year with the amounts in
4127
such financial statements; and
4128
4129
ii)
In connection with that procedure, no matters came to the
4130
accountant's attention that caused the accountant to believe
4131
that the specified data should be adjusted.
4132
4133
4)
An owner or operator of a new facility must submit the items specified in
4134
subsection (f)(3) of this Section to the Agency at least 60 days before the
4135
date on which hazardous waste is first received for treatment, storage, or
4136
disposal.
4137
4138
5)
After the initial submission of items specified in subsection (0(3) of this
4139
Section, the owner of operator must send updated information to the
4140
Agency within 90 days after the close of each succeeding fiscal year. This
4141
information must consist of all three items specified in subsection (0(3) of
4142
this Section.
4143
4144
6)
If the owner or operator no longer meets the requirements of subsection
4145
(0(1) of this Section, the owner or operator must obtain insurance, a letter
4146
of credit, a surety bond, a trust fund, or a guarantee for the entire amount
4147
of required liability coverage as specified in this Section. Evidence of
4148
insurance must be submitted to the Agency within 90 days after the end of
4149
the fiscal year for which the year-end financial data show that the owner
4150
or operator no longer meets the test requirements.
4151
4152
7)
The Agency may disallow use of this test on the basis of qualifications in
4153
the opinion expressed by the independent certified public accountant in the
JCAR350724-0805228r01
4154
accountant's report on examination of the owner's or operator's financial
4155
statements (see subsection (f)(3)(B) of this Section). An adverse opinion
4156
or a disclaimer of opinion will be cause for disallowance. The Agency
4157
must evaluate other qualifications on an individual basis. The owner or
4158
operator must provide evidence of insurance for the entire amount of
4159
required liability coverage, as specified in this Section, within 30 days
4160
after notification of disallowance.
4161
4162
Guarantee for liability coverage.
4163
4164
1)
Subject to subsection (g)(2) of this Section, an owner or operator may
4165
meet the requirements of this Section by obtaining a written guarantee,
4166
referred to as a "guarantee." The guarantor must be the direct or higher-
4167
tier parent corporation of the owner or operator, a firm whose parent
4168
corporation is also the parent corporation of the owner or operator, or a
4169
firm with a "substantial business relationship" with the owner or operator.
4170
The guarantor must meet the requirements for owners and operators in
4171
subsections (f)(1) through (f)(6) of this Section. The wording of the
4172
guarantee must be that specified in Section 724.251. A certified copy of
4173
the guarantee must accompany the items sent to the Agency, as specified
4174
in subsection (f)(3) of this Section. One of these items must be the letter
4175
from the guarantor's chief financial officer. If the guarantor's parent
4176
corporation is also the parent corporation of the owner or operator, this
4177
letter must describe the value received in consideration of the guarantee.
4178
If the guarantor is a firm with a "substantial business relationship" with the
4179
owner or operator, this letter must describe this "substantial business
4180
relationship" and the value received in consideration of the guarantee.
4181
The terms of the guarantee must provide for the following:
4182
4183
A)
If the owner or operator fails to satisfy a judgment based on a
4184
determination of liability for bodily injury or property damage to
4185
third parties caused by sudden or nonsudden accidental
4186
occurrences (or both as the case may be) arising from the operation
4187
of facilities covered by this guarantee, or if the owner or operator
4188
fails to pay an amount agreed to in settlement of claims arising
4189
from or alleged to arise from such injury or damage, that the
4190
guarantor will do so up to the limits of coverage.
4191
4192
B)
That the guarantee will remain in force unless the guarantor sends
4193
notice of cancellation by certified mail to the owner or operator
4194
and to the Agency. The guarantee must not be terminated unless
4195
and until the Agency approves alternative liability coverage
4196
complying with Section 724.247 or 35 Ill. Adm. Code 725.247.
JCAR350724-0805228r01
4197
4198
2)
The guarantor must execute the guarantee in Illinois. The guarantee must
4199
be accompanied by a letter signed by the guarantor that states as follows:
4200
4201
A)
The guarantee was signed in Illinois by an authorized agent of the
4202
guarantor;
4203
4204
B)
The guarantee is governed by Illinois law; and
4205
4206
C)
The name and address of the guarantor's registered agent for
4207
service of process.
4208
4209
3)
The guarantor must have a registered agent pursuant to Section 5.05 of the
4210
Business Corporation Act of 1983 [805 ILCS 5/5.05] or Section 105.05 of
4211
the General Not-for-Profit Corporation Act of 1986 [805 ILCS
4212
105/105.05].
4213
4214
h)
Letter of credit for liability coverage.
4215
4216
1)
An owner or operator may satisfy the requirements of this Section by
4217
obtaining an irrevocable standby letter of credit that conforms to the
4218
requirements of this subsection (h), and submitting a copy of the letter of
4219
credit to the Agency.
4220
4221
2)
The financial institution issuing the letter of credit must be an entity that
4222
has the authority to issue letters of credit and whose letter of credit
4223
operations are regulated and examined by the Illinois Commissioner of
4224
Banks and Trust Companies.
4225
4226
3)
The wording of the letter of credit must be that specified in Section
4227
724.251.
4228
4229
4)
An owner or operator who uses a letter of credit to satisfy the
4230
requirements of this Section may also establish a trust fund. Under the
4231
terms of such a letter of credit, all amounts paid pursuant to a draft by the
4232
trustee of the standby trust in accordance with instructions from the
4233
trustee. The trustee of the standby trust fund must be an entity that has the
4234
authority to act as a trustee and whose trust operations are regulated and
4235
examined by the Illinois Commissioner of Banks and Trust Companies, or
4236
who complies with the Corporate Fiduciary Act [205 ILCS 620].
4237
4238
5)
The wording of the standby trust fund must be identical to that specified in
4239
Section 724.251(n).
JCAR350724-0805228r01
4240
4241 i)
Surety bond for liability coverage.
4242
4243
1)
An owner or operator may satisfy the requirements of this Section by
4244
obtaining a surety bond that conforms to the requirements of this
4245
subsection (i) and submitting a copy of the bond to the Agency.
4246
4247
2)
The surety company issuing the bond must be licensed by the Illinois
4248
Department of Insurance.
4249
4250
3)
The wording of the surety bond must be that specified in Section 724.251.
4251
4252
j)
Trust fund for liability coverage.
4253
4254
1)
An owner or operator may satisfy the requirements of this Section by
4255
establishing a trust fund that conforms to the requirements of this
4256
subsection (j) and submitting a signed, duplicate original of the trust
4257
agreement to the Agency.
4258
4259
2)
The trustee must be an entity that has the authority to act as a trustee and
4260
whose trust operations are regulated and examined by the Illinois
4261
Commissioner of Banks and Trust Companies, or who complies with the
4262
Corporate Fiduciary Act [205 ILCS 620].
4263
4264
3)
The trust fund for liability coverage must be funded for the full amount of
4265
the liability coverage to be provided by the trust fund before it may be
4266
relied upon to satisfy the requirements of this Section. If at any time after
4267
the trust fund is created the amount of funds in the trust fund is reduced
4268
below the full amount of liability coverage to be provided, the owner or
4269
operator, by the anniversary of the date of establishment of the fund, must
4270
either add sufficient funds to the trust fund to cause its value to equal the
4271
full amount of liability coverage to be provided, or obtain other financial
4272
assurance as specified in this Section to cover the difference. For purposes
4273
of this subsection (j), "the full amount of the liability coverage to be
4274
provided" means the amount of coverage for sudden and non-sudden
4275
accidental occurrences required to be provided by the owner or operator
4276
by this Section, less the amount of financial assurance for liability
4277
coverage that is being provided by other financial assurance mechanisms
4278
being used to demonstrate financial assurance by the owner or operator.
4279
4280
4)
The wording of the trust fund must be that specified in Section 724.251.
4281
4282 (Source: Amended at 32 Ill. Reg.
, effective
JCAR350724-0805228r01
4283
4284
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
4285
4286
Section 724.274 Inspections
4287
4288
At least weekly, the owner or operator must inspect areas where containers are stored, except for
4289 the owner or operator of a Performance Track member facility, which may conduct inspections
4290 at least once each month, after approval by the Agency. To apply for reduced inspection
4291
frequencies, the owner or operator of the Performance Track member facility must follow the
4292
procedures identified in Section 724.115(b)(5). The owner or operator must looklooking for
4293
leaking containers and for deterioration of containers and the containment system caused by
4294
corrosion or other factors.
4295
4296 BOARD NOTE: See Sections 724.115(c) and 724.271 for remedial action required if
4297
deterioration or leaks are detected.
4298
4299
(Source: Amended at 32 Ill. Reg.
, effective
)
4300
4301
Section 724.275 Containment
4302
4303
a)
Container storage areas must have a containment system that is designed and
4304
operated in accordance with subsection (b) of this Section, except as otherwise
4305
provided by subsection (c) of this Section;
4306
4307
b)
A containment system must be designed and operated as follows:
4308
4309
1)
A base must underlieundcrlay the containers that is free of cracks or gaps
4310
and is sufficiently impervious to contain leaks, spills, and accumulated
4311
precipitation until the collected material is detected and removed.
4312
4313
2)
The base must be sloped or the containment system must be otherwise
4314
designed and operated to drain and remove liquids resulting from leaks,
4315
spills, or precipitation, unless the containers are elevated or are otherwise
4316
protected from contact with accumulated liquids;
4317
4318
3)
The containment system must have sufficient capacity to contain 10
4319
percent of the volume of containers or the volume of the largest container,
4320
whichever is greater. Containers that do not contain free liquids need not
4321
be considered in this determination;
4322
4323
4)
Run-on into the containment system must be prevented, unless the
4324
collection system has sufficient excess capacity in addition to that required
4325
in subsection (b)(3) of this Section to contain any run-on that might enter
JCAR350724-0805228r01
4326
the system; and
4327
4328
5)
Spilled or leaked waste and accumulated precipitation must be removed
4329
from the sump or collection area in as timely a manner as is necessary to
4330
prevent overflow of the collection system.
4331
4332
BOARD NOTE: If the collected material is a hazardous waste, it must be
4333
managed as a hazardous waste in accordance with all applicable requirements of
4334
35 Ill. Adm. Code 722 through 728. If the collected material is discharged
4335
through a point source to waters of the State, it is subject to the National Pollution
4336
Discharge Elimination System (NPDES) permit requirement of Section 12(f) of
4337
the Environmental Protection Act [415 ILCS 5/12(f)] and 35 Ill. Adm. Code
4338
309.102.
4339
4340
c)
Storage areas that store containers holding only wastes that do not contain free
4341
liquids need not have a containment system defined by subsection (b) of this
4342
Section, except as provided by subsection (d) of this Section, or provided as
4343
follows:
4344
4345
1)
That the storage area is sloped or is otherwise designed and operated to
4346
drain and remove liquid resulting from precipitation, or
4347
4348
2)
That the containers are elevated or are otherwise protected from contact
4349
with accumulated liquid.
4350
4351
d)
Storage areas that store containers holding the wastes listed below that do not
4352
contain free liquids must have a containment system defined by subsection (b) of
4353
this Section: F020, F021, F022, F023, F026, and F027.
4354
4355
(Source: Amended at 32 Ill. Reg.
, effective
4356
4357
SUBPART J: TANK SYSTEMS
4358
4359
Section 724.291 Assessment of Existing Tank System Integrity
4360
4361
a)
For each existing tank system that does not have secondary containment meeting
4362
the requirements of Section 724.293, the owner or operator must determine either
4363
that the tank system is not leaking or that it is unfit for use. Except as provided in
4364
subsection (c) of this Section, the owner or operator must, by January 12, 1988,
4365
obtain and keep on file at the facility a written assessment reviewed and certified
4366
by as ind
epe
nden
t
, qualified
Professional Enginee
4367
engineer, in accordance with 35 Ill. Adm. Code 702.126(d), that attests to the tank
4368
system's integrity.
- .
JCAR350724-0805228r01
4369
4370
b)
This assessment must determine whether the tank system is adequately designed
4371
and has sufficient structural strength and compatibility with the wastes to be
4372
stored or treated, to ensure that it will not collapse, rupture, or fail. At a
4373
minimum, this assessment must consider the following:
4374
4375
1)
Design standards , if available, according to which the tank and ancillary
4376
equipment were constructed;
4377
4378
2)
Hazardous characteristics of the wastes that have been and will be
4379
handled;
4380
4381
3)
Existing corrosion protection measures;
4382
4383
4)
Documented age of the tank system, if available (otherwise an estimate of
4384
the age); and
4385
4386
5)
Results of a leak test, internal inspection, or other tank integrity
4387
examination so that the following is true:
4388
4389
4390
4391
4392
4393
4394
B)
For other than non-enterable underground tanks and for ancillary
4395
equipment, this assessment must include either a leak test, as
4396
described above, or other integrity examination that is certified by
4397
aan independent, qualified Professional Engineerjegister-ed
4399
702.126(d), that address cracks, leaks, corrosion, and erosion.
4400
4401
4402
4403
4404
4405
4406
4407
c)
Tank systems that store or treat materials that become hazardous wastes
4408
subsequent to July 14, 1986, must conduct this assessment within 12 months after
4409
the date that the waste becomes a hazardous waste.
4410
4411
d)
If, as a result of the assessment conducted in accordance with subsection (a) of
A)
For non-enterable underground tanks, the assessment must include
a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pockets, and
high water table effects, and
4398
•
Z
•
.
• • •?
• •
in accordance with 35 Ill. Adm. Code
BOARD NOTE: The practices described in the American Petroleum
Institute (API) Publication, "Guide for Inspection of Refinery Equipment,"
Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks,"
incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used,
where applicable, as guidelines in conducting other than a leak test.
JCAR350724-0805228r01
4412
this Section, a tank system is found to be leaking or unfit for use, the owner or
4413
operator must comply with the requirements of Section 724.296.
4414
4415
(Source: Amended at 32 Ill. Reg.
, effective )
4416
4417
Section 724.292 Design and Installation of New Tank Systems or Components
4418
4419
a)
Owners or operators of new tank systems or components must obtain and submit
4420
to the Agency, at time of submittal of Part B information, a written assessment,
4421
reviewed and certified by aan independent, qualified Professional
4422
Engineer,rcgistcred professional engineer in accordance with 35 Ill. Adm. Code
4423
702.126(d), attesting that the tank system has sufficient structural integrity and is
4424
acceptable for the storing and treating of hazardous waste. The assessment must
4425
show that the foundation, structural support, seams, connections, and pressure
4426
controls (if applicable) are adequately designed and that the tank system has
4427
sufficient structural strength, compatibility with the wastes to be stored or treated
4428
and corrosion protection to ensure that it will not collapse, rupture, or fail. This
4429
assessment, which will be used by the Agency to review and approve or
4430
disapprove the acceptability of the tank system design, must include, at a
4431
minimum, the following information:
4432
4433
1)
Design standards according to which tanks or the ancillary equipment are
4434
constructed;
4435
4436
2)
Hazardous characteristics of the wastes to be handled;
4437
4438
3)
For new tank systems or components in which the external shell of a metal
4439
tank or any external metal component of the tank system will be in contact
4440
with the soil or with water, a determination by a corrosion expert of the
4441
following:
4442
4443
A)
Factors affecting the potential for corrosion, including but not
4444
limited to the following:
4445
4446
Soil moisture content;
4447
4448
ii)
Soil pH;
4449
4450
iii)
Soil sulfide level;
4451
4452
iv)
Soil resistivity;
4453
4454
v)
Structure to soil potential;
JCAR350724-0805228r01
4455
4456
vi)
Influence of nearby underground metal structures (e.g.,
4457
piping);
4458
4459
vii)
Existence of stray electric current;
4460
4461
viii) Existing corrosion-protection measures (e.g., coating,
4462
cathodic protection, etc.); and
4463
4464
B)
The type and degree of external corrosion protection that are
4465
needed to ensure the integrity of the tank system during the use of
4466
the tank system or component, consisting of one or more of the
4467
following:
4468
4469
i)
Corrosion-resistant materials of construction, such as
4470
special alloys, fiberglass reinforced plastic, etc.;
4471
4472
ii)
Corrosion-resistant coating, such as epoxy, fiberglass, etc.,
4473
with cathodic protection (e.g., impressed current or
4474
sacrificial anodes); and
4475
4476
iii)
Electrical isolation devices, such as insulating joints,
4477
flanges, etc.
4478
4479
BOARD NOTE: The practices described in the National
4480
Association of Corrosion Engineers (NACE) standard "Control of
4481
External Corrosion on Metallic Buried, Partially Buried, or
4482
Submerged Liquid Storage Systems," NACE Recommended
4483
Practice RP0285, and "Cathodic Protection of Underground
4484
Petroleum Storage Tanks and Piping Systems," API
4485
Recommended Practice 1632, each incorporated by reference in 35
4486
Ill. Adm. Code 720.111(a), may be used, where applicable, as
4487
guidelines in providing corrosion protection for tank systems.
4488
4489
4)
For underground tank system components that are likely to be adversely
4490
affected by vehicular traffic, a determination of design or operational
4491
measures that will protect the tank system against potential damage; and
4492
4493
5)
Design considerations to ensure the following:
4494
4495
A)
That tank foundations will maintain the load of a full tank;
4496
4497
B)
That tank systems will be anchored to prevent flotation or
JCAR350724-0805228r01
4498
dislodgment where the tank system is placed in a saturated zone,
or
4499
is located within a seismic fault zone subject to the standards of
4500
Section 724.118(a); and
4501
4502
C)
That tank systems will withstand the effects of frost heave.
4503
4504
b)
The owner or operator of a new tank system must ensure that proper handling
4505
procedures are adhered to in order to prevent damage to the system during
4506
installation. Prior to covering, enclosing or placing a new tank system or
4507
component in use, an independent qualified installation inspector or aan
4508
ifidependent qualified Professional Enginee
4509
either of whom is trained and experienced in the proper installation of tank
4510
systems or components, must inspect the system for the presence of any of the
4511
following items:
4512
4513 1)
Weld breaks;
4514
4515
2)
Punctures;
4516
4517
3)
Scrapes of protective coatings;
4518
4519
4)
Cracks;
4520
4521
5)
Corrosion;
4522
4523
6)
Other structural damage or inadequate construction or installation. All
4524
discrepancies must be remedied before the tank system is covered,
4525
enclosed, or placed in use.
4526
4527
c)
New tank systems or components that are placed underground and which are
4528
backfilled must be provided with a backfill material that is a noncorrosive,
4529
porous, and homogeneous substance which is installed so that the backfill is
4530
placed completely around the tank and compacted to ensure that the tank and
4531
piping are fully and uniformly supported.
4532
4533 d)
All new tanks and ancillary equipment must be tested for tightness prior to being
4534
covered, enclosed or placed in use. If a tank system is found not to be tight, all
4535
repairs necessary to remedy the leaks in the system must be performed prior to the
4536
tank system being covered, enclosed, or placed into use.
4537
4538
e)
Ancillary equipment must be supported and protected against physical damage
4539
and excessive stress due to settlement, vibration, expansion, or contraction.
4540
.
.
JCAR3 50724-0805228r01
4541
BOARD NOTE: The piping system installation procedures described in
4542
"Installation of Underground Petroleum Storage Systems," API Recommended
4543
Practice 1615, or "Chemical Plant and Petroleum Refinery Piping," ASME/ANSI
4544
Standard B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988, and
4545
"Liquid Petroleum Transportation Piping Systems for Hydrocarbons, Liquid
4546
Petroleum Gas, Anhydrous Ammonia, and Alcohols," ASME/ANSI Standard
4547
B31.4-1986, as supplemented by B31.4a-1987, each incorporated by reference in
4548
35 Ill. Adm. Code 720.111(a), may be used where applicable, as guidelines for
4549
proper installation of piping systems.
