ILLINOIS POLLUTION CONTROL BOARD
August 11,
1994
IN THE MATTER OF:
R94—5
UIC UPDATE, USEPA REGULATIONS
)
(Identical in Substance Rules)
(7—1—93 THROUGH 12—31—93)
Proposal for Public Comment.
PROPOSED ORDER OF THE BOARD
(by R.C.
Fleinal):
Pursuant to Sections 13(c)
of the Environmental Protection
Act
(Act), the Board is proposes amendments to the Underground
Injection Control
(UIC)
regulations.
Section 13(c) provides for quick adoption of regulations
that are “identical in substanc&’ to federal regulations adopted
pursuant to Section 1421 of the Safe Drinking Water Act
(42
U.S.C.
§ 300h),
and that Title VII of the Act and Section
5 of
the Administrative Procedure Act
(APA)
shall not apply.
Because
this rulemaking is not subject to Section
5 of the APA,
it is not
subject to first notice or to second notice review by the Joint
Committee on Administrative Rules
(JCAR).
The federal RCRA
regulations are found at 40 CFR 144,
146, and 148.
This
rulemaking updates UIC rules to correspond with major federal
amendments more fully outlined in the accompanying opinion.
This proposed order is supported by a proposed opinion
adopted on the same day.
The Board will receive public comment
on the proposal for
a period of
45 days following its publication
in the Illinois Register.
The complete text of the proposed
rules follows.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby certify that the aboye order was adopted by the
Board on the
____________
day of
~--z-~---1,
1994,
by a vote
of
t~
.
Dorothy M. G~hn,Clerk
Illinois PoLlution Control Board
2
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
a:
GENERAL
PROVISIONS
PART
700
OUTLINE OF WASTE DISPOSAL REGULATIONS
SUBPART
A:
GENERAL
Section
700.101
Applicability
(Repealed)
700.102
Other Regulations (Repealed)
700.103
Organization
(Repealed)
700.104
Intent and Purpose (RePealed)
700.105
Interim Status
(Roni.unbcrpealed)
700.106
Effective Dates
700.107
Severability
(Repealed)
700.108
References to Federal Rules
(Repealed)
700.109
Permits Prior to Authorization (Repealed)
SUBPART
B:
DEFINITIONS
Section
700.201
Definitions
(Repealed)
700.205
Act
(Repealed)
700.210
Chapter
7 Operating Requirements (Repealed)
700.215
Chapter
7 Permits (Repealed)
700.220
Chapter
9 operating Requirements
(Repealed)
700.225
Chapter
9 Permits (Repealed)
700.230
Conflict
(Repealed)
700.235
HWM (Repealed)
700.240
operating Requirements
(Repealed)
700.245
Permit Requirements
(Repealed)
700.250
RCRA Operating Requirements
(Repealed)
700.255
RCRA
Permit
(Repealed)
700.260
RCRA Rules
(Repealed)
700.265
Subject To
(Repealed)
SUBPART
C:
GENERATORS
Section
700.301
Permits
(Repealed)
700.302
Operating Requirements
(Repealed)
700.303
Manifests (Repealed)
700.304
Small Quantity Exemptions
(Repealed)
SUBPART
D:
TRANSPORTERS
Section
700.401
Permits
(Repealed)
700.402
Operating Requirements
(Repealed)
700.403
Manifests
(Repealed)
700.404
Small Quantity Exemptions (Repealed)
SUBPART E:
OWNERS
AND
OPERATORS OF
HWM SITES
Section
700.501
Permits
(Repealed)
700.502
operating Requirements
(Repealed)
700.503
Manifests
(Repealed)
700.504
Small Quantity Exemptions
(Repealed)
SUBPART F:
HAZARDOUS (INFECTIOUS
HOSPITAL WASTE
Section
3
700.601
Hazardous (Infectious) Hospital Waste
(Repealed)
700.602
General Rule
(Repealed)
700.603
Generators
(Repealed)
700.604
Transporters
(Repealed)
700.605
Owners and Operators
(Repealed)
Appendix A: Applicability Provisions
(Repealed)
AUTHORITY:
Implementing Sections
13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill.
Rev. Stat.
1981, ch.
111
1/2,
pars.
1013,
1022.4 and 1027.)
SOURCE:
Adopted in R81—22,
43 PCB 427, at
5 Ill.
Reg. 9781,
effective ee
noted
in
35
Ill.
Adin.
Coda 700.lQSMay
17.
1982 amended and codified in
R81—22,
45 PCB 317,
at
6 Ill. Reg. 4828,
effective as noted
in
35
Ill. Mm.
Code
700.lO6Mav
17. 1982
amended in R81—32,
47 PCB 93,
at
6 Ill.
Reg.
12T655.
effective ae notcd
in
35
Ill.
Adm.
Codc 700.lO6May
17, 1982
amended in
R82—18,
51 PCB 31,
at
7
Ill. Reg.
2518,
effective February 22,
1983;
amended
in R82—19,
at
7
Ill. Reg. 14457, effective October
12,
1983;
amended
in
R83—24,
at
8 Ill.
Reg.
200,
effective December
27,
1983;
amended in R94—5
at
18
Ill.
Reg.
•
effective
SUBPART A:
GENERAL
Section 700.101
Applicability
(Repealed)
This rart oats
iorth
rules
which determine
which
provisions of Parts 700-749
are ~.~~cable
to var~~peroons
~
(Source:
Repealed at
_____
Ill.
Reg.
,
effective
Section 700.102
Other Regulations
(Repealed)
a)
Unless otherwise expressly stated,
persons and facilities subject
to Parts 700 749 arc also subject to other Board rcgulations.
Applicability
is dctcrmincd on the basis
of the language
in
the
other Chapters.
b)
The following are specific examples of other Chapters which may be
applicable to facilities subject to this Ghaptcre
1)
Incinerators arc subject to Chapter
-.
2)
Onon
burning
at
wacites
craatinn a naeard
OL
~Jl
or other serious harm is oubject
to Part V
ot
3)
Facilities which discharge
waters of t~
4)
Facilities
which
discharge to sewers may be required to
obtain permits purouant
to Sub
part
B,
Part 309.
5)
Land application
of sludge
is regulated pursuant to Part
309.
1
.~—
4
Cection
3 of the Act
wacte disposal
is
Agriculture Related Pollution.
1~
~‘.
8)
Operatior
Public
~.
b-ut
wato~i
Chapter.
of public water supplies
is aubj
or
Eupplico
(prior
tooodifioati
a
(Source:
Repealed at
Ill. Reg.
_______,
effective
Section 700.103
Organization
(Repealed)
Cubtitl?
C
is
only
assignment of Part
to
40 Cm
Part
Codifi
702
122
RC~ and -UIC
its
Permits
703
-—---
122
farm
flC~
704
——~-
122
UIC
Permits
705
-
124
Procedures
for
4-
—
tui—,~,
BOB-ervop
710
Oh.
7,
Parts
Reserved
for
General
I and
II
Waste
Permits
711—719
——-—
———
Reserved
Lubchaptcr
ot
Operating
Hatardous Waste
Requirements
720
260
General
7~1
.1
T~1r-n~rifi r~ntinn
i-mu
326
728
Listing
Ccnoratori
Tranoporti
Reecrvcd
Interim -E~
for
Owni
Operators
-3
Prohibited
Hazardous Wastca
Name
or
I
1-S.
5
730
•~‘~1 ,u
‘1
At
a
—
I
Cpecial
Wat
Requirements
Operating
Ch.
9,
Part
IX
~i
operating
,-
p
Hatardouo
( intcctious;
Hospital Waste
745—749
750
799
Cencral
Wa~
Requirements
r
I
Waste
Rcqu ir~
-I
Certification
tal
Re
opr
Use
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
Section
700.104
Intent
and
Purpose
(Repealed)
a)
Prior to phase
I
authorisation the Agency a~inioteredthe flORA
(Resource Conservation and Recovery Act
P.L.
94
580,
12
UCC
6901)) program under
oontract
with
USEPA
~U.S.
Environmental
Protection
Agency).
The
affected
public
was
obliged
to
comply
That,
p
4-
1..
this during the interim
—
~—
~~per~
2)
Thpt,
prior
int-eri.~
permit
issuance,
facilities
which—i
-~ndcr
-40
CFR
Ccction
122.23
ohoul4
mit
under Ccction 21(f)
of
the
122.23.
o,
all
faciliti
6
Environmental
frote-otion
Act
(Ill.
Rev.
Stat.
1981,
Oh.
114
1/2,
par
1021(f))
(“the
Acttmt).
required by UCErA,
ion
is clearly stated.
_4
4—4
-
UCEPA adrniniotcrcd
Z
1....~1...
_.A__S
4-
4
4-1.
d)
The Board intendo the flORA operating requirements to be cumulative
with its existing requirements.
However, having expressly
identified
in Part 700 those Chapter
7 and Chapter 9 provisions
which are not inconsistent and at least as stringent
as
federal
re-quiramenta, the Board intends the flORA operating requirements to
prevail in the event of conflict.
0)
The
Board does not intend to impose duplicative paperwork
requirements.
Where
existing
Board
rules
and
RCItA
rulco
require
the filing of
forms which arc similar, the Board intends to
require only one form.
In particular, the Board
intends that only
a-aingle manifest should accompany each load of hazardous waste.
f)
The Board intends the generator to make the first determination
as
to whether a waste
is hazardous and whether
it
is subject to
exometion under either Chatter 9 or the
FLCRA
rules
flul-a ~01 of
r
or
HW)-1
(Hat
~iild
be
(Source:
Repealed at
Ill.
Reg.g.
________,
effective
Section 700.105
Interim Status
(rcnumbercd)(Repealed)
(Source:
Repealed at
Ill.
Reg.
________,
effective
Section
700.106
Effective
Dates
a)
U.S. EPA granted interim authorization
to
the Illinois RCRA
Subtitle
C Prociraxn effective May 17,
1982,
at
47
Fed.
RecT.
21043
(May 17,
1982).
U.S. EPA granted final authorization effective
a)
The
____.,__3
1__
these to be appli
4-1._
-i
—-3
~1
a
L,—
--
proteotion.
ooncorningthootatusof
unmanifoatod waste can
be tranemittcd to
ouboccrucnt handlers.
These arc intended
as optional methodo which
handling
unmanifcnted waotc may require for thcir
...4-...3_.
1k.&_
m~nifeotpdwasto without the neceosity
icr
i-nquiry
as to whctner
it
is subject to regulation under Chapter 9 or the RCFth rules.
The Board intends that Chapter 9 requirements should be deemed
eatisfied
where the waste has bccn properly handled as though
it
were
RCRA
hazardous.
7
January 31,
1986,
at
51
Fed.
Req. 3778
(January 30,
1986).
j~.
The effective date of
35
Ill. Adm.
Code
700,
720,
721, 722,
7234.
and 725 ~e~j~gMay
specified
in
the
rules
17,
are
1982.
Earlier offootivo dat-ee
inoperative
and
are
applicable
only
as federal rules.
21
The
effective date of
35
Ill.
Adm.
Code
702 and
705,
to the
extent they apply to the issuance of RCRA permits,
was Ma~i~
17,
1982;
however,
RCRA
permits were not be issued prior to
January 31,
1986.
~
The effective date of
35
Ill. Adm.
Code 703
and 724 was
October
12,
1983;
however,
RCRA
permits were not
be
issued
prior to January
31,
1986.
b)
U.S.
EPA authorized the Illinois UIC program effective March 3~
1984,
at 49 Fed.
Req.
3993.
(Feb.
1.
1984).
fl
The
effective
date
of
35
Ill.
Adm. Code 702,
704 and
705, to
the extent they apply to the issuance of UIC
(Underground
Injection Control) permits~became effective on the
—
4.1.3..,
~..,,..4-1......
eeeeee—eaee--e*--—~M~ch3,l984.
However,
UIC permits ohall not
be
issued
prior
to
the
date
on
which
UCEPA approves the UIC program for the Ctate of Illinois
pursuant to Cection 1422 of
the
CDWA
(Cafe Drinking Water
Act)
and 40 CFR 123.
The effective date of 35
Ill.
Adm. Code 730 bccamc effective
on the effective date of this Ccptionwas March
3,
1984.—
However, UIC
permits
shall not
be
issued prior to the date
upon which USEPA approves the UIC program for the State of
Illinois pursuant to Coction 1422 of the CDWA and
40 CFR
123.
(Source:
Amended at
Ill.
Reg.
________,
effective
Section 700.107
Severability
(Repealed)
I~
the
event any
portion of Part 700 is declared invalid
by
a final order,
Re
longer subject to appeal, of any court of competent jurisdiction,
then the
entirety of Part
700,
except for Section 700.105,
shall
be
inapplicable
unti-l
the
Beard asto to revalidate
it.
During the
peried
ef inapplicability
pereem-s
subject to Chapter
7,
9 or Part 702 through 730 shall
o-ompiy fully with
ea-e-h
ae they are made applicable under their own terms,
including use of separste
Chapter 9 and
flORA manifesto; provided,
however, that persons shall comp-ly
only with those provisions of Chapter
7 or
9 which are not
inoenoistent with
a~d
at
least as stringent
as Parts 702
thrciucih
7~0.
e
2.)
d)
35
Ill.
Adm. Code 702 and
705, to
the
extent
they
apply
to
the
issuance of
flORA permits,
became effective on the effective date
of
this Section.
However,
flORA
permits shall not be issued prior
to the date
upon
whioh
USEPA
grants final -authorisation
for any
component of
the
Phase
II RCRA program.
e)
36
Ill. Adm. Code 703 and
724
became
effective October
12,
1983;
howevor,
RCRA
permits
shall
not be issued prior to the date on
which
USEPA
grants
final
authorisation
to
the
Agency
to
issue
permits for that class of facility or unit.
8
(Source:
Repealed at
_____
Ill. Reg.
________,
effective
Section 700.108
References to Federal Rules
(Repealed)
________________________________________________
4-
._t.~
~..1.
4-t...
ttercrcnces to znc pose
or
reaeraj.
itegui.atio
hT~t.
1~1~4
tin.
111
1
.
~r~n1-~i~n
nnci
otnc
(Source:
Repealed
at
_____
Ill.
Reg.
_________,
effective
______
Section
700.210
Chapter
7
Operating
Requirements
(Repealed)
Part
III of Chapter
7.
(Source:
Repealed
at
.nr~ nr~rc~
--.
aoopt~rln
r~r
ir~rtt~
~iater~aiorercrr-ed
~u
but not reproduced
in this Chapter
~rc~
~r1
amendment by the Board of the oecti~..
~..
..........
rotoronoc occurs.
(Source:
Repealed at
Ill.
Reg.
effective
Section 700.109
Permits Prior to Authorization (Repealed~
Pcroono who have federal interim status pursuant to 40
CFI1 122.23 shall be
deemed in compliance with the permit requirement of Coction 2l(f)(1)
of
b-he
Act from the effoctivc date of P.A.
82—380 until May 17,
1982.
(Source:
Repealed at
Ill.
Reg.
effective
SUBPART B:
DEFINITIONS
Section 700.201
Definitions
(Repealed)
The
terms
used in Part 700 have the
came
meaning as those used in the Act and
other Board regulations,
including Chapter 7~ Colid Waste Disposal, Chapter
9i
Cpccial Waste Transportation,
and Parts 702 through 730.
Because Part 700
contains rules which reconcile these regulations
it
is necessary to use terms
as they ~arcused
in the other rules.
The source of the definition ohould be
clear fr-cm
the
context.
This Subpart contains definitions applicable only to
Part
700.
(Source:
Repealed at
Ill. Reg.
effective
Section 700.205
Act (Repealed)
In Part 700 “Act” means the
Illinois Environmental Protection Act
(Ill.
Rev.
-r
-I
Ill. Reg.
_________,
effective
9
Section 700.215
Chapter
7
Permits
(Repealed)
Permits required pursuant to Part
II
of Chapter
7.
(Source:
Repealed at
_____
Ill. Reg.
________,
effective
______
Section 700.220
Chapter
9 Operating Requirements
(Repealed)
Parts III through VIII of Chapter
9,
excluding various provisions which
-are
permit rules,
such as Rule 601(A).
~pcc~.aiwaste
n~ii
~-
(Source:
Repealed at
_____
Ill.
Reg.
________
Section
700.230
Conflict
(Repealed)
-‘
Thrt
700
-~
~f’~—~--
Chaptc~ -9.
~
~f
mutu_-l’
-~*e4
~1efin~#~
~ere
~
~
fl.D
UUGU
Lfl
2
.L...~.
...LlI(~
r
~-
~-l
~F
ar
~-
~et
(Source:
Repealed at
_____
Ill. Reg.
________
Section 700.225
Chapter 9 Permits
(Repealed)
~~ing
permi’
equir
-pee
effective
•
,nmnr
to Part
II of unaptor
~-
effective
hUE”
meanu
an
unregolved
inconsistency.
botwnnn
unaprcr
‘
c~r
i~arrn
.~u
tnrougn
;~,
wnion appears to require
thc~
pcrformanc~
r
usive acts by persons affected by the rules.
Inconsistent
~t thcmsclvcc conflicts, although they may give
rice to
~un
‘u.ivc
regulations.
In Part 700 the Board has
rocolvod a,~known i.noonsiotcneioo,
but has provided general rules
ror tne
resolution of conflicts which may arise
in application.
(Source:
Repealed at
Ill.
Reg.
effective
Section
700.235
HWM (Repealed)
I*fl1 moans
hanardous waste management site.
(Source:
Repealed at
Ill.
Reg.
effective
Section 700.240
Operating Requirements
(Repealed)
Regulations which apply directly to the affected public other than
requirements to obtain a permit and other than requirements concerning
application fer,
modification of, eenditiens to be included
in and ieeupne5 ei
permit.
(Source:
Repealed at
Ill. Reg.
_________
,
effective
10
Section 700.245
Permit Requirements (Repealed)
Re~u1ationpwhich
require pe~ito
together with related regulations eon-ccrnifl~
application, modification,
conditions and issuance of permits.
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
Section 700.250
RCRA Operating Requirements (Repealed)
Parts
702,
721, 722,
723,
724 and 725.
(Source:
Repealed at
_____
Ill. Reg.
_________
Section 700.255
RCRA
Permit
(Repealed)
effective
ruznu.~orequiruu unoor ~-cction
~i~r;
or ~no
i~at
which
may be
doomed issued
under Cection 700.105.
(Source:
Repealed at
Ill. Reg.
effective
Section 700.260
RCRA
Rules (Repealed)
The
term “flORA rules” means
Board
rules which are intended to be identical
in
substance to thooe UCEPA rules adopted pursuant to the Resource Conservation
and Recovery Act
(42 USC 6901 ot.
seq.).
Thip includes Parts 720,
721,
722,
723 and 725.
(Source:
Repealed at
Ill.
Reg.
effective
Section
700.265
Subject
To
(Repealed)
In this
Part the term “subject to” a
set of rules means
s person would have to
comply with that sot of rules if
it wore road apart from other rules.
For
example,
“subject
to
flORA
rulep” means that
the person should have to comply
with corresponding UCEPA rules under a U&E1Th administered program
in the
absence
of Board regulations.
Appendix
I contains a table
listing important
provisions which determine the applicability of various rules.
(Source:
Repealed at
Ill. Reg.
________,
effective
SUBPART
C:
GENERATORS
Section
700.301
Permits
(Repealed)
11
Neither Chapt
‘-I
o must
obtai
r.r,’,.
4
•4...,.,.4_
3
4
——4,
1
£........
~
o~bjectto
RCRA rul
oaf Part
722,
Bubp
r offer for
n~rvtc~r
‘j
flflC~
n
I
(IL!
r
mr~nrn
(~rrnr,1-~rIn
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
______
Section 700.304
Small Quantity Exemptions
(Repealed)
a-)-
-G~~_~
~gf’~
(kilograms
pe_
•._.~••,
•~-_~
-(Ru1...
2-10).
s-)-
The
RCRA
~
have
1000
kg/i
coupled with
kg/mo.
c,
p
in
fo.
ic’utc
h
‘S
quantity
i
eb-~n—~..
105
~ gcncra-.~—~
~mp
Chap’
ee~
C)
-~
mo.
Cr
~-
~-
-~-
E-
ri~r
~
‘no.
enemptLon
~-r~ronu,~
r~ric
~nd
oLnor
£3m~jj.
~in
Chapter
9
if
it generates less than
-1~~
tmni
i~tr~
including special
wat~to
iJr~-~~-~
crator
~-
en
c~rc
(Source:
Repealed at
_____
Section 700.302
Operating
e-~-
-Get’r
a
whi
eeffi~l
..ly ‘~i
-Geft*
ro which
eeffi~4-,4
ftl~~
Cenera ~eri
with b~
prevail.
d)
Ac
tin
Hc:ur~
&~e
LI)
C)
F
.—~
w
it
n
r~rptjng
requirements
Ill. Reg.
_________,
effective
______
Requirements
(Repealed)
oubjc..
~ubje...
-
-
9
but not
flORA
Chapter 9
oper
~4frtc~-
uirci
#-~-~—beth--?”~
~
nd Ch
9 oha’1
—
s_t._,
— C
—
—
— £1
I
4_
flr~n~
_.
I
~n
HUIIA
ruir~n
~
nn’~
t~napi~r
‘.i
shall
~-
subject
-Ohaeter
~t
-~
‘nCntu.
~d in this Section,
relating
to
manife
apter
~.
...
oompi.y
ohall
(Source:
Repealed at
_____
Ill,
Reg.
_________,
effective
______
Section
700.303
Manifests
(Repealed)
a)
iiar
add
it
i
2~2.
-
~-ffi~
4_,
4-1,,...,
.,—.4_ I
cauircmcnrn
or
~unn~irt
i~ of
i’art
._opy
(!
.1.1
IA
1...-
t~rovluc
.4
.
.
— A
th
ey-
All
f’r’n
fl....a,.
12
1...
1.....
flORA rules
(Rule 210)
d)
A generator is exempt
from the RCRA rules
if
it generates less
than 1000
kg/mo.
of
flORA hacardouo w~ote,including hasardous
waste which is also special waste under Chapter 9, provided
however
that the generator may be subject to the
flORA
rules wib4~
smaller quantitios as sot out in Section 721.105.
C)
The generator must make the first determination as to whether—a
waste
is subject to Chapter 9 or flORA rules and whether
it
is
exempt.
(Rule 501 of Chapter 9 and Section 722.111).
f)
The following table oummarises the small quantity cxemptionst
Quantity
~RCRA
Hacardouc Waste
Special
For Month
Regular
Acute
Waste
1000 kg or more
Applicable
Applicable
Applicable
lOG to
1000
kg
Exempt
Applicable
Applicable
1 to 100 kg
Exempt
Applicable
Exempt
Less
than
1
kg
Exempt
Exempt
Exempt
4~..
nt,n~
_..
1
..1.!
...1.
I...
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
SUBPART
D:
TRANSPORTERS
Section
700.401
Permits
(Repealed)
Transporters subject to Part 723 must obtain identification
numbers from UCEPA
(Section 723.112).
Transporters subject to
Chapter
9
must
obtain
Agency
identification
numbers
from
the
Illinois Environmental Protection Agency.
Ill need a’”-
to Part 72~.
(Source:
Repealed at
Ill. Reg.
________,
effective
Section 700.402
Operating
Requirements
(Repealed)
totho
oporatin~roq~
~1O
b)
Rule 201 of Chapter 9 requires permits of transporters of special
waste.
Transporters who are subject to Part 723 must comply with
this permit requirement
if they arc subject to Rule 201.
a)
Transporters who are exempt from Rule 201 of Chapter 9 under Rule
obtain tr-ansportor permits oven
if they
--
-
r~
13
subject
to
Chap
at
comply
only
a
transporter h
0)
Tranoportera oubjoot both to flORA rules and Chapter 9 operating
requirements shall comply with both sets of rules.
In the evont
of
a conflict,
I1CRA
rules shall prevail.
d)
Transporters which have a Chapter 9 permit
shall placard and
display their Chapter
9 number
in accordance with Chapter ~9
regardless of whether
a load is subject to Chapter 9 or flORA
rules.
0)
As used
in this Section,
operating requirements do not include
r’ulco
r~1atinato manifests.
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
Section 700.403
Manifests (Repealed)
a)
Rules for handling of manifests by transporters arc substantially
identical
in
RCRA
rules and Chapter
9.
in accnrdane-~with
flCTIA
b)
Trannnsrtnrs who
at!c!opt manifastod waste
ir~r’ir,nn
ctr~nhI
nr~
dcemcci to nave compiieu witn tnc cnapter ~
---
shall not
_Z
C__S.._,S
.___
It
(Source:
Repealed
at
Ill.
Reg.
effective
Section
700.404
Small Quantity Exemptions
(Repealed)
....L
.t_~1
—
“-cctly applioa)’-
the
RCRA
ruler
fI
_~__14-...
_...~4
identification numbers oven
if they only transport loads which do
not require manifests because of small quantity exemptions.
However,
this does not apply
to
an exempt generator who transports
his own waste.
US~PAidentification numbers are not
required
of
only exempt waste.
transporters who haul
Commonti
Transporters ohould obtain
a certification from
the
generator that
a load
is subject to -exemption under Chapter
0 and
nriim
ruleri
ririer
tn
ascepting unrnanifeotnd
~,zaste
ISootion
725.176).
(Source:
Repealed
at
Ill.
Reg.
which
is
not
h-a
only with Ohapt
~h
Chapte
ing only
——---c—a
effective
14
SUBPART
E:
OWNERS
AND
OPERATORS
OF
HWM SITES
Section 700.501
Permits
(Repealed)
Section
of
the Environmental
Protect-io~
Code 703 require
flORA permits
for owners
----~
facilities.
36
Ill. Adm.
Code 703
oontai
which provide that flORA permits arc dccmc
facilities.
After final
author;
facility for
must
—‘“--
octain
permits
pursuant to ~oction
.~.LU
Environmental Protection Act and 35
Ill.
or
tne
Adm. Code 807.201
and 807.202
if they are subject to those rules.
Examples of
facilities subject to the RCRA rules but not Chapter
7
include sites conducting open burning of explosive waste or
1~ndapplication
of
sludrir~.
--
a
Owners
and
C
I
..I_4-
I
CI
subject to the RCRA rules must obtain
from UCEPA (Section 725.111).
(Source:
Repealed
at
_____
Ill. Reg.
_________
effective
Section 700.502
Operating Requirements
(Repealed)
a~
Owners
and operators who arc subject to
RCRA operating
requirements
(Part
725)
but
not
Part
III
of
Chapter
7
shall
comply
with Part
725.
For example,
cites conducting
open
burning of
explosive waste arc not subject to Chapter
7
operating
b)
Owners and operators who are subject to the operating requirements
of
Chapter
7,
Part
III,
but
not
Part
725,
s-hall
comply
only
with
Chapter
7,
Part
III.
For example,
landfills need comply only with
Chapter
7
if they accept only garbage and opocial waste
(as
defined
in Chapter
9) which
is
net hasardous
(as defined
in-t-he
flORA rules).
0)
Owners and operators subject both to the operating requirements of
Fart 726
and Part III of Chapter
7 must comply with both.
However,
in the event of
conflict,
Part
725 controls.
4)
Subpart A oontaino rules on application of other Board chapters.-
¶
.~.C
T.ltThI
1
TtCILA
p-’---14-
-to
Ccct
i....
permit
pursuant
Environmental Protection
,ii.IJL~
~LI1U
.~5
i~J.
iI.UIfl.
1.~UUU
~.
and 807.202 only for treatment,
storage and diaposal units
which
accept
non-harardoup
waotc
and
which
are
otherwise
-has boon issued
21(d)
of the
a
—
A
—
fl
1
‘,
flFII
nfl__
w___
(Source:
Repealed at
_____
Ill.
Reg.
15
_________
effective
Section 700.503
Manifests (Repealed)
a)
The HW~1owner or operator must
I
Agency
in
addition
to
the
aotioi
CFR
Part
265
lEcction
725.171~.
-3-
ward
a
manifesto to
the
_A
~
~
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
Section
700.504
Small Quantity Exemptions
(Repealed)
Small quantity
exemptions
are
not
generally
directly
applicable
to
owners
and
eperators.