4550
4551
f)
The owner or operator must provide the type and degree of corrosion protection
4552
recommended by an independent corrosion expert, based on the information
4553
provided under subsection (a)(3) of this Section, or other corrosion protection if
4554
the Agency determines that other corrosion protection is necessary to ensure the
4555
integrity of the tank system during use of the tank system. The installation of a
4556
corrosion protection system that is field fabricated must be supervised by an
4557
independent corrosion expert to ensure proper installation.
4558
4559
g)
The owner or operator must obtain and keep on file at the facility written
4560
statements by those persons required to certify the design of the tank system and
4561
supervise the installation of the tank system in accordance with the requirements
4562
of subsections (b) through (f) of this Section, that attest that the tank system was
4563
properly designed and installed and that repairs, pursuant to subsections (b) and
4564
(d) of this Section, were performed. These written statements must also include
4565
the certification statement, as required in 35 Ill. Adm. Code 702.126(d).
4566
4567
(Source: Amended at 32 Ill. Reg.
, effective )
4568
4569
Section
724.293
Containment and Detection of Releases
4570
4571 a)
In order to prevent the release of hazardous waste or hazardous constituents to the
4572
environment, secondary containment that meets the requirements of this Section
4573
must be provided (except as provided in subsections (f) and (g) of this Section).
4574
4575
1)
For a new or existing tank system or component, prior to their being put
4576
into service_.;
4577
4578
2)
For all existing tank systems uscd to storc or treat Hazardous Waste
4579
Numbers F020, F021, F022, F023, F026, or F027, as defined in 35 Ill.
4580
Adm. Code 721.131, within two years after January 12, 1987;
4581
4582
3-)
For those existing tank systems of known and documented age, within two
4583
years after January 12, 1987, or when the tank system has reached 15
JCAR350724-0805228r01
4584
years of age, whichever comes later;
4585
4586
For those existing tank systems for which the age cannot be documented,
4587
within eight years of January 12, 1987; but if the age of the facility is
4588
4589
time the facility reaches 15 years of age, or within two years of January
4590
12, 1987, whichever comes later; and
4591
4592
25)
For a tank systemsystems that storesstore or treatstrcat materials that
4593
become hazardous wastes subsequent to January 12, 1987, within two
4594
years after thethc time intervals required in subsections (a)(1) through
4595
(a)(4) of this Section, except that the date that a material becomes a
4596
hazardous waste listing, or when the tank system has reached 15 years of
4597
age, whichever comes late
4598
4599
b)
Secondary containment systems must fulfill the following:
4600
4601
1)
It must be designed, installed, and operated to prevent any migration of
4602
wastes or accumulated liquid out of the system to the soil, groundwater, or
4603
surface water at any time during the use of the tank system; and
4604
4605
2)
It must be capable of detecting and collecting releases and accumulated
4606
liquids until the collected material is removed.
4607
4608 c)
To meet the requirements of subsection (b) of this Section, secondary containment
4609
systems must, at a minimum, fulfill the following:
4610
4611
1)
It must be constructed of or lined with materials that are compatible with
4612
the wastes to be placed in the tank system and must have sufficient
4613
strength and thickness to prevent failure owing to pressure gradients
4614
(including static head and external hydrological forces), physical contact
4615
with the waste to which it is exposed, climatic conditions, and the stress of
4616
daily operation (including stresses from nearby vehicular traffic);
4617
4618
2)
It must be placed on a foundation or base capable of providing support to
4619
the secondary containment system, resistance to pressure gradients above
4620
and below the system, and capable of preventing failure due to settlement,
4621
compression or uplift;
4622
4623
3)
It must be provided with a leak-detection system that is designed and
4624
operated so that it will detect the failure of either the primary or secondary
4625
containment structure or the presence of any release of hazardous waste or
4626
accumulated liquid in the secondary containment system within 24 hours,
JCAR350724-0805228r01
4627
or at the earliest practicable time if the owner or operator demonstrates, by
4628
way of permit application, to the Agency that existing detection
4629
technologies or site conditions will not allow detection of a release within
4630
24 hours; and
4631
4632
4)
It must be sloped or otherwise designed or operated to drain and remove
4633
liquids resulting from leaks, spills, or precipitation. Spilled or leaked
4634
waste and accumulated precipitation must be removed from the secondary
4635
containment system within 24 hours, or in as timely a manner as is
4636
possible to prevent harm to human health and the environment, if the
4637
owner or operator demonstrates to the Agency, by way of permit
4638
application, that removal of the released waste or accumulated
4639
precipitation cannot be accomplished within 24 hours.
4640
4641
BOARD NOTE: If the collected material is a hazardous waste under 35
4642
Ill. Adm. Code 721, it is subject to management as a hazardous waste in
4643
accordance with all applicable requirements of 35 Ill. Adm. Code 722
4644
through 728. If the collected material is discharged through a point source
4645
to waters of the State, it is subject to the NPDES permit requirement of
4646
Section 12(f) of the Environmental Protection Act and 35 Ill. Adm. Code
4647
309. If discharged to a Publicly Owned Treatment Work (POTW), it is
4648
subject to the requirements of 35 Ill. Adm. Code 307 and 310. If the
4649
collected material is released to the environment, it may be subject to the
4650
reporting requirements of 35 Ill. Adm. Code 750.410 and federal 40 CFR
4651
302.6.
4652
4653
d)
Secondary containment for tanks must include one or more of the following
4654
devices:
4655
4656
1)
A liner (external to the tank);
4657
4658
2)
A vault;
4659
4660
3)
A double-walled tank; or
4661
4662
4)
An equivalent device, as approved by the Board in an adjusted standards
4663
proceeding.
4664
4665
e)
In addition to the requirements of subsections (b), (c), and (d) of this Section,
4666
secondary containment systems must satisfy the following requirements:
4667
4668
1)
An external liner system must fulfill the following:
4669
JCAR350724-0805228r01
4670
A)
It must be designed or operated to contain 100 percent of the
4671
capacity of the largest tank within its boundary.
4672
4673
B)
It must be designed or operated to prevent run-on or infiltration of
4674
precipitation into the secondary containment system, unless the
4675
collection system has sufficient excess capacity to contain run-on
4676
or infiltration. Such additional capacity must be sufficient to
4677
contain precipitation from a 25-year, 24-hour rainfall event.
4678
4679
C)
It must be free of cracks or gaps.
4680
4681
D)
It must be designed and installed to surround the tank completely
4682
and to cover all surrounding earth likely to come into contact with
4683
the waste if the waste is released from the tanks (i.e., it is capable
4684
of preventing lateral as well as vertical migration of the waste).
4685
4686
2)
A vault system must fulfill the following:
4687
4688
A)
It must be designed or operated to contain 100 percent of the
4689
capacity of the largest tank within the vault system's boundary;
4690
4691
B)
It must be designed or operated to prevent run-on or infiltration of
4692
precipitation into the secondary containment system unless the
4693
collection system has sufficient excess capacity to contain run-on
4694
or infiltration. Such additional capacity must be sufficient to
4695
contain precipitation from a 25-year, 24-hour rainfall event;
4696
4697
C)
It must be constructed with chemical-resistant water stops in place
4698
at all joints (if any);
4699
4700
D)
It must be provided with an impermeable interior coating or lining
4701
that is compatible with the stored waste and that will prevent
4702
migration of waste into the concrete;
4703
4704
E)
It must be provided with a means to protect against the formation
4705
of and ignition of vapors within the vault, if the waste being stored
4706
or treated fulfills the following:
4707
4708
i)
It meets the definition of ignitable waste under 35 Ill. Adm.
4709
Code 721.121; or
4710
4711
ii)
It meets the definition of reactive waste under 35 Ill. Adm.
4712
Code 721.123, and may form an ignitable or explosive
JCAR350724-0805228r01
4713
vapor;
4714
4715
F)
It must be provided with an exterior moisture barrier or be
4716
otherwise designed or operated to prevent migration of moisture
4717
into the vault if the vault is subject to hydraulic pressure.
4718
4719
3)
A double-walled tank must fulfill the following:
4720
4721
A)
It must be designed as an integral structure (i.e., an inner tank
4722
completely enveloped within an outer shell) so that any release
4723
from the inner tank is contained by the outer shell;
4724
4725
B)
It must be protected, if constructed of metal, from both corrosion
4726
of the primary tank interior and of the external surface of the outer
4727
shell; and
4728
4729
C)
It must be provided with a built-in continuous leak detection
4730
system capable of detecting a release within 24 hours, or at the
4731
earliest practicable time, if the owner or operator demonstrates, by
4732
way of permit application, to the Agency that the existing detection
4733
technology or site conditions would not allow detection of a
4734
release within 24 hours.
4735
4736
BOARD NOTE: The provisions outlined in the Steel Tank
4737
Institute document (STI) "Standard for Dual Wall Underground
4738
Steel Storage Tanks," incorporated by reference in 35 Ill. Adm.
4739
Code 720.111(a), may be used as a guideline for aspects of the
4740
design of underground steel double-walled tanks.
4741
4742
f)
Ancillary equipment must be provided with secondary containment (e.g., trench,
4743
jacketing, double-walled piping, etc.) that meets the requirements of subsections
4744
(b) and (c) of this Section, except as follows:
4745
4746
1)
Aboveground piping (exclusive of flanges, joints, valves, and other
4747
connections) that are visually inspected for leaks on a daily basis;
4748
4749
2)
Welded flanges, welded joints, and welded connections that are visually
4750
inspected for leaks on a daily basis;
4751
4752
3)
Sealless or magnetic coupling pumps and sealless valves that are visually
4753
inspected for leaks on a daily basis; and
4754
4755
4)
Pressurized aboveground piping systems with automatic shut-off devices
JCAR350724-0805228r01
4756
(e.g., excess flow check valves, flow metering shutdown devices, loss of
4757
pressure actuated shut-off devices, etc.) that are visually inspected for
4758
leaks on a daily basis.
4759
4760
Pursuant to Section 28.1 of the Environmental Protection Act [415 ILCS 5/28.1],
4761
and in accordance with 35 Ill. Adm. Code 101 and 104, an adjusted standard will
4762
be granted by the Board regarding alternative design and operating practices only
4763
if the Board finds either that the alternative design and operating practices,
4764
together with location characteristics, will prevent the migration of any hazardous
4765
waste or hazardous constituents into the groundwater or surface water at least as
4766
effectively as secondary containment during the active life of the tank system, or
4767
that in the event of a release that does migrate to groundwater or surface water, no
4768
substantial present or potential hazard will be posed to human health or the
4769
environment. New underground tank systems may not receive an adjusted
4770
standard from the secondary containment requirements of this Section through a
4771
justification in accordance with subsection (g)(2) of this Section.
4772
4773
1)
When determining whether to grant alternative design and operating
4774
practices based on a demonstration of equivalent protection of
4775
groundwater and surface water, the Board will consider whether the
4776
petitioner has justified an adjusted standard based on the following factors:
4777
4778
A)
The nature and quantity of the wastes;
4779
4780
B)
The proposed alternative design and operation;
4781
4782
C)
The hydrogeologic setting of the facility, including the thickness of
4783
soils present between the tank system and groundwater; and
4784
4785
D)
All other factors that would influence the quality and mobility of
4786
the hazardous constituents and the potential for them to migrate to
4787
groundwater or surface water.
4788
4789
2)
When determining whether to grant alternative design and operating
4790
practices based on a demonstration of no substantial present or potential
4791
hazard, the Board will consider whether the petitioner has justified an
4792
adjusted standard based on the following factors:
4793
4794
A)
The potential adverse effects on groundwater, surface water and
4795
land quality taking into account, considering the following:
4796
4797
i)
The physical and chemical characteristics of the waste in
4798
the tank system, including its potential for migration;
JCAR350724-0805228r01
4799
4800
ii)
The hydrogeological characteristics of the facility and
4801
surrounding land;
4802
4803
iii)
The potential for health risk caused by human exposure to
4804
waste constituents;
4805
4806
iv)
The potential for damage to wildlife, crops, vegetation, and
4807
physical structures caused by exposure to waste
4808
constituents; and
4809
4810
v)
The persistence and permanence of the potential adverse
4811
effects.
4812
4813
B)
The potential adverse effects of a release on groundwater quality,
4814
taking into account;
4815
4816
i)
The quantity and quality of groundwater and the direction
4817
of groundwater flow;
4818
4819
ii)
The proximity and withdrawal rates of groundwater users;
4820
4821
iii)
The current and future uses of groundwater in the area; and
4822
4823
iv)
The existing quality of groundwater, including other
4824
sources of contamination and their cumulative impact on
4825
the groundwater quality.
4826
4827
C)
The potential adverse effects of a release on surface water quality,
4828
taking the following into account:
4829
4830
i)
The quantity and quality of groundwater and the direction
4831
of groundwater flow;
4832
4833
ii)
The patterns of rainfall in the region;
4834
4835
iii)
The proximity of the tank system to surface waters;
4836
4837
The current and future uses of surface waters in the area
4838
and water quality standards established for those surface
4839
waters; and
4840
4841
v)
The existing quality of surface water, including other
JCAR350724-0805228r01
4842
sources of contamination and the cumulative impact on
4843
surface water quality.
4844
4845
D)
The potential adverse effect of a release on the land surrounding
4846
the tank system, taking the following into account:
4847
4848
i)
The patterns of rainfall in the region; and
4849
4850
ii)
The current and future uses of the surrounding land.
4851
4852
3)
The owner or operator of a tank system, for which alternative design and
4853
operating practices had been granted in accordance with the requirements
4854
of subsection (g)(1) of this Section, at which a release of hazardous waste
4855
has occurred from the primary tank system but which has not migrated
4856
beyond the zone of engineering control (as established in the alternative
4857
design and operating practices), must do the following:
4858
4859
A)
It must comply with the requirements of Section 724.296, except
4860
Section 724.296(d); and
4861
4862
B)
It must decontaminate or remove contaminated soil to the extent
4863
necessary to do the following:
4864
4865
i)
Enable the tank system for which the alternative design and
4866
operating practices were granted to resume operation with
4867
the capability for the detection of releases at least
4868
equivalent to the capability it had prior to the release; and
4869
4870
ii)
Prevent the migration of hazardous waste or hazardous
4871
constituents to groundwater or surface water; and
4872
4873
C)
If contaminated soil cannot be removed or decontaminated in
4874
accordance with subsection (g)(3)(B) of this Section, the owner or
4875
operator must comply with the requirement of Section 724.297(b).
4876
4877
4)
The owner or operator of a tank system, for which alternative design and
4878
operating practices had been granted in accordance with the requirements
4879
of subsection (g)(1) of this Section, at which a release of hazardous waste
4880
has occurred from the primary tank system and which has migrated
4881
beyond the zone of engineering control (as established in the alternative
4882
design and operating practices), must do the following:
4883
4884
A)
Comply with the requirements of Section 724.296(a), (b), (c), and
JCAR350724-0805228r01
4885
(d); and
4886
4887
B)
Prevent the migration of hazardous waste or hazardous constituents
4888
to groundwater or surface water, if possible, and decontaminate or
4889
remove contaminated soil. If contaminated soil cannot be
4890
decontaminated or removed, or if groundwater has been
4891
contaminated, the owner or operator must comply with the
4892
requirements of Section 724.297(b); and
4893
4894
C)
If repairing, replacing or reinstalling the tank system, provide
4895
secondary containment in accordance with the requirements of
4896
subsections (a) through (0 of this Section, or make the alternative
4897
design and operating practices demonstration to the Board again,
4898
and meet the requirements for new tank systems in Section
4899
724.292 if the tank system is replaced. The owner or operator
4900
must comply with these requirements even if contaminated soil is
4901
decontaminated or removed and groundwater or surface water has
4902
not been contaminated.
4903
4904
h)
In order to make an alternative design and operating practices, the owner or
4905
operator must follow the following procedures in addition to those specified in
4906
Section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104:
4907
4908
1)
The owner or operator must file a petition for approval of alternative
4909
design and operating practices according to the following schedule:
4910
4911
A)
For existing tank systems, at least 24 months prior to the date that
4912
secondary containment must be provided in accordance with
4913
subsection (a) of this Section.
4914
4915
B)
For new tank systems, at least 30 days prior to entering into a
4916
contract for installation.
4917
4918
2)
As part of the petition, the owner or operator must also submit the
4919
following to the Board:
4920
4921
A)
A description of the steps necessary to conduct the demonstration
4922
and a timetable for completing each of the steps. The
4923
demonstration must address each of the factors listed in subsection
4924
(g)(1) or (g)(2) of this Section; and
4925
4926
B)
The portion of the Part B permit application specified in 35 Ill.
4927
Adm. Code 703.202.
JCAR350724-0805228r01
4928
4929
3)
The owner or operator must complete its showing within 180 days after
4930
filing its petition for approval of alternative design and operating
4931
practices.
4932
4933
4)
The Agency must issue or modify the RCRA peHnit so as to require the
4934
permittee to construct and operate the tank system in the manner that was
4935
provided in any Board order approving alternative design and operating
4936
practices.
4937
4938
i)
All tank systems, until such time as secondary containment that meets the
4939
requirements of this Section is provided, must comply with the following:
4940
4941
1)
For non-enterable underground tanks, a leak test that meets the
4942
requirements of Section 724.291(b)(5) or other tank integrity methods, as
4943
approved or required by the Agency, must be conducted at least annually.
4944
4945
2)
For other than non-enterable underground tanks, the owner or operator
4946
must do either of the following:
4947
4948
A)
Conduct a leak test, as in subsection (i)(1) of this Section, or
4949
4950
B)
Develop a schedule and procedure for an assessment of the overall
4951
condition of the tank system by a qualified Professional
4952
Engineeran independent, qualified registered professional
4953
engineer. The schedule and procedure must be adequate to detect
4954
obvious cracks, leaks, and corrosion or erosion that may lead to
4955
cracks and leaks. The owner or operator must remove the stored
4956
waste from the tank, if necessary, to allow the condition of all
4957
internal tank surfaces to be assessed. The frequency of these
4958
assessments must be based on the material of construction of the
4959
tank and its ancillary equipment, the age of the system, the type of
4960
corrosion or erosion protection used, the rate of corrosion or
4961
erosion observed during the previous inspection and the
4962
characteristics of the waste being stored or treated.
4963
4964
3)
For ancillary equipment, a leak test or other integrity assessment, as
4965
approved by the Agency, must be conducted at least annually.
4966
4967
BOARD NOTE: The practices described in the API Publication, "Guide
4968
for Inspection of Refinery Equipment," Chapter XIII, "Atmospheric and
4969
Low-Pressure Storage Tanks," incorporated by reference in 35 Ill. Adm.
4970
Code 720.111(a), may be used, where applicable, as a guideline for
JCAR350724-0805228r01
4971
assessing the overall condition of the tank system.
4972
4973
4)
The owner or operator must maintain on file at the facility a record of the
4974
results of the assessments conducted in accordance with subsections (i)(1)
4975
through (i)(3) of this Section.
4976
4977
5)
If a tank system or component is found to be leaking or unfit for use as a
4978
result of the leak test or assessment in subsections (i)(1) through (1)(3) of
4979
this Section, the owner or operator must comply with the requirements of
4980
Section 724.296.
4981
4982
(Source: Amended at 32 Ill. Reg.
, effective )
4983
4984
Section 724.295 Inspections
4985
4986
a)
The owner or operator must develop and follow a schedule and procedure for
4987
inspecting overfill controls.
4988
4989
b)
The owner or operator must inspect the following at least once each operating day
4990
data gathered from monitoring and leak detection equipment (e.g., pressure or
4991
temperature gauges, monitoring wells, etc.) to ensure that the tank system is being
4992
operated according to its design.:
4993
4994
-1-)
Aboveground portions of the tank system, if any, to detect corrosion or
4995
releases of waste;
4996
4997
2--)
Data gathered from monitoring and leak detection equipment (e.g.,
4998
pressure or temperature gauges, monitoring wells, etc.) to ensure that the
4999
tank system is being operated according to its design; and
5000
5001
5002
5003
5004
5005
5006
5007
5008
5009
5010
5011
5012
c
In addition, except as noted under subsection (d) of this Section, the owner or
5013
operator must inspect the following at least once each operating day:
The construction materials and the area immediately surrounding the
containment system (e.g., dikes) to detect erosion or signs of releases of
hazardous waste (e.g., wet spots, dead vegetation, etc.).