Chapter
7 prohibits landfilling of hazardous waste
in any quantity
without
a
proper
permit
(Rule
310).
Commente
The owner or operator should complete an unmanifeoted waste report
for waste which
is received without
a manifest regardleos of whether exemption
is claimed under Chapter
9 or the
flORA
rules.
The owner or operator should
request a certification pursuant to Section 725.176 for waste which is claimed
to be cxcmot under Chartcr
9.
(Source:
Repealed at
_____
Ill.
Reg.
________,
effective
______
SUBPART
F:
HAZARDOUS
(INFECTIOUS)
HOSPITAL
WASTE
Section 700.601
Hazardous
(Infectious) Hospital Waste
(Repealed)
to
the
RCRA
l~
I
-ability
guage found there
the
owner or operator
flood comply only with the Chapter 9rnanifoot
ruleo.
For waote which is subject to
both
the Chapter 9 and
RCRA
rules,
the owner or operator shall comply with the manifest
requirements of
Fart
725,
Subpart E.
This is deemed compliance
with the requirements of Rule 302 of Chapter
9.
Oomment~
It is recommended
that the owner or operator comply with
Section 725.176, unmanifested waste report,
regardless of whether
the waste
is unmanifeoted because
it
is claimed to be exempt under
the
flORA
rules of Chapter
9.
The owner or operator ohould request
a certification from the generator or transporter before accepting
unmanifcetod waote claimed to be exempt under the
100 kg exemption
of Rule 210.
a)
“Hasardeus
(infeetieus)
the Act and Rule 901 of
hospital waste”
Chapter
9.
The
io
defined
definition
in
of
Seetion
3 e-~
“ha~ardeus”
found
in Part 720
is net intended to ~e read with this definitjen~
“Hasardous
(infeotious)
hospital
“hasardous” waoto
~
waste”
is not necessarily a
flORA
“hasardoup”.
ned by the
1
tftO
meaning
of
Chapter
~.
However,
it may be
~lco
I’..
(Source:
Repealed at
_____
16
Ill. Reg.
________,
effective
Section 700.602
General Rule (Repealed)
A person who is subject to Part IX
c-f Chapter
9 but not the RCRA rules
oha~-i-
oomply
with Part
IX of Chapter
9 but not the
flORA
rules.
A person who is
subject to both Fart
IX of Chapter 9 -and the flORA rules ahall aemply with
both.
However,
in the event of conflict, the flORA rules control, except that
hasardous
(infectious)
hoopital waste cannot be landfilled.
(Source:
Repealed at
Ill. Reg.
effective
Section 700.603
Generators
(Repealed)
A person who generates hasardouc (infectious)
hospital waste which
is also
halardouo under the flORA rules must comply with the applicable requirements,
including:
a)
USEPA identification numbers
(Sostion 722.112)
b-)
Manifest requirements
(Section 722.120)
(Source:
Repealed at
Ill. Reg.
effective
Section 700.604
Transporters (Repealed)
A person who transports hacardous
(infectious) hospital waste must have a
Chapter
9 transporter
permit
(Rule
201 of Chapter 9).
If
it
is also flORA
haLardoua,
a UCEPA identification number
is required
(Section 723.111).
Transportation may require
a manifest (Section 723.120 or Rule 501 of Chapter
(Source:
Repealed
at
Ill.
Reg.
_________,
effective
Section 700.605
Owners
and Operators
(Repealed)
a-)-
mo
tip
n
is
subject
to
an
incinerator
porm~
E-oquiroment
Section
700.
(Rule
102’.
103 of Chapter
2
and Rule 904 of Chapter
9-,-
us)
hocpit-a-~
uaotc
which
i; plea
RCRA
ha;ardous
i-c an
LiWI~
owner
or operator who
is subject to Part
725.
This
is true even if the treatment
-i-s
ineffestive against the
flORA
hasardous component-.
For example,
an
owner or operator who oterilises
infectious waste which
is
flORA
hasardous only because of a
toxic component
unaltered by
oteriliration
is treating ha~ardouewaste
(Section 720.110 a~4
Section 725.1Ol~.
I
I
.~..4-
I
17
waste may become
a hagardous,
or special waste generator
if he
initiates a shipment of innocuous waste which
is hasar~ousunder
the flORA rules,
or
special under Chapter
9
(Section
3 of the Act,
Rule 301
of Chapter
9 and Section 722.101(f)).
For
example,
an
infectious ~iaatcwhich has been sterilicad but which also contains
--•-~-——
e-j
Hat
cup
aeto which i
not
ha
Chapter
ouc)
hospital waot
21(h)
of the Act)
may be landuilled only in
Lt
(Rule
904
of
Chapter
9)-.
..._.4-
1..
_~
I
~
1
The following table lists rul
APPLICABILITY
PROVISIONS
,~,,n,.
Ts•.
I
n~_..1.
~
I
‘II
nt_n
~
ct seq.
Fart
720,)
D~—14-1
Appendix
A)
Part 721,)
Subpart A)
of
RCRA
Hasare
and Small Quantity
(Infeati~
Hospital
Waste
(Chapter
9)
fl.~I
—
Definition
Rule 104
Section
3
of
the
Act
Rules 201,
202
and
302
fin it
i
Management
Definition of
I
a-
~
I
—
----C---
Part 723.110
Part 724.101
and Part
725.101
Rule 103
Rule
201
Definition
of
Special
Waste
4*.
•1
18
Rule 310
Cpccial
(Source:
Repealed at
_____
Ill.
Reg.
_________,
effective
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE
DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PART 702
RCRA
AND
UIC
PERMIT
PROGRAMS
SUBPART A:
GENERAL PROVISIONS
Section
702.101
Purpose, Scope,
and Applicability
702.102
Purpose and Scope
(Repealed)
702.103
Confidentiality
of
Information
Submitted
to
the
Board
and
Agency
702. 104
References
702
.
105
Rulemaking
702.106
Adoption of Agency Criteria
702.107
Permit Appeals and Review of Agency Determinations
702.108
Variances and Adjusted Standards
702.109
Enforcement Actions
702.110
Definitions
SUBPART B:
PERMIT APPLICATIONS
Section
702.120
Permit
Application
702.121
Who Applies
702
.
122
Completeness
702.123
Information Requirements
702. 124
Recordkeeping
702.125
Continuation of Expiring Permits
702.126
Signatories
to Permit Applications and Reports
SUBPART
C:
PERMIT
CONDITIONS
Section
702.140
Conditions
Applicable
to
all
Permits
702.141
Duty to Comply
702.142
Duty to Reapply
702.143
Need to Halt or Reduce Activity
Not
a
Defense
702.144
Duty to Mitigate
702.145
Proper
Operation and
Maintenance
702.146
Permit Actions
702.147
Property Rights
702.148
Duty to Provide Information
702.149
Inspection and Entry
702.150
Monitoring and Records
702.151
Signater~~
Requirements
702.152
Reporting Requirements
702.160
Establishing Permit Conditions
702.161
Duration
of
Permits
702.162
Schedules of Compliance
702.163
Alternative
Schedules
of
Compliance
702.164
Recording
and
Reporting
19
SUBPART
D:
ISSUED PERMITS
Section
702.181
Effect
of
a
Permit
702.182
Transfer
702.183
Modification
702.184
Causes
for
Modification
702.185
Facility Siting
702. 186
Revocation
702.187
Minor Modifications
AUTHORITY:
Implementing
Section
13
and
22.4
and
authorized by Section 27
of
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1991,
oh.
1l1~,
parc.
1013,
1022.4
and
1O27~ (415
ILCS
5/13,
22.4
and
27I.
SOURCE:
Adopted in R81—32,
47 PCB 93,
at
6
Ill.
Reg.
12479, effective
a-s
noted
in
3S
Ill.
Adm. Coda
700.lO6May 17, 1982
amended in R82—19,
at 53 PCB
131,
7 Ill.
Reg.
14352,
as noted
in 35
Ill.
Adm.
Code 700.lO6May
17, 1982
amended in R84—9
at
9 Ill. Reg.
11926, effective July 24,
1985; amended
in
R85—23
at
10
Ill.
Reg.
13274, effective July 29,
1986;
amended in R86—.
at
10
Ill.
Req.
14083, effective August
12,
1986;
amended
in R86—28 at
11
Ill.
Reg.
6131,
effective March 24,
1987; amended
in R87—5 at
11
Ill.
Reg.
19376,
effective November
12,
1987; amended
in R87—26 at 12
Ill. Reg.
2579, effective
January 15,
1988;
amended
in R87—29
at
12
Ill. Reg.
6673,
effective March 28,
1988;
amended
in R87—39
at
12 13083, effective July 29,
1988;
amended in R89—l
at
13
Ill.
Reg.
18452, effective November
13,
1989;
amended
in R89—2
at
14
Ill.
Reg.
3089, effective February 20,
1990;
amended
in R89-9 at
14
Ill. Reg.
6273, effective April
16,
1990; amended
in R92—10 at
17
Ill. Reg.
5769,
effective March
26,
1993;
amended in R93—16
at
18
Ill.
Reg.
6918, effective
April 26,
1994;
amended
in R94—5 at
18
Ill.
Req.
,
effective
SUBPART A:
GENERAL PROVISIONS
Section
702.101
Pi~r~ose,
Scope,
and
Applicability
a)
Coverage
1)
These
permit
regulations
include
provisions
for
two
permit
programs:
A)
The
RCRA
(Resource Conservation and Recovery Act)
permit program under Title
V and Title X of the
Environmental Protection
Act.
B)
The UIC
(Underground Injection Control)
permit program
under Title III and Title X of the Environmental
Protection
Act.
2)
These regulations cover basic permitting requirements
(35
Ill.
Adm. Code
702, 7O3~and
704)
and procedures for
processing
of
permit
applications
(35
Ill.
Adm.
Code
705)
for
the
RCRA
and
UIC
permit
programs.
3)
35
Ill.
Adm.
Code 702,
703,
704~ and
705
are
derived
from
40
CFR
122
and
124144
and
270.
b)
Structure
1)
These
regulations
comprise
four
Parts:
A)
35
Ill. Adm.
Code 702 contains definitions applicable
20
to
35
Ill.
Adm. Code 702,
703,
7O4~ and
705.
It
also
contains basic permitting requirements for the RCRA
and UIC programs.
B)
35
Ill. Adm. Code 703 contains requirements specific
to flORA permits.
In case of inconsistency between 35
Ill.
Adm.
Code 702 and
703,
35
Ill.
Adm.
Code
703
will
control.
C)
35
Ill.
Adxn.
Code 704 contains requirements specific
to UIC permits.
In case of inconsistency between 35
Ill.
Adm.
Code 702 and
704,
35
Ill.
Adin.
Code 704 will
control.
D)
35 Ill. Adm. Code 705 establishes procedures for
issuance
by
the
Agency
of
RCRA
and
UIC
permits.
2)
35
Ill.
Adm.
Code
702,
703~ and
704
are
organized
into
subparts.
The
structure
and coverage of these Parts
is
indicated
in the following table:
RCRA
AND
UIC
RCRA
UIC
35
Ill.
Adin.
35
Ill.
Adm.
35
Ill.
Adm.
CODE
702,
CODE
703,
CODE
704
SUBPART
SUBPART
SUBPART
General
A
A
A
Prohibitions
B
B
Authorization
byRule
C
C
Application
B
D and E
D
Conditions
C
F
E
Issued
Permits
D
Hazardous
Waste
Wells
F
C)
Relation to Other Requirements
1)
Permit
Application
Forms.
Applicants
for
RCRA
or
UIC
permits
and
persons
seeking
interim
status
under
RCRA
must
submit
their
applications
on
Agency
permit
application
forms
when available.
2)
Technical Regulations.
The two permit programs whichthat
are
covered
in
these
permit
regulations
each
have
separate
additional
regulations
that
contain
technical
requirements
for those programs.
These
separate
regulations
are
used
by
the Agency to determine what requirements must be placed
in
permits
if they are issued.
These separate regulations are
located as
follows:
RCRA
35
Iii. Adm.
Code
720
through
72~6,
728,
and
739
UIC
35
Ill.
Adm.
Code 730 and
738
*BoardOARD
Net.eOTE:
Ccc
40
CFR
122.lDerived
in
siqnifjca~~
part.
from
40
CFR
144.1
(1993)
and
270.1
(1992.-~-
(Source:
Amended at
18 Ill.
Reg.
,
effective
_____________________
Section 702.102
Purpose and Scope
(Repealed)
21
a)
Part 702 con
requirements
tame definitions
(Sec.
702.110) and basic permitting
(Subparts
B,
C and D).
Definitions are given for the
flORA and Ulo programs.
The permitting requirements apply to the
programs.
RCRA and UIC
b)
35
Ill.
Adm.
Code 703 and 704 contain additional requirements for
~CRA
and
UlO
permittina.
reor~oativel;.
(Board Notes
Ccc 40 OFR 122.2.)
(Source:
Repealed at 18 Ill.
Reg.
effective
____________________
Section 702.103
Confidentiality of Information Submitted to the Agency or
Board
a)
In accordance with Section
7 of the Environmental Protection
Act.,.
and as required by 40 CFR
2,
certain information submitted to the
Agency
or
Board
pursuant
to
these
regulations
may
be
claimed
as
confidential
by
the
submitter.
Any such claim must be asserted at
the time of submission in the manner prescribed on the application
form or instructions or,
in case of other subrnissiono, by stamping
the words
“confidential business information” on each page
containing ouch information by 35
Ill.
Adm.
Code lOl.Subpart D and
~
If no claim
is made at the time of submission, the Agency or
Board may make the information available to the public without
further notice.
If a claim
is asserted, the information will be
treated
in
accordance
with
35
Ill.
Adm.
Code 120 and Board and
Agency procedures.
(35
Ill.
Adm.
Codo 101.107 and 120)
b)
Claims
of confidentiality for the following information will be
denied:
1)
The name and address of any permit applicant or permittee;
2)
The identity of substances being placed or to be placed in
landfills or hazardous waste treatment,
storage,. or disposal
facilities.
3)
For
UIC
permits,
information
whichthat
deals
with
the
existence,
absence,. or level of contaminants
in drinking
water.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 122.19144.5
(1993)
and 270.12
(1992
).+
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
Section
702.104
References
See
35
Ill.
Adm.
Code
720.111
includes
all
sources
incorporated
by
reference
for the Illinois
RCRA
and UIC programs.
BOARD
NOTE:
Derived fromThis Section corresponds
with
40
CFR
270.6
(1988)-.
(Source:
Amended at 18
Ill.
Reg.
________,
effective
_____________________
Section 702.105
Rulemaking
a)
Identical—in—Substance
Regulations.
11
Twice each year, the Board reserves rulemaking
dockets
pursuant to Sections 13(c)
and 22.4(a)
of the Act, aenera~iy
22
to include all
federal RCRA or UIC amendments that occurz~~
in either of the prior concluded periods of January
3.
through June 30 or July
.
through December 31 of each
calendar year.
The Board reviews the federal actions that
occurred
in the period of
interest and includes those that
require Board action in the docket.
The Board initiates
proposed amendments to the RCRA or UIC program
if any are
made necessary,
so no rulemaking proposal
is necessary for
the included amendments.
21
AFor any other identical-in—substance rulemaking actions,
~ny person may petition the Board to adopt.7. pursuant to
Sections 13(c)
and 22.4(a) of the Environmental Protection
Act,
as state regulations,
rules whichthat are identical
in
substance with newly adopted~Qfederal amendments or
regulations applioablopertinent to the Illinois
RCRA
or
UIC
program or permit issuance.
The petition shall take the
form of a proposal
for rulemaking pursuant to
35 Ill. Adm.
Code
102.
The proposal shall
include a listing of all
amendments,
since the last
amendment
of or oroøooal to amend
35
Ill. Mm.
Code 702 through
705,
to tne portions
ci
-~u t.rz-t
122 and
124 which relate to RCRA and UIC permits of interest
to the petitioner.
b)
Other Regulations.
With respect to the Illinois RCRA e~4~UIC
program or permite issuance, any person may petition the Board to
adopt amendments or additional regulations whichthat are not
identical in substance with~ federal regulations.
Such proposal
shall conform to
35
Ill.
Adm.
Code
102,
and Title VII and Sections
13(d),
22.4(b) and 22.4(c) of the Environmental Protection Act.
(Source:
Amended at 18
Ill.
Reg.
________,
effective
_____________________
Section 702.106
Adoption of Agency Criteria
a)
The purpose of this section
is to allowauthorize the Agency to
publish criteria whichthat will give guidance to the public as to
what
it will approve
in RCRA and UIC permit applications and
as to
what conditions
it will impose
in permit
issuance.
The statutory
authority for the Agency adopting such criteria
is
the
Agency’s
authority to issue permits pursuant to Sections 4 and 39 of the
Environmental Protection Act,
and the requirement of the
Administrative Procedure Act
(Ill. Rev.
Stat.
1981,
oh.
127, par.
1001)15 ILCS
1001
that agencies codify policies or interpretations
of general applicability that affect4mg persons outside the agency
ares
rules.
b)
With
respect
to
review
of
permit
applications
and
establishment
of
permit
conditions.,
the Agency shall adopt as
criteria any policies
and interpretations of general applicability affecting persons
outside the Agency.
c)
Any criteria whichthat are adopted shall include:
1)
Clear references to
related
provisions
of
the
appropriate
Act and Board regulations;
2)
A statement that the criteria are not Board regulations;
3)
A statement that the criteria apply only to review of permit
applications and establishment of conditions;
and
23
4)
Procedures
to
be
followed
if
an
applicant
wishes
to
deviate
from
Agency
criteria.
d)
For purposes of permit
issuance, proof of
compliance with criteria
is prima facie proof of compliance with related provisions of the
appropriate Act and Board regulations~~4’~liowever, persons other
than the Agency may challenge criteria as applied
in the context
of permit issuance.
(Source:
Amended
at
18
Ill.
Reg.
_______,
effective
_)
Section 702.107
Permit Appeals and Review of Agency Determinations
Unless the contrary intention is indicated,
all actions taken by the Agency
under
35 Ill.
Adm.
Code 702.,- 703,through 704,
7241 through 726,
728,
e*—730,.
or 738 are to be done as part of an original permit application or a
proceeding for modification of an issued permit.
Such actions are subject to
the procedural requirements of 35
Ill.
Adm.
Code 705.
~J.
Any final Agency action on an original permit application or
a
proceeding for modification
of an issued permit,
or any action
for
review of
a final Agency determination required by these
regulations.,
may be appealed to the Board pursuant to Title X
of
the Environmental Protection Act and 35
Ill.
Adin.
Code 105
and
705.212.
~j
Other aActions that are not required by these regulations, whether
undertaken by the Agency gratuitously or pursuant to
a statutory
authorization,
such as one taken to enforce a bond,
insurance
policy., or similar instrument of a contractual nature or one
intended to guide
a regulated person
in seeking compliance with
the regulations,
are not necessarily permit modifications
aftdreviewable by the Board.
The affected person may ~e
enforccdseek review of those determinations
in any court with~
competent
jurisdiction.
(Source:
Amended at 18
Ill.
Reg.
_______,
effective
_____________________
Section 702.108
Variances and Adjusted Standards
a)
The Agency has no authority to issue any permit whichthat
is
inconsistent
with
Board
regulations.
If
an
applicant seeks
a
permit whichthat would authorize actions which would bc~
inconsistent
with
Board
regulations,
including
delayed
compliance
dates,
the applicant Bhould file for either of two forms of
relief:
fl
a petition for
a variance pe-t-ition pursuant to Title IX of
the Environmental Protection Act
(Act)
1415 ILCS~Jand 35
Ill. Adm. Code 104;
or
21
A
petition
for
an
adjusted
standard
pursuant
to
Section
28.2
of the Act and
35
Ill.
Adm.
Code
106.
b)
The Agency must
file
a
recommendation prior to any public hoari~
on such awithjn prescribed times following the
filing of
a
petition for
a
variance
pctitionor
adjusted
standard.
The
recommendation must include
a draft of the language the Agency
proposes to include in the permit
if
its recommendation is
accepted.
C)
If the Board grants
a variance or adjusted standard,
it will order
24
the Agency to
issue or modify the permit pursuant to the variance.
(Source:
Amended at
18 Ill. Reg.
________,
effective
_____________________
Section 702.109
Enforcement Actions
Any person may file a*~cnforocmcnt aotioncivil complaint with the Board
alleging violation of
the RCRA or UIC regulations,
~permit
requirement, or
permit conditions, pursuant to Title VIII of the Environmental Protection Act
and 35
Ill.
Adm. Code 103.
~1
A
formal
complaint filed with the Board will
initiate a civil
enforcement action
in which the complainant bears the burden of
proving that the respondent committed the al1e~edviolations.
~J.
The Board will forward any informal complaint to the Agency~and
the Agency shall investigate the alleged violations set
forth in
the
complaint.
(Source:
Amended at 18
Ill. Reg.
_______,
effective
_____________________
Section 702.110
Definitions
The following definitions apply to 35
Ill.
Adm. Code 702,
703,
704,. and
705.
Terms not defined in this Section have the meaning given by the appropriate
Act.
When a defined term appears in a definition,
the defined term is
sometimes placed within quotation marks as to an aid to readers.
When
a
definition applies primarily to one or more programs,
those programs appear in
parentheses after the defined terms.
“Act’~or
“Environmental Protection Act”
means
the
Environmental
Protection Act
1415 ILCS
51.
“Administrator” means the Administrator of the United States
Environmental Protection Agency, or an authorized representative.
“Agency” means the Illinois Environmental Protection Agency.
“Application” means the Agency forms for applying for
a permit.
For
RCRA,
application also includes the information required by
the Agency under 35
Ill.
Adm.
Code
703.182
ct scq.throuah
703.212
(contents of Part B of the
RCRA application).
“Appropriate act and regulations” means the Resource Conservation
and Recovery Act
(RCRA);
Safe Drinking Water Act
(SDWA);
or the
“Environmental Protection Act,” whichever
is applicable; and
applicable regulations promulgated under those statutes.
“Approved program or approved State” means
a State or interstate
program ~hichthat has been approved or authorized by EPA under 40
CFR 271
(1992)
(RCRA)
or Section 1422 of
the
SDWA
(UIC).
“Aquifer”
(RCRA and UIC) means
a geological
“formation”, group of
formations,
or part of a formation that
is capable
of yielding a
significant
amount
of water to
a well or spring.
“Area
of review”
(UIC)
means the area surrounding an injection
well described according to the criteria set
forth
in 35
Ill.
Adin.
Code 730.106, or
in the case of an area permit,
the project area
plus
a
circumscribing
area
the
width
of
whichthat
is
either
402
meters
(1/4
of
a
mile)
or
a
number
calculated
according
to
the
criteria
set
forth
in
35
Ill.
Adm.
Code 730.106.
25
“Board” means the Illinois Pollution Control Board.
“Closure”
(RCRA)
means the act of securing a “Hazardous Waste
Management Facility” pursuant to the requirements of
35
Ill.
Adm.
Code 724.
“Component”
(RCRA)
means any constituent part of a unit or any
group of constituent parts of
a unit whiohthat are assembled to
perform a Bpecific function (e.g.,
a pump seal,
pump,
kiln liner,
Q~kiln
thermocouple).
“Contaminant”
(UIC)
means any physical,
chemical,
biological.,, or
radiological substance or matter
in water.
“Corrective action management unit” or
“CAl-1U’~
means an area within
a facility that is designated by the Agency under
35
Ill.
Adm.
Code 724.Subpart S
for the purpose of
implementing corrective
action requirements under
35
Ill. Adm. Code 724.201 and
RCRA
section 3008(h).
A
CAMU
shall
only be used for the management of
remediation
wastes
pursuant
to
implementing
such
corrective
action
requirements
at
the
facility.
BOARD
NOTE:
U.S.
EPA
must
also
designate
a
CAMU
until
it
grants
this
authority
to
the Agency.
See the note following
35
Ill.
Adm.
Code 724.652.
“CWA”
means the Clean Water Act
(formerly referred to as the
Federal Water Pollution Control Act or Federal Water Pollution
Control Act Amendments of 1972)
P.L. 92—500,
as amended by P.L.
95—217,
and P.L.
95—576;
33 U.S.C.
1251 et seq.
(1992).
“Date
of
approval
by
U.S.
EPA
of the Illinois UIC program” means
Fcbruary lMarch
3,
1984.
“Director” means the Director of the Illinois Environmental
Protection Agency or the Director’s designee.
“Disposal”
(RCRA)
means the discharge,
deposit,
injection,
dumping,
spilling,
leaking,. or placing of any “hazardous waste”
into or on any land or water so that such hazardous waste or any
constituent of the waste may enter the environment or be emitted
into the air or discharged
into any waters,
including groundwater.
“Disposal Facility”
(RCRA) means
a facility
or part of
a
facility
at which “hazardous waste”
is
intentionally placed into or on the
land or water,
and at which hazardous waste will remain after
closure.
The term disposal
facility does not include
a corrective
action management unit into which remediation wastes are placed.
“Draft Permit” means
a document prepared under
35
Ill.
Adm. Code
705.141
indicating the Agency’s tentative decision to issue,
deny,
modify,
terminate,. or reissue a “permit”.
A notice of intent to
deny a permit, as discussed
in
35
Ill.
Adm.
Code 705.l4l~,. is a
type of
“draft permit”.
A denial of a request
for modification,
as discussed in
35
Ill. Adm.
Code
705.128,
is
not
a
“draft
permit”.
A “proposed permit”
is not a “draft permit”.
“Drilling Mud”
(UIC) means a heavy suspension used in drilling an
“injection well”,
introduced down the drill pipe and through the
drill bit.
“Elementary neutralization unit” means
a device which:
26
Is used for neutralizing wastes whichthat are hazardous
wastes only because they exhibit the corrosivity
characteristics defined in
35
Ill. Adm. Code 721.122, or are
listed
in Subpart D of 35
Ill. Adm. Code 721.Subpart
D only
for this reason;
and
Meets the definition of tank, tank system, container,
transport vehicle or vessel in 35
Ill.
Adm.
Code 720.110.
“Emergency Permit” means
a
RCRA or
UIC “permit”
issued in
z.ccordance with 35
Ill.
Adxn.
Code 703.221 or 704.163,
respectively.
“Environmental
Act
(Ill. Rev.
Protection
Stat.
1991,
Act”
oh.
means
lll~,
the
par.
Environmental
1001
ot
cog.
protection
(415 ILCS
bfl.
“Environmental Protection Agency”
(“EPA” or “U.S.
EPA”) means the
United States Environmental Protection Agency.
“Exempted aquifer”
(UIC) means an “aquifer” or
its portion that
meets the criteria in the definition of “underground source of
drinking water” but which has been exempted according to the
procedures
in 35
Ill.
Adm.
Code 702.105,
704.104., and 704.123(b).
“Existing hazardous waste management
(HWM)
facility” or “existing
facility” means
a facility whichthat was
in operation or for which
construction commenced on or before November
19,
1980.
A facility
has commenced construction
if:
The owner or operator has obtained the Federal,
State.,. and
local approvals or permits necessary to begin physical
construction;
and
Either:
A continuous on—site, physical construction program
has begun;
or
The owner or operator has entered into contractual
obligations——whichthat cannot be cancelled or modified
without substantial loss——for physical construction of
the facility to
be
completed
within
a
reasonable
time.
“Existing injection well”
(UIC)
means an “injection well” other
than
a “new injection well”.
“Facility or activity” means any “HWM facility”,
UIC “injection
well”,
or any other
facility or activity
(including land or
appurtenances thereto)
that
is subject to regulations under the
Illinois
RCRA
or UIC program.
“Facility mailing
list”
(RCRA)
means the
mailing
list
for
a
facility maintained by the Agency
in accordance with
35
Ill.
Adxn.
Code 705.163.
“Federal,
State,. and local
approvals or permits necessary to begin
physical construction” means permits and approvals required under
Federal,
State,. or local hazardous waste control statutes,
regulations.,
or
ordinances.
(See
35
Ill.
Adrn.
Code
7OO.l02—et~
eeq.)
27
“Final authorization”
(RCRA)
means approval by EPA of the Illinois
Hazardous Waste Management Program whichthat has met the
requirements of Section 3006(b) of RCRA and the applicable
requirements
of 40 CFR 271,
Subpart A
(1992).
EPA granted initial
final authorization on January 31,
1986.
“Fluid”
(UIC) means any material or substance whiohthat flows or
moves whether
in a semisolid, liquid,
sludge,
gas, or any other
form or state.
“Formation”
(UIC) means a body of rock characterized by a degree
of
lithologic homogeneity whiohthat is prevailingly, but not
necessarily,
tabular and
is mappable on the earth’s surface or
traceable
in the subsurface.
“Formation fluid”
(UIC)
means “fluid”
present
in
a “formation”
under natural conditions, as opposed to introduced fluids,
such as
“drilling mud”.
“Functionally equivalent component”
(RCRA)
means
a component
whichthat performs the same function or measurement and which
meets or exceeds the performance specifications of another
component.
“Generator”
(RCRA) means any person, by site location, whose act
or process produces “hazardous waste” identified or listed in 35
Ill. Adm.
Code 721.
“Groundwater”
(RCRA and UIC) means a water below the land surface
in
a zone of saturation.
“Hazardous Waste”
(RCRA
and UIC)
means
a hazardous waste as
defined in
35
Ill.
Adm. Code 721.103.
“Hazardous waste management facility’
(“HWM
facility”) means all
contiguous
land-, and structures,
other appurtenances, and
improvements on the land,
used for treating,
storing, or disposing
of “hazardous waste’s.
A facility may consist of several
“treatment”,
“storage”, or
“disposal” operational units
(for
example,
one or more landfills,
surface impoundments, or
combinations of them).
“HWM facility”
(RCRA) means “Hazardous Waste Management
facility”.
“Injection well”
(RCRA
and UIC) means a “well” into which
“fluids”
are being injected.
“Injection zone”
(UIC)
means a geological “formation”,
group of
formations,, or part of a formation receiving fluids through
a
“well”.
“In operation”
(RCRA)
means a facility whichthat
is treating,
storing, or disposing of “hazardous waste”,
“Interim authorization”
(RCRA) means approval by EPA of
the
Illinois Hazardous Waste Management program whiohthat has met the
requirements of Section 3006(c)
of
RCRA
and applicable
requirements
of 40 CFR 271
(1992).
This happened on May 17,
1982.
“Interstate agency” means an agency of two or more states
established by or under an agreement or compact approved by the
Congress, or any other agency of two or more states having
28
substantial powers or duties pertaining to the control of
pollution as determined and approved by the Administrator under
the “appropriate Act and regulations”.
“Major
facility”
means
any
RCRA
or UIC “facility or activity”
classified as such by the Regional Administrator or the Agency.
“Manifest” (RCRA and UIC) means the shipping document originated
and signed by the “generator” whichthat contains the information
required by 35
Ill. Adm.
Code 722.Subpart B.
“National Pollutant Discharge Elimination System” means the
program for issuing,
modifying,
revoking and reissuing,
terminating, monitoring, and enforcing permits and imposing and
enforcing pretreatment requirements under Section 12(f)
of the
Environmental Protection Act and 35
Ill.
Adm. Code 309.Subpart A
and
310.
The term includes an “approved program”.
“New HWM facility”
(RCRA) means
a “Hazardous Waste Management
facility” whichthat began operation or for which construction
commenced after November 19,
1980.
“New injection well”
(UIC) means
a
“well” whichthat began
injection after the
LJIC program for the State of Illinois
applicable to the well
is approved.
“Off—site”
(RCRA)
means any site whiohthat
is not “on-site”.
“On—site”
(RCRA) means on the same or geographically contiguous
property whiphthat may be divided by public or private
right(s)—of—way, provided the entrance and exit between the
properties
is at
a cross—roads intersection,
and access
is by
crossing as opposed to going along,
the right(s)—of—way.
Non—contiguous properties owned by the same person but connected
by a right-of—way whiohthat the person controls and to which the
public does not have access,
is also considered on—site property.
“Owner or operator” means the owner or operator
of any
“facility
or activity”
subject to regulation under the RCRA or UIC programs.
“Permit” means an authorization,
license, or equivalent control
document
issued to implement the requirements of this Part and 35
Ill. Adm. Code 703,
704,
and 705.
“Permit”
includes RCRA “permit by rule”
(35
Ill.
Adm.
Code
703.141), UIC area permit
(35
Ill.
Adxn.
Code 704.162), and
RCRA or
UIC “Emergency Permit”
(35
Ill. Adm.
Code 703.221 and 704.163).
“Permit” does not include RCRA interim status
(35
Ill.
Adm.
Code
703.153 ct ocg.through 703.157),
UIC authorization by rule
(35
Ill. Adm. Code 704.Subpart C), or any permit whichthat has not yet
been the subject of final Agency action,
such
as
a “Draft Permit”
or a “Proposed Permit.”
“Person” means any individual,
partnership,
co—partnership,
firm,
company,
corporation,
association,
joint stock company, trust,
estate,
political subdivision,
state agency,
or any other legal
entity, or their legal representative, agency, or assigns.
“Phase
I”
(RCRA)
means,
as used in the corresponding federal
regulations, the period of time commencing May
19,
1980.
For
Illinois purposes,
Phase
I began on May
17,
1982.
29
“Phase
II”
(RCRA) means,
as used in the corresponding federal
regulations,
the period of time commencing May 19,
1980.
For
Illinois purposes,
Phase II commenced when U.S. EPA granted final
authorization to the Agency to issue RCRA permits for any class of
facility
or
unit.
This occurred on January
31,
1986.
“Physical construction”
(RCRA)
means excavation, movement of
earth, erection of forms or structures or similar activity to
prepare an “HWM facility” to accept “hazardous waste”.
“Plugging”
(UIC) means the act or process of stopping the flow of
water,
oil,, or gas into or out of a formation through
a borehole
or well penetrating that formation.
“POTW” means
“publicly owned treatment works”.
“Project”
(UIC) means
a group of wells
in
a single operation.
“Publicly owned treatment works”
(“POTW”)
is
as
defined in
35
Ill.
Adm. Code 310.
“Radioactive waste”
(UIC) means any waste whichthat
contains
radioactive material in concentrations whichthat exceed those
listed in
10 CFR 20, Appendix
B,
Table II,
Column
2,
incorporated
by reference
in
35
Ill. Adm.
Code 720.111.
“RCRA” means the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act of 1976
(P.L.
94—580,
as
amended by P.L. 95—609,
P.L.
96-510,
42 U.S.C.
6901 et
seq.
(1992)).
For the purposes of regulation under
35
Ill.
Adm. Code
700 through 705,
720 through 728,
and 739,
“RCRA” refers only to
RCRA Subtitle
C.
This does not include the RCRA Subtitle D
(municipal solid waste landfill)
regulations,
found
in
35
Ill.
Adm.
Code
810
through
83.5,
and
the
RCRA Subtitle
I
(underground
storage tank)
regulations found
in 35
Ill.
Adm.
Code 731 and 732.
“RCRA
permit” means
a
permit
required under Section 21(f)
of the
Environmental Protection Act.
“Regional Administrator” means the Regional Administrator for the
EPA Region in which the facility is located or the Regional
Administrator’s designee.
“Schedule of compliance” means a schedule of remedial measures
included in a “permit”,
including an enforceable sequence of
interim requirements
(for example,
actions, operations, or
milestone events)
leading to compliance with the “appropriate Act
and regulations”.
“SDWA” means the Safe Drinking Water Act
(Pt~b.—L. 93—523,
as
amended 42 U.S.C.
300f et
seq.
(1992)).
“Site” means the land or water area where any
“facility or
activity”
is physically located or conducted,
including adjacent
land used
in connection with the facility or activity.
“SIC Code” means codes pursuant
to the Standard Industrial
Classification Manual incorporated by reference
in
35
Ill.
Adxn.
Code 720.111.
“State” means the State
of Illinois.
30
“State Director” means the Director of the Illinois Environmental
Protection Agency.
“State/EPA Agreement”
means an agreement between the Regional
Administrator and the State whiohthat coordinates EPA and State
activities, responsibilities, and programs including those under
the RCRA and SDWA.
“Storage”
(RCRA) means the holding of “hazardous waste” for
a
temporary period,
at the end of which the hazardous waste
is
treated, disposed, or stored elsewhere.
“Stratum
(plural strata)”
(T.JIC) means
a single sedimentary bed or
layer,
regardless of thickness, that consists of generally the
same kind of rock material.
“Total dissolved solids”
(UIC) means the total dissolved
(filterable) solids as determined by use of the method specified
in 40 CFR 136, incorporated by reference
in 35
Ill.
Adm.
Code
720.111.
“Transfer facility” means any transportation related facility
including loading docks, parking areas,
storage areas, and other
similar areas where shipments of hazardous wastes are held during
the normal course of transportation.
“Transferee”
(UIC) means the owner or operator receiving ownership
or operational control of the well.
“Transferor”
(UIC) means the owner or operator transferring
ownership or operational control of the well.
“Transporter”
(RCRA)
means
a person engaged in the off—site
transportation of
“hazardous waste” by air, rail,
highway, or
water.
“Treatment”
(RCRA) means any method, technique,
process,
including
neutralization, designed to change the physical,
chemical, or
biological character or composition of any “hazardous waste” so as
to neutralize such wastes,
or so as to recover energy or material
resources from the waste,
or so as to render such wastes
non—hazardous,
or less hazardous;
safer to transport,
store, or
dispose of; or amenable for recovery,
amenable for storage, or
reduced in volume.
“UIC” means the Underground Injection Control program.
“Underground
Injection”
(UIC)
means
a “well injection”.
‘~Undergroundsource of drinking water”
(“USDW”)
(RCRA and UIC)
means an “aquifer”
or its portion:
Which:
Supplies any public water system;
or
Contains a sufficient quantity of groundwater to
supply a public water system;
and
Currently supplies drinking water for human
consumption;
or
31
Contains less than 10,000 mg/i total dissolved solids;
and
WhiohThat
is
not an “exempted aquifer”.
“USDW”
(RCRA and UIC) means an ‘~undergroundsource of drinking
water”.
“Wastewater treatment unit” means a device which:
Is
part
of
a
wastewater
treatment
facility whiohthat
is
subject to regulation under 35
Ill. Adm. Code 309.Subpart A
or 310; and
Receives and treats or stores an influent wastewater
whiohthat
is a hazardous waste as defined in 35
Ill.
Adm.
Code 721.103,
or generates and accumulates
a wastewater
treatment sludge whichthat
is
a hazardous waste as defined
in 35
Ill.
Adm. Code 721.103,
or treats or stores
a
wastewater treatment sludge whichthat
is
a hazardous waste
as defined
in 35
Ill. Adm. Code 721.103,
and
Meets the definition of tank or tank system in 35 Ill. Adm.
Code 720.110.
“Well
(UIC)
means
a
bored, drilled, or driven shaft, or
a dug
hole,
whose
depth
is
greater
than
the largest surface dimension.
“Well
injection”
(UIC)
means
the
subsurface
emplacement
of
“fluids” through a bored,
drilled, or driven “well”; or through
a
dug well, where the depth of the dug well
is greater than the
largest surface dimension.
BOARD
NOTE:
Derived from 40 CFR 144.3,
as amended
at
58 Fed. Req.
63895
(Dec.
3,
1993),
and 270.2
(1992),
as amended at
58 Fed. Reg.
8685
(Feb.
16,
1993).
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
SUBPART
B:
PERMIT APPLICATIONS
Section 702.120
Permit Application
Any person who is required to have a permit
(including new applicants and
permittees with expiring permits)
shall complete,
sign, and submit an
application
to the Agency as described in this Section and in 35
Ill.
Adxn.
Code 703.180
(RCRA) and 35 Ill. Adm.
Code 704.161
(UIC).
Persons currently
authorized with interim status under RCRA
(35 Ill. Adm. Code 703.Subpart C)
or
UIC authorization by rule
(35
Ill.
Adm.
Code
704.Subpart
C)
shall
apply
for
permits when required by the Agency.
Persons covered by RCRA permits by rule
(35
Ill. Adm.
Code 703.141) need not apply.
Procedures for applications,
issuance and administration of emergency permits are found exclusively in 35
Ill.
Adm.
Code 703.221
(RCRA)
and 35
Ill.
Adm.
Code
704.163
(UIC).
Procedures
for application,
issuance, and administration of research, development, and
demonstration permits are found exclusively in 35
Ill.
Adxn.
Code 703.231
(RCRA).
(goard N0tCBOARD NOTE:
SeeDerived from 40 CFR 144.31(a)
(1993)
and
27O.10(a)
(1992)
.-)-
(Source:
Amended at
18
Ill.
Reg.
________,
effective
______________________
32
Section 702.121
Who Applies
When a facility or activity
is owned by one person but
is operated by another
person,
it
is the operator’s duty to obtain a permit,
except that the owner
must also sign the permit application.
(Board N0tOBOARD NOTE:
SeeDerived from 40 CFR 122.4144.31(b)
(1993)
and
270.10(b)
(1992).+
(Source:
Amended at
18 Ill.
Reg.
_______,
effective
_____________________
Section 702.122
Completeness
The Agency shall not issue a permit under a program
(RCRA or UIC) before
receiving a complete application for a permit under that program except for
emergency permits.
An application for a
permit under a program is complete
when the Agency receives an application form and any supplemental information
whichthat erej~completed to its satisfaction.
(35
Ill.
Ad.m.
Code 705.122).
An application for
a permit
is complete notwithstanding the failure of the
owner or operator to submit the exposure information described
in
35
Ill.
Adm.
Code 703.186
(RCRA).
BOARD NOTE:
Derived from 40 CFR 144.31(d)
(1993)
and 270.10(c)
(1992), as
amended at
54 Rod,
flog.
9607,
March
7,
1959.
(Source:
Amended at 18 Ill.
Reg.
________,
effective
______________________
Section 702.123
Information Requirements
All applicants for
RCRA
or UIC permits shall provide the following information
to the Agency, using the application form provided by the Agency
(additional
information required of applicants
is set forth in 35 Ill. Adm.
Code 703.-8~
et ocq.Subpart
D
(RCRA) and
35
Ill.
Adm. Code 704.161
(UIC)).
a)
The activities conducted by the applicant whiohthat require
it to
obtain permits under RCRA or UIC.
b)
Name,
mailing address, and location of the facility for which the
application
is submitted.
c)
Up to four SIC codes whichthat best reflect the principal products
or services provided by the facility.
d)
The operator’s name,
address, telephone number, ownership status,
and status as Federal,
State, private, public, or other entity.
e)
The name,
address, and phone number of the owner of the facility.
f)
A listing of all permits or construction approvals received or
applied for under any
of the following programs:
1)
Hazardous Waste Management program under RCRA, this Part,
and 35 Ill.
Adm.
Code 703.
2)
UIC
program
under
SDWA,
this
Part,
and
35
Ill.
Adm.
Code
704.
3)
NPDES program under CWA and
35
Ill. Adm. Code 309.
4)
Prevention of Significant Deterioration
(PSD) program under
the Clean Air Act.
33
5)
Nonattainment
program under the Clean Air Act.
6)
National Emission Standards for Hazardous Pollutants
(NESHAPS) preconstruction approval under the Clean Air Act.
7)
Ocean dumping permits under the Marine Protection Research
and Sanctuaries Act.
8)
Dredge or fill permits under Section 404 of CWA.
9)
Other relevant environmental permits,
including Illinois
permits.
g)
A topographic map (or other map if
a topographic map is
unavailable)
extending 1609 meters (one mile) beyond the property
boundaries of the source, depicting the facility and each of its
intake and discharge structures;
each of its hazardous waste
treatment, storage, or disposal facilities; each well where fluids
from
the facility are injected underground; and those wells,
springs,
other surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant
within 402 meters
(one fourth mile)
of the facility property
boundary.
h)
A brief description
of the nature of the business.
(Board N0teBOARD NOTE:
6eeDerived from 40 CFR 144.31(e)-,-(1993)
and 270.10(d)
and
270.13_(1992).+
(Source:
Amended at
18
Ill. Reg.
_______,
effective
_____________________
Section 702.124
Recordkeeping
Applicants shall keep records of all data used to complete permit applications
and any supplemental information submitted under 35
Ill. Adm. Code 702.123,
703.180 et ceg.Sub~artD
(RCRA); and
35
Ill.
Adm. Code 704.161
(UIC)
for a
period of at least
3
years
from
the
date
the application
is signed.
(Board
N0teBOARD
NOTE:
SeeDerived
from
40 CFR 122.4(c)l44.31(f) and 270.10(i)
(19931
.+
(Source:
Amended at 18
Ill.
Reg.
,
effective
______________________
Section 702.125
Continuation of Expiring Permits
a)
The conditions of an expired permit continue in force until the
effective date
of
a new permit
(see 35
Ill.
Adm. Code 705.201)
if:
1)
The permittee has submitted a timely application under 35
Ill. Adm.
Code 703.181
(RCRA)
or 704.161
(UIC)-, whichthat
is
a complete
(under Sec,-tion 702.122) application for a new
permit;
and
2)
The Agency, through no fault of the permittee,
does not
issue a new permit with an effective date under
35
Ill.
Adm.
Code 705.201 on or before the expiration date of the
previous permit
(for example, when issuance
is impracticable
due to time or resource constraints).
b)
Effect.
Permits continued under this section remain
fully
effective and enforceable.
34
c)
Enforcement.
When the permittee is not
in compliance with the
conditions of the expiring or expired permit the Agency may choose
to do any or all of the following:
1)
Initiate enforcement action based upon the permit whichthat
has been continued;
2)
Issue a notice of intent to deny the new permit under 35
Ill.
Mm.
Code 705.141.
If the permit
is denied, the owner
or operator would then be required to cease the activities
authorized by the continued permit or be subject to
enforcement action
for operating
without a permit;
3)
Issue a new permit under
35
Ill.
Adm. Code 705 with
appropriate conditions~ or
4)
Take other actions authorized by the Environmental
Protection Act, or regulations adopted thereunder.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 122.5144.37
(19931
and
270.51
(1992).)
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
Section
702.126
Signatories
to
Permit
Applications
and
Reports
a)
Applications.
All
applications shall be signed as follows:
1)
For a corporation:
by
a responsible corporate officer.
For
the purpose of this section,
a responsible corporate officer
means;
A)
A
president,
secretary,
treasurer,
or vice president
of the corporation
in charge of
a principal business
function, or any other person who performs
similar
policy or decision making functions
for the
corporation,
or
B)
the manager of one or more manufacturing, production,,
or operating facilities
employing
more
than
250
persons or having gross annual sales or expenditures
exceeding
$25 million
(in second-quarter 1980
dollars),
if
authority
to
sign
documents
has
been
assigned or delegated to the manager
in accordance
with corporate procedures.
(Board
N0teBOARD
NOTE:
The
Board
does
not
require
specific
assignments
or
delegations
of
authority
to
responsible corporate officers
identified in
paragraphsubsection (a)(l)(A)
above.
The Agency will
presume
that
these
responsible
corporate
officers
have
the
requisite
authority
to
sign
permit applications
unless the corporation has notified the Agency to the
contrary.
Corporate procedures governing authority to
sign permit applications may provide for assignment or
delegation to applicable corporate positions under
paragraphsubsection (a)(1)(B)
above rather than to
specific individuals.
2)
For a partnership or sole proprietorship:
by
a general
partner or the proprietor, respectively;
or
35
3)
For
a municipality,
State,
federal.,, or other public agency:
by either a principal executive officer or ranking elected
official.
For purposes of this Section,
a principal
executive officer of a federal agency includes:
A)
The chief executive officer of the agency, or
B)
A senior executive officer having responsibility for
the
overall
operations
of
a
principal
geographic
unit
of the agency
(e.g., Regional Administrators of
USEPA).
b)
Reports.
All reports required by permits or other information
requested by the Agency shall be signed by a person described in
paragraphsubsection
(a)
above,
or by
a duly authorized
representative of that person.
A
person
is
a duly authorized
representative only if:
1)
The
authorization
is
made
in writing by a person described
in paragraphsubsection
(a) above
2)
The authorization specifies either an individual or a
position having responsibility for the overall operation of
the
regulated
facility
or
activity,
such
as
the position of
plant
manager,
operator
of
a
well
or
a well field,
superintendent, or position of equivalent responsibility.
(A duly authorized representative may thus be either
a named
individual or any individual occupying a
named
position);
and
3)
The written authorization
is submitted to the Agency.
c)
Changes to authorization.
If an authorization under
paragraphsubsection
(b) above
is no longer accurate because
a
different individual or position has responsibility for the
overall operation of the facility,
a new authorization satisfying
the requirements of paragraphsubsection
(b) must be submitted to
the Agency prior to or together with any reports,
information, or
applications to be signed by an authorized representative.
d)
Certification.
Any person signing
a document under
paragraphsubsections
(a)
or
(b)
above shall make the following
certification:
I
certify
under penalty of law that this document and all
attachments
were
prepared
under my direction or supervision
in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the
information submitted.
Based on my inquiry of the person or
persons who manage the system,
or those persons directly
responsible for gathering the information, the information
submitted is,
to the best of my knowledge and belief,
true,
accurate,
and
complete.
I
am aware that there are
significant penalties for submitting false information,
including the possibility
of fine and imprisonment
for
knowing violations.
(Board N0tcBOARD NOTE:
6eeDerived from 40 CFR 144.32
11993)
and 270.11_(l992).+
(Source:
Amended
at
18
Ill.
Reg.
________,
effective
36
SUBPART C:
PERMIT CONDITIONS
Section 702.140
Conditions Applicable to all Permits
The following conditions of Sees.
702.141 ct ocg.this Subpart apply to all
RCRA and UIC permits.
For additional conditions applicable to all permits
for
each of the programs individually, see 35
Ill, Mm.
Code 703.241 ot
ocg.Subpart F
(RCRA)
and 704.~84SubpartE
(UIC).
All conditions applicable to
all permits,
and all additional conditions applicable to all permits for
individual programs,
shall be incorporated into the
permits either expressly
or by reference.
If
incorporated by reference,
a specific citation to these
regulations must be given in the permit.
(Board
N0tcBOARD
NOTE:
SeeDerived from 40 CFR 122.7144.53. preamble
(1993)
and
270.30 preamble (1992).)
(Source:
Amended
at
18
Ill.
Reg.
________,
effective
______________________
Section
702.141
Duty
to
Comply
The permittee
must comply with all conditions of this permit.
Any permit
noncompliance constitutes
a violation of the Illinois Environmental Protection
Act and is grounds:
for an enforcement action;
for permit revocation or
modification;
or for denial of a permit renewal application.
(Board NotoBOARD NOTE:
SeeSections 703.242
(RCRA)
and 704.181(a)
(UIC)
contain additional
information on operation under an emergency permit.
Derived from 40 CFR 122.7144.51(a)
(3.993) and 270.30(a)
(1992).)
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
Section 702.142
Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after
the expiration date of this permit, the permittee must apply for and obtain a
new permit.
(Board
N0teBOARD
NOTE:
SeeDerived
from
40
CFR
122.7144.51(b)
(1993)
and
270.30(b)
(1992)..)-
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 702.143
Need to Halt or Reduce Activity Not a Defense
It shall not be
a defense for a permittee
in an enforcement action that
it
would have been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of this permit.
(Board NotCBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(c)
(1993)
and
270.30(c)
f1992).-)-
(Source:
Amended at
18 Ill.
Reg.
________,
effective
_____________________
Section 702.144
Duty to Mitigate
a)
For RCRA permits
in the event of noncompliance with the permit,
the permittee shall take all reasonable steps to minimize releases
to the environment,
and shall carry out such measures as are
reasonable to prevent significant adverse impacts on human health
or the environment.
b)
For UIC permits, the permittee shall take all reasonable steps to
37
minimize or correct any adverse impact on the environment
resulting from non—compliance with the permit.
-(Board N0t0BOARD NOTE:
SeeDerived from 40 CFR 144.51(d)
(19931
and 270.30(d)
(1992)..)-
(Source:
Amended at 18
Ill. Reg.
_______,
effective
_____________________
Section 702.145
Proper Operation and Maintenance
The permittee shall at all times properly operate and
maintain
all
facilities
and systems of treatment and control
(and related appurtenances) whiohthat are
installed or used by the permittee to achieve compliance with the conditions
of this permit.
Proper operation and maintenance includes effective
performance, adequate funding, adequate operator staffing and training, and
adequate laboratory and process controls,
including appropriate quality
assurance procedures.
This provision requires the operation
of backup or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions
of the permit.
(Board NotoBOARD NOTE:
SeeDerived
from 40 CFR 122.7144.51(e)
(1993)
and
270.30(e)
(1992).-)-
(Source:
Amended at
18
Ill.
Reg.
_______,
effective
_____________________
Section 702.146
Permit Actions
This permit may be modified or revoked for cause.
The filing of a request by
the permittee for a permit modification
or revocation, or
a notification of
planned changes or anticipated noncompliance, does not stay any permit
condition.
(Board
NsteBOARD
NOTE:
SeeDerived
from
40
CFR
122.7144.51(f)
(1993)
and
270.30(f)
(1992).-)-
(Source:
Amended at
18
Ill.
Reg.
_______,
effective
_____________________
Section 702.147
Property Rights
This permit does not convey any property rights of any sort,
or any exclusive
privilege.
(Board NotOBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(g)
(1993)
and
270.30(g)
(1992).-)-
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 702.148
Duty to Provide Information
The permittee shall
furnish to the Agency,
within a reasonable time,
any
relevant information whichthat the Agency may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this
permit-, or to determine compliance with this permit.
The permittee shall also
furnish to the Agency, upon request,
copies of records required to be kept by
this permit.
-(hoard NoteBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(h)
(1993)
and
270.30(h)
(l992).±
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 702.149
Inspection and Entry
38
The permittee shall allow an authorized representative of the Agency, upon the
presentation of credentials and other documents as may be required by law,
to:
a)
Enter at reasonable times upon the permittee’s premises where a
regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b)
Have access to and copy,
at reasonable times,
any records that
must be kept under the conditions of this permit;
C)
Inspect at reasonable times any facilities, equipment
(including
monitoring and
control
equipment), practices, or operations
regulated or required under this permit; and
d)
Sample or monitor at reasonable times,
for the purposes of
assuring permit compliance or as otherwise authorized by the
appropriate Act,
any substances or parameters at any location.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(i)
(3.993)
and
270.30(i)
(1992)..)-
(Source:
Amended at 18
Ill.
Reg.
________,
effective
______________________
Section 702.150
Monitoring and Records
a)
Samples
and
measurements
taken
for
the
purpose of monitoring shall
be representative of the monitored activity.
b)
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit,
and records of all
data
used
to
complete
the
application
for
this permit,
for
a
period of at least
3 years from the date of the sample,
measurement, report, or application.
This period may be extended
by request of the Agency at any time.
c)
Records of monitoring information shall
include:
1)
The date,
exact place, and time of sampling or measurements;
2)
The individual(s) who performed the sampling or
measurements;
3)
The date(s)
analyses were performed;
4)
The individual(s)
who performed the analyses;
5)
The analytical techniques or methods used; and
6)
The results of such analyses.
(Board N0tcBOARD NOTE:
SeeDerived from 40 CFR 144.51(j)
(1993) and 270.30(j)
(1992).-)-
(Source:
Amended at
18 Ill.
Reg.
________,
effective
_____________________
Section 702.151
Signaterj~~Requirements
All application,
reports, or
information submitted to the Agency shall be
signed and certified
-(-in accordance with the requirements of Section 702.126±.
39
-(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 122.7144.51(k)
(1993)
and
270.30(k)
(1992).-)-
(Source:
Amended at 18
Ill. Reg.
________,
effective
______________________
Section 702.160
Establishing Permit Conditions
a)
In addition to conditions required
in permits for both programs
(Sections 702.140 through 702.152),
the Agency shall establish
conditions,
as required on a case—by—case basis,
in RCRA and UIC
permits under Section 702.150
(monitoring and records),
Section
702.161
(duration of permits), Section 702.162
(schedules of
compliance),
Section
702.163
(alternate schedules of compliance),,
and Section 702.164 (Recording and Reporting).