BOARD NOTE: Section 724.115(c) requires the owner or operator to remedy
any deterioration or malfunction the owner or operator finds. Section 724.296
requires the owner or operator to notify the Agency within 24 hours of confirming
a leak. Also federal 40 CFR 302.6 may require the owner or operator to notify the
National Response Center of a release.
JCAR350724-0805228r01
5014
5015
D
Above ground portions of the tank system, if any, to detect corrosion or
5016
releases of waste; and
5017
5018
21
The construction materials and the area immediately surrounding the
5019
externally accessible portion of the tank system, including the secondary
5020
containment system (e.g., dikes) to detect erosion or signs of releases of
5021
hazardous waste (e.g., wet spots, dead vegetation).
5022
5023
ci)
Owners or operators of tank systems that either use leak detection systems to alert
5024
facility personnel to leaks, or implement established workplace practices to ensure
5025
leaks are promptly identified, must inspect at least weekly those areas described
5026
in subsections (c)(1) and (c)(2) of this Section. Use of the alternate inspection
5027
schedule must be documented in the facility's operating record. This
5028
documentation must include a description of the established workplace practices
5029
at the facility.
5030
5031
ej
Performance Track member facilities may inspect on a less frequent basis, upon
5032
approval by the Director, but must inspect at least once each month. To apply for
5033
a less than weekly inspection frequency, the Performance Track member facility
5034
must follow the procedures described in Section 724.115(b)(5).
5035
5036
h
Ancillary equipment that is not provided with secondary containment, as
5037
described in Section 724.293(f)(1) through (f)(4), must be inspected at least once
5038
each operating day.
5039
5040
ge)
The owner or operator must inspect cathodic protection systems, if present,
5041
according to, at a minimum, the following schedule to ensure that they are
5042
functioning properly:
5043
5044
1)
The proper operation of the cathodic protection system must be confirmed
5045
within six months after initial installation and annually thereafter; and
5046
5047
2)
All sources of impressed current must be inspected or tested, as
5048
appropriate, at least bimonthly (i.e., every other month).
5049
5050
BOARD NOTE: The practices described in "Control of External Corrosion on
5051
Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," NACE
5052
Recommended Practice RP0285-85 and "Cathodic Protection of Underground
5053
Petroleum Storage Tanks and Piping Systems," API Recommended Practice 1632,
5054
each incorporated by reference in 35 Ill. Adm. Code 720.111(a), may be used,
5055
where applicable, as guidelines in maintaining and inspecting cathodic protection
5056
systems.
JCAR350724-0805228r01
5057
5058
IA
The owner or operator must document in the operating record of the facility an
5059
inspection of those items in subsections (a) through (c) of this Section.
5060
5061 (Source: Amended at 32 Ill. Reg.
, effective )
5062
5063
Section 724.296 Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use
5064
Tank Systems
5065
5066 A tank system or secondary containment system from which there has been a leak or spill, or
5067 which is unfit for use, must be removed from service immediately, and the owner or operator
5068
must satisfy the following requirements:
5069
5070
a)
Cease using; prevent flow or addition of wastes. The owner or operator must
5071
immediately stop the flow of hazardous waste into the tank system or secondary
5072
containment system and inspect the system to determine the cause of the release.
5073
5074
b)
Removal of waste from tank system or secondary containment system.
5075
5076
1)
If the release was from the tank system, the owner or operator must,
5077
within 24 hours after detection of the leak or as otherwise provided in the
5078
permit, remove as much of the waste as is necessary to prevent further
5079
release of hazardous waste to the environment and to allow inspection and
5080
repair of the tank system to be performed.
5081
5082
2)
If the material released was to a secondary containment system, all
5083
released materials must be removed within 24 hours or as otherwise
5084
provided in the permit to prevent harm to human health and the
5085
environment.
5086
5087
c)
Containment of visible releases to the environment. The owner or operator must
5088
immediately conduct a visual inspection of the release and, based upon that
5089
inspection, do the following:
5090
5091
1)
Prevent further migration of the leak or spill to soils or surface water; and
5092
5093
2)
Remove and properly dispose of any visible contamination of the soil or
5094
surface water.
5095
5096
d)
Notifications, reports.
5097
5098
1)
Any release to the environment, except as provided in subsection (d)(2) of
5099
this Section, must be reported to the Agency within 24 hours of its
JCAR350724-0805228r01
5100
detection.
5101
5102
2)
A leak or spill of hazardous waste is exempted from the requirements of
5103
this subsection (d) if the following is true:
5104
5105
A)
The spill was less than or equal to a quantity of one pound; and
5106
5107
B)
It was immediately contained and cleaned up.
5108
5109
3)
Within 30 days of detection of a release to the environment, a report
5110
containing the following information must be submitted to the Agency:
5111
5112
A)
Likely route of migration of the release;
5113
5114
B)
Characteristics of the surrounding soil (soil composition, geology,
5115
hydrogeology, climate, etc.);
5116
5117
C)
Results of any monitoring or sampling conducted in connection
5118
with the release (if available). If sampling or monitoring data
5119
relating to the release are not available within 30 days, these data
5120
must be submitted to the Agency as soon as they become available.
5121
5122
D)
Proximity the downgradient drinking water, surface water, and
5123
populated areas; and
5124
5125
E)
Description of response actions taken or planned.
5126
5127
e)
Provision of secondary containment, repair, or closure.
5128
5129
1)
Unless the owner or operator satisfies the requirements of subsections
5130
(e)(2) through (e)(4) of this Section, the tank system must be closed in
5131
accordance with Section 724.297.
5132
5133
2)
If the cause of the release was a spill that has not damaged the integrity of
5134
the system, the owner or operator may return the system to service as soon
5135
as the released waste is removed and repairs, if necessary, are made.
5136
5137
3)
If the cause of the release was a leak from the primary tank system into the
5138
secondary containment system, the system must be repaired prior to
5139
returning the tank system to service.
5140
5141
4)
If the source of the release was a leak to the environment from a
5142
component of a tank system without secondary containment, the owner or
JCAR350724-0805228r01
5143
operator must provide the component of the system from which the leak
5144
occurred with secondary containment that satisfies the requirements of
5145
Section 724.293 before it can be returned to service, unless the source of
5146
the leak is an aboveground portion of a tank system that can be inspected
5147
visually. If the source is an aboveground component that can be inspected
5148
visually, the component must be repaired and may be returned to service
5149
without secondary containment, as long as the requirements of subsection
5150
(f) of this Section are satisfied. If a component is replaced to comply with
5151
the requirements of this subsection (e), that component must satisfy the
5152
requirements of new tank systems or components in Sections 724.292 and
5153
724.293. Additionally, if a leak has occurred in any portion of a tank
5154
system component that is not readily accessible for visual inspection (e.g.,
5155
the bottom of an in-ground or on-ground tank), the entire component must
5156
be provided with secondary containment in accordance with Section
5157
724.293 prior to being returned to use.
5158
5159
Certification of major repairs. If the owner or operator has repaired a tank system
5160
in accordance with subsection (e) of this Section, and the repair has been
5161
extensive (e.g., installation of an internal liner, repair, or a ruptured primary
5162
containment or secondary containment vessel), the tank system must not be
5163
returned to service unless the owner or operator has obtained a certification by
5164
, qualified Professional Enginee
5165
in accordance with 35 Ill. Adm. Code 702.126(d), that the repaired system is
5166
capable of handling hazardous wastes without release for the intended life of the
5167
system. This certification must be placed in the operating record and maintained
5168
until closure of the facilitysubmitted to the Agency within seven days after
5169
returning the tank system to use.
5170
5171
BOARD NOTE: See Section 724.115(c) for the requirements necessary to remedy a
5172
failure. Also, federal 40 CFR 302.6 may require the owner or operator to notify the
5173
National Response Center of any "reportable quantity."
5174
5175
(Source: Amended at 32 Ill. Reg.
, effective )
5176
5177
SUBPART K: SURFACE IMPOUNDMENTS
5178
5179
Section
724.321
Design and Operating Requirements
5180
5181
a)
Any surface impoundment that is not covered by subsection (c) of this Section or
5182
35 Ill. Adm. Code 725.321 must have a liner for all portions of the impoundment
5183
(except for existing portions of such impoundment). The liner must be designed,
5184
constructed and installed to prevent any migration of wastes out of the
5185
impoundment to the adjacent subsurface soil or groundwater or surface water at
C C C
• -
JCAR350724-0805228r01
5186
any time during the active life (including the closure period) of the impoundment.
5187
The liner may be constructed of materials that may allow wastes to migrate into
5188
the liner (but not into the adjacent subsurface soil or groundwater or surface
5189
water) during the active life of the facility, provided that the impoundment is
5190
closed in accordance with Section 724.328(a)(1). For impoundments that will be
5191
closed in accordance with Section 724.328(a)(2), the liner must be constructed of
5192
materials that can prevent wastes from migrating into the liner during the active
5193
life of the facility. The liner must be as follows:
5194
5195
1)
Constructed of materials that have appropriate chemical properties and
5196
sufficient strength and thickness to prevent failure due to pressure
5197
gradients (including static head and external hydrogeologic forces),
5198
physical contact with the waste or leachate to which they are exposed,
5199
climatic conditions, the stress of installation, and the stress of daily
5200
operation;
5201
5202
2)
Placed upon a foundation or base capable of providing support to the liner
5203
and resistance to pressure gradients above and below the liner to prevent
5204
failure of the liner due to settlement, compression, or uplift; and
5205
5206
3)
Installed to cover all surrounding earth likely to be in contact with the
5207
waste or leachate.
5208
5209
b)
The owner or operator will be exempted from the requirements of subsection (a)
5210
of this Section if the Board grants an adjusted standard pursuant to Section 28.1 of
5211
the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104. The level of
5212
justification is a demonstration by the owner or operator that alternative design or
5213
operating practices, together with location characteristics, will prevent the
5214
migration of any hazardous constituents (see Section 724.193) into the
5215
groundwater or surface water at any future time. In deciding whether to grant an
5216
adjusted standard, the Board will consider the following:
5217
5218
1)
The nature and quantity of the wastes;
5219
5220
2)
The proposed alternative design and operation;
5221
5222
3)
The hydrogeologic setting of the facility, including the attenuative
5223
capacity and thickness of the liners and soils present between the
5224
impoundment and groundwater or surface water; and
5225
5226
4)
All other factors that would influence the quality and mobility of the
5227
leachate produced and the potential for it to migrate to groundwater or
5228
surface water.
JCAR350724-0805228r01
5229
5230
c)
The owner or operator of each new surface impoundment unit on which
5231
construction commences after January 29, 1992, each lateral expansion of a
5232
surface impoundment unit on which construction commences after July 29, 1992,
5233
and each replacement of an existing surface impoundment unit that is to
5234
commence reuse after July 29, 1992, must install two or more liners and a
5235
leachate collection and removal system between such liners. "Construction
5236
commences" is as defined in 35 Ill. Adm. Code 720.110, under the definition of
5237
"existing facility."
5238
5239
1)
Liner requirements.
5240
5241
A)
The liner system must include the following:
5242
5243
i)
A top liner designed and constructed of materials (e.g., a
5244
geomembrane) to prevent the migration of hazardous
5245
constituents into such liner during the active life and post-
5246
closure care period; and
5247
5248
ii)
A composite bottom liner, consisting of at least two
5249
components. The upper component must be designed and
5250
constructed of materials (e.g., a geomembrane) to prevent
5251
the migration of hazardous constituents into this component
5252
during the active life and post-closure care period. The
5253
lower component must be designed and constructed of
5254
materials to minimize the migration of hazardous
5255
constituents if a breach in the upper component were to
5256
occur. The lower component must be constructed of at
5257
least threes feet (91 cm) of compacted soil material with a
5258
hydraulic conductivity of no more than 1 x 10
-7
cm/sec.
5259
5260
B)
The liners must comply with subsections (a)(1), (a)(2), and (a)(3)
5261
of this Section.
5262
5263
2)
The leachate collection and removal system between the liners, and
5264
immediately above the bottom composite liner in the case of multiple
5265
leachate collection and removal systems, is also a leak detection system
5266
(LDS). This LDS must be capable of detecting, collecting, and removing
5267
leaks of hazardous constituents at the earliest practicable time through all
5268
areas of the top liner likely to be exposed to waste or leachate during the
5269
active life and post-closure care period. The requirements for a LDS in
5270
this subsection (c) are satisfied by installation of a system that is, at a
5271
minimum, as follows:
JCAR350724-0805228r01
5272
5273
A)
It is constructed with a bottom slope of one percent or more;
5274
5275
B)
It is constructed of granular drainage materials with a hydraulic
5276
conductivity of 1 x 10' cm/sec or more and a thickness of 12
5277
inches (30.5 cm) or more; or constructed of synthetic or geonet
5278
drainage materials with a transmissivity of 3 x 10
4 m2/sec or more;
5279
5280
C)
It is constructed of materials that are chemically resistant to the
5281
waste managed in the surface impoundment and the leachate
5282
expected to be generated, and of sufficient strength and thickness
5283
to prevent collapse under the pressures exerted by overlying wastes
5284
and any waste cover materials or equipment used at the surface
5285
impoundment;
5286
5287
D)
It is designed and operated to minimize clogging during the active
5288
life and post-closure care period; and
5289
5290
E)
It is constructed with sumps and liquid removal methods (e.g.,
5291
pumps) of sufficient size to collect and remove liquids from the
5292
sump and prevent liquids from backing up into the drainage layer.
5293
Each unit must have its own sumps. The design of each sump and
5294
removal system must provide a method for measuring and
5295
recording the volume of liquids present in the sump and of liquids
5296
removed.
5297
5298
3)
The owner or operator must collect and remove pumpable liquids in the
5299
sumps to minimize the head on the bottom liner.
5300
5301
4)
The owner or operator of a LDS that is not located completely above the
5302
seasonal high water table must demonstrate that the operation of the LDS
5303
will not be adversely affected by the presence of groundwater.
5304
5305
d)
Subsection (c) of this Section will not apply if the owner or operator demonstrates
5306
to the Agency, and the Agency finds for such surface impoundment, that
5307
alternative design or operating practices, together with location characteristics,
5308
will do the following:
5309
5310
1)
It will prevent the migration of any hazardous constituent into the
5311
groundwater or surface water at least as effectively as the liners and
5312
leachate collection and removal system specified in subsection (c) of this
5313
Section; and
5314
JCAR350724-0805228r01
5315
2)
It will allow detection of leaks of hazardous constituents through the top
5316
liner at least as effectively.
5317
5318
e)
The double liner requirement set forth in subsection (c) of this Section may be
5319
waived by the Agency for any monofill, if the following is true of the unit:
5320
5321
1)
The monofill contains only hazardous wastes from foundry furnace
5322
emission controls or metal casting molding sand, and such wastes do not
5323
contain constituents that would render the wastes hazardous for reasons
5324
other than the toxicity characteristic in 35 Ill. Adm. Code 721.124; and
5325
5326
2)
Design and location.
5327
5328
A)
Liner, location, and groundwater monitoring.
5329
5330
i)
The monofill has at least one liner for which there is no
5331
evidence that such liner is leaking. For the purposes of this
5332
subsection (e), the teem "liner" means a liner designed,
5333
constructed, installed, and operated to prevent hazardous
5334
waste from passing into the liner at any time during the
5335
active life of the facility, or a liner designed, constructed,
5336
installed, and operated to prevent hazardous waste from
5337
migrating beyond the liner to adjacent subsurface soil,
5338
groundwater or surface water at any time during the active
5339
life of the facility. In the case of any surface impoundment
5340
that has been exempted from the requirements of
5341
subsection (c) of this Section on the basis of a liner
5342
designed, constructed, installed, and operated to prevent
5343
hazardous waste from passing beyond the liner, at the
5344
closure of such impoundment, the owner or operator must
5345
remove or decontaminate all waste residues, all
5346
contaminated liner material, and contaminated soil to the
5347
extent practicable. If all contaminated soil is not removed
5348
or decontaminated, the owner or operator of such
5349
impoundment will comply with appropriate post-closure
5350
requirements, including but not limited to groundwater
5351
monitoring and corrective action;
5352
5353
ii)
The monofill is located more than one-quarter mile from an
5354
"underground source of drinking water" (as that term is
5355
defined in 35 Ill. Adm. Code 702.110); and
5356
5357
iii)
The monofill is in compliance with generally applicable
JCAR350724-0805228r01
5358
groundwater monitoring requirements for facilities with
5359
permits; or
5360
5361
B)
The owner or operator demonstrates to the Board that the monofill
5362
is located, designed, and operated so as to assure that there will be
5363
no migration of any hazardous constituent into groundwater or
5364
surface water at any future time.
5365
5366
The owner or operator of any replacement surface impoundment unit is exempt
5367
from subsection (c) of this Section if the following is true of the unit:
5368
5369
1)
The existing unit was constructed in compliance with the design standards
5370
of 35 Ill. Adm. Code 724.321(c), (d), and (e); and
5371
5372
BOARD NOTE: The cited subsections implemented the design standards
5373
of sections 3004 (o)(1)(A)(i) and (o)(5) of the Resource Conservation and
5374
Recovery Act (42 USC 6901 et seq.).
5375
5376
2)
There is no reason to believe that the liner is not functioning as designed.
5377
5378
g)
A surface impoundment must be designed, constructed, maintained, and operated
5379
to prevent overtopping resulting from normal or abnoinial operations; overfilling;
5380
wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms,
5381
and other equipment; and human error.
5382
5383 h)
A surface impoundment must have dikes that are designed, constructed, and
5384
maintained with sufficient structural integrity to prevent massive failure of the
5385
dikes. In ensuring structural integrity, it must not be presumed that the liner
5386
system will function without leakage during the active life of the unit.
5387
5388
i)
The Agency must specify in the permit all design and operating practices that are
5389
necessary to ensure that the requirements of this Section are satisfied.
5390
5391 (Source: Amended at 32 Ill. Reg.
, effective )
5392
5393
Section 724.323 Response Actions
5394
5395
a)
The owner or operator of surface impoundment units subject to Section
5396
724.321(c) or (d) must have an approved response action plan before receipt of
5397
waste. The response action plan must set forth the actions to be taken if the action
5398
leakage rate has been exceeded. At a minimum, the response action plan must
5399
describe the actions specified in subsection (b) of this Section.
5400
JCAR350724-0805228r01
5401
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
5402
owner or operator must do the following:
5403
5404
1)
Notify the Agency in writing of the exceedancee-x-eeeffene-e within seven
5405
days after the determination;
5406
5407
2)
Submit a preliminary written assessment to the Agency within 14 days
5408
after the determination, as to the amount of liquids, likely sources of
5409
liquids, possible location, size and cause of any leaks, and short-term
5410
actions taken and planned;
5411
5412
3)
Determine to the extent practicable the location, size, and cause of any
5413
leak;
5414
5415
4)
Determine whether waste receipt should cease or be curtailed, whether any
5416
waste should be removed from the unit for inspection, repairs or controls,
5417
and whether or not the unit should be closed;
5418
5419
5)
Determine any other short-term and longer-term actions to be taken to
5420
mitigate or stop any leaks; and
5421
5422
6)
Within 30 days after the notification that the action leakage rate has been
5423
exceeded, submit to the Agency the results of the determinations specified
5424
in subsections (b)(3), (b)(4), and (b)(5) of this Section, the results of
5425
actions taken, and actions planned. Monthly thereafter, as long as the flow
5426
rate in the LDS exceeds the action leakage rate, the owner or operator
5427
must submit to the Agency a report summarizing the results of any
5428
remedial actions taken and actions planned.