For UIC only,
permits for owners and operators of hazardous waste injection
wells must include conditions meeting the requirements of
35 Ill.
Adm.
Code 704.201 through 704.203
(requirements for wells
injecting hazardous waste),
704.189,, and 704.191,
and 35
Ill. Adm.
Code 730.Subpart G.
Permits for other wells must contain the
requirements set forth in 35
Ill. Adm. Code 704.Subpart
E when
applicable.
Derived from 40 CFR 144.52(a)
(~s~).
as
arncndcu
u-t.
~i
rcu.
ito-a.
38147,
July 26,
1988 ana
~
~
b)
Additional conditions.
1)
In addition to conditions required in all permits for a
particular program
(35
Ill.
Adm. Code 703.241 ct ooq.Sub~art
F for RCRA and 35
Ill. Adm.
Code 704.181 ot ocg.Subpart C
for UIC),
the Agency shall establish conditions in permits
for the individual programs,
as required on a case—by—case
basis,
to provide for and assure compliance with all
applicable requirements of the appropriate Act and
regulations.
BOARD NOTE:
Dcrivcd from 40 CFR 144.52(b)
and 270.32(b)
(1988).
2)
An applicable requirement
is
a statutory or regulatory
requirement whichthat takes effect prior to final
administrative disposition of a permit.
35
Ill.
Adm. Code
705.184
(reopening of comment period) provides
a means for
reopening permit proceedings at the discretion of the Agency
where new requirements become effective during the
permitting process and are of sufficient magnitude to make
additional proceedings desirable.
An applicable requirement
is also any requirement ~hichthat takes effect prior to the
modification of a permit,
to the extent allowed in
35
Ill.
Adm.
Code
705.201.
BOARD
iitjj.~j
uor~vou
zrom
40-CFFt 144.52(b)
anu
~
(1988).
3)
New or reissued permits,
and to the extent allowed under 35
Ill.
Adm. Code 705.201 modified permits,
shall incorporate
each
of
the
applicable
requirements
referenced
in
35
Ill.
Adm.
Code 703.241 et seq.
(RCRA)
and 35
Ill.
Adm. Code
704.182 through 704.191
(UIC).
~
NOTES
Derived from 40
tJ~fl
144.52(b)
and
270.32(-d-3-
(1988).
40
C)
Incorporation.
All permit conditions shall be incorporated either
expressly or by reference.
If incorporated by reference,
a
specific citation to the applicable regulations or requirements
must be given in the permit.
BOARD NOTE:
Derived from 40 CFR
144.52-(-e-)- (1993) and
270.32-(-e-)-
(19&&~).
(Source:
Amended at
18 Ill. Reg.
________,
effective
______________________
Section 702.161
Duration of Permits
a)
1)
RCRA.
RCRA permits shall be effective for a fixed term,
to
be determined by the Agency on a case—by—case basis,
not to
exceed ten years.
2)
UIC.
UIC permits for Class
I and Class
V
wells shall be
effective
for a fixed term,
to be determined by the Agency
on a case—by—case basis,
not to exceed ten years.
UIC
permits for Class III wells shall be issued for
a period not
to exceed five years; provided, however, that the Agency
shall, without requiring a new application,
renew such
permits for a period not to exceed five years per renewal
unless the Agency determines that the permit should be
modified,
revoked, or a minor modification made as provided
in Sections 702.183 through 702.187,
in which case the
permittee shall be required to file a new application.
b)
Except as provided in Section 702.125, the term of a permit shall
not be extended by modification beyond the maximum duration
specified in this Section.
c)
The Agency may issue any permit for a duration that
is
less than
the full allowable term under this Section.
d)
The Agency shall review each RCRA permit for
a land disposal
facility five years after the date of permit issuance or
reissuance,
and shall modify the permit as necessary,
as provided
in Section 702.183 and 702.184.
(Board
N0tcBOARD
NOTE:
SeeDerived
from
40
CFR
144.36
(1993)
and
270.50
(1992).
(Source:
Amended at
18
Ill.
Reg.
,
effective
_____________________
Section 702.162
Schedules of Compliance
The permit may, when appropriate,
specify a schedule of compliance leading to
compliance with the appropriate Act and regulations.
a)
Time for compliance.
Any schedules of compliance under this
section shall require compliance as soon as possible.
For UIC, in
addition,
schedules of compliance shall require compliance not
later than
3 years after the effective date of the permit.
b)
Interim dates.
If
a permit establishes
a schedule of compliance
whichthat exceeds
1 year from the date of permit
issuance,
the
schedule shall set forth interim requirements and the dates for
their achievement.
1)
The time between interim dates shall not exceed
1
year.
41
2)
If
the
time
necessary
for
completion
of
any
interim
requirement
(such as the construction of a control facility)
is
more
than
1
year
and
is
not readily divisible into stages
for completion,
the permit shall specify interim dates for
the submission of reports of progress toward compliance of
the interim requirements and indicate a projected completion
date.
c)
Reporting.
A RCRA permit shall be written to require that no
later than 14 days following such interim date and the final date
of compliance, the permittee shall notify the Agency in writing of
its compliance or noncompliance with the interim or final
requirements.
A
UIC
permit
shall
be written to require that if
p-aragraphsubsection
(a)
above is applicable progress reports be
submitted no
later than 30 days following each interim date and
the final date of compliance.
d)
The Agency may not permit a schedule of compliance involving
violation of regulations adopted by the Board unless the permittee
has been granted a variance.
To avoid delay an applicant seeking
a schedule
of compliance should file a variance petition pursuant
to 35
Ill. Adm. Code 104
at the same time the permit application
is filed.
-(Board
N0teBOARD
NOTE:
SeeDerived
from
40
CFR
122.10144.53(a)
(1993)
and 270.33(a)
(3.992).-)-
(Source:
Amended at
18 Ill. Reg.
_______,
effective
_____________________
Section 702.163
Alternative Schedules
of Compliance
A RCRA or UIC permit applicant or permittee may cease conducting regulated
activities
(by receiving a terminal volume of hazardous waste andt, for
treatment or storage HWM facilities,
closing pursuant to applicable
requirements;
or,
for disposal HWM facilities,
closing and conducting post—
closure care pursuant to applicable requirements; or,
for UIC wells,
by
plugging and abandonment)
rather than continue to operate and meet permit
requirements as follows:
a)
If the perniittee decides to cease conducting regulated activities
at
a given time within the term of a permit whichthat has already
been issued:
1)
The permit may be modified to contain a new or additional
schedule leading to timely cessation of activities; or
2)
The permittee shall cease conducting permitted activities
before noncompliance with any interim or final compliance
schedule requirement already specified
in the permit.
b)
If
the
decision
to
cease
conducting
regulated
activities
is
made
before issuance of
a permit whose term will include the
termination date,
the permit shall contain
a schedule leading to
termination whichthat will ensure timely compliance with
applicable requirements.
c)
If the permittee
is undecided whether to cease conducting
regulated
activities,
the
Agency
may
issue
or
modify
a
permit
to
contain two schedules
as follows:
1)
Both
schedules
shall
contain an identical interim
deadline
requiring a final decision on whether to cease conducting
42
regulated activities no later than a date whichthat ensures
sufficient time to comply with applicable requirements
in a
timely manner if the decision is to continue conducting
regulated
activities;
2)
One schedule shall lead to timely compliance with applicable
requirements;
3)
The second schedule shall
lead to cessation of regulated
activities by
a date whichthat will ensure timely compliance
with applicable requirements.
4)
Each permit containing two schedules
shall include
a
requirement that after the permittee has made a final
decision under paragraphsubsection
(c)(1) above
it shall
follow the schedule leading to compliance
if the decision
is
to continue conducting regulated activities, and follow the
schedule leading to termination if the decision
is to cease
conducting regulated activities.
d)
The applicant’s or
permittee’s
decision
to
cease
conducting
regulated activities shall be evidenced by a firm public
commitment satisfactory to the Agency,
such as
a resolution of the
board of directors of a corporation.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 122.10(a)144.53(b)
(1993)
and 270.33(b)
(1992).-)-
(Source:
Amended at 18 Ill. Reg.
________,
effective
______________________
Section 702.164
Recording and Reporting
All permits shall specify:
a)
Requirements concerning the proper use, maintenance, and
installation,
when
appropriate,
of monitoring equipment or methods
(including biological monitoring methods when appropriate);
b)
Required monitoring including type,
intervals, and frequency
sufficient to yield data whiohthat are representative of the
monitored activity including, when appropriate, continuous
monitoring;
c)
Applicable reporting requirements based upon the impact of the
regulated activity and as specified
in 35
Ill.
Adm. Code 724
(RCRA)
and
35
Ill.
Adm. Code 730
(UIC).
Reporting shall be no
less frequent than specified in
the above regulations.
(Board N0teBOARD NOTE:
SeeDerived
from 40 CFR 122.11144.54
(i993J
and 270.31
(1992).-)-
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
SUBPART D:
ISSUED PERMITS
Section 702.181
Effect of
a Permit
a)
The existence of
a
RCRA
or UIC permit does not constitute
a
defense to
a violation of the Environmental Protection Act or this
Subtitle,
except
for development, modification, or operation
without
a permit.
However,
a permit may be modified,
reissued, or
43
revoked during its term for cause as set forth
in 35
Ill.
Adm.
Code 703.270 through 703.273
(RCRA)
~
35 Ill.
Adm. Code
704.261 through 704.263
(UIC)
and Section 702.186.
b)
The issuance of a permit does not convey any property rights
of
any sort,
or any exclusive privilege.
C)
The issuance of
a permit does not authorize any injury to persons
or property or invasion of other private rights, or any
infringement of State or local law or regulations,
except as noted
in subsection
(a).
BOARD NOTE:
Derived from 40 CFR 144.35 (1994~3) and 40 CFR 270.4
(199&~), as amondod
at
57 Fcd.
flcg.
3486,
.January 29,
1992.
(Source:
Amended at 18
Ill.
Reg.
_______,
effective
_____________________
TITLE
35: ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b: PERMITS
PART 703
RCRA
PERMIT
PROGRAM
SUBPART A: GENERAL PROVISIONS
Section
703.100
Scope and Relation to Other Parts
703.101
Purpose
703. 110
References
SUBPART
B:
PROHIBITIONS
Section
703.120
Prohibitions
in General
703.121
RCRA Permits
703.122
Specific Inclusions
in Permit Program
703.123
Specific Exclusions from Permit Program
703.124
Discharges of Hazardous Waste
703.125
Reapplications
703.126
Initial Applications
703.127
Federal Permits
(Repealed)
SUBPART C:
AUTHORIZATION BY RULE
AND
INTERIM STATUS
Section
703.140
Purpose and Scope
703.141
Permits by Rule
703.150
Application by Existing
HWM
Facilities and Interim Status
Qualifications
703.151
Application by New HWM Facilities
703.152
Amended Part A Application
703.153
Qualifying for Interim Status
703.154
Prohibitions During Interim Status
703.155
Changes During Interim Status
703.156
Interim Status Standards
703.157
Grounds for Termination of Interim Status
703.158
Permits
for Less Than an Entire Facility
703.159
Closure by Removal
703.160
Procedures
for Closure Determination
Section
SUBPART D:
APPLICATIONS
44
703.180
Applications in General
703.181
Contents of Part A
703.182
Contents of Part,B
703.183
General Information
703.184
Facility Location Information
703.185
Groundwater Protection Information
703.186
Exposure Information
703.187
Solid Waste Management Units
703.188
Other Information
703.200
Specific Part B Application Information
703.201
Containers
703.202
Tank Systems
703.203
Surface Impoundments
703.204
Waste Piles
703.205
Incinerators that Burn Hazardous Waste
703.206
Land Treatment
703.207
Landfills
703.208
Specific Part B Information Requirements for Boilers and
Industrial
Furnaces
Burning
Hazardous
Waste
703.209
Miscellaneous Units
703.210
Process Vents
703.211
Equipment
703.212
Drip Pads
SUBPART E:
SHORT TERM AND PHASED
PERMITS
Section
703.221
Emergency Permits
703.222
Incinerator Conditions Prior to Trial Burn
703.223
Incinerator Conditions During Trial Burn
703.224
Incinerator Conditions After Trial Burn
703.225
Trial Burns for Existing Incinerators
703.230
Land Treatment Demonstration
703.231
Research,
Development and Demonstration Permits
703.232
Permits for Boilers and Industrial Furnaces Burning Hazardous
Waste
SUBPART F:
PERMIT CONDITIONS OR DENIAL
Section
703.240
Permit
Denial
703.241
Establishing
Permit
Conditions
703.242
Noncompliance Pursuant to Emergency Permit
703.243
Monitoring
703.244
Notice of Planned Changes
(Repealed)
703.245
Twenty-four
Hour
Reporting
703.246
Reporting Requirements
703.247
Anticipated Noncompliance
SUBPART G: CHANGES TO PERMITS
Section
703.260
Transfer
703.270
Modification
703.271
Causes
for Modification
703.272
Causes for Modification or Reissuance
703.273
Facility Siting
703.280
Permit Modification at the Request of the Permittee
703.281
Class
1 Modifications
703.282
Class 2 Modifications
703.283
Class
3 Modifications
703.Appendix A
Classification of Permit Modifications
AUTHORITY:
Implementing Section 22.4 and authorized by Section 27 of the
45
Environmental Protection Act
(Ill. Rev.
Stat.
19O1~ch.
111½,
paro
1027
(415 ILCS 5/22.4 and 27).
SOURCE:
Adopted
in
R82—19,
53
PCB
131,
at
7
Ill.
Reg.
14289,
effective
October
12,
1983;
amended in R83—24 at 8
Ill. Reg.
206,
effective
December
27,
1983;
amended in R84—9
at
9
Ill. Reg. 11899,
effective July 24,
1985;
amended in
R85—22 at 10
Ill. Reg.
1110,
effective January
2,
1986; amended in R85—23 at
10 Ill.
Reg.
13284, effective July 28,
1986;
amended in R86-1 at
10
Ill. Reg.
14093, effective August 12,
1986;
amended in R86-19 at
10 Ill. Reg.
20702,
effective December 2,
1986; amended
in R86-28 at 11 Ill. Reg.
6121,
effective
March 24,
1987; amended
in R86—46 at 11
Ill. Reg.
13543, effective August
4,
1987; amended in R87—5 at
11
Ill. Reg.
19383, effective November 12,
1987;
amended in R87—26 at 12
Ill. Reg. 2584,
effective January 15,
1988; amended in
R87—39 at 12
Ill. Reg.
13069, effective July
29,
1988;
amended in R88—16 at 13
Ill.
Reg.
447, effective December 27,
1988; amended in R89—1 at
13
Ill. Reg.
18477, effective November 13,
1989;
amended in R89—9 at 14
Ill. Reg.
6278,
effective April
16,
1990;
amended in R90—2 at
14
Ill.
Reg.
14492, effective
August
22,
1990;
amended
in
R90—11
at
15
Ill.
Reg.
9616,
effective
June
17,
1991;
amended in R91—1 at 15
Ill.
Reg.
14554,
effective September 30,
1991;
amended in R91—13
at
16
Ill Reg. 9767,
effective June
9,
1992; amended in R92—
10 at 17
Ill.
Reg.
5774, effective March
26,
1993;
amended in R93—4 at
17
Ill.
Reg.
20794, effective November 22,
1993;
amended in R93—16 at
18
Ill. Reg.
6898,
effective April 26, 1994;
amended in R94—7 at
18
Ill. Reg.
________
effective
;
amended in R94—5 at
18 Ill. Reg.
effective
SUBPART
B:
PROHIBITIONS
Section 703.125
Reapplications
Any HWM facility with an effective permit shall submit a new application at
least 180 days before the expiration date of the effective permit,
unless
permission for a later date has been granted by the Agency.
(The Agency shall
not grant permission for applications to be submitted later than the
expiration date of the existing permit.)
-(--Be-ardOARD NeteQ.3~:
SeeDerived from
40 CFR 122.22(d)270.10(h)_(1992’).-)-
(Source:
Amended at
18
Ill.
Reg.
________,
effective
______________________
Section 703.126
Initial Applications
Except as provided in 703.Subpart
C, no person shall begin physical
construction of a new HWM facility without having submitted Part A and Part B
of the permit application and received a finally effective
RCRA
permit.
-(-BoardOARD Net-eQ~: SeeDerived from 40 CFR 122.22(a)
and
(b)270.10(fl(1)
(1992)
.-)-
(Source:
Amended at
18
Ill. Reg.
_______,
effective
_________________
SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS
Section 703.140
Purpose and Scope
a)
The Sections of this Subpart are divided into two groups:
1)
Section 703.141,
Permits by Rule;
and
2)
Sections 703.151 through 703.158, relating to interim
46
status;
b)
The interim status rules correspond to those portions of 40 CFR
122.21,
122.22
and 122.23270, Subpart G, which relates to interim
status.
Other portions of the federal rules may be found in
703.Subpart B.
The intent
is to group the interim status rules so
they
can
be
more
easily
ignored
by those to whom they do not
apply, and so they can be conveniently repealed after the interim
status period.
(Source:
Amended at 18
Ill. Reg.
________,
effective
______________________
Section 703.154
Prohibitions During Interim Status
During the interim status period the facility shall not:
a)
Treat,
store, or dispose of hazardous waste not specified in Part
A of the permit application;
b)
Employ
processes
not
specified
in
Part
A
of
the
permit
application;
C)
Exceed the design capacities specified in Part A of the permit
application.
-(-Bee*~OARD
NeteOTE:
SeeDerived from 40 CFR l22.23(b)270.71(a)
(1992)
.-)-
(Source:
Amended at 18
Ill.
Reg.
________,
effective
_____________________
Section 703.156
Interim
Status
Standards
During interim status, owners or operators shall comply with the interim
status standards at 35
Ill. Adm. Code 725.
+Bea~4OARD
NeteOTE:
SeeDerived
from
40
CFR
122.23(d)270.71(b)_(1992).-)-
(Source:
Amended at 18
Ill. Reg.
________,
effective
_____________________
Section 703.158
Permits for Less Than an Entire Facility
The Agency may issue or deny
a permit for one or more units at a facility
without simultaneously
issuing or denying a permit to all of the units at the
facility.
The interim status of any unit for which
a permit has not been
issued or denied is not affected by the issuance or denial of
a permit to any
other unit
at the
facility.
BOARD
NOTE:
Derived from 40 CFR 270.1(c)(4)
(1992).
(Source:
Amended at 18 Ill.
Reg.
________,
effective
_____________________
SUBPART
D: APPLICATIONS
Section 703.184
Facility Location Information
a)
In order to show compliance with the facility location
requirements of Section 21(1)
of the Environmental Protection Act,
the owner or operator shall include the following information, or
a demonstration that Section 21(1) does not apply:
1)
Location
of
any
active
or
inactive
shaft
or
tunneled
mine
47
below the facility;
2)
Location of any active faults in the earth’s crust within
2
miles of the facility boundary;
3)
Location of existing private wells or existing sources of a
public water supply within 1000 feet of any disposal unit
boundary;
4)
Location of the corporate boundaries of any municipalities
within one and one—half miles of the facility boundary;
fBoardOARD Ne~eO~:
Subsections
(a)(1),
(a)(2),
(a)(3), and
(a)(4)
above request information necessary to allow the
Agency to determine the applicability of Section 21(1)
of
the Environmental Protection Act requirements.
These
provisions are not intended to modify the requirements of
the Act.
For example, the operator
is required to give the
location of wells on its own property, even though the
Agency might find that these do not prohibit the site
location.-)-
5)
Documentation
showing
approval
of
municipalities if such
approval
is required by Section 21(1)
of the Environmental
Protection Act;
C)
Owners
and
operators
of
all
facilities
shall
provide
an
identification
of
whether
the
facility
is
located
within
a
3.00-year floodplain.
This
identification must indicate the source
of data for such determination and include a copy of the relevant
flood map produced by the Federal Emergency Management Agency,
National Flood Insurance Program (NFIP),
if used,
or the
calculations and maps used where a NFIP map is not available.
Information
must
also
be
provided
identifying
the 100-year flood
level and any other special flooding factors
(e.g., wave action)
whichthat must be considered in designing, constructing,
operating, or maintaining the facility to withstand washout from a
100-year flood;
+BOardOARD
NeteOTE:
NFIP
maps
are
available
as
follows:
Flood
Map Distribution Center, National Flood Insurance Program, Federal
Emergency Management Agency,
6930
(A—F)
San Tomas Road,
Baltimore,
MD
21227—6227.
800/638—6620;
and,
Illinois Floodplain Information
Depository, State Water Survey,
514 WSRC, University of Illinois,
Urbana,
IL 61801.
217/333—0447.-)-_
(Board Note,
Where NFIP maps are available, they will normally be
determinative of whether a facility
is
located within or outside
of the 100-year flood plain.
However, where the NFIP map excludes
an area
(usually areas of the flood plain less than 200 feet in
width),
these areas must be considered and a determination made
as
to whether they are in the 100—year floodplain.
Where NFIP maps
are not
available for a proposed facility location,
the owner or
operator shall use equivalent mapping techniques to determine
whether
the
facility
is within the 100—year floodplain, and if so
located,
what
the
100—year
flood
elevation
is.+
d)
Owners
and
operators
of
facilities
located
in
the
100—year
floodplain shall provide the following information:
1)
Engineering analysis to indicate the various hydrodynamic
and hydrostatic forces expected to result
at the site as
a
48
consequence of a 100—year flood;
2)
Structural or other engineering studies showing the design
of operational units
(e.g.,
tanks,
incineratorB)
and flood
protection devices
(e.g.,
floodwalls,
dikes)
at the facility
and how these will prevent washout;
3)
If applicable,
and in lieu of subsections
(d)(1)
and
(d)(2)
above,
a detailed description of procedures to be followed
to remove hazardous waste to safety before the facility is
flooded,
including:
A)
Timing of such movement relative to flood levels,
including estimated time to move the waste,
to show
that such movement can be completed before floodwaters
reach the
facility;
B)
A description of the locations to which the waste will
be moved and demonstration that those facilities will
be eligible to receive hazardous waste in accordance
with 35 Ill.
Adm. Code 702,
703, 724, and 725;
C)
The planned procedures, equipment, and personnel to be
used
and
the
means
to
ensure
that
such
resources
will
be available in time for use;
D)
The potential for accidental discharges of the waste
during movement;
(Board
Note:
Derived
from
40
CFR
270.14(b)(l1)(iv)
(1988).
e)
Owners and operators of existing facilities not
in compliance with
35
Ill. Adm. Code 724.118(b)
shall provide
a
plan
showing
how
the
facility will be brought into compliance and
a schedule for
compliance.
Such owners
and operators shall file a concurrent
variance
petition
with
the
Board;
flthrird Note,
Dorivod from
40
CFR
270.14(b)(l1)(v)
(1988\.
f)
Owners or operators of new regional pollution control
facilities,
as defined in Section 3 of the Environmental Protection Act,
shall
provide documentation showing site location suitability from the
county board or other governing body as provided by Section 39(c)
and 39.2 of that Act.
+BoardOARD
NeteOTE:
SeeSubsections
(b) through
(e) derived from
40 CFR 122.25(a)(11)270.l4(b)(3.3.(iij)
through
(b)(11)(v)
(1992’)~
The Board has not codified an equivalent to
40 CFR
270.14(b) (ll)(i)
and
(b) (11)(ii). relating to certain seismic
zones not located within
Illinois.-)-
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 703.186
Exposure Information
a)
Any Part
B permit application submitted by an owner or operator of
a
facility
that
stores,
treats,
or
disposes
of
hazardous waste in
a surface impoundment
or a landfill must be accompanied by
information, reasonably ascertainable by the owner or operator,
on
the potential for the public to be exposed to hazardous wastes or
hazardous constituents through releases related to the unit.
~.t a
49
minimum,
such information must address:
1)
Reasonably foreseeable potential releases from both normal
operations and accidents at the unit,
including releases
associated with transportation to or from the unit;
2)
The potential pathways of human exposure to hazardous wastes
or constituents resulting from the releases described under
subsection
(a)(1) above
and-,-
2)
The potential magnitude and nature of the human exposure
resulting from such releases.
b)
By August
8,
1985, owners and operators of
a landfill or a surface
impoundment who have already submitted a Part B application must
submit the exposure information required in subsection
(a).
.(.BoardOARD
NeteO~:
SeeDerived from 40 CFR 270.10~(j) (1992).+
(Source:
Amended at 18
Ill. Reg.
_______,
effective
_____________________
Section 703.200
Specific Part
B Application Information
Additional information
is required in the Part
B application by the following
Sections from owners or operators of specific types of TSD unit:
a)
Containers (Section 703.201);
b)
Tanks
(Section 703.202);
c)
Surface impoundments
(Section 703.203);
d)
Waste piles
(Section 703.204);
e)
Incinerators
(Section 703.205);
f)
Land
treatment
(Section
703.206);
g)
Landfills
(Section 703.207).
f.BoardOARD
NeteOTE:
SeeDerived
in
Part
from
40
CFR
~1-2-2.25.(b)270.l4(a)__(1992).-)-
(Source:
Amended at
18
Ill. Reg.
________,
effective
_____________________
Section 703.201
Containers
For facilities that store containers of hazardous waste,
except as otherwise
provided in
35
Ill. Adm. Code 724.270, the
Part
B application must
include:
a)
A description of the
containment
system to demonstrate compliance
with
35
Ill.
Adm.
Code 724.275.
Show at
least the following:
1)
Basic design parameters, dimensions, and materials of
construction;
2)
How
the
design
promotes
drainage
or
how containers are kept
from
contact
with
standing
liquids
in
the
containment
system;
3)
Capacity
of
the
containment
system
relative
to
the
number
and volume of containers to be stored;
50
4)
Provisions for preventing or managing run—on;
5)
How accumulated liqujds can be analyzed and removed to
prevent overflow;
b)
For storage areas that store containers holding wastes that do not
contain free liquids, a demonstration of compliance with 35
Ill.
Adm.
Code 724.275(c),
including:
1)
Test procedures and results or other documentation or
information to show that the wastes do not contain free
liquids; and
2)
A description of how the storage area
is designed or
operated to drain and remove liquids or how containers
are
kept from contact with standing liquids;
C)
Sketches, drawings, or data demonstrating compliance
with
35
Ill.
Adm.
Code 724.276
(location of buffer zone and containers holding
ignitable or reactive wastes) and Section 724.277(c)
(location
of
incompatible wastes), where applicable,
d)
Where incompatible wastes are stored or otherwise managed
in
containers,
a description of the procedures used to ensure
compliance with
35
Ill.
Adm.
Code
724.117(b)
and
(c)-,-
and
724.277(a)
and
(b).
+BoardOARD
NeteOTE:
SeeDerived from 40 CFR 122.25(b)(1)270.15
(1992)
.-)-
(Source:
Amended at
18
Ill.
Reg.
________,
effective
_____________________
Section 703.205
Incinerators that Burn Hazardous Waste
For facilities that incinerate hazardous waste,
except
as
35
Ill.
Adm.
Code
724.440 provides otherwise,
the applicant must fulfill the requirements of
p-aragraphsubsections
(a),
(b), or
(c)
below in completing the Part
B
application:
a)
When seeking exemption under 35
Ill.
Adm.
Code 724.440(b)
or
(c)
(ignitable,
corrosive, or reactive wastes only):
1)
Documentation
that
the waste
is listed as
a hazardous waste
in
35
Ill.
Adrn.
Code 721-,--,Subpart D solely because it
is
ignitable (Hazard Code I),
corrosive (Hazard Code C),
or
both; or
2)
Documentation that the waste
is
listed as
a hazardous waste
in 35
Ill.
Adm.
Code 721-,---,Subpart
D
solely because
it
is
reactive (Hazard Code R)
for characteristics other than
those listed
in 35 Ill.
Adm.
Code 721.123(a) (4)
and j~j(5),-
and will not be burned when other hazardous wastes are
present
in the combustion zone;
or
3)
Documentation that the waste is
a hazardous waste solely
because
it possesses the characteristic of ignitability or
corrosivity,
or both,
as determined by the tests
for
characteristics of hazardous wastes under
35
Ill.
Adm.
Code
72-,-—,Subpart
C; or
4)
Documentation that the waste
is
a hazardous waste solely
because
it possesses the reactivity characteristics listed
5.
in 35
Ill. Adm.
Code 721.123(a)(1)-,- (2),through jLJ.(3)T._Q~
j~J(6)-,-
-(7)
orthrough
j~J.(8)-,-
and that
it will not be burned
when other hazardous wastes are present in the combustion
zone; or
b)
Submit a trial burn plan or the results of a trial burn,
including
all required determinations,
in accordance with Section 703.222 et
seq.; or
c)
In lieu of a trial burn,
the applicant may submit the following
information:
1)
An analysis of each waste or mixture of wastes to be burned
including:
A)
Heat value of the waste in the form and composition in
which it will be burned;
B)
Viscosity
(if
applicable)-,- or description of physical
form of the waste;
C)
An identification of any hazardous organic
constituents listed in 35
Ill.
Adm.
Code
721-,-
,Appendix
H-,- whiohthat are present
in the waste to be
burned,
except that the applicant need not analyze for
constituents listed in 35
Ill.
Adm.
Code
721-,-
,Appendix H whiohthat would reasonably not be expected
to be found in the waste.
The constituents excluded
from
analysis
must
be identified and the basis for
their exclusion stated.
The waste analysis must rely
on analytical techniques
specified in “Test Methods
for the Evaluation of Solid Waste, Physical/Chemical
Methods”
(incorporated by reference,
see Section
703.110 and referenced in 35
Ill.
Adm. Code
721-,-
,Appendix C), or their equivalent;
D)
An
approximate
quantification
of
the
hazardous
constituents identified in the waste, within the
precision
produced
by
the
analytical methods specified
in
“Test
Methods
for
the Evaluation of Solid Waste,
Physical/Chemical
Methods”
(incorporated
by
reference,
see Section 703.110);
E)
A quantification of those hazardous constituents in
the waste whichthat may be designated as POHCs based
on data submitted from other trial or operational
burns whiohthat demonstrate compliance with the
performance standard in 35
Ill.
Adm. Code 724.443;
2)
A detailed engineering description of the incinerator,
including:
A)
Manufacturer’s name and model number of incinerator;
B)
Type of
incinerator;
C)
Linear dimension of incinerator unit including cross
sectional area of combustion
chamber;
D)
Description of auxiliary fuel
system
(type/feed);
E)
Capacity of prime mover;
52
F)
Description of automatic waste feed cutoff system(s);
G)
Stack gas monitoring and pollution control monitoring
system;
H)
Nozzle and burner design;
I)
Construction materials;
J)
Location and description of temperature, pressure and
flow indicating devices
and control devices;
3)
A description and analysis of the waste to be burned
compared with the waste for which data from operational or
trial burns are provided to support the contention that a
trial burn is not needed.
The data should include those
items listed in paragrapheubsection (c)(1)
above.
This
analysis should specify the POHC5 whichthat the applicant
has identified in the waste for which a permit
is sought,
and any differences
from the POHCs in the waste for which
burn data are provided;
4)
The design
and operating conditions of the incinerator unit
to be used,
compared with that for which comparative burn
data are available;
5)
A description of the results submitted from any previously
conducted trial burn(s)
including:
A)
Sampling and analysis techniques used to calculate
performance
standards
in
35
Ill. Adm. Code 724.443;
B)
Methods and results of monitoring temperatures, waste
feed rates,
carbon monoxide and an appropriate
indicator
of
combustion
gas
velocity
(including
a
statement
concerning
the
precision
and
accuracy
of
this measurement);
C)
The certification and results required by
paragraphsubsection
(b) above
6)
The expected incinerator operation information to
demonstrate compliance with 35
Ill. Adm.
Code 724.443 and
724. 445 including:
A)
Expected carbon monoxide
(CO)
level
in the stack
exhaust gas;
B)
Waste feed rate;
C)
Combustion
zone
temperature;
D)
Indication of combustion gas velocity;
E)
Expected stack gas volume,
flow rate, and temperature;
F)
Computed
residence
time
for
waste
in
the
combustion
zone;
G)
Expected hydrochloric acid removal efficiency;
H)
Expected
fugitive
emissions
and
their
control
53
procedures;
I)
Proposed waste feed cut-off limits based on the
identified significant operating parameters;
7)
The Agency may, pursuant to
35
Ill. Adm. Code 705.122,
request such additional information as may be necessary for
the Agency to determine whether the incinerator meets the
requirements of
35
Ill. Adm.
Code
724-,----,Subpart
0-,. and what
conditions are required by that Subpart and Section 39(d) of
the Environmental Protection Act;
8)
Waste analysis data,
including that submitted
in
paragraphsubsection (c)(1) above,
sufficient to allow the
Agency to specify as permit Principal Organic Hazardous
Constituents
(permit POHC5)
those constituents for which
destruction and removal efficiencies will be required;
d)
The Agency shall approve a permit application without
a trial burn
if
it
finds
that:
1)
The wastes are sufficiently similar; and
2)
The incinerator units are sufficiently similar,
and the data
from other trial burns are adequate to specify (under
35
Ill. Adm.
Code 724.445) operating conditions that will
ensure that the performance standards in_35 Ill.
Adm. Code
724.443 will be met by the incinerator.
-(-BoardOARD NeteQ2~:
Ccc Derived from 40 CFR
122.25(b)(5)270.19
(1992’),,
as amended at
58
Fed.
Req. 46051
(Aug.
31,
1993’).-)-
(Source:
Amended at 18
Ill. Reg.
________,
effective
______________________
Section 703.206
Land Treatment
For facilities that use land treatment to dispose of hazardous waste,
except
as otherwise provided in
35
Ill.
Adrn.
code 724.101, the Part
B application
must include:
a)
A description of plans to conduct treatment demonstration as
required under 35
Ill. Adm.
Code 724.372.
The description must
include the following information:
1)
The wastes for which the demonstration will be made and the
potential hazardous constituents in the wastes;
2)
The
data
sources
to
be
used
to
make
the
demonstration
(e.g.,
literature,
laboratory data,
field-,- data, or operating
data);
3)
Any specific laboratory or field test that will be
conducted,
including:
A)
the
type
of
test
(e.g., column leaching, degradation);
B)
materials and methods,
including analytical
procedures;
C)
expected time for completion;
54
D)
characteristics of the unit that will be simulated in
the demonstration,
including treatment zone
characteristics, climatic conditions and operating
practices;
b)
A description of a land treatment program,
as required under
35
Ill. Adm. Code 724.371.
This information must be submitted with
the plans for the treatment demonstration,
and updated following
the treatment demonstration.
The land treatment program must
address the following items:
1)
The wastes to be land treated;
2)
Design measures and operating practices necessary to
maximize treatment in accordance with 35
Ill.
Adm.
Code
724.373(a)
including:
A)
Waste application method and rate;
B)
Measures to control soil PH;
C)
Enhancement of microbial or chemical reactions;
D)
Control of moisture content;
3)
Provisions
for unsaturated zone monitoring,
including:
A)
Sampling equipment, procedures, and frequency;
B)
Procedures for selecting sampling locations;
C)
Analytical procedures;
D)
Chain of custody control;
E)
Procedures
for establishing background values;
F)
Statistical methods for interpreting results;
G)
The justification for any hazardous constituents
recommended
for
selection
as
principal
hazardous
constituents,
in
accordance
with
the
criteria
for
such
selection in 35
Ill.
Adm. Code 724.378(a);
4)
A
list
of hazardous constituents reasonably expected to be
in,
or derived from,
the wastes to be land treated based on
waste
analysis
performed
pursuant
to
35
Ill.
Adm.
Code
724.113;
5)
The proposed dimensions of the treatment zone;
c)
A
description
of
how
the
unit
is
or
will
be
designed,
constructed,
operated and maintained in order to meet the requirements of 35
Ill.
Adm.
Code 724.373.
This submission must address the
following
items:
1)
Control of run—on;
2)
Collection and control of run-off;
3)
Minimization of run—off of hazardous constituents
from the
treatment
zone;
55
4)
Management of collection and holding facilities associated
with
run—on
and
run—off
control
systems;
5)
Periodic inspection of the unit.
This information should be
included
in
the
inspection
plan
submitted
under
Section
703.183(e);
6)
Control of wind dispersal of particulate matter,
if
applicable;
d)
If food—chain crops are to be grown in or on the treatment zone of
the land treatment unit,
a description of how the demonstration
required under
35
Ill.
Adm. Code 724.376(a)
will be conducted
including:
1)
Characteristics of the food-chain crop for which the
demonstration will be made;
2)
Characteristics of the waste, treatment zone, and waste
application method and rate to be used in the demonstration;
3)
Procedures
for crop growth,
sample collection,
sample
analysis, and data evaluation;
4)
Characteristics of the comparison crop including the
location and conditions under which it
was
or
will
be
grown;
e)
If food—chain crops are to be grown-, and cadmium is present in the
land-treated waste-,- a description of how the requirements of 35
Ill.
Adm.
Code 724.376(b) will be complied with;
f)
A description of the vegetative cover to be applied to closed
portions
of
the facility-, and a plan for maintaining such cover
during the post—closure care period, as required under
35
Ill.
Adm. Code 724.380(a) (8)
and (c)(2).
This information should be
included in the closure plan
and, where applicable,
the
post—closure care plan submitted under Section 703.183(m);
g)
If
ignitable or reactive wastes will be placed in or on the
treatment
zone,
an explanation of how the requirements of
35
Ill.
Adm.
Code 724.381 will be complied with;
h)
If incompatible wastes-, or incompatible wastes and materials-, will
be
placed
in
or
on
the
same
treatment
zone,
an explanation of how
35
Ill. Adm. Code 724.382 will be complied with.
i)
A
waste
management
plan
for
hazardous waste numbers F020,
F02l,
F022,
F023,
F026,
and
F027
describing
how
a
land
treatment
facility
is
or
will
be
designed,
constructed,
operated,
and
maintained to meet the requirements of
35
Ill.
Adm.
Code 724.383.
This submission must address the following items as specified in
that Section:
1)
The volume, physical, and chemical characteristics
of the
wastes, including their potential to migrate through soil or
to volatilize or escape into the atmosphere;
2)
The attenuative properties of underlying and surrounding
soils or other materials;
3)
The mobilizing properties of other materials co—disposed
with
these
wastes;
and
56
4)
The effectiveness of additional treatment,
design, or
monitoring techniques.
+BoardOARD
NeteOTE:
SeeDerived from 40 CFR -270.20J~92I.+
(Source:
Amended at 18 Ill. Reg.
________,
effective
______________________
Section 703.208
~p~ai.~i.u
z-ar~
~
Information Requirements for BoilerB and
Industrial Furnaces Burning Hazardous Waste
a)
Trial burns.
1)
General.
Except as provided below,
owners and operators
that are subject to the standards to control organic
emiBsions provided by 35
Ill.
Adm.
Code 726.204,
standards
to control particulate matter provided by 35
Ill.
Adm.
Code
726.205, Btandards to control metals emissions provided by
35
Ill. Adm. Code 726.206,
or standards to control hydrogen
chloride
(HC1)
or chlorine gas emissions provided by 35
Ill.
Adm. Code 726.207 shall conduct a trial burn to demonstrate
conformance
with
those standards and shall submit a trial
burn plan or the results of
a trial burn,
including all
required determinations,
in accordance with Section 703.232.
A)
Under subsection
(a)(2) through ji).(5) below and
35
Ii..
Mm.
Code 726.204 through 726.207, the Agency may
waive a trial burn to demonstrate conformance with a
particular emission standard;
and
B)
The owner or operator may submit date~,in lieu of a
trial burn,
as prescribed in subsection
(a)(6)-,- below.
2)
Waiver of trial burn of
DRE
(destruction removal
efficiency).
A)
Boilers operated under special operating requirements.
When
seeking
to
be
permitted
under
35
Ill.
Adm.
Code
726.204(a)(4)
and 726.210, thatwhich automatically
waive the
DRE
trial burn,
the owner or operator of
a
boiler shall submit documentation that the boiler
operates under the special operating requirements
provided by 35
Ill.
Adin.
Code 726.210.
B)
Boilers and industrial furnaces burning low risk
waste.
When seeking to be permitted under the
provisions for low risk waste provided by 35
Ill.
Adm.
Code
726.204(a) (5)
and 726.209(a),, thatwhich waive
the
DRE
trial burn,
the owner or operator shall
submit:
i)
Documentation that the device
is operated in
conformance with the requirements of 35
Ill.
Adm.
Code 726.209(a) (1).
ii)
Results of analyses of each waste to be burned,
documenting the concentrations of nonmetal
compounds listed in 35
Ill.
Adm.
Code
721.Appendix H, except
for those constituents
that would reasonably not be expected to be in
the waste.
The constituents excluded from
analysis must be
identified and the basis for
their exclusion explained.
The analysis must
57
rely on analytical techniques specified in Test
Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods (incorporated by
reference,
see 35
Ill.
Adm.
Code 720.111)
iii)
Documentation of hazardous waste firing rates
and calculations of reasonable, worst—case
emission rates of each constituent
identified in
subsection
(a)(2)(B)(ii)-,-
above-,- using
procedures provided by
35
Ill.
Adm.
Code
726.209(a) (2) (B).
iv)
Results of emissions dispersion modeling for
emissions identified
in subsection
(a)(2)(B)(iii)-,- above-, using modeling procedures
prescribed by
35
Ill.
Adxn.
Code 726.206(h).
The
Agency shall review the emission modeling
conducted by the applicant to determine
conformance with these procedures.
The Agency
Bhall either approve the modeling or determine
that alternate or supplementary modeling
is
appropriate.
v)
Documentation that the maximum annual average
ground level concentration of each constituent
identified
in subsection
(a) (2)(B) (ii)-, above-,
quantified
in conformance with subsection
(a)(2)(B)(iv)-,- above-, does not exceed the
allowable ambient level established in 35
Ill.
Adm. Code 726.Appendieee~D or E.
The
acceptable ambient concentration for emitted
constituents for which
a specific reference air
concentration has not been established in
35
Ill. Adm.
Code 726.Appendix D or risk-Bpecific
does has not been established
in
35
Ill.
Mm.
Code 726.Appendix E
is 0.1 micrograms per cubic
meter,
as noted in the footnote to 35 Ill.
Adm.
Code 726.Appendix D.
3)
Waiver of trial burn for metals.
When seeking to be
permitted under the Tier
I
(or adjusted Tier
I) metals
feed
rate screening
limits provided by 35
Ill. Adm. Code
726.206(b)
and
(e) that control metals emissions without
requiring a trial burn,
the owner or operator shall submit:
A)
Documentation of the feed rate of hazardous waste,
other fuels, and industrial furnace feed stocks;
B)
Documentation of the concentration of each metal
controlled by
35
Ill.
Adm. Code 726.206(b)
or
(c)
in
the hazardous waste,
other fuels and industrial
furnace feedstocks,
and calculations of the total feed
rate
of each metal;
C)
Documentation of how the applicant will ensure that
the
Tier
I
feed
rate
screening limits provided by
35
Ill.
Adm.
Code
726.206(b)
or
(e)
will
not
be
exceeded
during the averaging period provided by that
subsection;
D)
Documentation
to
support
the
determination
of
the
TESH
(terrain—adjusted effective stack height), good
58
engineering practice stack height, terrain
type,
and
land use as provided by 35
Ill. Mm. Code
726.206(b)(3)
through
(5);
E)
Documentation of compliance with the provisions of
35
Ill. Adm. Code 726.206(b)(6),
if applicable,
for
facilities with multiple stacks;
F)
Documentation that the facility does not fail the
criteria provided by
35
Ill.
Adm. Code 726.206(b) (7)
for eligibility to comply with the screening limits;
and
G)
Proposed sampling and metals analysis plan for the
hazardous waste,
other fuels, and industrial furnace
feed stocks.
4)
Waiver of trial burn for PM
(particulate matter).
When
seeking to be permitted under the low risk waste provisions
of 35 Ill. Mm. Code 726.209(b), which waives the
particulate standard (and trial burn to demonstrate
conformance with the particulate standard), applicants shall
submit documentation supporting conformance with subsection~
(a)(2)(B)
and
(a)(3)-, above.
5)
Waiver of trial burn for HC1 and chlorine gas.
When seeking
to be permitted under the Tier
I
(or adjusted Tier
I)
feed
rate screening limits for total chlorine and chloride
provided by 35
Ill.
Adm.
Code 726.207(b)(1)
and
(e)
that
control emissions by HC1 and chlorine gas without requiring
a trial burn,
the owner or operator shall submit:
A)
Documentation of the feed rate of hazardous waste,
other
fuels,
and industrial furnace feed stocks;
B)
Documentation of the levels of total chlorine and
chloride in the hazardous waste, other fuels and
industrial
furnace feedstocks, and calculations of the
total
feed rate of total chlorine and chloride;
C)
Documentation of how the applicant will ensure that
the
Tier
I
(or
adjusted
Tier
I)
feed rate screening
limits
provided
by
35
Ill.
Adm.
Code
726.207(b)(1)
or
(e) will not be exceeded during the averaging period
provided by that subsection;
D)
Documentation to support the determination of the
TESH, good engineering practice stack height,
terrain
type and land use as provided by 35
Ill. Adm. Code
726.207(b) (3).
E)
Documentation
of
compliance
with
the provisions of
35
Ill.
Adm. Code 726.207(b)(4),
if applicable,
for
facilities with multiple stacks;
F)
Documentation
that
the
facility
does
not
fail
the
criteria
provided
by
35
Ill.
Adm.
Code
726.207(b)
(3)
for
eligibility
to
comply
with
the screening limits;
and
G)
Proposed sampling and analysis plan for total chlorine
and chloride for the hazardous waste,
other fuels,
and
59
industrial furnace feedatocks.
6)
Data
in lieu of trial burn.
The owner or operator may seek
an exemption from the trial burn requirements to demonstrate
conformance with Section 703.232 and 35
Ill. Adm. Code
726.204 through 726.207 by providing the information
required by Section 703.232 from previous compliance testing
of the device in conformance with 35 Ill.
Adm.
Code
726.203-,-
or from compliance testing or trial or operational burns of
similar boilers or industrial furnaces burning similar
hazardous wastes under similar conditions.
If data from a
similar device
is used to support a trial burn waiver, the
design and operating information required by Section 703.232
from previous compliance testing of the device in
conformance with 35
Ill.
Adm.
Code 726.203, or from
compliance testing or trial or operational burns of similar
boilers or industrial furnaces burning similar hazardous
wastes under similar conditions.
If data from a similar
device is used to support a trial burn waiver, the design
and operating information required by Section 703.232 must
be provided for both the similar device and the device to
which the data is to be applied, and
a comparison of the
design and operating information must be provided.
The
Agency shall approve a permit application without a trial
burn
if the Agency finds that the hazardous wastes are
sufficiently similar, the devices are sufficiently similar,
the operating conditions are sufficiently similar,
and the
data from other compliance tests,
trial burns,
or
operational burns are adequate to specify
(under 35 Ill.
Adm.
Code 726.102) operating conditions that will ensure
conformance
with
35
Ill. Adm. Code 726.102(c).
In addition,
the following information shall be submitted:
A)
For a waiver from any trial burn:
i)
A description
and
analysis
of
the hazardous
waste to be burned compared with the hazardous
waste for which data from compliance testing or
operational or trial burns are provided to
support the contention that
a trial burn
is not
needed;
ii)
The design and operating conditions of the
boiler or industrial
furnace to be used,
compared with that for which comparative burn
data are available; and
iii)
Such supplemental information as the Agency
finds necessary to achieve the purposes of this
subsection.
B)
For
a waiver of the
DRE
trial burn,
the basis for
selection of POHC5 (principal organic hazardous
constituents)
used
in the other trial or operational
burns which demonstrate compliance with the ORE
performance standard in
35
Ill. Adm. Code 726.204(a).
This
analysis
should
specify
the constituents in 35
Ill.
Adm.
Code 721.Appendix
H-,-
that
the
applicant
has
identified
in the hazardous waste for which a permit
is
sought-, and any differences from the POHC5 in the
hazardous waste for which burn data are provided.
60
b)
Alternative MC limit for industrial furnaces with organic matter
in raw materials.
Owners and operators of industrial furnaces
requesting an alternative MC limit under
35
Ill. Adm. Code
726.204(f)
shall submit the following information
at a minimum:
1)
Documentation that the furnace
is designed and operated to
minimize MC emissions from fuels and raw materials;
2)
Documentation of the proposed baseline flue gas HC (and CO)
concentration,
including data on MC (and CO)
levels during
tests when the facility produced normal products under
normal operating conditions from normal raw materials while
burning normal fuels and when not burning hazardous waste;
3)
Test burn protocol to confirm the baseline MC (and CO) level
including information on the type and flow rate of all
feedetreams,
point of introduction of all feed-streams, total
organic carbon content
(or other appropriate measure of
organic content) of all nonfuel feedstrearns,
and operating
conditions that affect combustion of fuel(s)
and destruction
of hydrocarbon emissions from nonfuel sources;
4)
Trial burn plan to:
A)
Demonstrate that flue gas MC
(and CO) concentrations
when burning hazardous waste do not exceed the
baseline MC (and CO)
level;
and
B)
Identify,
in conformance with Section 703.232(d), the
types and concentrations of organic compounds listed
in 35 Ill.
Adm.
Code 721.Appendix H that are emitted
when burning hazardous waste;
5)
Implementation plan to monitor over time changes in the
operation of the facility that could reduce the baseline HC
level and procedures to periodically confirm the baseline HC
level;
and
6)
Such other information as the Agency finds necessary to
achieve the purposes of this subsection.
c)
Alternative metals implementation approach.
When seeking to be
permitted under an alternative metals implementation approach
under 35
Ill.
Adm.
Code 726.206(f),
the owner or operator shall
submit documentation specifying how the approach ensures
compliance with the metals emissions standards of
35
Ill.
Ad-rn.
Code 726.106(c)
or
(d) and how the approach can be effectively
implemented and monitored.
Further, the owner or operator shall
provide such other information that the Agency finds necessary to
achieve the purposes of this subsection.
d)
Automatic waste feed cutoff
system.
Owners and operators shall
submit information describing the automatic waste feed cutoff
system,
including any pre—alarm systems that may be used.
e)
Direct transfer.
Owners and operators that use direct transfer
operations to feed hazardous waste from transport vehicles
(containers, as defined in 35
Ill.
Adm.
Code 726.211) directly to
the boiler or industrial furnace shall submit information
supporting conformance
with
the
standards
for
direct
transfer
provided by 35
Ill. Adm.
Code 726.211.
6.
f)
Residues.
Owners and operators that claim that their residues are
excluded from regulation under the provisions of
35
Ill. Adm. Code
726.212
shall
submit
information
adequate
to
demonstrate
conformance with those provisions.
BOARD
NOTE:
Derived from 40 CFR 270.22
(1992).
(Source:
Amended at
18
Ill. Reg.
_______,
effective
_____________________
Section 703.210
Process Vents
Except as otherwise provided in
35
Ill.
Adm. Code 724.101,
owners and
operators of
facilities which have process vents to which 35 Ill.
Adm. Code
724.Subpart AR applies shall provide the following additional
information:
a)
For facilities which cannot install
a closed—vent system and
control device to comply with 35
Ill.
Adm.
Code 724.Subpart
AR-,- on
the effective date on which the facility becomes subject to that
Subpart or
35
Ill.
Adm. Code 725.Subpart AR, an implementation
schedule as specified in 35
Ill. Adm. Code 724.933(a) (2).
b)
Documentation of compliance with the process vent standards in
35
Ill. Adm.
Code 724.932,
including:
1)
Information and data identifying all affected process vents,
annual throughput and operating hours of each affected unit,
estimated emission rates for the affected vent and for the
overall facility (i.e.,
the total emissions for all affected
vents
at the facility), and the approximate location within
the
facility
of
each
affected
unit
(e.g.,
identify the
hazardous waste management units on a facility plot plan)-~.~
2)
Information and data supporting estimates of vent emissions
and emission reduction achieved by add—on control devices
based on engineering calculations or source tests.
For the
purpose of determining compliance, estimates of vent
emissions and emission reductions must be made using
operating parameter values
(e.g.,
temperatures,
flow rates,
or concentrations) whiohthat represent the conditions
whiohthat exist when the waste management unit
is operating
at the highest load or capacity level reasonably expected to
occur-~-j
3)
Information and
data
used
to determine whether or not
a
process vent
is subject to 35
Ill.
Ad-rn.
Code 724.932.
c)
Where an owner or operator applies for permission to use a control
device other than a thermal vapor incinerator,
catalytic vapor
incinerator,
flare, boiler,
process heater, condenser, or carbon
adsorption system to comply with 35
Ill.
Adm.
Code
724.932,
and
chooses to use test data to determine the organic removal
efficiency or the total organic compound concentration achieved by
the
control
device,
a
performance
test
plan
as specified
in 35
Ill.
Ad-rn. Code 724.935(b)(3).
d)
Documentation of compliance with 35
Ill.
Ad-rn.
Code 724.933,
including:
1)
A list of all information references and sources used in
preparing the documentation.
2)
Records
including the dates of each compliance test required
62
by
35
Ill.
Ad-rn.
Code 724.933(k).
3)
A design analysis,
specifications,
drawings,
schematics,
and-
piping, and instrumentation diagrams based on the
appropriate
sections
of
APTI
Course
415,
incorporated
by
reference in 35
Ill. Adm. Code 720.111,
or other engineering
texts approved by the Agency which present basic control
device design information.
The design analysis must address
the vent stream characteristics and control device
parameters as specified in 35
Ill.
Ad-rn.
Code
724.935(b) (4) (C).
4)
A statement signed and dated by the owner or operator
certifying that the operating parameters used in the design
analysis reasonably represent the conditions which exist
when the hazardous waste management unit is or would be
operating at the highest load or capacity level reasonably
expected to occur.
5)
A statement signed and dated by the owner or operator
certifying that the control device is designed to operate at
an efficiency of
95 weight percent or greater unless the
total organic emission limits of 35
Ill.
Ad-rn.
Code
724.932(a) for affected process vents at the facility can be
attained by a control device involving vapor recovery at
an
efficiency less than 95 weight percent.
BOARD
NOTE:
Derived from 40 CFR 270.24
(1992).
(Source:
Amended at 18 Ill.
Reg.
_______,
effective
_____________________
Section 703.211
Equipment
Except as otherwise provided in 35
Ill.
Ad-rn.
Code
724.101, owners
and
operators of facilities which have equipment to which
35
Ill.
Adrn
Code
724.Subpart EB applies shall provide the following additional information:
a)
For each piece of equipment to which 35
Ill.
Ad-rn.
Code 724.Subpart
BB applies:
1)
Equipment identification number and hazardous waste
management
unit
identification~-j.
2)
Approximate locations within the facility
(e.g.,
identify
the hazardous waste management unit on a facility plot
plan)-rj
3)
Type
of
equipment
(e.g.,
a
pump
or
pipeline
valve)-r~
4)
Percent by weight total organics
in the hazardous
wastestreani at the equipment.
5)
Hazardous waste state at the equipment
(e.g., gas/vapor or
liquid)-~-; and
6)
Method of compliance with the standard (e.g.,
“monthly leak
detection and repair” or
“equipped
with
dual
mechanical
seals”).
b)
For facilities which cannot install
a closed-vent system and
control device to comply with 35
Ill.
Ad-rn. Code 724.Subpart BB on
the effective date that facility becomes subject to this Subpart
63
or 35
Ill. Adm. Code 724.Subpart BE,
an implementation schedule as
specified in 35
Ill.
Adm. Code 724.933(a) (2).
c)
Where an owner or operator applies
for permission to use a control
device other than a thermal vapor incinerator, catalytic vapor
incinerator,
flare,
boiler,
process heater, condenser, or carbon
adsorption system and chooses to use test data to determine the
organic removal efficiency or the total organic compound
concentration achieved by the control device,
a performance test
plan as specified
in 35 Ill. Adm. Code 724.935(b) (3).
d)
Documentation which demonstrates compliance with the equipment
standards in 35
Ill. Adm. Code 724.952 or 724.959.