5429
5430
c)
To make the leak or remediation determinations in subsections (b)(3), (b)(4), and
5431
(b)(5) of this Section, the owner or operator must do either of the following:
5432
5433
1)
Perform the following assessments:
5434
5435
A)
Assess the source of liquids and amounts of liquids by source;
5436
5437
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
5438
the liquids in the LDS to identify the source of liquids and possible
5439
location of any leaks, and the hazard and mobility of the liquid;
5440
and
5441
5442
C)
Assess the seriousness of any leaks in terms of potential for
5443
escaping into the environment; or
JCAR350724-0805228r01
5444
5445
2)
Document why such assessments are not needed.
5446
5447
(Source: Amended at 32 Ill. Reg.
, effective )
5448
5449
SUBPART L: WASTE PILES
5450
5451
Section 724.351 Design and Operating Requirements
5452
5453 a)
A waste pile (except for an existing portion of a waste pile) must have the
5454
following:
5455
5456
1)
A liner that is designed, constructed, and installed to prevent any
5457
migration of wastes out of the pile into the adjacent subsurface soil or
5458
groundwater or surface water at any time during the active life (including
5459
the closure period) of the waste pile. The liner may be constructed of
5460
materials that may allow waste to migrate into the liner itself (but not into
5461
the adjacent subsurface soil or groundwater or surface water) during the
5462
active life of the facility. The liner must be as follows:
5463
5464
A)
Constructed of materials that have appropriate chemical properties
5465
and sufficient strength and thickness to prevent failure due to
5466
pressure gradients (including static head and external
5467
hydrogeologic forces), physical contact with the waste or leachate
5468
to which they are exposed, climatic conditions, the stress of
5469
installation, and the stress of daily operation;
5470
5471
B)
Placed upon a foundation or base capable of providing support to
5472
the liner and resistance to pressure gradients above and below the
5473
liner to prevent failure of the liner due to settlement, compression,
5474
or uplift; and
5475
5476
C)
Installed to cover all surrounding earth likely to be in contact with
5477
the waste or leachate; and
5478
5479
2)
A leachate collection and removal system immediately above the liner that
5480
is designed, constructed, maintained, and operated to collect and remove
5481
leachate from the pile. The Agency must specify design and operating
5482
conditions in the permit to ensure that the leachate depth over the liner
5483
does not exceed 30 cm (one foot). The leachate collection and removal
5484
system must be as follows:
5485
5486
A)
Constructed of materials that are as follows:
JCAR350724-0805228r01
5487
5488
i)
Chemically resistant to the waste managed in the pile and
5489
the leachate expected to be generated; and
5490
5491
ii)
Of sufficient strength and thickness to prevent collapse
5492
under the pressures exerted by overlying wastes, waste
5493
cover materials and by any equipment used at the pile; and
5494
5495
B)
Designed and operated to function without clogging through the
5496
scheduled closure of the waste pile.
5497
5498
b)
The owner or operator will be exempted from the requirements of subsection (a)
5499
of this Section if the Board grants an adjusted standard pursuant to Section 28.1 of
5500
the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 101 and 104. The level of
5501
justification is a demonstration by the owner or operator that alternative design or
5502
operating practices, together with location characteristics, will prevent the
5503
migration of any hazardous constituents (see Section 724.193) into the
5504
groundwater or surface water at any future time. In deciding whether to grant an
5505
adjusted standard, the Board will consider the following:
5506
5507
1)
The nature and quantity of the wastes;
5508
5509
2)
The proposed alternative design and operation;
5510
5511
3)
The hydrogeologic setting of the facility, including attenuative capacity
5512
and thickness of the liners and soils present between the pile and
5513
groundwater or surface water; and
5514
5515
4)
All other factors that influence the quality and mobility of the leachate
5516
produced and the potential for it to migrate to groundwater or surface
5517
water.
5518
5519
c)
The owner or operator of each new waste pile unit on which construction
5520
commenced after January 29, 1992, each lateral expansion of a waste pile unit-en
5521
which construction commenced after July 29, 1992, and each replacement of an
5522
existing waste pile unit
• • , must
5523
install two or more liners and a leachate collection and removal system above and
5524
between such liners. "Construction commenced" is as defined in Section 720.110
5525
under "existing facility."
5526
5527
1)
Liners.
5528
5529
A)
The liner system must include the following:
JCAR350724-0805228r01
5530
5531
i)
A top liner designed and constructed of materials (e.g., a
5532
geomembrane) to prevent the migration of hazardous
5533
constituents into such liner during the active life and post-
5534
closure care period; and
5535
5536
ii)
A composite bottom liner, consisting of at least two
5537
components. The upper component must be designed and
5538
constructed of materials (e.g., a geomembrane) to prevent
5539
the migration of hazardous constituents into this component
5540
during the active life and post-closure care period. The
5541
lower component must be designed and constructed of
5542
materials to minimize the migration of hazardous
5543
constituents if a breach in the upper component were to
5544
occur. The lower component must be constructed of at
5545
least 3 feet (91 cm) of compacted soil material with a
5546
hydraulic conductivity of no more than 1X10
-7 cm/sec.
5547
5548
B)
The liners must comply with subsections (a)(1)(A), (a)(1)(B), and
5549
(a)(1)(C) of this Section.
5550
5551
2)
The leachate collection and removal system immediately above the top
5552
liner must be designed, constructed, operated and maintained to collect
5553
and remove leachate from the waste pile during the active life and post-
5554
closure care period. The Agency must specify design and operating
5555
conditions in the permit to ensure that the leachate depth over the liner
5556
does not exceed 30 cm (one foot). The leachate collection and removal
5557
system must comply with subsections (c)(3)(C) and (c)(3)(D) of this
5558
Section.
5559
5560
3)
The leachate collection and removal system between the liners, and
5561
immediately above the bottom composite liner in the case of multiple
5562
leachate collection and removal systems, is also a leak detection system
5563
(LDS). This LDS must be capable of detecting, collecting and removing
5564
leaks of hazardous constituents at the earliest practicable time through all
5565
areas of the top liner likely to be exposed to waste or leachate during the
5566
active life and post-closure care period. The requirements for a LDS in
5567
this subsection (c) are satisfied by installation of a system that is, at a
5568
minimum, as follows:
5569
5570
A)
Constructed with a bottom slope of one percent or more;
5571
5572
B)
Constructed of granular drainage materials with a hydraulic
JCAR350724-0805228r01
5573
conductivity of 1x10
-2
cm/sec or more and a thickness of 12 inches
5574
(30.5 cm) or more; or constructed of synthetic or geonet drainage
5575
materials with a transmissivity of 3X10
-5 m2/sec or more;
5576
5577
C)
Constructed of materials that are chemically resistant to the waste
5578
managed in the waste pile and the leachate expected to be
5579
generated, and of sufficient strength and thickness to prevent
5580
collapse under the pressures exerted by overlying wastes, waste
5581
cover materials, and equipment used at the waste pile;
5582
5583
D)
Designed and operated to minimize clogging during the active life
5584
and post-closure care period; and
5585
5586
E)
Constructed with sumps and liquid removal methods (e.g., pumps)
5587
of sufficient size to collect and remove liquids from the sump and
5588
prevent liquids from backing up into the drainage layer. Each unit
5589
must have its own sumps. The design of each sump and removal
5590
system must provide a method for measuring and recording the
5591
volume of liquids present in the sump and of liquids removed.
5592
5593
4)
The owner or operator must collect and remove pumpable liquids in the
5594
LDS sumps to minimize the head on the bottom liner.
5595
5596
5)
The owner or operator of a LDS that is not located completely above the
5597
seasonal high water table must demonstrate that the operation of the LDS
5598
will not be adversely affected by the presence of groundwater.
5599
5600
d)
The Agency must approve alternative design or operating practices to those
5601
specified in subsection (c) of this Section if the owner or operator demonstrates to
5602
the Agency, by way of permit or permit modification application, that such design
5603
or operating practices, together with location characteristics, will do the
5604
following:
5605
5606
1)
Will prevent the migration of any hazardous constituent into the ground
5607
water or surface water at least as effectively as the liners and leachate
5608
collection and removal systems specified in subsection (c) of this Section;
5609
and
5610
5611
2)
Will allow detection of leaks of hazardous constituents through the top
5612
liner at least as effectively.
5613
5614
e)
Subsection (c) of this Section does not apply to monofills that are granted a
5615
waiver by the Agency in accordance with Section 724.321(e).
JCAR350724-0805228r01
5616
5617
f)
The owner or operator of any replacement waste pile unit is exempt from
5618
subsection (c) of this Section if the following are true:
5619
5620
1)
The existing unit was constructed in compliance with the design standards
5621
of section 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and
5622
Recovery Act (42 USC 6901 et seq.); and
5623
5624
BOARD NOTE: The cited provisions required the installation of two or
5625
more liners and a leachate collection system above (in the case of a
5626
landfill) and between such liners, including a top liner designed, operated
5627
and constructed of materials to prevent the migration of any constituent
5628
into such liner during the period the facility remained in operation
5629
(including any post-closure monitoring period), and a lower liner to
5630
prevent the migration of any constituent through the liner during such
5631
period. The lower liner was deemed to satisfy the requirement if it was
5632
constructed of at least a 3-foot thick layer of recompacted clay or other
5633
natural material with a penneability of no more than 1 x 10
-7 cm/sec.
5634
5635
2)
There is no reason to believe that the liner is not functioning as designed.
5636
5637
g)
The owner or operator must design, construct, operate, and maintain a run-on
5638
control system capable of preventing flow onto the active portion of the pile
5639
during peak discharge from at least a 25-year storm.
5640
5641
h)
The owner or operator must design, construct, operate, and maintain a run-off
5642
management system to collect and control at least the water volume resulting
5643
from a 24-hour, 25-year storm.
5644
5645
i)
Collection and holding facilities (e.g., tanks or basins) associated with run-on and
5646
run-off control systems must be emptied or otherwise managed expeditiously after
5647
storms to maintain design capacity of the system.
5648
5649
j)
If the pile contains any particulate matter that may be subject to wind dispersal,
5650
the owner or operator must cover or otherwise manage the pile to control wind
5651
dispersal.
5652
5653
k)
The Agency must specify in the permit all design and operating practices that are
5654
necessary to ensure that the requirements of this Section are satisfied.
5655
5656
(Source: Amended at 32 Ill. Reg.
, effective
)
5657
5658
Section 724.352 Action Leakage Rate
JCAR350724-0805228r01
5659
5660
a)
The Agency must approve an action leakage rate for waste pilesurfacc
5661
impoundment units subject to Section 724.351(c) or (d). The action leakage rate
5662
is the maximum design flow rate that the LDS can remove without the fluid head
5663
on the bottom liner exceeding one foot. The action leakage rate must include an
5664
adequate safety margin to allow for uncertainties in the design (e.g., slope,
5665
hydraulic conductivity, thickness of drainage material, etc.), construction,
5666
operation, and location of the LDS; waste and leachate characteristics; likelihood
5667
and amounts of other sources of liquids in the LDS; and proposed response
5668
actions (e.g., the action leakage rate must consider decreases in the flow capacity
5669
of the system over time resulting from siltation and clogging, rib layover and
5670
creep of synthetic components of the system, overburden pressures, etc.).
5671
5672
b)
To determine if the action leakage rate has been exceeded, the owner or operator
5673
must convert the weekly or monthly flow rate from the monitoring data obtained
5674
under Section 724.354(c) to an average daily flow rate (gallons per acre per day)
5675
for each sump. The average daily flow rate for each sump must be calculated
5676
weekly during the active life and closure period.
5677
5678
(Source: Amended at 32 Ill. Reg.
, effective )
5679
5680
Section 724.353 Response Action Plan
5681
5682
a)
The owner or operator of waste pile units subject to Section 724.351(c) or (d)
5683
must have an approved response action plan before receipt of waste. The response
5684
action plan must set forth the actions to be taken if the action leakage rate has
5685
been exceeded. At a minimum, the response action plan must describe the actions
5686
specified in subsection (b) of this Section.
5687
5688
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
5689
owner or operator must do the following:
5690
5691
1)
Notify the Agency in writing of the exceedancee-xeeedenee within seven
5692
days after the determination;
5693
5694
2)
Submit a preliminary written assessment to the Agency within 14 days
5695
after the determination, as to the amount of liquids, likely sources of
5696
liquids, possible location, size and cause of any leaks, and short-term
5697
actions taken and planned;
5698
5699
3)
Determine to the extent practicable the location, size, and cause of any
5700
leak;
5701
JCAR350724-0805228r01
5702
4)
Determine whether waste receipt should cease or be curtailed; whether any
5703
waste should be removed from the unit for inspection, repairs, or controls;
5704
and whether the unit should be closed;
5705
5706
5)
Determine any other short-teen and long-term actions to be taken to
5707
mitigate or stop any leaks; and
5708
5709
6)
Within 30 days after the notification that the action leakage rate has been
5710
exceeded, submit to the Agency the results of the determinations specified
5711
in subsections (b)(3), (b)(4), and (b)(5) of this Section, the results of
5712
actions taken, and actions planned. Monthly thereafter, as long as the flow
5713
rate in the LDS exceeds the action leakage rate, the owner or operator
5714
must submit to the Agency a report summarizing the results of any
5715
remedial actions taken and actions planned.
5716
5717
c)
To make the leak or remediation determinations in subsections (b)(3), (b)(4), and
5718
(b)(5) of this Section, the owner or operator must do either of the following:
5719
5720 1)
Perfon
n the following assessments:
5721
5722
A)
Assess the source of liquids and amounts of liquids by source;
5723
5724
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
5725
the liquids in the LDS to identify the source of liquids and possible
5726
location of any leaks, and the hazard and mobility of the liquid;
5727
and
5728
5729
C)
Assess the seriousness of any leaks in terms of potential for
5730
escaping into the environment; or
5731
5732
2)
Document why such assessments are not needed.
5733
5734
(Source: Amended at 32 Ill. Reg.
, effective )
5735
5736
SUBPART M: LAND TREATMENT
5737
5738
Section 724.380 Closure and Post-Closure Care
5739
5740
a)
During the closure period the owner or operator must do the following:
5741
5742
1)
It must continueContinuc all operations (including pH control) necessary
5743
to maximize degradation, transformation or immobilization of hazardous
5744
constituents within the treatment zone as required under Section
JCAR3 50724-0805228r01
5745
724.373(a), except to the extent such measures are inconsistent with
5746
subsection (a)(8) of this Section;
5747
5748
2)
It must continueContinuc all operations in the treatment zone to minimize
5749
run-off of hazardous constituents, as required under Section 724.373(b);
5750
5751
3)
It must maintainMaintain the run-on control system required under
5752
Section 724.373(c);
5753
5754
4)
It must maintainMaintain the run-off management system required under
5755
Section 724.373(d);
5756
5757
5)
It must controlControl wind dispersal of hazardous waste if required under
5758
Section 724.373(f);
5759
5760
6)
It must continueContinue to comply with any prohibitions or conditions
5761
concerning growth of food-chain crops under Section 724.376;
5762
5763
7)
It must continueContinuc unsaturated zone monitoring in compliance with
5764
Section 724.378, except that soil-pore liquid monitoring may be
5765
terminated 90 days after the last application of waste to the treatment
5766
zone; and
5767
5768
8)
It must establishEstablish a vegetative cover on the portion of the facility
5769
being closed at such time that the cover will not substantially impede
5770
degradation, transformation, or immobilization of hazardous constituents
5771
in the treatment zone. The vegetative cover must be capable of
5772
maintaining growth without extensive maintenance.
5773
5774
b)
For the purpose of complying with Section 724.215, when closure is completed
5775
the owner or operator may submit to the Agency certification by an independent
5776
qualified soil scientist, in lieu of a qualified Professional Engineeran independent
5777
registered professional engineer, that the facility has been closed in accordance
5778
with the specifications in the approved closure plan.
5779
5780
c)
During the post-closure care period the owner or operator must do the following:
5781
5782
1)
It must continueContinue all operations (including pH control) necessary
5783
to enhance degradation and transformation and sustain immobilization of
5784
hazardous constituents in the treatment zone to the extent that such
5785
measures are consistent with other post-closure care activities;
5786
5787
2)
It must maintainMaintain a vegetative cover over closed portions of the
JCAR350724-0805228r01
5788
facility;
5789
5790
3)
It must maintainMaint-ain the run-on control system required under
5791
Section 724.373(c);
5792
5793
4)
It must maintainMaintain the run-off management system required under
5794
Section 724.373(d);
5795
5796
5)
It must controlControl wind dispersal of hazardous waste if required under
5797
Section 724.373(f);
5798
5799
6)
It must continueContinuc to comply with any prohibitions or conditions
5800
concerning growth of food-chain crops under Section 724.376; and
5801
5802
7)
It must continueContinuc unsaturated zone monitoring in compliance with
5803
Section 724.378, except that soil-pore liquid monitoring may be
5804
terminated 90 days after the last application of waste to the treatment
5805
zone.
5806
5807
d)
The owner or operator is not subject to regulation under subsections (a)(8) and (c)
5808
of this Section if the Agency finds that the level of hazardous constituents in the
5809
treatment zone soil does not exceed the background value of those constituents by
5810
an amount that is statistically significant when using the test specified in
5811
subsection (d)(3) of this Section. The owner or operator may submit such a
5812
demonstration to the Agency at any time during the closure or post-closure care
5813
periods. For the purposes of this subsection (d), the owner or operator must do
5814 the following:
5815
5816
1)
The owner or operator must establish background soil values and
5817
determine whether there is a statistically significant increase over those
5818
values for all hazardous constituents specified in the facility permit under
5819
Section 724.371.
5820
5821
A)
Background soil values may be based on a one-time sampling of a
5822
background plot having characteristics similar to those of the
5823
treatment zone.
5824
5825
B)
The owner or operator must express background values and values
5826
for hazardous constituents in the treatment zone in a form
5827
necessary for the determination of statistically significant increases
5828
under subsection (d)(3) of this Section.
5829
5830
2)
In taking samples used in the determination of background and treatment
JCAR350724-0805228r01
5831
zone values, the owner or operator must take samples at a sufficient
5832
number of sampling points and at appropriate locations and depths to yield
5833
samples that represent the chemical make-up of soil that has not been
5834
affected by leakage from the treatment zone and the soil within the
5835
treatment zone, respectively.
5836
5837
3)
In deten
lining whether a statistically significant increase has occurred, the
5838
owner or operator must compare the value of each constituent in the
5839
treatment zone to the background value for that constituent using a
5840
statistical procedure that provides reasonable confidence that constituent
5841
presence in the treatment zone will be identified. The owner or operator
5842
must use a statistical procedure that does the following:
5843
5844
A)
It isis appropriate for the distribution of the data used to establish
5845
background values; and
5846
5847
B)
It providesProvidcs a reasonable balance between the probability
5848
of falsely identifying hazardous constituent presence in the
5849
treatment zone and the probability of failing to identify real
5850
presence in the treatment zone.
5851
5852
e)
The owner or operator is not subject to regulation under Subpart F of this Part if
5853
the Agency finds that the owner or operator satisfies subsection (d) of this Section
5854
and if unsaturated zone monitoring under Section 724.378 indicates that
5855
hazardous constituents have not migrated beyond the treatment zone during the
5856
active life of the land treatment unit.
5857
5858
(Source: Amended at 32 Ill. Reg.
, effective
)
5859
5860
SUBPART N: LANDFILLS
5861
5862
Section
724.404
Response Actions
5863
5864
a)
The owner or operator of landfill units subject to Section 724.401(c) or (d) must
5865
have an approved response action plan before receipt of waste. The response
5866
action plan must set forth the actions to be taken if the action leakage rate has
5867
• been exceeded. At a minimum, the response action plan must describe the actions
5868
specified in subsection (b) of this Section.
5869
5870
b)
If the flow rate into the LDS exceeds the action leakage rate for any sump, the
5871
owner or operator must do the following :
5872
5873
1)
Notify the Agency in writing of the exceedanceexeeedenc-e within seven
JCAR350724-0805228r01
5874
days of the determination;
5875
5876
2)
Submit a preliminary written assessment to the Agency within 14 days of
5877
the determination, as to the amount of liquids, likely sources of liquids,
5878
possible location, size, and cause of any leaks, and short-term actions
5879
taken and planned;
5880
5881
3)
Determine to the extent practicable the location, size, and cause of any
5882
leak;
5883
5884
4)
Determine whether waste receipt should cease or be curtailed, whether any
5885
waste should be removed from the unit for inspection, repairs, or controls,
5886
and whether the unit should be closed;
5887
5888
5)
Deter'
line any other short-term and longer-term actions to be taken to
5889
mitigate or stop any leaks; and
5890
5891
6)
Within 30 days after the notification that the action leakage rate has been
5892
exceeded, submit to the Agency the results of the determinations specified
5893
in subsections (b)(3), (b)(4), and (b)(5) of this Section , the results of
5894
actions taken, and actions planned. Monthly thereafter, as long as the flow
5895
rate in the LDS exceeds the action leakage rate, the owner or operator
5896
must submit to the Agency a report summarizing the results of any
5897
remedial actions taken and actions planned.
5898
5899
c)
To make the leak or remediation determinations in subsections (b)(3), (b)(4), and
5900
(b)(5) of this Section, the owner or operator must do either of the following:
5901
5902
1)
Perform the following assessments:
5903
5904
A)
Assess the source of liquids and amounts of liquids by source;
5905
5906
B)
Conduct a fingerprint, hazardous constituent, or other analyses of
5907
the liquids in the LDS to identify the source of liquids and possible
5908
location of any leaks and the hazard and mobility of the liquid; and
5909
5910
C)
Assess the seriousness of any leaks in terms of potential for
5911
escaping into the environment; or
5912
5913
2)
Document why such assessments are not needed.
5914
5915
(Source: Amended at 32 Ill. Reg.
, effective )
5916
JCAR350724-0805228r01
5917
Section
724.414
Special Requirements for Bulk and Containerized Liquids
5918
5919
a-)
This subsection (a) corresponds with 40 CFR 264.314(a), which pertains to pre
5920
May 8, 1985 actions, a date long since passed. This statement maintains
5921
structural consistency with USEPA rules.
5922
5923
ab)
The placement of bulk or non-containerized liquid hazardous waste or hazardous
5924
waste containing free liquids (whether or not sorbents have been added) in any
5925
landfill is prohibited.
5926
5927
be)
To demonstrate the absence or presence of free liquids in either a containerized or
5928
a bulk waste, the following test must be used: Method 9095B (Paint Filter
5929
Liquids Test), as described in "Test Methods for Evaluating Solid Wastes,
5930
Physical/Chemical Methods," USEPA publication number EPA-530/SW-846,
5931
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
5932
5933
cE1)
Containers holding free liquids must not be placed in a landfill unless the
5934
following is true:
5935
5936
1)
All free-standing liquid fulfills one of the following:
5937
5938
A)
It has been removed by decanting or other methods;
5939
5940
B)
It has been mixed with sorbent or solidified so that free-standing
5941
liquid is no longer observed; or
5942
5943
C)
It has been otherwise eliminated; or
5944
5945
2)
The container is very small, such as an ampule; or
5946
5947
3)
The container is designed to hold free liquids for use other than storage,
5948
such as a battery or capacitor; or
5949
5950
4)
The container is a lab pack as defined in Section 724.416 and is disposed
5951
of in accordance with Section 724.416.
5952
5953
de)
Sorbents used to treat free liquids to be disposed of in landfills must be
5954
nonbiodegradable. Nonbiodegradable sorbents are the following: materials listed
5955
or described in subsection (e)(1) of this Section; materials that pass one of the
5956
tests in subsection (e)(2) of this Section; or materials that are determined by the
5957
Board to be nonbiodegradable through the adjusted standard procedure of 35 Ill.
5958
Adm. Code 104.
5959
JCAR350724-0805228r01
5960
1)
Nonbiodegradable sorbents are the following:
5961
5962
A)
Inorganic minerals, other inorganic materials, and elemental
5963
carbon (e.g., aluminosilicates (clays, smectites, Fuller's earth,
5964
bentonite, calcium bentonite, montmorillonite, calcined
5965
montmorillonite, kaolinite, micas (illite), vermiculites, zeolites,
5966
etc.), calcium carbonate (organic free limestone),
5967
oxides/hydroxides (alumina, lime, silica (sand), diatomaceous
5968
earth, etc.), perlite (volcanic glass), expanded volcanic rock,
5969
volcanic ash, cement kiln dust, fly ash, rice hull ash, activated
5970
charcoal (activated carbon), etc.); or
5971
5972
B)
High molecular weight synthetic polymers (e.g., polyethylene,
5973
high density polyethylene (HDPE), polypropylene, polystrene,
5974
polyurethane, polyacrylate, polynorborene, polyisobutylene,
5975
ground synthetic rubber, cross-linked allylstrene and tertiary butyl
5976
copolymers, etc.). This does not include polymers derived from
5977
biological material or polymers specifically designed to be
5978
degradable; or
5979
5980
C)
Mixtures of these nonbiodegradable materials.
5981
5982
2)
Tests for nonbiodegradable sorbents are the following:
5983
5984
A)
The sorbent material is determined to be nonbiodegradable under
5985
ASTM Method G21-70 (1984a) (Standard Practice for
5986
Determining Resistance of Synthetic Polymer Materials to Fungi),
5987
incorporated by reference in 35 Ill. Adm. Code 720.111(a);
5988
5989
B)
The sorbent material is determined to be nonbiodegradable under
5990
ASTM Method G22-76 (1984b) (Standard Practice for
5991
Determining Resistance of Plastics to Bacteria), incorporated by
5992
reference in 35 Ill. Adm. Code 720.111(a); or
5993
5994
C)
The sorbent material is determined to be non-biodegradable under
5995
OECD Guideline for Testing of Chemicals, Method 301B (CO2
5996
Evolution (Modified Sturm Test)), incorporated by reference in 35
5997
Ill. Adm. Code 720.111(a).
5998
5999
et)
The placement of any liquid that is not a hazardous waste in a hazardous waste
6000
landfill is prohibited (35 Ill. Adm. Code 729.311), unless the Board finds that the
6001
owner or operator has demonstrated the following in a petition for an adjusted
6002
standard pursuant to Section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill. Adm.
JCAR350724-0805228r01
6003
Code 101 and 104:
6004
6005
1)
The only reasonably available alternative to the placement in a hazardous
6006
waste landfill is placement in a landfill or unlined surface impoundment,
6007
whether or not permitted or operating under interim status, that contains or
6008
which may reasonably be anticipated to contain hazardous waste; and
6009
6010
2)
Placement in the hazardous waste landfill will not present a risk of
6011
contamination of any "underground source of drinking water" (as that teen
6012
is defined in 35 Ill. Adm. Code 702.110).
6013
6014
(Source: Amended at 32 Ill. Reg.
, effective )
6015
6016
SUBPART 0: INCINERATORS
6017
6018
Section 724.443 Performance Standards
6019
6020 An incinerator burning hazardous waste must be designed, constructed, and maintained so that,
6021
when operated in accordance with operating requirements specified under Section 724.445, it
6022 will meet the following performance standards:
6023
6024
a)
Destruction and removal efficiency.
6025
6026
1)
Except as provided in subsection (a)(2) of this Section, an incinerator
6027
burning hazardous waste must achieve a destruction and removal
6028
efficiency (DRE) of 99.99% for each principal organic hazardous
6029
constituent (POHC) designated (under Section 724.442) in its peimit for
6030
each waste feed. DRE is determined for each
POHC
from the following
6031
equation:
6032
6033
DRE =
100 x
(A
T
– 0)
N
6034
6035
Where:
6036
N = Mass feed rate of one principal organic hazardous constituent
(POHC)
in the waste stream feeding the incinerator
O
= Mass emission rate of the same
POHC
present in exhaust
emissions prior to release to the atmosphere,
6037
6038
2)
An incinerator burning hazardous wastes F020, F021, F022, F023, F026,
6039
or F027 must achieve a destruction and removal efficiency (DRE) of
6040
99.9999% for each principal organic hazardous constituent
(POHC)
JCAR350724-0805228r01
6041
designated (under Section 724.442) in its permit. This perfoii
lance must
6042
be demonstrated on POHCs that are more difficult to incinerate than tetra-,
6043
penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
6044
determined for each POHC from the equation in subsection (a)(1) of this
6045
Section.
6046
the Agency of its intent to incinerate hazardous wastes F020, F021, F022,
6047
F023, F026, or F027.
6048
6049
b)
An incinerator burning hazardous waste and producing stack emissions of more
6050
than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HC1) must
6051
control HC1 emissions such that the rate of emission is no greater than the larger
6052
of either 1.8 kilograms per hour or one percent of the HC1 in the stack gas prior to
6053
entering any pollution control equipment.
6054
6055
c)
An incinerator burning hazardous waste must not emit particulate matter in excess
6056
of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard
6057
cubic foot) when corrected for the amount of oxygen in the stack gas according to
6058
the following foimula:
6059
14xM
C =
21–Y
6061
6062
1)
Where:
6063
C = the corrected concentration of particulate matter
M = the measured concentration of particulate matter
Y = the measured concentration of oxygen in the stack gas, using the
Orsat method for oxygen analysis of dry flue gas, presented in
Method 3 in appendix A to 40 CFR 60 (Gas Analysis for the
Determination of Dry Molecular Weight), incorporated by
reference in 35 Ill. Adm. Code 720.111(b),
6064
6065
2)
This correction procedure is to be used by all hazardous waste incinerators
6066
except those operating under conditions of oxygen enrichment. For these
6067
facilities, the Agency must select an appropriate correction procedure, to
6068
be specified in the facility permit.
6069
6070
d)
For the purposes of permit enforcement, compliance with the operating
6071
requirements specified in the permit (under Section 724.445) will be regarded as
6072
compliance with this Section. However, evidence that compliance with those
6073
permit conditions is insufficient to ensure compliance with the performance
6074
requirements of this Section may be "information" justifying modification,
6075
revocation or reissuance of a permit under 35 Ill. Adm. Code 702.184.
" •
6060
JCAR350724-0805228r01
6076
6077
(Source: Amended at 32 Ill. Reg.
, effective
)
6078
6079
Section
724.447
Monitoring and Inspections
6080
6081
a)
The owner or operator must conduct, as a minimum, the following monitoring
6082
while incinerating hazardous waste:
6083
6084
1)
Combustion temperature, waste feed rate, and the indicator of combustion
6085
gas velocity specified in the facility permit must be monitored on a
6086
continuous basis.
6087
6088
2)
Carbon monoxide must be monitored on a continuous basis at a point in
6089
the incinerator downstream of the combustion zone and prior to release to
6090
the atmosphere.
6091
6092
3)
Upon request by the Agency, sampling and analysis of the waste and
6093
exhaust emissions must be conducted to verify that the operating
6094
requirements established in the permit achieved the perfolinance standard
6095
of Section 724.443.
6096
6097
b)
The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.)
6098
must be subjected to thorough visual inspection, at least daily, for leaks, spills,
6099
fugitive emissions and signs of tampering.
6100
6101
c)
The emergency waste feed cutoff system and associated alarms must be tested at
6102
least weekly to verify operability, unless the applicant demonstrates to the Agency
6103
that weekly inspections will unduly restrict or upset operations and that less
6104
frequent inspection will be adequate. At a minimum, operational testing must be
6105
conducted at least monthly.
6106
6107
d)
This monitoring and inspection data must be recorded and the records must be
6108
placed in the operating recordleg required by Section 724.173 and maintained in
6109
the operating record for five years.
6110
6111
(Source: Amended at 32 Ill. Reg.
, effective )
6112
6113
SUBPART S: SPECIAL PROVISIONS FOR CLEANUP
6114
6115
Section 724.652 Corrective Action Management Units
6116
6117
a)
To implement remedies pursuant to Section 724.201 or RCRA section 3008(h), or
6118
to implement remedies at a permitted facility that is not subject to Section
JCAR350724-0805228r01
6119
724.201, the Agency may designate an area at the facility as a corrective action
6120
management unit pursuant to the requirements in this Section. "Corrective action
6121
management unit" or "CAMU" means an area within a facility that is used only
6122
for managing CAMU-eligible wastes for implementing corrective action or
6123
cleanup at that facility. A CAMU must be located within the contiguous property
6124
under the control of the owner or operator where the wastes to be managed in the
6125
CAMU originated. One or more CAMUs may be designated at a facility.
6126
6127
1)
"CAMU-eligible waste" means the following:
6128
6129
A)
All solid and hazardous wastes, and all media (including
6130
groundwater, surface water, soils, and sediments) and debris, that
6131
are managed for implementing cleanup. As-generated wastes
6132
(either hazardous or non-hazardous) from ongoing industrial
6133
operations at a site are not CAMU-eligible wastes.
6134
6135
B)
Wastes that would otherwise meet the description in subsection
6136
(a)(1)(A) of this Section are not CAMU-eligible waste where the
6137
following is true:
6138
6139
i)
The wastes are hazardous waste found during cleanup in
6140
intact or substantially intact containers, tanks, or other non-
6141
land-based units found above ground, unless the wastes are
6142
first placed in the tanks, containers, or non-land-based units
6143
as part of cleanup, or the containers or tanks are excavated
6144
during the course of cleanup; or
6145
6146
ii)
The Agency makes the determination in subsection (a)(2)
6147
of this Section to prohibit the wastes from management in a
6148
CAMU.
6149
6150
C)
Notwithstanding subsection (a)(1)(A) of this Section, where
6151
appropriate, as-generated non-hazardous waste may be placed in a
6152
CAMU where such waste is being used to facilitate treatment or
6153
the performance of the CAMU.
6154
6155
2)
The Agency must prohibit the placement of waste in a CAMU where the
6156
Agency determines that the wastes have not been managed in compliance
6157
with applicable land disposal treatment standards of 35 Ill. Adm. Code
6158
728, applicable unit design requirements of this Part or 35 Ill. Adm. Code
6159
725, or other applicable requirements of this Subtitle G, and that the non-
6160
compliance likely contributed to the release of the waste.
6161
JCAR350724-0805228r01
6162
3)
Prohibition against placing liquids in a CAMU.
6163
6164
A)
The placement of bulk or noncontainerized liquid hazardous waste
6165
or free liquids contained in hazardous waste (whether or not
6166
sorbents have been added) in any CAMU is prohibited except
6167
where placement of such wastes facilitates the remedy selected for
6168
the waste.
6169
6170
B)
The requirements in Section 724.414(d) for placement of
6171
containers holding free liquids in landfills apply to placement in a
6172
CAMU, except where placement facilitates the remedy selected for
6173
the waste.
6174
6175
C)
The placement of any liquid that is not a hazardous waste in a
6176
CAMU is prohibited unless such placement facilitates the remedy
6177
selected for the waste or a demonstration is made pursuant to
6178
Section 724.414(f).
6179
6180
D)
The absence or presence of free liquids in either a containerized or
6181
a bulk waste must be determined in accordance with Section
6182
724.414(c). Sorbents used to treat free liquids in a CAMU must
6183
meet the requirements of Section 724.414(e).
6184
6185
4)
Placement of CAMU-eligible wastes into or within a CAMU does not
6186
constitute land disposal of hazardous waste.
6187
6188
5)
Consolidation or placement of CAMU-eligible wastes into or within a
6189
CAMU does not constitute creation of a unit subject to minimum
6190
technology requirements.
6191
6192
b)
Establishing a CAMU.
6193
6194
1)
The Agency must designate a regulated unit (as defined in Section
6195
724.190(a)(2)) as a CAMU or must incorporate a regulated unit into a
6196
CAMU, if it determines that the following is true of a regulated unit:
6197
6198
A)
The regulated unit is closed or closing, meaning it has begun the
6199
closure process pursuant to Section 724.213 or 35 Ill. Adm. Code
6200
725.213; and
6201
6202
B)
Inclusion of the regulated unit will enhance implementation of
6203
effective, protective, and reliable remedial actions for the facility.
6204
JCAR350724-0805228r01
6205
2)
The Subpart F, G, and H requirements and the unit-specific requirements
6206
of this Part or 35 Ill. Adm. Code 265 that applied to the regulated unit will
6207
continue to apply to that portion of the CAMU after incorporation into the
6208
CAMU.
6209
6210
c)
The Agency must designate a CAMU that will be used for storage or treatment
6211
only in accordance with subsection (f) of this Section. The Agency must
6212
designate any other CAMU in accordance with the following requirements:
6213
6214
1)
The CAMU must facilitate the implementation of reliable, effective,
6215
protective, and cost-effective remedies;
6216
6217
2)
Waste management activities associated with the CAMU must not create
6218
unacceptable risks to humans or to the environment resulting from
6219
exposure to hazardous wastes or hazardous constituents;
6220
6221
3)
The CAMU must include uncontaminated areas of the facility, only if
6222
including such areas for the purpose of managing CAMU-eligible waste is
6223
more protective than management of such wastes at contaminated areas of
6224
the facility;
6225
6226
4)
Areas within the CAMU, where wastes remain in place after closure of the
6227
CAMU, must be managed and contained so as to minimize future releases,
6228
to the extent practicable;
6229
6230
5)
The CAMU must expedite the timing of remedial activity implementation,
6231
when appropriate and practicable;
6232
6233
6)
The CAMU must enable the use, when appropriate, of treatment
6234
technologies (including innovative technologies) to enhance the long-term
6235
effectiveness of remedial actions by reducing the toxicity, mobility, or
6236
volume of wastes that will remain in place after closure of the CAMU; and
6237
6238
7)
The CAMU must, to the extent practicable, minimize the land area of the
6239
facility upon which wastes will remain in place after closure of the
6240
CAMU.
6241
6242
d)
The owner or operator must provide sufficient information to enable the Agency
6243
to designate a CAMU in accordance with the criteria in this Section. This must
6244
include, unless not reasonably available, information on the following:
6245
6246
1)
The origin of the waste and how it was subsequently managed (including a
6247
description of the timing and circumstances surrounding the disposal or
JCAR350724-0805228r01
6291
into the groundwater or surface water at least as effectively
6292
as the liner and leachate collection systems in subsection
6293
(e)(3)(A) of this Section; or
6294
6295
ii)
The CAMU is to be established in an area with existing
6296
significant levels of contamination, and the Agency
6297
determines that an alternative design, including a design
6298
that does not include a liner, would prevent migration from
6299
the unit that would exceed long-term remedial goals.
6300
6301
4)
Minimum treatment requirements: Unless the wastes will be placed in a
6302
CAMU for storage or treatment only in accordance with subsection (f) of
6303
this Section, CAMU-eligible wastes that, absent this Section, would be
6304
subject to the treatment requirements of 35 Ill. Adm. Code 728, and that
6305
the Agency determines contain principal hazardous constituents must be
6306
treated to the standards specified in subsection (e)(4)(C) of this Section.
6307
6308
A)
Principal hazardous constituents are those constituents that the
6309
Agency determines pose a risk to human health and the
6310
environment substantially higher than the cleanup levels or goals at
6311
the site.
6312
6313
i)
In general, the Agency must designate as principal
6314
hazardous constituents those contaminants specified in
6315
subsection (e)(4)(H) of this Section.
6316
6317
BOARD NOTE: The Board has codified 40 CFR
6318
264.552(e)(4)(i)(A)(1) and (e)(4)(i)(A)(2) as subsections
6319
(e)(4)(H)(i) and (e)(4)(H)(ii) of this Section in order to
6320
comply with Illinois Administrative Code codification
6321
requirements.
6322
6323
ii)
The Agency must also designate constituents as principal
6324
hazardous constituents, where appropriate, when risks to
6325
human health and the environment posed by the potential
6326
migration of constituents in wastes to groundwater are
6327
substantially higher than cleanup levels or goals at the site.
6328
When making such a designation, the Agency must
6329
consider such factors as constituent concentrations, and fate
6330
and transport characteristics under site conditions.