This
documentation must contain the records required under 35
Ill.
Ad-rn.
Code 724.964.
The Agency shall request further documentation if
necessary to demonstrate compliance.
Documentation to demonstrate
compliance with 35
Ill.
Adm. Code 724.960 must include the
following information:
1)
A list of all information references
and- sources used in
preparing the documentation-T-~
2)
Records,
including the dates of each compliance test
required by
35
Ill.
Ad-rn.
Code
724.933(j)-rj
3)
A design analysis,
specifications, drawings,
schematics,
and
piping
and- instrumentation diagrams based on the appropriate
sections of APTI Course 415,
incorporated by reference in 35
Ill. Adm.
Code 720.111,
or other engineering texts approved
by the Agency which present basic control device design
information.
The design analysis must address the vent
stream
characteristics
and
control device parameters as
specified-
in
35
Ill. Adm. Code 724.935(b) (4) (C)-rj
4)
A statement signed and dated- by the owner or operator
certifying that the operating parameters used in the design
analysis reasonably represent the conditions which exist
when the hazardous waste management unit is or would- be
operating at the highest load or capacity level reasonably
expected to
occur-1-;
and
5)
A statement signed and dated- by the owner or operator
certifying that the control device
is designed to operate at
an efficiency of
95 weight percent or greater.
BOARD
NOTE:
Derived
from
40
CFR
270.25
(1992’).
(Source:
Amend-ed at
18
Ill.
Reg.
_______,
effective
_____________________
Section 703.224
Incinerator Conditions After Trial Burn
For the purposes of allowing operation of a new hazardous waste incinerator
following completion of the trial burn and prior to final modification of the
permit conditions to reflect the trial burn results, the Agency may establish
permit conditions,
including but not limited to allowable waste feeds and
operating conditions sufficient to
meet
the requirements of
35
Ill.
Ad-rn.
Code
724.445,
in the permit to a new hazardous waste incinerator.
These permit
conditions will be effective for the minimum time required to complete sample
analysis, data computation, and submission of the trial burn results by the
applicant and modification of the
facility permit
by the Agency:
a)
Applicants must submit a statement, with Part B of the permit
64
application, whichthat identifies the conditions necessary to
operate in compliance with the performance standards of 35 Ill.
Adm.
Code 724.443,
during this period.
This statement should
include, at
a minimum, restrictions on waste constituents, waste
feed rates, and the operating parameters
identified in 35
Ill.
Adm. Code 724.445;
b)
The
Agency
will
review
this statement and any other relevant
information submitted with Part
B of the permit application and
specify those requirements for this period most likely to meet the
performance standards of 35
Ill. Adm. Code 724.443 based on
engineering judgment
-
-(-BoardOARD
NeteO~:
SeeDerived from 40 CFR 122.27(b(3)270.62(c)
(1992)
.-)-
(Source:
Amended
at
18
Ill. Reg.
,
effective
______________________
SUBPART
F:
PERMIT CONDITIONS OR DENIAL
Section 703.241
Establishing Permit Conditions
a)
General
conditions:
1)
In addition to the conditions established under
35
Ill.
Ad-rn.
Code 702.160(a),
each RCRA permit shall include permit
conditions necessary to achieve compliance with each of the
applicable requirements specified in 35
Ill.
Adm. Code 724
and- 726 through 728.
In satisfying this provision, the
Agency may incorporate applicable requirements of
35
Ill.
Adm. Code 724 and
726 through 728 directly into the permit
or establish other permit conditions that are based on these
Parts;
2)
Each RCRA permit issued under Section 39(d)
of the
Environmental Protection Act shall contain terms and
conditions whichthat the Agency determines are necessary to
protect human health and the environment.
-(—BoardOARD NeteOTE:
SeeDerived from 270.32(b)
(l986~),
as
amended at
51
Fed.
flea.
40636, November
7,
198E’
b)
The conditions specified
in thej~following SeotionSubpart,
in
addition to those set forth in 35
Ill.
Adm. Code 702.140 through
702.152,
apply to all RCRA permits.
+BoardOARD
NeteOTE:
SeeDerived from 40 CFR 122.28270.30 Preamble
(1992)
.-)-
(Source:
Amended at
18
Ill.
Meg.
,
effective
_____________________
Section 703.242
Noncompliance Pursuant to Emergency Permit
In addition to 35
Ill.
Ad-rn.
Code
702.141
(duty to comply)+,, the permittee need-
not comply with the conditions of thio~ permit to the extent and for the
duration such noncompliance
is authorized in an emergency permit.
(See
Section 703.221).
-fBoardOARD Net-e:
SeeDerived from 40 CFR 122.28270.30(a)
(1992).-)-
(Source:
Amended at
18
Ill.
Reg.
________,
effective
65
~--
crrn
it
co
~annea
onangco)’
f~
sonwncncc
treatment. otoraao
or
diupo..~
.....n~rdous
w~~ci
zuudifipd the
permittee
may not treat,
store
or
dispose
o~
na~a~uouswa~tcin ~nc modified portion ol
the
faoility,
until,
a)
The pcrmittce has submitted to the Agency by certified mail-er
hand
delivery
a
letter
signed
by
the
permittee
and
a
registere~
pr-sfeccional engineer stating that the facility has boon
oonctruotcd or modified
in compliance with the pormit~and
~)-
1)
The
lIrrnnoy has inspected
the
modified
or
newly
oonotruotod
ir~.r
ind
firid~
it
ie
in
compliance with the condition
-of
2)
-e-
~
~
~
If,
within
15
days
of the date of
-ee-~
of
the
1
in paragraph
(a), the
pcrmittoc
has not received notice from
the Agency of
ito intent to inspect, prior inspection
is
waived
and
the
pcrrnittcc
may
commence
treatment,
storage or
~n-
disposal of haz
-(-Board Notcz
~
(Source:
Repealed- at
18
Ill. Meg.
________,
effective
______________________
Section 703.245
Twenty—four Hour Reporting
a)
The permittee shall report any non—compliance which may end-anger
health or the environment orally within 24 hours after the
permittee becomes aware of the circumstances, including:
1)
Information concerning release of any hazardous waste that
may cause an endangerment to public drinking water supplies;
2)
Any information of
a release or discharge of hazardous
waste,
or of a fire or explosion from
a HWM facility,
which
could-
threaten
the environment or human health outside the
facility.
b)
The description
of the occurrence and
its cause shall include:
1)
Name,
address, and telephone number of the owner or
operator;
2)
Name,
address, and telephone number of the facility;
3)
Date,
time, and type of incident;
4)
Name
and- quantity of material(s)
involved;
5)
The extent of
injuries,
if any;
6)
An assessment of actual or potential hazards to the
environment
and- human health outside the facility,
where
this
is applicable; and
7)
Estimated quantity and disposition of recovered material
that resulted from the incident;
—~r,
,-~r
cubmi
s-tt
cr
Section 703.244
Notice of Planned Changes
(Repealed)
‘—
~1ition
to
3~ Ill.
sd—
‘-~~
Z-02. 152(a)
‘~--~
--~
HWM
fas
1
“~y-,-
—p
-mat, not
~‘
-
and
for
-
facility being
66
c)
A written submission shall also be provided within
5 days of the
time the permittee becomes aware of the circumstances.
The
written submission shall contain a description of the
non—compliance and its cause; the period of noncompliance
including exact dates, and times, and, if the noncompliance has
not been
corrected-, the anticipated time the noncompliance
is
expected
to
continue;
and
steps
taken
or
planned
to
reduce,
eliminate,
and prevent reoccurrence of the noncompliance.
The
Agency may waive the five day written notice requirement
in favor
of
a written report within fifteen days.
+BoardOARD
NeteO~:
SeeDerived from 40 CFR 270.30(M)(6).-)-
(Source:
Amended
at
18 Ill. Reg.
________,
effective
______________________
Section 703.246
Reporting Requirements
The following reports required by
35
Ill. Adm.
Code
724 shall be submitted in
addition to those required by 35 Ill. Adm. Code 702.152
(reporting
requirements):
a)
Manifest discrepancy report:
if a significant discrepancy in a
manifest is discovered, the permittee must attempt to reconcile
the discrepancy.
If not
resolved- within fifteen days,
the
permittee must submit a letter report including a copy of the
manifest to the Agency (See 35
Ill.
Adm.
Code
724.172);
b)
Unmanifested waste report:
if hazardous waste is received without
an accompanying manifest, the permittee must ~e—submit~e4 an
unmanifested waste report to the Agency within
15 days of receipt
of unmanifested waste.
(See 35
Ill. Adm. Code 724.176)
c)
Annual report:
an annual report must be submitted covering
facility activities during the previous calendar year
(See 35
Ill.
Ad-rn.
Code
724.175).
±BoardOARD
NeteOTE:
SeeDerived
from
40 CFR 122.28(c)270.30(l)(7)
through
(l)(9)
(1992).
(Source:
Amended- at
18
Ill.
Reg.
_______,
effective
_____________________
Section 703.247
Anticipated Noncompliance
In addition to
35
Ill.
Ad-rn.
Code 702.152(b),
for a new facility,
the permittee
shall not treat,
store, or dispose of hazardous waste;
and for a facility
being modified-, the permittee shall not treat,
store, or dispose of hazardous
waste in the modified portion of the facility,
except as provided in Section
703.280,
until:
a)
The permittee has
submitted- to the Agency by certified mail or
hand delivery
a letter signed by the permittee and
a registered
professional engineer stating that the facility has been
constructed
or
modified
in compliance with the permit; and
b)
Either:
1)
The Agency has inspected the modified or newly constructed
facility and
find-s it
is
in compliance with the conditions
of the permit; or
2)
Within
15 days after the date of submission of the letter in
subsection
(a), the permittee has not received notice from
67
the Agency
of
its intent to inspect, the permittee may
commence treatment, storage, or disposal of hazardous waste.
+BoardOARD NeteOTE:
Derived from 40 CFR 270.30(4~i)(2)
(198-892),
as amended at
53-
Fed.
flog.
37934,
Loptembor
28-,-
1988.-)-
Section
703.283
Class
3
Modifications
a)
For
Class
3
modifications,
listed
in
Appendix
A,
the
perxnittee
shall submit a modification request to the Agency whichthat:
1)
Describes the exact change to be made to the permit
conditions and supporting documents referenced by the
permit;
2)
Identifies
that
the
modification
is
a
ClaBs
3
modification;
3)
Explains why the modification
is needed;
and-
4)
Provides the applicable information required by Section
703.181 through 703.187,
703.201 through 703.209,
703.221
through 703.225, 703.230, and 703.232.
b)
The
permittee
shall
send
a
notice of the modification request to
all persons on the facility mailing list maintained by the Agency
and to the appropriate units of State and local government, as
specified
in 35
Ill.
Ad-rn. Code 705.163(a)(5),, and shall publish
this
notice
in
a
newspaper
of general
circulation
in the county
in
which
the
facility
is
located.
This
notice
must
be
mailed
and
published within
7
days
before
or
after
the
date
of
submission
of
the modification request, and the permittee shall provide to the
Agency evidence of the mailing
and- publication.
The notice must
include:
1)
Announcement of a 60—day comment period,
in accordance with
subsection
(e)-, below,
and the name and ad-dress of an Agency
contact to whom comments must be sent;
2)
Announcement of the date, time, and place for
a public
meeting
held
in accordance with subsection
(d), below;
3)
Name and telephone number of
the permittee’s contact person;
4)
Name and telephone number of an Agency contact person;
5)
Locations where copies of the modification request and any
supporting documents can be viewed and copied;
and
6)
The following statement:
“The permittee’s compliance
history during the life of the permit being modified
is
available from the Agency contact person.’~
C)
The permittee shall place
a copy of the permit modification
request
and- supporting documents in a location accessible to the
public
in
the
vicinity
of
the
permitted
facility.
d)
The permittee shall hold a public meeting no earlier than
15 days
after the publication of the notice required-
in subsection
(b)-,-
above-,- and no later than
15 days before the close of the 60—day
comment period.
The meeting must be held to the extent
practicable in the vicinity of the permitted
facility.
68
e)
~Ihe public shall be provided
60
days
to
comment
on
the
modification request.
The comment period will begin on the date
the permittee publishes the notice in the local newspaper.
Comments must be submitted to the Agency contact identified in the
public notice.
f)
After the conclusion of the 60—day comment period,, the Agency
shall grant or deny the permit modification request, according to
the permit modification procedures of
35
Ill.
Ad-rn.
Code
705.
In
addition, the Agency shall consider and respond to all significant
written comments received during the 60—day comment period.
BOARD
NOTE:
Derived from 40 CFR 270.42(c)
(1992).
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART
704
UIC
PERMIT
PROGRAM
SUBPART A:
GENERAL PROVISIONS
Section
704.101
Content
704.102
Scope of the Permit or Rule Requirement
704.103
Identification of Aquifers
704.104
Exempted Aquifers
704.105
Specific
Inclusions
and
Exclusions
704.106
Classification of Injection Wells
704.107
Definitions
SUBPART B:
PROHIBITIONS
Section
704.121
Prohibition
of Unauthorized- Injection
704.122
Prohibition of Movement of Fluid into USDW
704.123
Identification
of
USDW
and
Exempted
Aquifers
704.124
Prohibition
of
Class
IV
Wells
SUBPART
C:
AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
Section
704.141
Existing Class
I and
III Wells
704.142
Existing Class IV Wells,
not into USDW
(Renumbered-)
704.143
Expiration of Authorization
704. 144
Requirements
704.145
Existing Class IV Wells
704.146
Class V Wells
704.147
Requiring a Permit
704.148
Inventory Requirements
704.149
Requiring other
Information
704.150
Requirements for Class
I and
III Wells authorized by
Rule
704.151
RCRA
Interim Status for Class
I Wells
SUBPART D:
APPLICATION FOR PERMIT
Section
704.161
Application for Permit; Authorization by Permit
704.162
Area Permits
704.163
Emergency Permits
704.164
Signatories to Permit Applications
69
SUBPART
E:
PERMIT
CONDITIONS
Section
704.181
Additional Conditions
704.182
Establishing UIC Permit Conditions
704.183
Construction Requirements
704.184
Corrective Action
704.185
Operation Requirements
704.186
Hazardous WaBte Requirements
704.187
Monitoring and Reporting
704.188
Plugging and Abandonment
704.189
Financial Responsibility
704.190
Mechanical
Integrity
704.191
Additional Conditions
704.192
Waiver of Requirements by Agency
704.193
Corrective Action
704.194
Maintenance and Submission of Records
SUBPART
F:
REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE
Section
704.201
Applicability
704.202
Authorization
704.203
Requirements
SUBPART G:
FINANCIAL RESPONSIBILITY FOR CLASS
I
HAZARDOUS
WASTE
INJECTION
WELLS
Section
704.210
Applicability
704.211
Definitions
704.212
Cost Estimate
for
Plugging
and
Abandonment
704.213
Financial Assurance for Plugging and Abandonment
704.214
Trust Fund
704.215
Surety Bond Guaranteeing Payment
704.216
Surety Bond Guaranteeing Performance
704.217
Letter of Credit
704.218
Plugging and Abandonment
Insurance
704.219
Financial
Test
and Corporate Guarantee
704.220
Multiple Financial Mechanisms
704.221
Financial Mechanism for Multiple Facilities
704.222
Release
of
the
Owner
or
Operator
704.230
Incapacity
704.240
Wording of the Instruments
SUBPART
H:
ISSUED PERMITS
Section
704.260
Transfer
704.261
Modification
704.262
Causes for Modification
704.263
Well Siting
704.264
Minor Modifications
AUTHORITY:
Implementing Sections 13
and 22.4 and authorized by Section
27 of
the Environmental Protection Act
(Ill.
Rev. Stat.
1987,
oh.
111
1/2,
pars~.
1013,
1022.4
and
1027r4l5
ILCS
5/13.
22.4,
and
271).
SOURCE:
Adopted in R81—32,
at 47
PCB 95,
at
6 Ill.
Reg.
12479, effective a~
jwted
in
35
Ill.
Ad-rn.
Code 700.iO6March 3,
1984
amended
in R82—19,
at
7
Ill.
Reg.
14402, effective as
noted
in
35
Ill.
Ad-rn. Code
700.lO6March
3,
1984
amended in R83—39,
at
55 PCB 319,
at
7
Ill.
Reg.
17338, effective December
19,
1983;
amended in R85—23
at
10
Ill. Reg.
13290, effective July 29,
1986;
amended in R87-29 at
12
Ill.
Meg.
6687,
effective March 28,
1988;
amend-ed
in
R88—2
at
12
Ill. Meg.
13700, effective August
16,
1988;
amended in R88—17
at
13 Ill.
Meg.
478,
effective December
30,
1988;
amended
in
R89—2
at
Ill.
Reg.
70
3116,
effective February 20,
1990;
amended in R94—5 at
18 Ill.
Rec.
effective
SUBPART A:
GENERAL PROVISIONS
Section 704.102
Scope of the Permit or Rule Requirement
Although five classes of wells are set
forth in Section 704.106, the UIC
(Underground Injection Control) permit
program described in 35
Ill.
Ad-rn.
Code
702,
704,
705, and 730 regulates underground injection
for only four classes
of wells
(see definition of “well injection,’
35
Ill.
Ad-rn.
Code 702.110).
Class
II wells
(Section 704.106(b))
are not subject to the requirements
found
in 35 Ill.
Ad-rn. Code
702,
704,
705, and 730.
The UIC permit program for Class
II wells will be
ad-opted by the Illinois Department of Mines and Minerals
pursuant to Section 1425 of the SDWA (Safe Drinking Water Act,
42 U.S.C.
300f).
All owners or operators of Class
I, Class III,
Class IV, or Class V
injection wells must be authorized either by permit or rule.
In carrying out
the mandate of the SDWA,
this Part provides that no injection shall be
authorized by permit or rule
if
it results in movement of fluid containing any
contaminant into underground sources of drinking water
(USDW5) (Section
704.122)
if the presence of that contaminant may cause
a violation of any
primary drinking water regulation under 40 CFR 142 or may adversely affect the
health of perBons.
(Section 704.122).
Existing
Class
IV
wells
whiohthat
inject hazardous waste directly into an under ground source of drinking water
are to be eliminated over
a period of six months and new such Class IV wells
are to be prohibited
(Section 704.124).
Class V wells will be
inventoried and
assessed-,
and
regulatory
action
will
be
established
at
a
later
date.
In
the
meantime,
if remedial action appears necessary,
an individual permit may be
required
(704.Subpart C) or the Agency must require remedial action or closure
by order
(Section 704.122(c)).
(Board
NotCBOARD NOTE:
SeeDerived from 40 CFR 122.31(d)144.l(c)_(1993).-)-
(Source:
Amended- at
18
Ill. Reg.
________,
effective
_____________________
Section 704.103
Identification of Aquifers
During UIC program development,
the Agency may identify aquifers and portions
of aquifers with are actual or potential sources of drinking water.
This
identification will provide an aid to the Agency in carrying out its duty to
protect all USDWs.
An aquifer is
a USDW if
it fits the definition,
even
if
it
has not been “identified.”
(35
Ill.
Adrn.
Coda 702.106)
-(NotcBOARD NOTE:
See 35
Ill.
Ad-rn.
Code 702.106.
Derived- from 40 CFR
-l-32.31(d)144.1(g’)
(1993)-)-.
(Source:
Amend-ed at
18
Ill.
Meg.
________,
effective
______________________
Section 704.104
Exempted Aquifers
The Board may designate “exempted aquifers” using criteria
in
35
Ill.
Ad-rn.
Code 730.
Such aquifers are those whichthat would otherwise qualify as
“underground sources of drinking water”
to be protected,
but which have no
real potential to be used as drinking water sources.
Therefore they are not
USDWB.
No aquifer is an
“exempted aquifer” until
it has
been affirmatively
designated- under the procedures
in Sec-rtion 704.123.
Aquifers
whichthat
do
not fit the definition of
“underground sources of drinking water” are not
“exempted
aquifers.”
They
are
simply
not
subject
to
the
special
protection
afforded USDW5.
(Soc
35
Ill.
Adm.
Code 702.105)
7.
(N0teBOARD NOTE:
See 35
Ill.
Ad-rn. Code 702.105.
Derived- from 40 CFR
122.31(d)144.1(g)
(1993)-)-.
(Source:
Amended at 18
Ill.
Reg.
________,
effective
_____________________
Section 704.105
Specific Inclusions and Exclusions
a)
The following wells are included among those types of injection
activities whichthat are covered by the UIC regulations.
(This
list
is not intended- to be exclusive but
is for clarification
only.)
1)
Any injection well located on a drilling platform inside
territorial waters of the State of Illinois;
2)
Any dug hole or well that
is deeper than its largest surface
dimension, where the principal function of the hole is
emplacement of fluids;
3)
Any septic tank or cesspool used by generators of hazardous
waste, or by owners or operators of hazardous waste
management
facilities,
to dispose of
fluids containing
hazardous waste;
4)
Any septic tank,
cesspool, or other well used by a multiple
dwelling, community, or regional system for the injection of
wastes.
b)
The following are not covered by these regulations:
1)
Injection wells located on a drilling platform or other site
that
is beyond the territorial waters of the State of
Illinois;
2)
Individual or single family residential waste disposal
systems such as domestic cesspools or septic systems;
3)
Nonresidential cesspools,
septic systems, or similar waste
disposal systems
if such systems are used solely for the
disposal of sanitary waste,
and have the capacity to serve
fewer than 20 persons
a day;
4)
Injection wells used for injection of hydro carbons
whichthat are of pipeline quality and are gases at standard
temperature and pressure for the purpose of storage;
5)
Any dug hole whichthat is not used for emplacement of
fluids
underground-;
6)
Class
II wells.
c)
The prohibition applicable to Class IV wells under Section 704.124
does not apply to injections of hazardous wastes into aquifers or
portions thereof whichthat have been exempted pursuant to 35
Ill.
Ad-rn.
Code 730.104.
-(Board N0tOBOARD NOTE:
SeeDerived from 40 CFR
122.3l(d)144.lg~1) through
(g)(3)
(1993).-)-
(Source:
Amend-ed at 18
Ill. Meg.
________,
effective
______________________
72
SUBPART B:
PROHIBITION
Section 704.121
Prohibition of Unauthorized Injection
~Anv_underground-injection,
is prohibited except eeinto a well authorized by
permit or rule issued under this part and 35
Ill.
Ad-rn.
Code 705, as
applicable,
is
prohibited-.
The construction of any well required- to have
a
permit
under this part
is prohibited- until the permit has been issued.
(NotCBOARD NOTE:
SeeDerived from 40 CFR 122.33144.11
(1993),
as
amend-ed
at
58
Fed. Req.
63895
Dec.
3,
1993).
Section 704.123
Identification of USDW
and- Exempted- Aquifers
a)
The Agency may identify
(by narrative description,
illustrations,
maps or other means)
and- shall protect, except where exempted
under paragraphsubsection
(b) below,
as an underground source of
drinking water,
all aquifers or parts of aquifers whichthat meet
the definition of an “underground source of drinking water”
in
35
Ill.
Adrn.
Code 702.110.
Even
if an aquifer has not been
specifically identified by the Agency,
it
is an underground source
of drinking water
if
it meets the definition in
35
Ill.
Ad-rn.
Code
702.110.
Identification of USDW5 shall be by Agency criteria
pursuant to 35
Ill.
Adrn.
Code 702.106.
b)
2)
No designation of an exempted aquifer shall be final until
approved by the Administrator as part of the State program.
3)
Subsequent to program approval,
the Board may,
after notice
and opportunity for a public hearing, identify additional
exempted- aquifers.
4)
Identification of exempted aquifers shall be by rulemaking
pursuant to 35 Ill.
Ad-rn.
Code 702.105.
c)
For Class III wells,
an applicant for a permit whiohthat
necessitates an aquifer exemption under
35
Ill.
Ad-rn.
Code
730.104(b)(1)
shall furnish the data necessary to demonstrate that
the aquifer is expected to be mineral or hydrocarbon producing.
Information contained- in the mining plan for the proposed- project,
such as map
and- general description of the mining zone,
general
information on the mineralogy and geochemistry of the mining zone,
analysis of the amenability of the mining zone to the proposed
mining method and a timetable of planned development of the mining
zone shall be considered by the Board
in addition to the infor-
mation required by Section 704.161(c).
Approval of the exempted
aquifer Bhall be by rulemaking pursuant to 35
Ill.
Adm. Code
702.105.
Rules shall not become final until
approved by the
Administrator as a program revision.
(Board N0tOBOARD NOTE:
SeeDerived from 40 CFR 122.35144.7_(1993).
(Source:
Amended at
18
Ill. Reg.
________,
effective
_____________________
SUBPART C:
AUTHORIZATION OF UNDERGROUND INJECTION BY RULE
Section 704.141
Existing Class
I and
III Wells
a)
Injection into existing Class
I and III wells
is authorized~y
rule if the owner or operator:
73
fl~
Injected into the existing well within one year after
March
3,
1984,
or
2i.
Inventories the well pursuant to the requirements of sectici
704. 148.
~J.
The owner or operator
of
a well that
is authorized by rul~
pursuant to this Section shall rework, operate, maintain~
convert,
plug, abandon, or inlect into the well in
compliance with applicable regulations.
b)
Class III wells
in existing fields or projects.
Notwithstanding
the prohibition
in Section 704.121,
this eSection authorizes Class
III wells or projects in existing fields or projects to continue
normal operations until permitted, including construction,
operation, and plugging and abandonment of wells as part of the
operation provided the owner or operator maintains compliance with
all applicable requirements.
(Board N0tCBOARD NOTE:
SeeDerived from 40 CFR 144.2ljaj and
144.21(èd)
(1993).
as renumbered- and amended
at
58
Fed.
Reg.
63895
(Dec.
3.
1993).-)-
(Source:
Amended at 18
Ill. Reg.
_______,
effective
_____________________
704.142
Existing C1a80 IV Wells,
not into UCDW (Rcnumbcred)Prphibitions
on
Inlection into Wells Authorized by Rule
An owner of operator of
a well authorized- by rule pursuant to this Subpart
is
prohibited from inlecting into the well:
~j
Upon the effective date of an applicable Permit denial
~j..
Upon
a failure to submit p permit application in
a timely manner
pursuant to Section 704.147 or 704.161
~.
Upon a failure to submit inventory information in
a timely manner
pursuant to Section 704.148;
Upon
a failure to com~lvwith a request
for information
in
a
timely manner pursuant to Section
704.149
~j
Upon
a failure to provide alternative financial assurance pursuant
to Section 704.150(d)(6)
a
Forty-eight hours after receipt of
p determination by the Agency
Pursuant to Section 704.150(f) (3) that the well lacks integrity,
unless the Agency orders immediate cessation pursuant to Section
34
of the Act or
as ordered by a court pursuant to Section
43 of
the Act
gj
Upon receipt
of notification from the Agency that the transferee
has not demonstrated financial assurance pursuant to Sectj~~
704.150(d);
or
flj.
For Class
I and Class III wells:
after March
3,
1989,
unless a
timely and complete permit application was pending the Agency~
decision
~jj
This subsection corresponds with 40 CFR 144.21(c) (9),
a provision
related to Class
II inlection wells1
which are requlated~
Illinois Department
of Mines
and Minerals,
and not by the Board.
74
This statement maintains structural consistency with U.S.
EPA
rules.
BOARD NOTE:
Derived from 40 CFR 144.21(c),
as added at
58 Fed.
Reo.
63895
(Dec.
3,
1993).
(Source:
Added at
18
Ill.
Reg.
effective
Section 704.143
Expiration of Authorization
The authorization provided in Section 704.141 shall expire upon the earliest
of the following:
a)
Upon the effective date of
bl~ea
permit or permit denial,
if a
permit application has boon filed in a timely manner as apooifiod
~issued
pursuant to any of Sections 704.147,
704.l6l(b)(1-),
704.162,
or 704.l63;—e~
BOARD NOTE.
Derived from 40 CFR l44.21(a)(1)
(1987).
b)
If a permit application hao not been filed
in
a timely manner as
sp?cificd
in Cection 704.161(b)(1)After plugging or abandonment
in
accordance with an approved- plugging and abandonment plan pursuant
to Section 704.150(c)
and- 35 Ill.
Ad-rn. Code 730.110,
and upon
submission of a plugging
and- abandonment report pursuant to
Section 704.150(k); or
BOARD NOTE.
Derived from 40 CFR 144.2l(a)(2)
(1987).
c)
If
t~hr~r~rnr~n
~
comply with Lootion 704.144 or 704.148i
orUpon
Al
fail
conversion in
compliance with Section 704.150(1).
BOARD NOTE.
Derived from 40 CFR 144.21(c) and 144.26
(1987).
ri
rule.
BOARD NOTE:
Derived from 40 CFR l22.37(a)(l)(i)(C)144.21(b)
(19?-4~93),
as renumbered and amended at
58
Fed.
Meg.
63895
(Dec.
3,
1993).
(Source:
Amend-ed at 18
Ill. Meg.
________,
effective
______________________
Section 704.144
Requirements
Any person authorized by rule under Section 704.141 shall comply with the
applicable requirements of Section 704.148 and
35
Ill.
Ad-rn. Code 730.
-(Board NotOBOARD NOTE:
S-eeDerived- from 40 CFR 144.2l(e~) (1993), as amended
and renumbered
at
58 Fed.
Rep.
63895
(Dec.
3,
1993).-)-
(Source:
Amended at
18
Ill.
Meg.
________,
effective
_____________________
Section 704.145
Existing Class
IV Wells
a)
Injection into Class IV wells as defined
in Section 704.106(d)(1)
is not authorized.
The owner or operator of any such well must
comply with Sections
704.124 and 704.203.
b)
Closure.
r,ir
i—ti
I
r-
iinrir~r
~cction
~
-
—
nlccs,
at that time,
there
is a pending UIC
for the injection prcviou3ly authorited by
75
1)
Prior to abandoning any Class IV well,
the owner or operator
shall plug or otherwise close the well
in
a manner
acceptable to the Agency.
2)
Within 60 days after the effective date of thio Cection~
September 27,
1986,
the owner and operator of any Class IV
well ohallwas to have submit~g~to the Agency a plan for
plugging or otherwise closing
and- abandoning the well.
3)
The owner or operator of
a Class IV well shall notify the
Agency of intent to abandon the well
at
least 30 days prior
to abandonment.
(Board NotOBOARD NOTE:
SeeDerived- from 40 CFR 144.23
(1993)
.+
(Source:
Amended at
18 Ill.
Meg.
_______,
effective
_____________________
Section 704.146
Class V Wells
~j.
Injection into Class V wells
is authorized- by rule until
requirements under future regulations become applicable~
~j.
Duration of well authorization by rule.
Well authorization under
this Section expires upon the effective date of
a permit
issued
pursuant to any of Sections 704.147,
704.161, 704.162,
or 704.163.
~
prohibition of inlection.
An owner or oPerator of
a well that
is
authorized by rule Pursuant to this Section is prohibited
from
iniecting into the well:
fl.
Upon the effective date of an applicable permit denial
21
UPon a failure
to submit
a permit application in
a timely
manner pursuant to Section 704.147 or 704.161
~J
Upon a failure to submit inventory information
in
a timely
manner pursuant to Section 704.148;
or
j)
Upon a failure to comply with a request for information in a
timely manner pursuant to Section 704.149.
(Board NoteBOARD
NOTE:
SeeDerived from 40 CFR l22.37(a)(4)144.24
(1993),
as
amended at
58 Fed. Req.
63896
(Dec.
3,
1993).-)-
(Source:
Amended at 18
Ill.
Meg.
_______,
effective
_____________________
Section 704.147
Requiring a Permit
a)
The Agency may require the owner or operator of any Class
I,
Class
III,
Class IV, or Class V injection well that
is authorized by e
rule under this SubPart to apply
for and obtain an individual or
area UIC permit.
Cases where individual or area UIC permits may
be required include:
1)
The injection well
is not in compliance with any requirement
of this e~ubpart;
(Board
N0teBOARD NOTE:
Any underground injection w-hiohthat
violates any rule under this Subpart
is subject to
appropriate enforcement action.-)-
76
2)
The
injection well
is not or no longer is within the
category of wells and types of well operations authorized
in
the rule;
3)
The protection of USDWs requires that the injection
operation be regulated by requirements,
such as for
corrective action, monitoring
and- reporting, or operation,
which are not contained- in this Subpart.
4)
When the injection well
is
a Class
I or Class III well,
in
accordance with a schedule established by the Agency
pursuant to Section 704.161(b).
b)
The Agency may require the owner or operator of any well that is
authorized- by a—rule under this Subpart to apply for an individual
or area UIC permit under this subsection only
if the owner or
operator has been notified in writing that a permit application
is
required.
The injection activities arc no longcrowner or operator
of
a well that is authorized by rule
is prohibited- from iniecting
into the well:
jj..
~pon
the effective date of a permit or a permit denial,
or
21
~pon
the failure of the owner or operator to submit an
application
in a timely manner as specified
in the notice.
~j.
The notice shall include~
~
Ae brief statement of the reasons for this decision;
~j.
~an application form;
Qj.
~a statement setting a time for the owner or operator
to file the application; and-
~j.
~a statement of the consequences of denial or issuance
of the permit,
or failure to submit an application,
as
described- in this subsection.
c)
Any owner or operator of
a well that
is authorized by a-rule may
request to be excluded- from the coverage of the rule by applying
for an individual or area UIC permit.
The owner or operator shall
submit an application under Section 704.161 with reasons
supporting the request, to the Agency.
The Agency may grant any
such request.
(Board N0t0BOARD NOTE:
SeeDerived from 40 CFR 144.25,
as
amend-ed
at
58
Fed-. Req.
63896
(Dec.
3,
1993).-)-
(Source:
Amended at
18
Ill. Reg.
________,
effective
_____________________
Section 704.148
Inventory Requirements
M-~The owner of operator of an injection welle that
is authorized by rule
under this Subpart shall
submit inventory information to the Agency.
Notwithstanding any other provision of this Section,
any authorisation by
ru-le
granted under this Section shall t-erminatc
if the person so authorised—~y
rul-eSuch an owner or operator
is prohibited from inlecting into the well upon
faile3a.~to submit inventory information for the well to the Agency within the
time specified
in subsection
(ed)
or
(e) below.
77
a)
Contents.
As part of the inventory,
the owner or operator Bhall
submit
at
least the following information:
1)
Facility name
and- location;
2)
Name
and- address of legal contact;
3)
Ownership of facility;
4)
Nature and type of
injection wells; and
5)
Operating status of injection wells.
(Board N0teBOARD NOTE:
This information
is requested- on
national form “Inventory of Injection Wells,”
0MB No.
158—
R0170-)-.
b)
Additional contents.
The owner or operator of a well
listed in
subsection
(b)(1)
below shall provide the information listed in
subsection (b)(2)
below.
1)
This Section applies to the following wells:
A)
Class
IV wells;
B)
The
following Class V wells:
i)
Sand or other backfill wells,
35
Ill.
Ad-rn.
Code
730. 105(e) (8);
ii)
Radioactive waste disposal wells,
35
Ill.
Ad-rn.
Code 730.105(e)(ll);
iii)
Geothermal energy recovery wells,
35
Ill.
Ad-rn.
Code 730.105(e)(12);
iv)
Brine return flow wells,
35
Ill.
Ad-rn.
Code
730. 105 (e)
( 14)
v)
Wells used
in experimental technologies,
35 Ill.
Ad-rn.
Code 730.105(e)(15);
vi)
Municipal and industrial
disposal wells other
than Class
I;
and
vii)
Any other Class V wells at the discretion of the
Agency.
2)
The owner or operator of
a well listed in subsection
(b)(1)
above shall provide a listing of all wells owned or operated
setting forth the following information for each well.
(A
single description
of wells at a single facility with
substantially the same characteristics
is acceptable).
A)
Location of
each well or project given by Township,
Range,
Section, and Quarter—Section;
B)
Date of completion
of each well;
C)
Identification and depth of the formation(s)
into
which each well
is
injecting;
78
D)
Total depth of each well;
E)
Casing
and- cementing record-,
tubing size, and depth of
packer;
F)
Nature of the injected fluids;
G)
Average
and- maximum injection pressure at the
wel.head-;
H)
Average and maximum injection rate;
and
I)
Date of the last mechanical integrity tests,
if any.
c)
This subsection corres~ndswith 40 CFR 144.26(c),
a provision
relating to U.S. EPA notification to facilities
upon
authorization
of_the state’s program.
This statement maintains structural
consistency with U.S. EPA rules.
~
Deadlines.
Except
as provided in subsection
(e)
below:
fl.
The oOwners or operatore of
injection welle mustshall
submit inventory information no later than one year after
the authorization by ruloMarch
3.
1985.
The Agency need not
require inventory information from any facility with
RCRA
interim status under
35 Ill.
Ad-rn.
Code 703.
1).
The information need not be submitted
if a complete
application is submitted- within this timoone year of the
effective date of the U.S. EPA UIC program.
The owner or
oPerator of a Class IV well shall submit i~nventory
information from any facility with interim otatus under 35
Ill.
Ad-rn. Code 703
is not rcquircdno later than 60 days
after the effective date of the U.S. EPA UIC program.
Deadlines for Class V Wells.
fl.
The owner or operator of
a Class V well
in which injection
took place within one year after the date of approval by
U.S. EPA of the Illinois UIC program,
and who failed to
submit inventory information for the well within the time
specified in subsection
(d-)
above may resume injection 90
days after submittal of the inventory information
to the
Agency, unless the owner or operator receives that inlection
may not resume or that
it may resume sooner.
21
The owner or operator of
a Class V well in which injection
started later than March
3,
1985,
shall submit invent*~ry
information prior to May
2.
1995.
~1
The owner or operator of a Class V well
in which injection
started after May
2,
1994 shall submit
inventory information
prior
to starting injection.
~j.
The owner or operator of
a Class V injection well prohibited-
frq~m
injecting for failure to submit inventory information
for the well within the time specified
in subsection
(e)(2)
or
(e)(3)
above may resume injection 90 days after submittal
of the inventory information to the Agency, unless the owner
or operator receives notice from the Agency that injection
may not resume or that
it may resume sooner.
79
(Board ?IotcBOARD
NOTE:
Wells whichthat were in existence as
of February lMarch
3,
1984, were required to submit
inventory information by February lMarch
3,
1985.
Since all
wells other than Class V wells are now either prohibited or
required to file permit applications,
the inventory
requirement will apply only to new Class V wells.)
-(Board N0t0BOARD NOTE:
SeeDerived from 40 CFR 144.26.)
(Source:
Amend-ed at 18
Ill.
Reg.
_______,
effective
_____________________
Section 704.149
Requiring other Information
a)4r)-
In addition to the inventory requirements of Section 704.148, the
Agency may require the owner or operator of any well authorized by
rule under this Subpart to submit information as deemed necessary
by the Agency to determine whether a well may be endangering an
underground source of drinking water
in violation of Section
704.122.
~b)
Such information requirements may include,
but are not
limited to:
A~)
Performance of groundwater monitoring and the periodic
submission of reports of such monitoring.
~Z)
An analysis of injected fluids,
including period-ic
submission of such analyses; and
G~)
A description of the geologic strata through and into which
injection is taking place.
~)
Any request for information under this Section shall be made in
writing,
and include a brief statement of the reasons for
requiring the information,
An owner or operator shall submit the
information within the time period(s)
provided in the notice.
hi
Any
autnori~twn
nv
ruic unocr tni.u i~uupartautcmati~aiiv
terminates
for any owner or
rirw~rnfr~r
tihc~
fails to comply with a
request
.~
information
undo~..
....~..
on.
~j
An owner or operator of an injection well authorized by rule under
this Subpart
is Prohibited from injecting into the well uPon
failure of the owner or operator to comply with
a re~est for
information within the time period specified by the Agency
Pursuant to subsection
(c)
above.
An owner or operator of
a well
prohibited
from inlection under this Section shall not resume
injection except under a permit issued pursuant to any of Sections
704.147,
704.161,
704.162,
or 704.163.
(Board NotcBOARD NOTE:
SeeDerjved from 40 CFR 144.27
(1993),
as
amended at
58
Fed.
Req.
63896
(Dec.
3.
1993).-)-
(Source:
Add-ed
at
18
Ill.
Meg.
________,
effective
_____________________
Section 704.150
Requirements for Class
I and
III Wells authorized by Rule
The following requirements apply to the owner or operator of
a Class
I or
Class III well authorized by rule under this Subpart,
as provided by Section
704.144.
a)
The owner or operator shall comply with all applicable
requirements of this Subpart and with Sections 704.121,
704.122,
80
704.124,
704.201,
704.202,
and- 704.203.
Any noncompliance with
these requirements constitutes a violation of the Act and the Safe
Drinking Water Act and is grounds for enforcement action, except
that the owner or operator need not comply with these requirements
to the extent and for the duration such noncompliance is
authorized- by an emergency permit under Section 704.163.
b)
Twenty—four hour reporting.
The owner or operator. shall report
any noncompliance whichthat may end-anger health or the
environment,
including:
1)
Any monitoring or other information whiohthat indicates that
any contaminant may cause an endangerment to
a USDW;
or
2)
Any noncompliance or malfunction of the injection system
whiohthat may cause fluid migration into or between USDW’s.
3)
Any information shall be provided orally within 24 hours
from the time the owner or operator becomes aware
of the
circumstances.
A written submission shall also be provided
within five days of the time the owner or operator becomes
aware of the circumstances.
The written submission shall
contain a description of the noncompliance and
its
cause-,-~
the period- of noncompliance-,.j. including exact dates
and-
times,
and- if the noncompliance has not been corrected,
the
anticipated time it
is expected to continue; and steps taken
or planned to reduce,
eliminate, and- prevent recurrence of
the noncompliance.
c)
Plugging and abandonment plan.
1)
The owner or operator shall prepare, maintain, and comply
with
a plan for plugging and abandonment of the wells or
project that meets the requirements of
35
Ill.
Adin.
Code
730.110.
For purposes of this subsection, temporary
intermittent cessation of injection operations
is not
abandonment.
2)
Submission of Plan.
A)
The owner or operator shall submit the plan on any
forms prescribed- by the Agency.
B)
The owner or operator shall submit any proposed
significant revision to the method of plugging
reflected in the plan no later than the notice of
plugging required- by subsection
(i)
(i.e.,
45 days
prior to plugging unless shorter notice
is approved).
C)
The plan shall include the following information:
i)
The nature
and- quantity and material to be used
in plugging;
ii)
The location
and- extent
(by depth)
of the plugs;
iii)
Any proposed test or measurement to be made;
iv)
The amount,
size, and location
(by depth) of
casing to be left
in the well;
81
v)
The method
and- location where casing is to be
parted; and
vi)
The estimated cost of plugging the well.
D)
After
a cessation of operations of two years the owner
or operator shall plug and abandon the well
in
accordance with the plan unless the owner or operator:
i)
Provides notice to the Agency;
ii)
Describe actions or procedures,
satisfactory to
the Agency that the owner or operator will take
to ensure that the well will not end-anger USDW’s
during the period- of temporary abandonment.
These actions
and- procedures shall include
compliance with the technical requirements
applicable to active injection wells unless the
operator obtains
a variance
from the technical
requirements pursuant to 35
Ill.
Ad-rn.
Code 104
and Title IX of the Environmental Protection
Act.
E)
The owner or operator of any well that has been
temporarily abandoned
(ceased- operations for more than
two years
and- has met the requirements of subsection
(c)(2)(D)(i)
and- (c)(2)(D)(ii))
shall notify the
Agency prior to resuming operation of the well.
d-)
Financial responsibility.
1)
The owner or operator or transferor of
a Class
I or Class
III well is required- to maintain financial responsibility
and resources to close, plug,
and- abandon the underground-
injection operation in a manner acceptable to the Agency-,-—
The owner or operator shall chow evidence of such finanoial
responsibility to the Agency by the oubmi
-
a
surety
~
or
...,..n~r
adeauatc assur-—~
otatemont. until:
~J
The well has been plugged and abandoned in accordance
with an a~~rovedplugging and abandonment plan
pursuant to subsection
(c)
above and 35
Ill.
Ad-m.
Code
730.110 and submission of
a plugging and abandonment
report has been made pursuant to subsection
(k) below
~).
The well has been converted
in compliance with the
requirements of subsection
(1) below; or
Qj.
The transferor has received notice from the Agency
that the transferee has demonstrated financial
responsibility for the well.
The owner or oPerator
shall show evidence of such financial responsibility
to the Agency by the submission of
a surety bond or
other adequate assurance, such
as
a financial
statement.
2)
The owner or operator was to have submitted such evidence no
later than March
3,
1985.
Where the ownership of
operational control of the well was transferred
later
than
March
3,
1985, the transferee shall submit such evidence no
82
later than the date specified- in the notice required-
pursuant to subsection (l)(2)
below.
~.
The Agency may require the owner or operator to submit
a
revised- demonstration of financial responsibility
if the
Agency has reason to believe that the original demonstration
is no longer adequate to cover the cost of closing,
plugging, and- abandoning the well.
~4)
The owner or operator of a well injecting hazardous waste
shall comply with the financial responsibility requirements
of 704.Subpart G.
~1
An owner or operator must notify the Agency by certified
mail of the commencement of any voluntary or involuntary
proceeding under Title
11
(Bankruptcy) of the United States
Code_that_names the owner or operator as debtor. within
10
business days after the commencement of the proceeding.
Any
party acting as guarantor for the owner or operator for the
purpose of financial responsibility must so notify the
Agency
if the guarantor
is named
as debtor in any such
proceeding.
~J..
In the event of commencement of a proceeding specified- in
subsection
(d)(5)
above, an owner or operator that has
furnished
a financial statement
for the purpose of
demonstrating financial responsibility under this Section
shall be deemed- to be in violation of this subsection until
an alternative financial assurance demonstration acceptable
to the Agency
is provided- either by the owner or operator or
by its trustee in bankruptcy,
receiver, or other authorized
party.
All parties shall be prohibited- from injecting into
the well until
such alternative
financial assurance
is
provided.
e)
This subsection corresponds with 40 CFR 144.28(e), which pertains
exclusively to enhanced recovery
and- hydrocarbon storage wells
(Class
II wells).
Those wells are regulated by the Illinois
Department of Mines and Minerals,
rather than by the Board- and the
Agency.
This statement maintains structural consistency with U.S.
EPA rules.
a
Operating requirements.
1)
No person shall cause or allow injection between the
outermost casing protecting underground sources of drinking
water and the well bore.
2)
Maintenance of Mechanical integrity.
~j
The owner or operator of
a Class
I or Class III
injection well authorized- by rule under this Subpart
shall establish and maintain mechanical
integrity,
as
defined
in
35
Ill. Adm.
Code 730.106, until
fl
The well
is properly plugged-
and- abandonedj&
accordance with an approved plugging and
abandonment elan pursuant to subsection
(c)
above and 35
Ill.
Ad-rn.
Code 730.110 and
a
plugging and abandonment report
is submitted
pursuant to subsection
(k)
below,
or
83
iJ~1
The well
is converted in compliance with
subsection
(j)
below.
~j
The A~encvmay require by permit condition that the
owner or operator comply with a schedule describing
when mechanical integrity demonstrations shall be
made.
j).
Cessation uPon Lack of Mechanical
Integrity.
~j
When the Agency determines that
a Class
I
(non—
hazardous) or Class III injection well lacks
mechanical integrity pursuant to 35
Ill.
Ad-rn.
Code
730.108. the Aaencv shall give written notice of its
determination to the owner or operator.
~J.
Unless the Aaencv requires immediate cessation. the
owner or operator shall cease injection into the
we21
within 48 hours of receipt of the Agency’s
determination.
~I
The Agency may allow plugging of the well
in
accordance with the requirements of 35
Ill.
Ad-rn.
Code
730.110, or require the owner or oPerator to perform
such additional construction,
operation, monitoring~
reporting, and corrective action as
is necessary to
Prevent the movement of fluid into or between USDW5
caused by the lack of mechanical integrity.
P1
The owner or operator may resume injection upon
receipt of written notification from the A~encvthat
the owner or operator has demonstrated mechanical
integrity Pursuant to 35
Ill.
Ad-rn.
Code 730.108.
LL
The Agency may allow the owner or operator of
a well that
lacks_mechanical integrity Pursuant to 35
Ill.
Ad-rn.
Code
-
730.108(a) (1)
to continue or resume injection
if the owner
or operator has made a satisfactory demonstration that there
is no movement of fluid into or between USDWs.
~j
For Class
I wells,
unless an alternative to a packer has
been approved under 35
Ill.
Ad-rn.
Code 730.112(c), the owner
or operator shall fill the annulus between the tubing and
the long string of casings with
a fluid approved by the
Agency and maintain a pressure,
also approved by the Agency,
on the annulus.
The owner or operator of a Class
I well
completed with tubing
and- packer shall fill the annulus
between tubing and casing with a non—corrosive
fluid- and
maintain a positive pressure on the annulus.
For other
Class
I wells, the owner or operator shall
insure that the
alternative completion method- will reliably provide a
comparable level of protection of underground sources of
drinking water.
~-6)
Injection pressure for Class
I and
III wells-.-,
A)
Except during stimulation, the owner or operator shall
not exceed- an injection pressure at the wellhead
whiohthat shall be calculated so as to assure that the
pressure during
injection does not initiate new
fractures or propagate existing
fractures in the
injection zone;
and
84
B)
The owner or operator shall not inject at
a pressure
whichthat will initiate fractures in the confining
zone or cause the movement of injection or formation
fluid-s into an underground- source of drinking water.
~g)
Monitoring Requirements.
The owner or operator shall perform the
monitoring as described in this subsection.
Monitoring of the
nature of the injected- fluids must comply with applicable
analytical methods cited in Table
I of 40 CFR 136.3
(198-&~)or in
Appendix III of 40 CFR 261 (19~&~),or with other method-s
whichthat have been approved- by the Agency.
1)
The owner or operator o~fa Class
I well shall:
A)
Analyze the nature of the
injected- fluids with
sufficient frequency to yield- data representative of
their characteristics;
B)
Install and use continuous recording devices to
monitor injection pressure,
flow rate and volume,
and-
the pressure on the annulus between the tubing
and- the
long string of casing;
C)
Install
and- use monitoring wells within the area of
review,
if
required- by the Agency,
to monitor any
migration of
fluid-s into and pressure
in the
underground sources of drinking water.
The type,
number,
and- location of the wells~j.the parameters to
be measured-i
and- the frequency of monitoring must be
approved by the Agency.
2)
This subsection corresponds with 40 CFR 144.28(a) (2),
a
provision
related- to Class
II inlection wells,
which are
regulated the Illinois Department of Mines and Minerals,
and
not by the Board.
This statement maintains structural
consistency with U.S. EPA rules.
~J
The owner or operator of
a Class III injection well shall:
A)
For Class III wells the owner or operator
~
p~rovideto the Agency a qualitative analysis and
ranges
in concentrations of all constituents of
injected- fluid-s at least once within the first year of
authorization and thereafter whenever the injection
fluid
is modified to the extent that the initial data
are incorrect or incomplete.
fl
The owner or operator may request
confidentiality pursuant to Section~ 7
and- 7.1
of the
Act-,. and 35
Ill.
Adm.
Code 120.
jj.).
If the information is proprietary the owner or
operator may in lieu of the ranges
in
concentrations choose to submit maximum
concentrations wh-i-chthat shall not be exceeded.
iii)
In such a case the owner or operator shall
retain records of the undisclosed concentration
and provide them upon request to the Agency as
part of any enforcement investigation;
and-
85
B)
Monitor injection pressure and either
flow rate or
volume semi—monthly,
or meter and record daily
injected and produced fluid volumes as appropriate;
C)
Monitor the fluid level in the injection zone semi-
monthly,
where appropriate; and
D)
All Class III wellB may be monitored- on a field or
project basis rather than an individual well basis by
manifold monitoring.
Manifold- monitoring may be used
in cases of facilities consisting of more than one
injection well,
operating with a common manifold.
Separate monitoring systems for each well are not
required provided- the owner or operator demonstrates
to the Agency that manifold monitoring is comparable
to individual well monitoring.
~1-i) Reporting requirements.
The owner or operator shall
submit
reports to the Agency
as follows:
1)
For Class
I wells,
quarterly reports on:
A)
The physical,
chemical, and other relevant
characteristics of the injection fluids;
B)
Monthly average, maximum and minimum values
for
injection pressure,
flow rate and volume,
and annular
pressure;
C)
The results from ground-water monitoring wells
prescribed in subsection
(f)(1)(C);
D)
The results of any test of the injection well
conducted by the owner or operator during the
reported-
quarter if required by the Agency; and
E)
Any well work over performed during the reported
quarter.
2)
This subsection corresponds with 40 CFR 144.28(h) (2),
a
provision related to Class
II injection wells,
which are
re~ulatedthe Illinois Department of Mines and Minerals,
and
not by the Board.
This statement maintains structural
consistency
with U.S. EPA rules.
~j
For Class III wells;
A)
Quarterly reporting on all monitoring,
as required in
subsections
(f)(2)(A),
(f(21(B),
and- (fU2)(C);
B)
Quarterly reporting of the results of any periodic
tests required by the Agency that are performed during
the reported quarter;
C)
Monitoring may be reported on
a project or field basis
rather than an individual well basis where manifold
monitoring
is used.
~i)
Retention of records.
The owner or operator shall retain records
of
all monitoring information,
including the following:
86
1)
Calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation,
and copies of all reports required by this section,
for a
period of at least three years from the date of the sample,
measurement or report.
This period- may be extended by
request of the Agency at any time;
and
2)
The nature and composition of all injected fluids until
three years after the completion of any plugging and
abandonment procedures specified under Section 704.188.
The
owner or operator shall retain the records after the three
year retention period- unless
it delivers the record-s to the
Agency or obtains written approval from the Agency to
discard the records.
4~j)
Notice of abandonment.
The owner or operator shall notify the
Agency at least 45 days before conversion or abandonment of the
well.
~)
Plugging
and- abandonment report.
Within 60 days after plugging a
well or at the time of the next quarterly report
(whichever
is
less) the owner or operator shall submit
a report to the Agency.
If the quarterly report is due less than 15 days before completion
of plugging,
then the report shall be submitted- within 60 days.
The report shall be certified- as accurate by the person who
performed- the plugging operation.
Such report shall consist of
either:
1)
A statement that the well was plugged
in accordance with the
plan previously submitted to the Agency~or
2)
Where actual plugging differed from the plan previously
submitted,
an updated version of the plan,
on any form
supplied by the Agency,
specifying the different procedures
used.
3~)
Change of ownership.
fl.
The owner or operator shall notify the Agency of
a transfer
of ownership or operational control of the well withinat
least 30 days in advance of suchthe proposed transfer.
21
The notice shall include a written agreement between the
transferor and the transferee containing a specific date
when the financial responsibility demonstration of
subsection
(d)
above will be met by the transferee.
~J
The transferee
is authorized to inject unless
it receives
notification from the Agency that the transferee has not
demonstrated- financial responsibility pursuant to subsection
(d)
above.
~)
Requirements e~forClass
I Hazardous Waste Wells.
The owner or
operator of any Class
I well injecting hazardous waste shall
comply with Section 704.203.
In addition the owner or operator
shall properly dispose of,
or decontaminate by removing all
hazardous waste residues,
all injection well equipment.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 144.28 (1993),
as
amended at
58 Fed. Req. 63897
(Dec.
3,
1993).+
(Source:
Added at
10
Ill.
Reg.
13290, effective July
29,
1986)
87
SUBPART D:
APPLICATION FOR
PERMIT
Section 704.161
Application
for Permit;
Authorization by
Permit
a)
Permit application.
Except
for owners
or
oporatoroUnless an
underground injection well is authorized by rule under 704.SubPart
Q,
all underground injection activities,
including construction of
an injection well,
are prohibited unleosuntil the owner or
operator is authorized by permit.
PcroonsAn owner or operator of
a well currently authorized- by rule must still apply for a permit
go
specified
in eubscotion
(b)und-er this Section unless the well
authorization was
for a Class
V well under Coation 704.l4Gthe life
of the well or project.