6331
6332
iii)
The Agency must also designate other constituents as
6333
principal hazardous constituents that the Agency
JCAR350724-0805228r01
6334
determines pose a risk to human health and the
6335
environment substantially higher than that posed by the
6336
cleanup levels or goals at the site.
6337
6338
B)
In deteimining which constituents are "principal hazardous
6339
constituents," the Agency must consider all constituents that,
6340
absent this Section, would be subject to the treatment requirements
6341
in 35 Ill. Adm. Code 728.
6342
6343
C)
Waste that the Agency detelmines contains principal hazardous
6344
constituents must meet treatment standards determined in
6345
accordance with subsection (e)(4)(D) or (e)(4)(E) of this Section.
6346
6347
D)
Treatment standards for wastes placed in a CAMU.
6348
6349
i)
For non-metals, treatment must achieve 90 percent
6350
reduction in total principal hazardous constituent
6351
concentrations, except as provided by subsection
6352
(e)(4)(D)(iii) of this Section.
6353
6354
ii)
For metals, treatment must achieve 90 percent reduction in
6355
principal hazardous constituent concentrations as measured
6356
in leachate from the treated waste or media (tested
6357
according to the TCLP) or 90 percent reduction in total
6358
constituent concentrations (when a metal removal treatment
6359
technology is used), except as provided by subsection
6360
(e)(4)(D)(iii) of this Section.
6361
6362
iii)
When treatment of any principal hazardous constituent to a
6363
90 percent reduction standard would result in a
6364
concentration less than 10 times the Universal Treatment
6365
Standard for that constituent, treatment to achieve
6366
constituent concentrations less than 10 times the Universal
6367
Treatment Standard is not required. Universal Treatment
6368
Standards are identified in Table U to 35 Ill. Adm. Code
6369
728.
6370
6371
iv)
For waste exhibiting the hazardous characteristic of
6372
ignitability, corrosivity, or reactivity, the waste must also
6373
be treated to eliminate these characteristics.
6374
6375
v)
For debris, the debris must be treated in accordance with 35
6376
Ill. Adm. Code Section 728.145, or by methods or to levels
JCAR350724-0805228r01
6377
established pursuant to subsections (e)(4)(D)(i) through
6378
(e)(4)(D)(iv) or subsection (e)(4)(E) of this Section,
6379
whichever the Agency determines is appropriate.
6380
6381
vi)
Alternatives to TCLP. For metal bearing wastes for which
6382
metals removal treatment is not used, the Agency must
6383
specify a leaching test other than Method 1311 (Toxicity
6384
Characteristic Leaching Procedure), in "Test Methods for
6385
Evaluating Solid Waste, Physical/Chemical Methods,"
6386
USEPA publication number EPA-530/SW-846,
6387
incorporated by reference in 35 Ill. Adm. Code 720.111(a)
6388
to measure treatment effectiveness, provided the Agency
6389
determines that an alternative leach testing protocol is
6390
appropriate for use, and that the alternative more accurately
6391
reflects conditions at the site that affect leaching.
6392
6393
E)
Adjusted standards. The Board will grant an adjusted standard
6394
pursuant to Section 28.1 of the Act to adjust the treatment level or
6395
method in subsection (e)(4)(D) of this Section to a higher or lower
6396
level, based on one or more of the following factors, as
6397
appropriate, if the owner or operator demonstrates that the adjusted
6398
level or method would adequately protect human health and the
6399
environment, based on consideration of the following:
6400
6401
i)
The technical impracticability of treatment to the levels or
6402
by the methods in subsection (e)(4)(D) of this Section;
6403
6404
ii)
The levels or methods in subsection (e)(4)(D) of this
6405
Section would result in concentrations of principal
6406
hazardous constituents (PHCs) that are significantly above
6407
or below cleanup standards applicable to the site
6408
(established either site-specifically, or promulgated
6409
pursuant to State or federal law);
6410
6411
iii)
The views of the affected local community on the treatment
6412
levels or methods in subsection (e)(4)(D) of this Section, as
6413
applied at the site, and, for treatment levels, the treatment
6414
methods necessary to achieve these levels;
6415
6416
The short-term risks presented by the on-site treatment
6417
method necessary to achieve the levels or treatment
6418
methods in subsection (e)(4)(D) of this Section;
6419
JCAR350724-0805228r01
6420
v)
The long-term protection offered by the engineering design
6421
of the CAMU and related engineering controls under the
6422
circumstances set forth in subsection (e)(4)(I) of this
6423
Section.
6424
6425
BOARD NOTE: The Board has codified 40 CFR
6426
264.552(e)(4)(v)(E)(1) through (e)(4)(v)(E)(5) as
6427
subsections (e)(4)(I)(i) through (e)(4)(I)(v) of this Section
6428
in order to comply with Illinois Administrative Code
6429
codification requirements.
6430
6431
F)
The treatment required by the treatment standards must be
6432
completed prior to, or within a reasonable time after, placement in
6433
the CAMU.
6434
6435
G)
For the purpose of determining whether wastes placed in a CAMU
6436
have met site-specific treatment standards, the Agency must
6437
specify a subset of the principal hazardous constituents in the
6438
waste as analytical surrogates for detemiining whether treatment
6439
standards have been met for other principal hazardous constituents
6440
if it determines that the specification is appropriate based on the
6441
degree of difficulty of treatment and analysis of constituents with
6442
similar treatment properties.
6443
6444
H)
Principal hazardous constituents that the Agency must designate
6445
are the following:
6446
6447
i)
Carcinogens that pose a potential direct risk from ingestion
6448
or inhalation at the site at or above 10
-3 ; and
6449
6450
ii)
Non-carcinogens that pose a potential direct risk from
6451
ingestion or inhalation at the site an order of magnitude or
6452
greater over their reference dose.
6453
6454
I)
Circumstances relating to the long-term protection offered by
6455
engineering design of the CAMU and related engineering controls
6456
are the following:
6457
6458
i)
Where the treatment standards in subsection (e)(4)(D) of
6459
this Section are substantially met and the principal
6460
hazardous constituents in the waste or residuals are of very
6461
low mobility;
6462
JCAR350724-0805228r01
6463
ii)
Where cost-effective treatment has been used and the
6464
CAMU meets the Subtitle C liner and leachate collection
6465
requirements for new land disposal units at Section
6466
724.401(c) and (d);
6467
6468
iii)
Where, after review of appropriate treatment technologies,
6469
the Board determines that cost-effective treatment is not
6470
reasonably available, and the CAMU meets the Subtitle C
6471
liner and leachate collection requirements for new land
6472
disposal units at Section 724.401(c) and (d);
6473
6474
iv)
Where cost-effective treatment has been used and the
6475
principal hazardous constituents in the treated wastes are of
6476
very low mobility; or
6477
6478
v)
Where, after review of appropriate treatment technologies,
6479
the Board determines that cost-effective treatment is not
6480
reasonably available, the principal hazardous constituents
6481
in the wastes are of very low mobility, and either the
6482
CAMU meets or exceeds the liner standards for new,
6483
replacement, or a laterally expanded CAMU in subsections
6484
(e)(3)(A) and (e)(3)(B) of this Section or the CAMU
6485
provides substantially equivalent or greater protection.
6486
6487
5)
Except as provided in subsection (f) of this Section, requirements for
6488
groundwater monitoring and corrective action that are sufficient to do the
6489
following:
6490
6491
A)
Continue to detect and to characterize the nature, extent,
6492
concentration, direction, and movement of existing releases of
6493
hazardous constituents in groundwater from sources located within
6494
the CAMU;
6495
6496
B)
Detect and subsequently characterize releases of hazardous
6497
constituents to groundwater that may occur from areas of the
6498
CAMU in which wastes will remain in place after closure of the
6499
CAMU; and
6500
6501
C)
Require notification to the Agency and corrective action as
6502
necessary to adequately protect human health and the environment
6503
for releases to groundwater from the CAMU.
6504
6505
6)
Except as provided in subsection (f) of this Section, closure and post-
JCAR350724-0805228r01
6506
closure requirements, as follows:
6507
6508
A)
Closure of corrective action management units must do the
6509
following:
6510
6511
i)
Minimize the need for further maintenance; and
6512
6513
ii)
Control, minimize, or eliminate, to the extent necessary to
6514
adequately protect human health and the environment, for
6515
areas where wastes remain in place, post-closure escape of
6516
hazardous wastes, hazardous constituents, leachate,
6517
contaminated runoff, or hazardous waste decomposition
6518
products to the ground, to surface waters, or to the
6519
atmosphere.
6520
6521
B)
Requirements for closure of a CAMU must include the following,
6522
as appropriate and as deemed necessary by the Agency for a given
6523
CAMU:
6524
6525
i)
Requirements for excavation, removal, treatment or
6526
containment of wastes; and
6527
6528
ii)
Requirements for removal and decontamination of
6529
equipment, devices, and structures used in CAMU-eligible
6530
waste management activities within the CAMU.
6531
6532
C)
In establishing specific closure requirements for a CAMU pursuant
6533
to this subsection (e), the Agency must consider the following
6534
factors:
6535
6536
i)
CAMU characteristics;
6537
6538
ii)
Volume of wastes that remain in place after closure;
6539
6540
iii)
Potential for releases from the CAMU;
6541
6542
iv)
Physical and chemical characteristics of the waste;
6543
6544
v)
HydrogeologicalHydrological and other relevant
6545
environmental conditions at the facility that may influence
6546
the migration of any potential or actual releases; and
6547
6548
vi)
Potential for exposure of humans and environmental
JCAR350724-0805228r01
6549
receptors if releases were to occur from the CAMU.
6550
6551
D)
Cap requirements:
6552
6553
i)
At final closure of the CAMU, for areas in which wastes
6554
will remain with constituent concentrations at or above
6555
remedial levels or goals applicable to the site after closure
6556
of the CAMU, the owner or operator must cover the
6557
CAMU with a final cover designed and constructed to meet
6558
the performance criteria listed in subsection (e)(6)(F) of
6559
this Section, except as provided in subsection (e)(6)(D)(ii)
6560
of this Section:
6561
6562
BOARD NOTE: The Board has codified 40 CFR
6563
264.552(e)(6)(iv)(A)(1) through (e)(6)(iv)(A)(5) as
6564
subsections (e)(6)(F)(i) through (e)(6)(F)(v) of this Section
6565
in order to comply with Illinois Administrative Code
6566
codification requirements.
6567
6568
ii)
The Agency must apply cap requirements that deviate from
6569
those prescribed in subsection (e)(6)(D)(i) of this Section if
6570
it determines that the modifications are needed to facilitate
6571
treatment or the performance of the CAMU (e.g., to
6572
promote biodegradation).
6573
6574
E)
Post-closure requirements as necessary to adequately protect
6575
human health and the environment, to include, for areas where
6576
wastes will remain in place, monitoring and maintenance activities,
6577
and the frequency with which such activities must be performed to
6578
ensure the integrity of any cap, final cover, or other containment
6579
system.
6580
6581
F)
The final cover design and performance criteria are as follows:
6582
6583
i)
Provide long-term minimization of migration of liquids
6584
through the closed unit;
6585
6586
ii)
Function with minimum maintenance;
6587
6588
iii)
Promote drainage and minimize erosion or abrasion of the
6589
cover;
6590
6591
iv)
Accommodate settling and subsidence so that the cover's
JCAR350724-0805228r01
6592
integrity is maintained; and
6593
6594
v)
Have a permeability less than or equal to the permeability
6595
of any bottom liner system or natural subsoils present.
6596
6597
f)
A CAMU used for storage or treatment only is a CAMU in which wastes will not
6598
remain after closure. Such a CAMU must be designated in accordance with all of
6599
the requirements of this Section, except as follows:
6600
6601
1)
A CAMU that is used for storage or treatment only and that operates in
6602
accordance with the time limits established in the staging pile regulations
6603
at Section 724.654(d)(1)(C), (h), and (i) is subject to the requirements for
6604
staging piles at Section 724.654(d)(1)(A) and (d)(1)(B), (d)(2), (e), (f), (j),
6605
and (k) in lieu of the performance standards and requirements for a
6606
CAMU in subsections (c) and (e)(3) through (e)(6) of this Section.
6607
6608
2)
A CAMU that is used for storage or treatment only and that does not
6609
operate in accordance with the time limits established in the staging pile
6610
regulations at Section 724.654(d)(1)(C), (h), and (i):
6611
6612
A)
The owner or operator must operate in accordance with a time
6613
limit, established by the Agency, that is no longer than necessary
6614
to achieve a timely remedy selected for the waste and
6615
6616
B)
The CAMU is subject to the requirements for staging piles at
6617
Section 724.654(d)(1)(A) and (d)(1)(B), (d)(2), (e), (f), (j), and (k)
6618
in lieu of the performance standards and requirements for a CAMU
6619
in subsections (c), (e)(4), and (6) of this Section.
6620
6621
g)
A CAMU into which wastes are placed where all wastes have constituent levels at
6622
or below remedial levels or goals applicable to the site do not have to comply
6623
with the requirements for liners at subsection (e)(3)(A) of this Section, caps at
6624
subsection (e)(6)(D) of this Section, groundwater monitoring requirements at
6625
subsection (e)(5) of this Section or, for treatment or storage-only a CAMU, the
6626
design standards at subsection (f) of this Section.
6627
6628
h)
The Agency must provide public notice and a reasonable opportunity for public
6629
comment before designating a CAMU. Such notice must include the rationale for
6630
any proposed adjustments pursuant to subsection (e)(4)(E) of this Section to the
6631
treatment standards in subsection (e)(4)(D) of this Section.
6632
6633
i)
Notwithstanding any other provision of this Section, the Agency must impose
6634
those additional requirements that it determines are necessary to adequately
JCAR350724-0805228r01
6635
protect human health and the environment.
6636
6637
j)
Incorporation of a CAMU into an existing permit must be approved by the
6638
Agency according to the procedures for Agency-initiated permit modifications
6639
pursuant to 35 Ill. Adm. Code 703.270 through 703.273, or according to the
6640
permit modification procedures of 35 Ill. Adm. Code 703.280 through 703.283.
6641
6642
k)
The designation of a CAMU does not change the Agency's existing authority to
6643
address cleanup levels, media-specific points of compliance to be applied to
6644
remediation at a facility, or other remedy selection decisions.
6645
6646 (Source: Amended at 32 Ill. Reg.
, effective )
6647
6648
Section 724.654 Staging Piles
6649
6650
a)
Definition of a staging pile. A staging pile is an accumulation of solid, non-
6651
flowing remediation waste (as defined in 35 Ill. Adm. Code 720.110) that is not a
6652
containment building and which is used only during remedial operations for
6653
temporary storage at a facility. A staging pile must be located within the
6654
contiguous property under the control of the owner or operator where the wastes
6655
to be managed in the staging pile originated. Staging piles must be designated by
6656
the Agency in accordance with the requirements in this Section.
6657
6658
1)
For the purposes of this Section, storage includes mixing, sizing, blending,
6659
or other similar physical operations as long as they are intended to prepare
6660
the wastes for subsequent management or treatment.
6661
6662
2)
This subsection (a)(2) corresponds with 40 CFR 264.554(a)(2), which
6663
USEPA has marked as "reserved." This statement maintains structural
6664
consistency with the federal regulations.
6665
6666
b)
Use of a staging pile. An owner or operator may use a staging pile to store
6667
hazardous remediation waste (or remediation waste otherwise subject to land
6668
disposal restrictions) only if an owner or operator follows the standards and
6669
design criteria the Agency has designated for that staging pile. The Agency must
6670
designate the staging pile in a permit or, at an interim status facility, in a closure
6671
plan or order (consistent with 35 Ill. Adm. Code 703.155(a)(5) and (b)(5)). The
6672
Agency must establish conditions in the permit, closure plan, or order that comply
6673
with subsections (d) through (k) of this Section.
6674
6675 c)
Information that an owner or operator must submit to gain designation of a
6676
staging pile. When seeking a staging pile designation, an owner or operator must
6677
provide the following:
JCAR350724-0805228r01
6678
6679
1)
Sufficient and accurate information to enable the Agency to impose
6680
standards and design criteria for the facility's staging pile according to
6681
subsections (d) through (k) of this Section;
6682
6683
2)
Certification by aafrifideperielent7
qualified Professional
6684
Enginee b .
-
-
of technical data, such as design
6685
drawings and specifications, and engineering studies, unless the Agency
6686
determines, based on infollnation that an owner or operator provides, that
6687
this certification is not necessary to ensure that a staging pile will
6688
adequately protect human health and the environment; and
6689
6690
3)
Any additional information the Agency determines is necessary to
6691
adequately protect human health and the environment.
6692
6693
d)
Performance criteria that a staging pile must satisfy. The Agency must establish
6694
the standards and design criteria for the staging pile in the permit, closure plan, or
6695
order.
6696
6697
1)
The standards and design criteria must comply with the following:
6698
6699
A)
The staging pile must facilitate a reliable, effective, and protective
6700
remedy;
6701
6702
B)
The staging pile must be designed so as to prevent or minimize
6703
releases of hazardous wastes and hazardous constituents into the
6704
environment, and minimize or adequately control cross-media
6705
transfer, as necessary to adequately protect human health and the
6706
environment (for example, through the use of liners, covers, or
6707
runoff and runon controls, as appropriate); and
6708
6709
C)
The staging pile must not operate for more than two years, except
6710
when the Agency grants an operating teem extension pursuant to
6711
subsection (i) of this Section. An owner or operator must measure
6712
the two-year limit or other operating teen specified by the Agency
6713
in the permit, closure plan, or order from the first time an owner or
6714
operator places remediation waste into a staging pile. An owner or
6715
operator must maintain a record of the date when it first placed
6716
remediation waste into the staging pile for the life of the permit,
6717
closure plan, or order, or for three years, whichever is longer.
6718
6719
2)
In setting the standards and design criteria, the Agency must consider the
6720
following factors:
JCAR350724-0805228r01
6721
6722
A)
The length of time the pile will be in operation;
6723
6724
B)
The volumes of wastes the owner or operator intends to store in the
6725
pile;
6726
6727
C)
The physical and chemical characteristics of the wastes to be
6728
stored in the unit;
6729
6730
D)
The potential for releases from the unit;
6731
6732
E)
The hydrogeological and other relevant environmental conditions
6733
at the facility that may influence the migration of any potential
6734
releases; and
6735
6736
F)
The potential for human and environmental exposure to potential
6737
releases from the unit.
6738
6739
e)
Receipt of ignitable or reactive remediation waste. An owner or operator must
6740
not place ignitable or reactive remediation waste in a staging pile unless the
6741
following is true:
6742
6743
1)
The owner or operator has treated, rendered, or mixed the remediation
6744
waste before it placed the waste in the staging pile so that the following is
6745
true of the waste:
6746
6747
A)
The remediation waste no longer meets the definition of ignitable
6748
or reactive pursuant to 35 Ill. Adm. Code 721.121 or 721.123; and
6749
6750
B)
The owner or operator has complied with Section 724.117(b); or
6751
6752
2)
The owner or operator manages the remediation waste to protect it from
6753
exposure to any material or condition that may cause it to ignite or react.
6754
6755
f)
Managing incompatible remediation wastes in a staging pile. The term
6756
"incompatible waste" is defined in 35 Ill. Adm. Code 720.110. An owner or
6757
operator must comply with the following requirements for incompatible wastes in
6758
staging piles:
6759
6760
1)
The owner or operator must not place incompatible remediation wastes in
6761
the same staging pile unless an owner or operator has complied with
6762
Section 724.117(b);
6763
JCAR350724-0805228r01
6764
2)
If remediation waste in a staging pile is incompatible with any waste or
6765
material stored nearby in containers, other piles, open tanks, or land
6766
disposal units (for example, surface impoundments), an owner or operator
6767
must separate the incompatible materials, or protect them from one
6768
another by using a dike, berm, wall, or other device; and
6769
6770
3)
The owner or operator must not pile remediation waste on the same base
6771
where incompatible wastes or materials were previously piled, unless the
6772
base has been decontaminated sufficiently to comply with Section
6773
724.117(b).
6774
6775
g)
Staging piles are not subject to land disposal restrictions and federal minimum
6776
technological requirements. Placing hazardous remediation wastes into a staging
6777
pile does not constitute land disposal of hazardous wastes or create a unit that is
6778
subject to the federal minimum technological requirements of section 3004(o) of
6779
RCRA, 42 USC 6924(o).
6780
6781
h)
How long an owner or operator may operate a staging pile. The Agency may
6782
allow a staging pile to operate for up to two years after hazardous remediation
6783
waste is first placed into the pile. An owner or operator must use a staging pile no
6784
longer than the length of time designated by the Agency in the permit, closure
6785
plan, or order (the "operating term"), except as provided in subsection (i) of this
6786
Section.
6787
6788
i)
Receiving an operating extension for a staging pile.
6789
6790
1)
The Agency may grant one operating term extension of up to 180 days
6791
beyond the operating term limit contained in the permit, closure plan, or
6792
order (see subsection (1) of this Section for modification procedures). To
6793
justify the need for an extension, an owner or operator must provide
6794
sufficient and accurate information to enable the Agency to determine that
6795
the following is true of continued operation of the staging pile:
6796
6797
A)
Continued operation will not pose a threat to human health and the
6798
environment; and
6799
6800
B)
Continued operation is necessary to ensure timely and efficient
6801
implementation of remedial actions at the facility.
6802
6803
2)
The Agency must, as a condition of the extension, specify further
6804
standards and design criteria in the permit, closure plan, or order, as
6805
necessary, to ensure adequate protection of human health and the
6806
environment.
JCAR350724-0805228r01
6807
6808
j)
The closure requirement for a staging pile located in a previously contaminated
6809 area.
6810
6811
1)
Within 180 days after the operating term of the staging pile expires, an
6812
owner or operator must close a staging pile located in a previously
6813
contaminated area of the site by removing or decontaminating all of the
6814
following:
6815
6816
A)
Remediation waste;
6817
6818
B)
Contaminated containment system components; and
6819
6820
C)
Structures and equipment contaminated with waste and leachate.
6821
6822
2)
An owner or operator must also decontaminate contaminated subsoils in a
6823
manner and according to a schedule that the Agency determines will
6824
adequately protect human health and the environment.
6825
6826
3)
The Agency must include the above requirements in the permit, closure
6827
plan, or order in which the staging pile is designated.
6828
6829
k)
The closure requirement for a staging pile located in a previously uncontaminated
6830
area.
6831
6832
1)
Within 180 days after the operating term of the staging pile expires, an
6833
owner or operator must close a staging pile located in an uncontaminated
6834
area of the site according to Sections 724.358(a) and 724.211 or according
6835
to 35 Ill. Adm. Code 725.358(a) and 725.211.
6836
6837
2)
The Agency must include the requirement of this Section stated in
6838
subsection (k)(1) in the permit, closure plan, or order in which the staging
6839
pile is designated.
6840
6841
1)
Modifying an existing permit (e.g., a RAP), closure plan, or order to allow the use
6842
of a staging pile.
6843
6844
1)
To modify a permit, other than a RAP, to incorporate a staging pile or
6845
staging pile operating term extension, either of the following must occur:
6846
6847
A)
The Agency must approve the modification pursuant to the
6848
procedures for Agency-initiated permit modifications in 35 Ill.
6849
Adm. Code 703.270 through 703.273; or
JCAR350724-0805228r01
6850
6851
B)
An owner or operator must request a Class 2 modification pursuant
6852
to 35 Ill. Adm. Code 703.280 through 703.283.
6853
6854
2)
To modify a RAP to incorporate a staging pile or staging pile operating
6855
term extension, an owner or operator must comply with the RAP
6856
modification requirements pursuant to 35 Ill. Adm. Code 703.304(a) and
6857
(b).
6858
6859
3)
To modify a closure plan to incorporate a staging pile or staging pile
6860
operating term extension, an owner or operator must follow the applicable
6861
requirements pursuant to Section 724.212(c) or 35 Ill. Adm. Code
6862
725.212(c).
6863
6864
4)
To modify an order to incorporate a staging pile or staging pile operating
6865
term extension, an owner or operator must follow the terms of the order
6866
and the applicable provisions of 35
Ill.
Adm. Code 703.155(a)(5) or (b)(5).
6867
6868
m)
Public availability of information about a staging pile. The Agency must
6869
document the rationale for designating a staging pile or staging pile operating
6870
teem extension and make this documentation available to the public.
6871
6872
(Source: Amended at 32 Ill. Reg.
6873
6874
6875
6876
Section 724.671 Assessment of Existing Drip Pad Integrity
6877
6878
a)
For each existing drip pad, the owner or operator must evaluate the drip pad and
6879
determine
whetherthat
it meets all of the requirements of this Subpart W, except
6880
the requirements for liners and leak detection systems of Section 724.673(b). No
6881
later than June 6, 1991, the owner or operator must obtain and keep on file at the
6882
facility a written assessment of the drip pad, reviewed and certified by aan
6883
independenh qualified
Professional Enginee?
- - :
?
-?
that
6884
attests to the results of the evaluation. The assessment must be reviewed, updated,
6885
and re-certified annually until all upgrades, repairs or modifications necessary to
6886
achieve compliance with all
of
the standards of Section 724.673 are complete.
6887
The evaluation must document the extent to which the drip pad meets each of the
6888
design and operating standards of Section 724.673, except the standards for liners
6889
and leak detection systems, specified in Section 724.673(b).
6890
6891
b)
The owner or operator must develop a written plan for upgrading, repairing, and
6892
modifying the drip pad to meet the requirements of Section 724.673(b) and
, effective
SUBPART W: DRIP PADS
JCAR350724-0805228r01
6893
submit the plan to the Agency no later than two years before the date that all
6894
repairs, upgrades and modifications will be complete. This written plan must
6895
describe all changes to be made to the drip pad in sufficient detail to document
6896
compliance with all the requirements of Section 724.673. The plan must be
6897
reviewed and certified by aan4ndependent qualified Professional Engineer.-,-
6898
registered professional engineer. All upgrades, repairs and modifications must be
6899
completed in accordance with the following:
6900
6901
For existing drip pads of known and documentable age, all upgrades,
6902
repairs, and modifications must have been completed by June 6, 1993, or
6903
when the drip pad has ruched 15 years of age, whichever comes later.
6904
6905
2)
For existing drip pads for which the age cannot be documented, by June 6,
6906
1999; but, if the age of the facility is gr ter than seven years, all
6907
upgrades, repairs and modifications must be completed by the time the
6908
facility r ches 15 years of age or by June 6, 1993, whichever comes later.
6909
6910
The owner or operator may petition the Board for an extension of the
6911
deadline in subsection (b)(1) or (b)(2) of this Section.
6912
6913
A)
The owner or operator must file a petition for a RCRA variance, as
6914
specified in 35 Ill. Adm. Code 104.
6915
6916
The Board will grant the petition for extension if it finds the
6917
following:
6918
6919
The drip pad meets all of the requirements of Section
6920
724.673, except those for liners and 1 ak detection systems
6921
specified in Section 724.673(b); and
6922
6923
14)
to adequately protect human health
6924
and the environment.
6925
6926
c)
Upon completion of all upgrades, repairs, and modifications, the owner or
6927
operator must submit to the Agency, the as-built drawings for the drip pad,
6928
together with a certification by aan independent, qualified Professional
6929
Enginee
- - :
• • • •
attesting that the drip pad conforms to
6930
the drawings.
6931
6932
d)
If the drip pad is found to be leaking or unfit for use, the owner or operator must
6933
comply with the provisions of Section 724.672(m) or close the drip pad in
6934
accordance with Section 724.675.
6935
JCAR350724-0805228r01
6936
(Source: Amended at 32 Ill. Reg.
, effective
)
6937
6938
Section 724.673 Design and Operating Requirements
6939
6940
a)
Drip pads must fulfill the following:
6941
6942
1)
Not be constructed of non-earthenearthen materials, wood, or asphalt,
6943
unless the asphalt is structurally supported;
6944
6945
2)
Be sloped to free-drain to the associated collection system treated wood
6946
drippage, rain, other waters, or solutions of drippage and water or other
6947
wastes;
6948
6949
3)
Have a curb or berm around the perimeter;
6950
6951
4)
In addition, the drip pad must fulfill the following:
6952
6953
A)
Have a hydraulic conductivity of less than or equal to 1 x 10-7
6954
centimeters per second (cm/sec), e.g., existing concrete drip pads
6955
must be sealed, coated, or covered with a surface material with a
6956
hydraulic conductivity of less than or equal to 1 x 10
-7
cm/sec such
6957
that the entire surface where drippage occurs or may run across is
6958
capable of containing such drippage and mixtures of drippage and
6959
precipitation, materials, or other wastes while being routed to an
6960
associated collection system. This surface material must be
6961
maintained free of cracks and gaps that could adversely affect its
6962
hydraulic conductivity, and the material must be chemically
6963
compatible with the preservatives that contact the drip pad. The
6964
requirements of this provision apply only to the existing drip pads
6965
and those drip pads for which the owner or operator elects to
6966
comply with Section 724.672(b)724.672(a) instead of Section
6967
724.672(a)724.672(b).
6968
6969
B)
The owner or operator must obtain and keep on file at the facility a
6970
written assessment of the drip pad, reviewed and certified by aan
6971
independent qualified Professional Enginee
6972
engineer that attests to the results of the evaluation. The
6973
assessment must be reviewed, updated and recertified annually.
6974
The evaluation must document the extent to which the drip pad
6975
meets the design and operating standards of this Section, except for
6976
in subsection (b) of this Section.
6977
6978
5)
Be of sufficient structural strength and thickness to prevent failure due to
- .
JCAR350724-0805228r01
6979
physical contact, climatic conditions, the stress of installation, and the
6980
stress of daily operations, e.g., variable and moving loads such as vehicle
6981
traffic, movement of wood, etc.
6982
6983
BOARD NOTE: In judging the structural integrity requirement of this
6984
subsection (c), the Agency should generally consider applicable standards
6985
established by professional organizations generally recognized by the
6986
industry, including ACI 318 (Building Code Requirements for Reinforced
6987
Concrete),_or ASTM C 94-90 (Standard Specification for Ready-Mixed
6988
Concrete), each incorporated by reference in 35 Ill. Adm. Code
6989
720.111(a).
6990
6991
b)
If an owner or operator elects to comply with Section 724.672(a)724.672(b)
6992
instead of Section 724.672(b)724.672(a), the drip pad must have the following:
6993
6994
1)
A synthetic liner installed below the drip pad that is designed, constructed,
6995
and installed to prevent leakage from the drip pad into the adjacent
6996
subsurface soil or groundwater or surface water at any time during the
6997
active life (including the closure period) of the drip pad. The liner must be
6998
constructed of materials that will prevent waste from being absorbed into
6999
the liner and to prevent releases into the adjacent subsurface soil or
7000
groundwater or surface water during the active life of the facility. The
7001
liner must fulfill the following:
7002
7003
A)
It must be constructed of materials that have appropriate chemical
7004
properties and sufficient strength and thickness to prevent failure
7005
due to pressure gradients (including static head and external
7006
hydrogeologic forces), physical contact with the waste or drip pad
7007
leakage to which they are exposed, climatic conditions, the stress
7008
of installation and the stress of daily operation (including stresses
7009
from vehicular traffic on the drip pad);
7010
7011
B)
It must be placed upon a foundation or base capable of providing
7012
support to the liner and resistance to pressure gradients above and
7013
below the liner to prevent failure of the liner due to settlement,
7014
compression or uplift; and
7015
7016
C)
It must be installed to cover all surrounding earth that could come
7017
in contact with the waste or leakage; and
7018
7019
2)
A leakage detection system immediately above the liner that is designed,
7020
constructed, maintained, and operated to detect leakage from the drip pad.
7021
The leakage detection system must fulfill the following:
JCAR350724-0805228r01
7022
7023
A)
It must be constructed of materials that are as follows:
7024
7025
i)
Chemically resistant to the waste managed in the drip pad
7026
and the leakage that might be generated; and
7027
7028
ii)
Of sufficient strength and thickness to prevent collapse
7029
under the pressures exerted by overlaying materials and by
7030
any equipment used at the drip pad; and
7031
7032
B)
It must be designed and operated to function without clogging
7033
through the scheduled closure of the drip pad; and
7034
7035
C)
It must be designed so that it will detect the failure of the drip pad
7036
or the presence of a release of hazardous waste or accumulated
7037
liquid at the earliest practicable time.
7038
7039
3)
A leaking collection system immediately above the liner that is designed,
7040
constructed, maintained, and operated to collect leakage from the drip pad
7041
such that it can be removed from below the drip pad. The date, time, and
7042
quantity of any leakage collected in this system and removed must be
7043
documented in the operating log.
7044
7045
A)
The drip pad surface must be cleaned thoroughly in a manner and
7046
frequency such that accumulated residues of hazardous waste or
7047
other materials are removed, with residues being properly managed
7048
as to allow weekly inspections of the entire drip pad surface
7049
without interference of hindrance from accumulated residues of
7050
hazardous waste or other materials on the drip pad. The owner or
7051
operator must document the date and time of each cleaning and
7052
cleaning procedure used in the facility's operating log. The owner
7053
or operator must determine if the residues are hazardous, as per 35
7054
Ill. Adm. Code 722.111, and, if so, the owner or operator must
7055
manage them under 35 Ill. Adm. Code 721 through 728, and
7056
Section 3010 of RCRA.
7057
7058
B)
The federal rules do not contain a 40 CFR 264.573(b)(3)(B). This
7059
subsection (b) is added to conform to Illinois Administrative Code
7060
rules.
7061
7062
c)
Drip pads must be maintained such that they remain free of cracks, gaps,
7063
corrosion, or other deterioration that could cause hazardous waste to be released
7064
from the drip pad.
JCAR3 50724-0805228r01
7065
7066
BOARD NOTE: See subsection (m) of this Section for remedial action required
7067
if deterioration or leakage is detected.
7068
7069
d)
The drip pad and associated collection system must be designed and operated to
7070
convey, drain, and collect liquid resulting from drippage or precipitation in order
7071
to prevent run-off.
7072
7073 e)
Unless the drip pad is protected by a structure, as described in Section 724.670(b),
7074
the owner or operator must design, construct, operate, and maintain a run-on
7075
control system capable of preventing flow onto the drip pad during peak discharge
7076
from at least a 24-hour, 25-year storm, unless the system has sufficient excess
7077
capacity to contain any run-on that might enter the system.
7078
7079
f)
Unless the drip pad is protected by a structure or cover, as described in Section
7080
724.670(b), the owner or operator must design, construct, operate, and maintain a
7081
run-off management system to collect and control at least the water volume
7082
resulting from a 24-hour, 25-year storm.
7083
7084
g)
The drip pad must be evaluated to determine that it meets the requirements of
7085
subsections (a) through (f) of this Section. The owner or operator must obtain a
7086
statement from aan independent, qualified Professional Engineerre-gistefed
7087
professional engineer certifying that the drip pad design meets the requirements of
7088 this Section.
7089
7090
h)
Drippage and accumulated precipitation must be removed from the associated
7091
collection system as necessary to prevent overflow onto the drip pad.
7092
7093
i)
The drip surface must be cleaned thoroughly at least once every seven days such
7094
that accumulated residues of hazardous waste or other materials are removed,
7095
using an appropriate and effective cleaning technique, including but not limited
7096
to, rinsing, washing with detergents or other appropriate solvents, or steam
7097
cleaning. The owner or operator must document, in the facility's operating log, the
7098
date and time of each cleaning and the cleaning procedure used.
7099
7100
j)
Drip pads must be operated and maintained in a manner to minimize tracking of
7101
hazardous waste or hazardous waste constituents off the drip pad as a result of
7102
activities by personnel or equipment.
7103
7104
k)
After being removed from the treatment vessel, treated wood from pressure and
7105
non-pressure processes must be held on the drip pad until drippage has ceased.
7106
The owner or operator must maintain records sufficient to document that all
7107
treated wood is held on the pad, in accordance with this Section, following
JCAR350724-0805228r01
7108
treatment.
7109
7110
1)
Collection and holding units associated with run-on and run-off control systems
7111
must be emptied or otherwise managed as soon as possible after storms to
7112
maintain design capacity of the system.
7113
7114
m)
Throughout the active life of the drip pad and as specified in the permit, if the
7115
owner or operator detects a condition that could lead to or has caused a release of
7116
hazardous waste, the condition must be repaired within a reasonably prompt
7117
period of time following discovery, in accordance with the following procedures:
7118
7119
1)
Upon detection of a condition that may have caused or has caused a
7120
release of hazardous waste (e.g., upon detection of leakage in the leak
7121
detection system), the owner or operator must do the following:
7122
7123
A)
Enter a record of the discovery in the facility operating log;
7124
7125
B)
Immediately remove from service the portion of the drip pad
7126
affected by the condition;
7127
7128
C)
Determine what steps must be taken to repair the drip pad, clean up
7129
any leakage from below the drip pad, and establish a schedule for
7130
accomplishing the clean up and repairs;
7131
7132
D)
Within 24 hours after discovery of the condition, notify the
7133
Agency of the condition and, within 10 working days, provide
7134
written notice to the Agency with a description of the steps that
7135
will be taken to repair the drip pad and clean up any leakage, and
7136
the schedule for accomplishing this work.
7137
7138
2)
The Agency must do the following: review the information submitted,
7139
make a determination regarding whether the pad must be removed from
7140
service completely or partially until repairs and cleanupcican up are
7141
complete, and notify the owner or operator of the determination and the
7142
underlying rationale in writing.
7143
7144
3)
Upon completing all repairs and clean up, the owner or operator must
7145
notify the Agency in writing and provide a certification, signed by an
7146
independent, qualified registered professional engineer, that the repairs
7147
and cleanupclean up have been completed according to the written plan
7148
submitted in accordance with subsection (m)(1)(D) of this Section.
7149
7150
n)
If a permit is necessary, the Agency must specify in the permit all design and
JCAR3 50724-0805228r01
7151
operating practices that are necessary to ensure that the requirements of this
7152
Section are satisfied.
7153
7154
o)
The owner or operator must maintain, as part of the facility operating log,
7155
documentation of past operating and waste handling practices. This must include
7156
identification of preservative formulations used in the past, a description of
7157
drippage management practices, and a description of treated wood storage and
7158
handling practices.
7159
7160 (Source: Amended at 32 Ill. Reg.
, effective )
7161
7162
Section 724.674 Inspections
7163
7164
a)
During construction or installation, liners and cover systems (e.g., membranes,
7165
sheets, or coatings) must be inspected for unifoimity, damage, and imperfections
7166
(e.g., holes, cracks, thin spots, or foreign materials). Immediately after
7167
construction or installation, liners must be inspected and certified by a qualified
7168
Professional Engineer as meeting the requirements set forth inef Section 724.673
7169
by an independent, qualified registered professional engineer. The certification
7170
must be maintained at the facility as part of the facility operating record. After
7171
installation liners and covers must be inspected to ensure tight seams and joints
7172
and the absence of tears, punctures, or blisters.
7173
7174
b)
While a drip pad is in operation, it must be inspected weekly and after storms to
7175
detect evidence of any of the following:
7176
7177
1)
Deterioration, malfunctions, or improper operation of run-on and run-off
7178
control systems;
7179
7180
2)
The presence of leakage in and proper functioning of leak detection
7181
system.
7182
7183
3)
Deterioration or cracking of the drip pad surface.
7184
7185
BOARD NOTE: See Section 724.672(m) for remedial action required if
7186
deterioration or leakage is detected.
7187
7188
(Source: Amended at 32 Ill. Reg.
, effective )
7189
7190 SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
7191
7192
Section 724.936 Reporting Requirements
7193
JCAR350724-0805228r01
7194
a)
A semiannual report must be submitted by owners and operators subject to the
7195
requirements of this Subpart AA to the Agency by dates specified in the RCRA
7196
permit. The report must include the following information:
7197
7198
1)
The USEPA identification number (35 Ill. Adm. Code 722.112), name,
7199
and address of the facility.
7200
7201
2)
For each month during the semiannual reporting period the following:
7202
7203
A)
Dates when the control device did the following:
7204
7205
i)
Exceeded or operated outside of the design specifications,
7206
as defined in Section 724.935(c)(4); and
7207
7208
ii)
Such exceedancesexceedences were not corrected within 24
7209
hours, or that a flare operated with visible emissions, as
7210
defined by Method 22 monitoring;
7211
7212
B)
The duration and cause of each exceedanceexceedenco or visible
7213
emissions; and
7214
7215
C)
Any corrective measures taken.
7216
7217
b)
If during the semiannual reporting period, the control device does not exceed or
7218
operate outside of the design specifications, as defined in Section 724.935(c)(4),
7219
for more than 24 hours or a flare does not operate with visible emissions, as
7220
defined in Section 724.933(d), a report to the Agency is not required.
7221
7222
(Source: Amended at 32 Ill. Reg.
, effective )
7223
7224
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
7225
7226
Section 724.961 Alternative Percentage Standard for
.
Valves
7227
7228
a)
An owner or operator subject to the requirements of Section 724.957 may elect to
7229
have all valves within a hazardous waste management unit comply with an
7230
alternative standard that allows no greater than two percent of the valves to leak.
7231
7232
b)
The following requirements must be met if an owner or operator decides to
7233
comply with the alternative standard of allowing two percent of valves to leak:
7234
7235
-14
7236
has elected to comply with the requirements of this Section.
described in Section 72 1
1.957(a) through (e) will be followed.
(Source: Amended at 32 Ill. Reg.
, effective
JCAR3 50724-0805228r01
7237
7238
12)
A performance test as specified in subsection (c) of this Section must be
7239
conducted initially upon designation, annually and other times specified in
7240
the RCRA permit.
7241
7242
22)
If a valve leak is detected it must be repaired in accordance with Section
7243
724.957(d) and (e).
7244
7245
c)
Performance tests must be conducted in the following manner:
7246
7247
1)
All valves subject to the requirements in Section 724.957 within the
7248
hazardous waste management unit must be monitored within one week by
7249
the methods specified in Section 724.963(b).
7250
7251
2)
If an instrument reading of 10,000 ppm or greater is measured, a leak is
7252
detected.
7253
7254
3)
The leak percentage must be determined by dividing the number of valves
7255
subject to the requirements in Section 724.957 for which leaks are
7256
detected by the total number of valves subject to the requirements in
7257
Section 724.957 within the hazardous waste management unit.
7258
7259
El)
If an owner or operator decides to comply
7260
7261
7262
7263
7264
7265
Section 724.962 Skip Period Alternative for Valves
7266
7267
a)
Election.
7268
7269
al-)
An owner or operator subject to the requirements of Section 724.957 may elect
7270
for all valves within a hazardous waste management unit to comply with one of
7271
the alternative work practices specified in subsections (b)(2) and (b)(3) of this
7272
Section.
7273
7274
2)
An owner or operator must notify the Agency before implementing one of
7275
the alternative work practices.
7276
7277
b)
Reduced Monitoring.
7278
7279
1)
An owner or operator must comply with the requirements for valves, as
JCAR350724-0805228r01
7280
described in Section 724.957, except as described in subsections (b)(2)
7281
and (b)(3).
7282
7283
2)
After two consecutive quarterly leak detection periods with the percentage
7284
of valves leaking equal to or less than two percent, an owner or operator
7285
may begin to skip one of the quarterly leak detection periods (i.e., the
7286
owner or operator may monitor for leaks once every six months) for the
7287
valves subject to the requirements in Section 724.957.
7288
7289
3)
After five consecutive quarterly leak detection periods with the percentage
7290
of valves leaking equal to or less than two percent, an owner or operator
7291
may begin to skip three of the quarterly leak detection periods (i.e., the
7292
owner or operator may monitor for leaks once every year) for the valves
7293
subject to the requirements in Section 724.957.
7294
7295
4)
If the percentage of valves leaking is greater than 2 percent, the owner or
7296
operator must monitor monthly in compliance with the requirements in
7297
Section 724.957, but may again elect to use this Section after meeting the
7298
requirements of Section 724.957(c)(1).
7299
7300
(Source: Amended at 32 Ill. Reg.
, effective
)
7301
7302
Section 724.965 Reporting Requirements
7303
7304
a)
A semiannual report must be submitted by owners and operators subject to the
7305
requirements of this Subpart BB to the Agency by dates specified in the RCRA
7306
permit. The report must include the following information:
7307
7308
1)
The USEPA identification number (35 Ill. Adm. Code 722.112), name,
7309
and address of the facility.
7310
7311
2)
For each month during the semiannual reporting period, the following:
7312
7313
A)
The equipment identification number of each valve for which a
7314
leak was not repaired, as required in Section 724.957(d).
7315
7316
B)
The equipment identification number of each pump for which a
7317
leak was not repaired, as required in Section 724.952(c) and
7318
(d)(6).
7319
7320
C)
The equipment identification number of each compressor for
7321
which a leak was not repaired, as required in Section 724.953(g),T
7322
JCAR350724-0805228r01
7323
3)
Dates of hazardous waste management unit shutdowns that occurred
7324
within the semiannual reporting period.
7325
7326
4)
For each month during the semiannual reporting period, dates when the
7327
control device installed as required by Sections 724.952, 724.953,
7328
724.954, or 724.955, exceeded or operated outside of the design
7329
specifications, as defined in Section 724.964(e) and as indicated by the
7330
control device monitoring required by Section 724.960 and was not
7331
corrected within 24 hours, the duration and cause of each
7332
exceedancee-x-eeeiteric-e, and any corrective measures taken.
7333
7334
b)
If, during the semiannual reporting period, leaks from valves, pumps, and
7335
compressors are repaired as required in Sections 724.957(d), 724.952(c) and
7336
(d)(6), and 724.953(g), respectively, and the control device does not exceed or
7337
operate outside of the design specifications, as defined in Section 724.964(e) for
7338
more than 24 hours, a report to the Agency is not required.
7339
7340 (Source: Amended at 32 Ill. Reg.
, effective
)
7341
7342
SUBPART DD: CONTAINMENT BUILDINGS
7343
7344
Section 724.1100 Applicability
7345
7346 The requirements of this Subpart DD apply to owners or operators who store or treat hazardous
7347 waste in units designed and operated under Section 724.1101. These provisions became
7348
effective on February 18, 1993. The owner or operator is not subject to the definition of land
7349
disposal in 35 Ill. Adm. Code 728.102 provided that the unit fulfills the following:
7350
7351
a)
It is a completely enclosed, self-supporting structure that is designed and
7352
constructed of manmade materials of sufficient strength and thickness to support
7353
themselves, the waste contents, and any personnel and heavy equipment that
7354
operate within the unit, and to prevent failure due to the following:
7355
7356
1)
pressure gradients;
7357
7358
2)
settlement, compression, or uplift;
7359
7360
3)
physical contact with the hazardous wastes to which they are exposed;
7361
7362
4)
climatic conditions; or
7363
7364
5)
the stresses of daily operation including the movement of heavy
7365
equipment within the unit and contact of such equipment within the unit
JCAR350724-0805228r01
7366
and contact of such equipment with containment walls.
7367
7368 b)
It has a primary barrier that is designed to be sufficiently durable to withstand the
7369
movement of personnel wastes, and handling equipment within the unit.
7370
7371 c)
If used to manage liquids, the unit has the following:
7372
7373
1)
A primary barrier designed and constructed of materials to prevent
7374
migration of hazardous constituents into the barrier;
7375
7376
2)
A liquid collection system designed and constructed of materials to
7377
minimize the accumulation of liquid on the primary barrier; and
7378
7379
3)
A secondary containment system designed and constructed of materials to
7380
prevent migration of hazardous constituents into the barrier, with a leak
7381
detection and liquid collection system capable of detecting, collecting, and
7382
removing leaks of hazardous constituents at the earliest practicable time,
7383
unless the unit has been granted a variance from the secondary
7384
containment system requirements under Section 724.1101(b)(4);
7385
7386
d)
It has controls sufficient to permit fugitive dust emissions to meet the no visible
7387
emission standard in Section 724.1101(c)(1)(A); and
7388
7389
e)
It is designed and operated to ensure containment and prevent the tracking of
7390
materials from the unit by personnel or equipment.
7391
7392
(Source: Amended at 32 Ill. Reg.
, effective )
7393
7394
Section 724.1101 Design and Operating Standards
7395
7396
a)
All containment buildings must comply with the following design and operating
7397
standards:
7398
7399
1)
The containment building must be completely enclosed with a floor, walls,
7400
and a roof to prevent exposure to the elements (e.g., precipitation, wind,
7401
run on) and to assure containment of managed wastes.
7402
7403
2)
The floor and containment walls of the unit, including the secondary
7404
containment system if required under subsection (b) of this Section, must
7405
be designed and constructed of materials of sufficient strength and
7406
thickness to support themselves, the waste contents, and any personnel and
7407
heavy equipment that operate within the unit, and to prevent failure due to
7408
pressure gradients, settlement, compression, or uplift, physical contact
JCAR350724-0805228r01
7409
with the hazardous wastes to which they are exposed; climatic conditions;
7410
and the stresses of daily operation, including the movement of heavy
7411
equipment within the unit and contact of such equipment with containment
7412
walls. The unit must be designed so that it has sufficient structural
7413
strength to prevent collapse or other failure. All surfaces to be in contact
7414
with hazardous wastes must be chemically compatible with those wastes.
7415
The containment building must meet the structural integrity requirements
7416
established by professional organizations generally recognized by the
7417
industry such as the American Concrete Institute (ACI) and the American
7418
Society of Testing Materials (ASTM). If appropriate to the nature of the
7419
waste management operation to take place in the unit, an exception to the
7420
structural strength requirement may be made for light-weight doors and
7421
windows that meet the following criteria:
7422
7423
A)
They provide an effective barrier against fugitive dust emissions
7424
under subsection (c)(1)(C) of this Section; and
7425
7426
B)
The unit is designed and operated in a fashion that assures that
7427
wastes will not actually come in contact with these openings.
7428
7429
3)
Incompatible hazardous wastes or treatment reagents must not be placed in
7430
the unit or its secondary containment system if they could cause the unit or
7431
secondary containment system to leak, corrode, or otherwise fail.
7432
7433
4)
A containment building must have a primary barrier designed to withstand
7434
the movement of personnel, waste, and handling equipment in the unit
7435
during the operating life of the unit and appropriate for the physical and
7436
chemical characteristics of the waste to be managed.
7437
7438
b)
For a containment building used to manage hazardous wastes containing free
7439
liquids or treated with free liquids (the presence of which is determined by the
7440
paint filter test, a visual examination, or other appropriate means), the owner or
7441
operator must include the following:
7442
7443
1)
A primary barrier designed and constructed of materials to prevent the
7444
migration of hazardous constituents into the barrier (e.g., a geomembrane
7445
covered by a concrete wear surface).
7446
7447
A liquid collection and removal system to minimize the accumulation of
7448
liquid on the primary barrier of the containment building, as follows:
7449
7450
A)
The primary barrier must be sloped to drain liquids to the
7451
associated collection system; and
JCAR350724-0805228r01
7452
7453
B)
Liquids and waste must be collected and removed to minimize
7454
hydraulic head on the containment system at the earliest
7455
practicable time.
7456
7457
3)
A secondary containment system including a secondary barrier designed
7458
and constructed to prevent migration of hazardous constituents into the
7459
barrier, and a leak detection system that is capable of detecting failure of
7460
the primary barrier and collecting accumulated hazardous wastes and
7461
liquids at the earliest practicable time.
7462
7463
A)
The requirements of the leak detection component of the secondary
7464
containment system are satisfied by installation of a system that is,
7465
at a minimum, as follows:
7466
7467
i)
It is constructed with a bottom slope of 1 percent or more;
7468
and
7469
7470
ii)
It is constructed of a granular drainage material with a
7471
hydraulic conductivity of 1 x 10-2
cm/sec or more and a
7472
thickness of 12 inches (30.5 cm) or more, or constructed of
7473
synthetic or geonet drainage materials with a transmissivity
7474
of 3 x 10
-5 m2 /sec or more.
7475
7476
B)
If treatment is to be conducted in the building, an area in which
7477
such treatment will be conducted must be designed to prevent the
7478
release of liquids, wet materials, or liquid aerosols to other portions
7479
of the building.
7480
7481
C)
The secondary containment system must be constructed of
7482
materials that are chemically resistant to the waste and liquids
7483
managed in the containment building and of sufficient strength and
7484
thickness to prevent collapse under the pressure exerted by
7485
overlaying materials and by any equipment used in the
7486
containment building. (Containment buildings can serve as
7487
secondary containment systems for tanks placed within the
7488
building under certain conditions. A containment building can
7489
serve as an external liner system for a tank, provided it meets the
7490
requirements of Section
724.193(e)(1)724.193(d)(1).
In addition,
7491
the containment building must meet the requirements of Section
7492
724.193(b) and Sections 724.193(c)(1) and (c)(2) to be an
7493
acceptable secondary containment system for a tank.)
7494
JCAR350724-0805228r01
7495
4)
For existing units other than 90-day generator units, USEPA may delay
7496
the secondary containment requirement for up to two years, based on a
7497
demonstration by the owner or operator that the unit substantially meets
7498
the standards of this Subpart DD. In making this demonstration, the
7499
owner or operator must have done the following:
7500
7501
A)
Provided written notice to USEPA of their request by November
7502
16, 1992. This notification must have described the unit and its
7503
operating practices with specific reference to the performance of
7504
existing systems, and specific plans for retrofitting the unit with
7505
secondary containment;
7506
7507
B)
Responded to any comments from USEPA on these plans within
7508
30 days; and
7509
7510
C)
Fulfilled the terms of the revised plans, if such plans are approved
7511
by USEPA.
7512
7513
c)
An owner or operator of a containment building must do the following:
7514
7515
1)
It must useUse controls and practice to ensure containment of the
7516
hazardous waste within the unit, and at a minimum:
7517
7518
A)
Maintain the primary barrier to be free of significant cracks, gaps,
7519
corrosion, or other deterioration that could cause hazardous waste
7520
to be release from the primary barrier;
7521
7522
B)
Maintain the level of the stored or treated hazardous waste within
7523
the containment walls of the unit so that the height of any
7524
containment wall is not exceeded;
7525
7526
C)
Take measures to prevent the tracking of hazardous waste out of
7527
the unit by personnel or by equipment used in handling the waste.
7528.
An area must be designated to decontaminate equipment and any
7529
rinsate must be collected and properly managed; and
7530
7531
D)
Take measures to control fugitive dust emissions such that any
7532
openings (doors, windows, vents, cracks, etc.) exhibit no visible
7533
emissions (see Method 22 (Visual Determination of Fugitive
7534
Emissions from Material Sources and Smoke Emissions from
7535
Flares) in appendix A to 40 CFR 60 (Test Methods)), incorporated
7536
by reference in 35 Ill. Adm. Code 720.111(b). In addition, all
7537
associated particulate collection devices (e.g., fabric filter,
JCAR350724-0805228r01
electrostatic precipitator, etc.) must be operated and maintained
with sound air pollution control practices (see 40 CFR 60 for
guidance). This state of no visible emissions must be maintained
effectively at all times during routine operating and maintenance
conditions, including when vehicles and personnel are entering and
exiting the unit.
BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv) (2005), USEPA
cites "40 CFR part 60, subpart 292." At 57 Fed. Reg. 37217 (Aug.
18, 1992), USEPA repeats this citation in the preamble discussion
of adoption of the rules. No such provision exists in the Code of
Federal Regulations. While scction 10 CFR 60.292 of the federal
regulations pertains to control of fugitive dust emissions, that
provision is limited in its application to glass melting furnaces.
The Board has chosen to use the general citation: "40 CFR 60."
2)
It must obtain and keep on site aOlarain certification by a qualified
Professional Enginee
- -
-
- . - - • - - -
that the
containment building design meets the requirements of subsections (a)
through (c) of this Section. For units placed into operation prior to
February 18, 1993, this certification must have been placed in the facility's
operating record (on site files for generators that arc not formally required
to have operating records) no later than 60 days after the date of initial
operation of the unit. After February 18, 1993, PE certification has been
•
?
'I
?
•
3)
Throughout the active life of the containment building, if the owner or
operator detects a condition that could lead to or has caused a release of
hazardous waste, it must repair the condition promptly, in accordance with
the following procedures. In addition, however the following is required:
A)
Upon detection of a condition that has ledcauscd to a release of
hazardous wastes (e.g., upon detection of leakage from the primary
barrier) the owner or operator must do the following:
7573
i)
Enter a record of the discovery in the facility operating
7574
record;
7575
7576
ii)
Immediately remove the portion of the containment
7577
building affected by the condition from service;
7578
7579
iii)
Determine what steps must be taken to repair the
7580
containment building, remove any leakage from the
7538
7539
7540
7541
7542
7543
7544
7545
7546
7547
7548
7549
7550
7551
7552
7553
7554
7555
7556
7557
7558
7559
7560
7561
7562
7563
7564
7565
7566
7567
7568
7569
7570
7571
7572
JCAR350724-0805228r01
7581
secondary collection system, and establish a schedule for
7582
accomplishing the cleanup and repairs; and
7583
7584
iv)
Within seven days after the discovery of the condition,
7585
notify the Agency in writing of the condition, and within 14
7586
working days, provide a written notice to the Agency with
7587
a description of the steps taken to repair the containment
7588
building, and the schedule for accomplishing the work.
7589
7590
B)
The Agency must review the information submitted, make a
7591
determination in accordance with Section 34 of the Act, regarding
7592
whether the containment building must be removed from service
7593
completely or partially until repairs and cleanup are complete, and
7594
notify the owner or operator of the determination and the
7595
underlying rationale in writing.
7596
7597
C)
Upon completing all repairs and cleanup the owner and operator
7598
must notify the Agency in writing and provide a verification,
7599
signed by a qualified, registered professional engineer, that the
7600
repairs and cleanup have been completed according to the written
7601
plan submitted in accordance with subsection (c)(3)(A)(iv) of this
7602
Section.
7603
7604
4)
It must inspectInspect and record in the facility's operating record, at least
7605
once every seven days, except for the owner or operator of a Performance
7606
Track member facility, which must inspect the record at least once each
7607
month after approval by the Agency, data gathered from monitoring
7608
equipment and leak detection equipment, as well as the containment
7609
building and the area immediately surrounding the containment building,
7610
to detect signs of releases of hazardous waste. To apply for a reduced
7611
monitoring frequency, the owner or operator of a Performance Track
7612
member facility must follow the procedures described in Section
7613
724.115(b)(5).
7614
7615
d)
For a containment buildingbuildings that contains bothcontain areas bet-with and
7616
without secondary containment, the owner or operator must do the following:
7617
7618
1)
Design and operate each area in accordance with the requirements
7619
enumerated in subsections (a) through (c) of this Section;
7620
7621
2)
Take measures to prevent the release of liquids or wet materials into areas
7622
without secondary containment; and
7623
JCAR350724-0805228r01
7624
3)
Maintain in the facility's operating log a written description of the
7625
operating procedures used to maintain the integrity of areas without
7626
secondary containment.
7627
7628 e)
Notwithstanding any other provision of this Subpart DD
1
the Agency must, in
7629
writing, allow the use of alternatives to the requirements for not require secondary
7630
containment for a permitted containment building where the Agency has
7631
determined that the facility owner or operator has adequately
7632
demonstrateddemonstrates that the only free liquids in the unit are limited
7633
amounts of dust suppression liquids required to meet occupational health and
7634
safety requirements, and where containment of managed wastes and liquids can
7635
be assured without a secondary containment system.
7636
7637
(Source: Amended at 32 Ill. Reg.
, effective
)