Rules authorizing well injections
Authorization by rule for
a well or project for which ~permit
applicatione
ha’~-e~been submitted shall lapocterminates
for a
particular~fl~well injection or project upon the effective date of
the permit or permit denial
for that well injection or project.
Procedures for application, issuance, and administration of
emergency permits are found exclusively
in Section 704.163.
A
RCR.A
permit applying the standard-s of
35
Ill.
Ad-rn.
Code
724.Subpart
~
will constitute a UIC permit
for hazardous waste
injection wells for which the technical
standards in 35
Ill.
Ad-rn.
Code
7~-430
are not
generally appropriate.
BOARD
NOTE:
Derived- from 40 CFR 144.31(a)
(l98~&93),
as
amend-ed at
5~ Fed-.
Reg.
46963,63897
jDecembcr, 44~, 198--9~j.
b)
Time to apply.
Any person who performs or proposes an underground
injection for which a permit
is or will be required shall submit
an application to the Agency
as
follows:
1)
For existing wells:
A)
Within 180 days after the Agency notifies such person
that an application
is required;
or
B)
If the waste being injected into the well
is
a
hazardous waste accompanied by a manifest or delivery
document,
by August
1,
1984;
or
C)
Except as otherwise provided in subsections
(b)(1)(A)
and
(b)(l)(B),
by February lMarch
3,
1986.
2)
For new injection wells,
except new wells
in projects
authorized under Section 704.1411.~jor covered by an
existing area permit under Section 704.162(c),
a reasonable
time before construction is expected to begin.
BOARD
NOTE:
Derived- from 40 CFR 144.31(c)
(198893),
as
amended
at
58 Fed. Req.
63898
(Dec.
3,
1993).
c)
Contents of UIC application.
The applicant shall demonstrate that
the underground injection will not endanger drinking water
sources.
The form and content of the UIC permit application may
be prescribed by the Agency
including the materials required by 35
Ill.
Adrn.
Code 702.123.
d)
Information requirements for Class
I hazardous waste
injection
wells.
88
1)
The following information
is required- for each active Class
I hazardous waste injection well at a facility seeking a UIC
permit:
A)
Dates well was operated.
B)
Specification of all wastes whiohthat have been
injected into the well,
if available.
2)
The owner or operator of any facility containing one or more
active hazardous waste injection wells must submit all
available information pertaining to any release of hazardous
waste or constituents from any active hazardous waste
injection well at the facility.
3)
The owner or operator of any facility containing one or more
active Class
I hazardous waste injection wells must conduct
such preliminary site investigations as are necessary to
determine whether a release
is occurring,
has occurred, or
is likely to have occurred-.
BOARD
NOTE:
Derived from 40 CFR 144.31(g) (l988~).
e)
In addition to the materials required by
35
Ill.
Ad-rn.
Code
702. 123-,-:
U
It~heapplicant shall identify
and- submit on
a list with the
permit application the names and addresses for all owners of
record of land within one—quarter mile (401 meters) of the
facility boundary.
This requirement may be waived by the
Agency where the site
is located
in a populous area such
that the requirement
would- be impracticable.
2.).
The applicant shall submit
a plugging and abandonment Plan
that meets the requirements of 35
Ill.
Ad-rn. Code 730.110.
BOARD
NOTE:
Derived from 40 CFR 144.31(e) (9)
and-
(e)(10)
(1988~).
(Source:
Amended at
18 Ill. Meg.
________,
effective
______________________
Section 704.162
Area Permits
a)
The Agency may issue a permit on an area basis,
rather than for
each well individually,
provided that the permit
is for injection
wells:
1)
Described and identified by location in permit
application(s),
if they are existing wells,
except that the
Agency may accept
a single description of wells with
substantially the same characteristics;
and
2)
Within the same well field,
facility site,
reservoir,
project, or similar unit
in the same State;
and
3)
Operated by
a single owner or operator; and-
4)
Used to inject other than hazardous waste.
b)
Area permits shall specify:
89
1)
The area within which underground injections are authorized-,
and
2)
The requirements for construction,
monitoring,
reporting,
operation,
and- abandonment-, for all wells authorized by the
permit.
C)
The area permit may authorize the permittee to construct
and-
operate,
convert, or plug and abandon new injection wells within
the permit area provided:
1)
The permittee notifies the Agency at such time as the permit
requires.
2)
The additional well satisfies the criteria in paragraph
subsection
(a)
above
and- meets the requirements specified- in
the permit under paragraphsubsection
(b) above
and
3)
The cumulative effects of drilling and operation of
additional
injection wells are considered by the Agency
during evaluation of the area permit application and are
acceptable to the Agency.
d)
If the Agency determines that any well constructed pursuant to
paragraphsubsection
(C)
above does not satisfy any of the
requirements of paragraphsubsections
(c)(l)
and (c)(2)
above, the
Agency may modify the permit under
35
Ill.
Ad-rn.
Code 702.183
through 702.185, ei~—seekrevocation under 35
Ill.
Adrn.
Code
702.186, or take enforcement action.
If the Agency determines
that cumulative effects are unacceptable, the permit may be
modified under 35
Ill.
Ad-rn.
Code 702.183 through 702.185.
(Board- N0taBOARD NOTE:
SeeDerived from 40 CFR 122.39144.33
(1993)
.-)-
(Source:
Amend-ed
at
18
Ill.
Meg.
________,
effective
______________________
Section 704.164
Signatories to Permit Applications
For purposes of
3S
Ill.
Ad-in.
Code 702.12?(a)(1),
a responsible corporate
offjeer meano
a principal executive officer of at least the level of vice
president.
(Board N0teBOARD NOTE:
See 35 Ill.
Ad-rn.
Code 702.12640 CFR 144.32(a)(i).+
(Source:
Added- at 18
Ill.
Meg.
________,
effective
______________________
SUBPART E:
PERMIT CONDITIONS
Section 704.181
Additional Conditions
The following conditions
in addition to those set
forth in
35
Ill.
Ad-rn.
Code
702.140 through 702.152 apply to all UIC permits
and- shall be incorporated
into all permits either expressly or by reference.
If incorporated- by
reference,
a specific citation to these regulations must be given
in the
permit.
a)
In addition to 35
Ill.
Adm.
Code 702.141
(duty to comply):
the
permittee need not comply with the provisions of this permit to
the extent and for the duration such noncompliance is authorized
in a temporary emergency permit under Section 704.163.
90
BOARD NOTE:
Derived from 40 CFR 144.51(a)
(198893).
b)
In addition to 35
Ill.
Ad-in. Code 702.150(b) (monitoring and
records):
the permittee shall retain records concerning the
nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures
specified under Section 704.188 or under 35
Ill.
Adrn.
Code
730.Subpart G,
as appropriate.
The owner or operator shall
continue to retain the records after the three year retention
period unless the owner or operator delivers the records to the
Agency or obtains written approval from the Agency to discard the
records.
BOARD
NOTE:
Derived from 40 CFR 144.51(j)(2)(ii)
(198-893)-,-ao
amended at
S3 Fed.
flog.
28147, July
26,
1988.
c)
In addition to 35
Ill.
Ad-rn.
Code 702.152(a)
(notice of planned-
changes):
except for all new wells authorized by an area permit
under Section 704.162(c),
a new injection well may not commence
injection until construction is complete,
and
1)
The permittee has submitted notice of completion of
construction to the Agency;
and-
2)
Inspection Review
A)
The Agency has inspected or otherwise reviewed the new
injection well and find-s
it
is in compliance with the
conditions of the permit; or
B)
The permittee has not received- notice from the Agency
of its intent to inspect or otherwise review the new
injection well within 13 days of the date of the
notice
in subsection
(c)(1),
in which case prior
inspection or review is waived, and the permittee may
commence injection.
The Agency shall include
in
its
notice
a reasonable time period-
in which it will
inspect the well.
BOARD
NOTE:
Derived from
40 CFR 144.51(m)
(1988~).
d-)
Reporting Noncompliance
1)
Twenty—four hour reporting.
The permittee shall report any
noncompliance whichthat may endanger health or the
environment,
including:
A)
Any monitoring or other information whiohthat
indicates that any contaminant may cause an
endangerment to a USDW.
B)
Any noncompliance with a permit condition or
malfunction of the injection system whichthat may
cause
fluid- migration into or between USDWs.
2)
Any information shall be provided orally within 24 hours
from the time the permittee becomes aware of the
circumstances.
A written submission shall also be provided
within
5 days of the time the permittee becomes aware of the
circumstances.
The written submission shall contain a
description of the noncompliance and
its
cause-rL
the period
of noncompliance,
including exact dates, and times, and,
if
91
the noncompliance has not been corrected, the anticipated
time
is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the
noncompliance of the noncompliance.
BOARD
NOTE:
Derived from 40 CFM 144.51(l)(6)
(198893).
e)
The permittee shall notify the Agency at such times as the permit
requires before conversion or abandonment of the well or,
in the
case of area permits, before closure of the project.
BOARD
NOTE:
Derived from 40 CFM 144.51(n)
(198893).
f)
A Class
I or III permit shall
include, and
a Class V
permit
may
include,
conditions that meet the applicable requirements of
35
Ill.
Adm.
Code 730.110 to insure that plugging and abandonment of
the_well_will not allow the movement of fluids into or between
USDW5.
Where the plan meets the requirements of 35
Ill.
Adm.
Code
730.110, the Agency shall incorporate
it into the permit as a
permit condition.
Where the Agency’s review of an application
indicates that the
permittee’s plan is inadequate, the Agency may
require the applicant to revise the plan, prescribe conditions
meeting the requirements of this subsection, or deny the permit.
For purposes of this subsection, temporary or intermittent
cessation of injection operations
is not abandonment.
BOARD
NOTE:
Derived from 40 CFR 144.51(o),
as added
at
58 Fed.
Req.
63898
(Dec.
3,
1993).
a).
Plugging and abandonment report.
Within 60 days after plugging
a
well or at the time of the next quarterly report
(whichever is
less)
the owner or operator shall submit a report to the Agency.
If the quarterly report is due less than 15 days before completion
of plugging,
then the report shall be submitted within 60 days.
The report shall be certified as accurate by the person who
performed the plugging operation.
Such report shall consist of
either:
1)
A statement that the well was plugged in accordance with the
plan previously submitted to the Agency;
2)
Where actual plugging differed from the plan previously
submitted, an updated- version of the plan on the form
supplied by the Agency specifying the differences.
BOARD
NOTE:
Derived from 40 CFR 144.51(ep)
(198893),
as
renumbered
at
58 Fed.
Meg.
63898
(Dec.
3,
1993).
ret
flechanical
integrity demonstration.
The Agency by written notiee
may require the owner——~—-~—-
~——
i---
comply with a schedue
describing when moohanj.~i
~
domonat.. ......ons must be made-.
BOAflD
NOTEi
Derived from 40 CFR 144.~i’u’
i.~e~)
~).
Duty to establish and maintain mechanical
integrity.
fl
The owner or operator of a Class
I of Class III well
permitted under this Part and 35 Ill.
Ad-rn.
Code 702
shall
establish prior to commencing injection or on a schedule
determined by the Agency,
and thereafter mechanical
integrity,
as defined
in
35
Ill.
Ad-rn.
Code 730.108.
The
Agency may require by permit condition that the owner or
92
operator comply with a schedule describing when mechanical
integrity demonstrations must be made.
2.).
When the Agency determines that a Class
I or Class III well
lacks mechanical intearity pursuant to
35
Ill.
Ad-rn.
C~de~
730.108,
it shall give written notice of its determination
to the owner or operator.
Unless the Aaencv requires
immediate cessation, the owner or operator shall cease
injection into the well within 48 hours of receipt of the
Agency determination.
The Agency may allow plugging of the
well pursuant tot he requirements of
35
Ill.
Ad-rn.
Code
730.110 or require the Permittee to perform such additional
construction,
operation,
monitoring,
reporting,
and
corrective action as
is necessary to prevent the movement of
fluid into or between USDW5 caused by the lack of mechanical
integrity.
The owner or operator may resume injection upon
written notification from the Aaencv that the owner or
operator has demonstrated mechanical
integrity pursuant to
35
Ill.
Ad-rn.
Code 730.108.
~j
The Agency may allow the owner or oPerator
of
a
well
that
lacks mechanical integrity pursuant to
35
Ill.
Ad-rn.
Code
730.108(a)(1)
to continue or resume injection,
if the owner
or operator has made a satisfactory showing that ~there is no
movement of fluid into or between USDWs.
BOARD
NOTE:
Derived
from
40
CFM
144.51(g),
as added at
58
Fed. Req.
63898
(Dec.
3,
1993).
(Source:
Amend-ed- at 18
Ill. Reg.
________,
effective
______________________
Section 704.182
Establishing UIC Permit Conditions
In addition to the conditions established under
35
Ill.
Ad-rn.
Code
702.160-fe-)-
and Section 704.181,
each UIC permit shall include conditions meeting the
requirements of the following sections, when applicable.
(N0tcBOARD NOTE:
SeeDerived from 40 CFR 122.42144.52(a) preamble
(1993).-)-
(Source:
Amended at
18
Ill.
Meg.
________,
effective
_____________________
Section 704.183
Construction Requirements
Existing wells shall achieve compliance with construction requirements as set
forth in
35
Ill.
Ad-rn.
Code 730 according to a compliance schedule established
as a permit condition.
The owner or operator of
a proposed new injection well
shall submit plans
for testing,
drilling,
and construction as part of the
permit application.
Except as authorized- by an area permit,
no construction
may commence until
a permit has been issued containing construction
requirements
(see Sec-rtion 704.121).
New wells shall be
in compliance with
these requirements prior to commencing injection operations.
Changes in
construction plans during construction may be approved by the Agency as minor
modifications.~..(See 35
Ill.
Ad-rn.
Code 702.l87-)-.I
No such changes may be
physically incorporated into construction of the
well
prior
to
approval
of
the
modification by the Agency.
-(-NoteBOARD NOTE:
SeeDerived from 40 CFR l22.42(a)144.52(a)(1)__(1993).-)-
S
93
(Source:
Amended
at
18
Ill. Meg.
_______,
effective
Section 704.184
Corrective Action
UIC permits shall require by condition corrective action as set forth in
Sec-rtion 704.193 and 35
Ill.
Ad-rn.
Code 730.107.
(N0tOBOARD NOTE:
SeeDerived from 40 CFR l22.42(b)144.52(a)(21
(1993).-)-
(Source:
Amended
at
18
Ill.
Meg.
________,
effective
__________________
Section 704.185
Operation Requirements.
The
permit
shall establish any maximum injection volumes and/-e~pressures
necessary to assure that fractures are not initiated in the confining zone,
that injected fluids do not migrate into any underground source of drinking
water, that formation
fluid-s are not displaced- into any underground source of
drinking water,
and to assure compliance with the 35
Ill.
Ad-rn. Code 730
operating requirements.
(N0teBOARD NOTE:
SeeDerived
from 40 CFM 122.21(c)l44.52(a)(3)_(1993).-)-
(Source:
Amend-ed- at
18
Ill.
Meg.
_______,
effective
_____________________
Section 704.186
Hazardous Waste Requirements
UIC permits shall require by condition requirements for wells managing
hazardous waste,
as set forth in 704.Subpart
F.
-(-N0teBOARD NOTE:
SeeDerived from 40 CFR 122.42(d)144.52(a)(4)_(1993).)-
(Source:
Amend-ed at
18
Ill.
Meg.
________,
effective
_____________________
Section 704.189
Financial Responsibility
a)
The
pornu.c
ror ~nv wcij.
wnion
poop
not
j.n~ct
n~1~ruL)up
waste
shall require the permittee,
including the transferor of
a
permit~
is required to demonstrate and maintain financial responsibility
and resources to close, plug, and abandon the underground
injection operation in a manner prescribed by the Agency-s- until:
IL
The
well
has been
plugoed- and abandoned
in accordance with
an_a~~rovedpluaqinq and abandonment plan Pursuant to
Section 704.181(f)
and 35
Ill.
Ad-rn.
Code
730.110,
and
submitted a plugging
and- abandonment report pursuant to
Section 704.181(g)
2.).
The well has been converted- in compliance with the
requirements of 704.181(e);
or
~j.
The transferor of a permit has received notice from the
Agency that the owner or operator receiving transfer of the
Permit
(the new permittee) has demonstrated financial
responsibility for the well.
~J.
The
permittee
must
show
evidence
of
financial responsibility to
the Agency by the submission of a surety
bond--, or other ad-equate
assurance,
such as financial
statements or other materials
acceptable to the Agency.
The Agency may on
a periodic basis
require the holder of
a life-time permit to submit an estimate of
the resources needed to plug
and- abandon the well revised to
reflect inflation of such costs,
and
a revised demonstration of
94
financial responsibility if necessary.
Where appro
—
~y may
—
-
—
-
—
— £
—
— -‘
~
1.
~
t_
—
•l
I
— -
—
1)
A eorporate surety ouch as an insurance or bonding oompanyi
ee
2)
Individual ouretipo,
ouch as officers or otookholdoro of a
corporation requesting
a permit?
or
3)
Any other lawful security,
including real estate, personal
property, marketable neouritioc
or
eertifieatpo
of
deposit.
b)
The owner or operator of a well injecting hazardous waste must
comply with the financial responsibility requirements of
704.Subpart G.
(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 144.52(a) (7)
(1993),
as amended at
58 Fed. Rep.
63898
(Dec.
3,
1993).)
(Source:
Amended at
18
Ill.
Meg.
_______,
effective
_____________________
Section 704.190
Mechanical
Integrity
A
permit
for any Class
I or Class III
well
or injection project whiohthat
lacks mechanical integrity shall include,
eft4or
for any Class V well may
include,
a condition prohibiting injection operations until the permittee
shows to the satisfaction of the Agency under
35
Ill.
Ad-rn.
Code
730.108
that
the well has mechanical integrity.
(N0tcBOARD NOTE:
SeeDerived from 40 CFM l22.42(h)l44.52(a)(8)
(1993).-)-
(Source:
Amended- at
18 Ill. Meg.
_______,
effective
_____________________
Section 704.191
Additional Conditions
The Agency shall impose on a case—by—case basis such additional conditions as
are necessary to prevent the migration of fluids into underground sources of
drinking water.
(N0tOBOARD NOTE:
SeeDerived from 40 CFM 122.t12(i)144.52(a~(9) (1993).-)-
(Source:
Amended at
18
Ill.
Meg.
________,
effective
—,
Section 704.192
Waiver of Requirements by Agency
a)
When injection does not occur into, through, or above an
underground- source of drinking water, the Agency may authorize a
well or project with less stringent requirements for area of
review,
construction,
mechanical integrity, operation, monitoring,
and reporting than required- in 35
Ill.
Ad-rn.
Code
730 or
Sec-T-tions
704.182 through 704.191 to the extent that the reduction
requirements will not result
in an increased- risk of movement of
fluids into an underground source of drinking water.
b)
When injection occurs through or above an underground- source of
drinking water,
but the radius of end-angering influence when
computed under 35
Ill.
Ad-rn.
Code 730.106(a)
is smaller or equal to
the radius of the well,
the Agency may authorize a well or project
with less stringent requirements for operation, monitoring,
and
reporting than required in 35
Ill.
Ad-rn.
Code 730 or Sections-,-
704.182 through 704.191 to the extent that the reduction in
95
requirements will not result
in an
increased- risk of movement of
fluid-s into an underground source of drinking water.
c~
When reducing requirements under paragraphsubsection
(a)
or
(b)
above, the Agency shall prepare
a fact sheet under
35
Ill.
Ad-rn.
Code 705.143 explaining the reasons for the action.
-(-N0tcBOARD
NOTE:
Seeperived
from
40
CFR 122.43144.16_(1993).-)-
(Source:
Amend-ed at
18
Ill.
Meg.
________,
effective
______________________
Section 704.193
Corrective Action
a)
Coverage.
Applicants for Class
I or Class III injection well
permits
shall identify the location of all known wells within the
injection well’s area of review whiohthat penetrate the injection
zone.
For such wells whiahthat are improperly Bealed,
completed,
or abandoned,
the applicant shall also submit
a plan consisting of
such steps or modifications as are necessary to prevent movement
of
fluid- into underground sources of drinking water
(“corrective
action”).
Where the plan
is
ad-equate,
the Agency shall
incorporate
it into the permit as
a condition.
Where the Agency’s
review of an application indicates that the permittee’s plan is
inadequate
(based- on the factors
in
35
Ill.
Ad-rn.
Code 730.107),
the Agency shall require the applicant to revise the plan,
prescribe a plan for corrective action as a condition of the
permit under paragraphsubsection
(b) below,
or deny the
application.
b)
Requirements
1)
Existing
Injection
Wells.
Any
permit
issued
for
an
existing
injection
well
requiring corrective action shall include
a
compliance schedule requiring any corrective action accepted
or prescribed under paragraphsubsection
(a) above to be
completed as soon as possible.
2)
New injection wells.
No permit for a new injection well may
authorize injection until all required corrective action has
been taken.
3)
Injection pressure limitation.
The Agency may require as
a
permit
condition
that
injection pressure
in the injection
zone
does
not
exceed
hydrostatic
pressure
at
the
site
of
any
improperly completed or abandoned well within the area of
review.
This
pressure limitation shall satisfy the
corrective action requirement.
Alternatively,
such
injection pressure limitation can be part of
a compliance
schedule an last until all other required corrective action
has been taken.
4)
Class
III wells only.
When Betting corrective action
requirements the Agency shall consider the overall effect of
the project on the hydraulic gradient
in potentially
affected
USDW5-,- and the corresponding changes
in
potentiometric surface(s)
and- flow direction(s) rather than
the discrete effect of each well.
If a decision is made
that corrective action is not necessary based on the
determinations above,
the monitoring program required in 35
Ill.
Ad-in.
Code 730.133(b)
shall be designed to verify the
validity of such determinations.
96
(N0tcBOARD NOTE:
SeeDerived from 40 CFR 122.44144.55
(1993).-)-
(Source:
Amended at
18
Ill.
Meg.
,
effective
_________________
Section 704.194
Maintenance and Submission of Records
The Agency shall include,
as
a condition to every UIC permit,
a requirement
that the owner or operator of the injection well shall establish
and- maintain
such records, make such reports,
conduct such monitoring, and provide such
pther information as the Agency deems necessary to determine whether the owner
or operator has acted or
is acting in compliance with the Act and Board-
regulations.
BOARD NOTE:
Derived-
from- 40 CFR 144.17,
as added at
58 Fed. Req.
63895
(Dec.
3,
1993).
(Source:
Added at
18
Ill. Reg.
_______,
effective
_____________________
SUBPART
F:
REQUIREMENTS FOR
WELLS
INJECTING HAZARDOUS WASTE
Section 704.203
Requirements
In addition to requiring compliance with the applicable requirements of this
Part-,- and 35
Ill.
Ad-rn.
Code 730, the owner or operator of any facility
described in Section 704.202 shall comply with the following:
a)
Notification.
The
owner
or
operator
shall
comply
with
the
notification requirements of Section
3010
of the Resource
Conservation and- Recovery Act
(42 U.S.C.
6901
et seq.)
b)
Identification number.
The owner or operator shall comply with
the requirements of 35
Ill.
Ad-rn.
Code 724.111 and 40 CFR 264.11
(198.&~).
C)
Manifest system.
The owner or operator shall comply with the
applicable record-keeping and reporting requirements for manifested
wastes in 35
Ill.
Adrn.
Code 724.171 and 40 CFR 264.71
(198492).
d)
Manifest discrepancies.
The owner or operator shall comply with
35
Ill.
Ad-in.
Code 724.172 and 40 CFR 264.72
(198-892).
e)
Operating
record-.
The owner or operator shall comply with 35
Ill.
Ad-ni.
Code 724.173(a),
(b)(1),
and-
(b)(2) and 40 CFR 264.73(a),
(b)(1)
and
(b)(2)
(198892),
as amended at
57 Fed. Meg.
3487
(Jan.
29,
1992).
f)
Annual report.
The owner or operator shall comply with 35
Ill.
Ad-rn. Code 724.175 and 40 CFR 264.75
(198-892).
g)
Unmanifested waste report.
The owner or operator shall comply
with
35
Ill.
Ad-rn.
Code 724.176 and 40 CFM 264.76
(198-892).
h)
Personnel training.
The owner or operator shall comply with the
applicable personnel training requirements of
35
Ill.
Ad-rn.
Code
724.116 and 40 CFM 264.16
(198-892).
i)
Certification of closure.
When abandonment
is completed, the
owner or operator must
submit to the Agency certification by the
owner or operator and certification by an independent registered
97
professional engineer that the facility has been closed in
accordance with the specifications
in Section 704.188.
-(Board N0tOBOARD NOTE:
S-eeDerived
from 40 CFR 144.14(c)_(199~iL.+
(Source:
Amended at
18
Ill.
Reg.
________,
effective
______________________
Section 704.213
Financial Assurance for Plugging and Abandonment
An owner or operator of each facility must establish “financial assurance”
for
the plugging and abandonment of each existing and new Class
I hazardous waste
injection well.
The owner or operator must choose fromone of the following
financial assurance mechanisms:
a)
Trust fund (Section 704.214);
b)
Surety
bond- guaranteeing payment
(Section 704.215);
c)
Surety
bond
guaranteeing
performance
(Section
704.216);
d)
Letter of credit
(Section 704.217);
e)
Insurance
(Section 704.218);
or
f)
Financial test and corporate guarantee
(Section 704.219);
-(Board N0teBOARD NOTE:
SeeDerived from 40 CFR 144.63 preamble
(1993)
.+
(Source:
Amended- at
18
Ill. Meg.
________,
effective
______________________
SUBPART
H:
ISSUED PERMITS
Section 704.261
Modification
When the Agency receives any information
(for example,
inspects the facility,
receives information
submitted- by the permittee as required in the permit
(See
35 Ill.
Ad-rn.
Code 702.140 through
702.152),
receives
a
request
for
modification or reissuance, or conducts
a review of the permit
file),
it may
determine whether or not one or more of the causes listed in Sections 704.262
and- 704.263
for modification or reissuance exist.
If cause exists, the Agency
may modify or reissue the permit accordingly,
subject to the limitations of
Sec-rtion 704.263 and may request an updated application if necessary.
When a
permit
is modified,
only the conditions subject to modification are reopened-.
If cause does not exist
under
Sections
704.261
through
704.264,
the
Agency
shall not modify or reissue the permit.
If
a permit modification satisfies
the criteria in Sec-~tion704.264 for “minor modifications” the permit may be
modified- without
a draft permit or public review.
Otherwise,
a draft permit
must
be
prepared
and- other procedures in 35
Ill.
Ad-rn.
Code
705
followed.
BOARD
NOTE:
Formerly codified as
35
Ill.
Ad-rn.
Code 702.183.
Derived from 40
CFM 144.39 preamble
(1993).
(Source:
Amend-ed at 18
Ill. Meg.
,
effective
______________________-
Section 704.262
Causes
for Modification
a)
The following are causes for modification of permits.
For Class
i
hazardous waste
injection wells or Class
III wells, the following
may be causes for reissuance as well
as modification.
For all
98
other wells the following may be cause for reissuance as well as
modification when the permittee requests or agrees:
1)
Alterations.
There are material and substantial alterations
or additions to the permitted facility or activity whie~iat
occurred after permit issuance which justify the application
of permit conditions that are different or absent in the
existing permit.
2)
Information.
Permits other than for UIC Class III wells may
be modified during their terms for this cause only if the
information was not available at the time of permit issuance
(other than revised regulations, guidance, or test methods)
and would have justified the application of different
permit
conditions at the time of issuance.
For UIC area permits
this cause shall include any information indicating that
cumulative effects on the environment
are unacceptable.
3)
New statutory requirements or regulations.
The standards or
regulations on which the permit was
based- have been changed
by statute, through promulgation of new or
amend-ed- standard-s
or regulations, or by judicial decision after the permit was
issued-.
Permits other than for UIC Class
I hazardous wells
or Class III wells may be modified- during their terms for
this cause only as follows:
A)
The Agency may modify the permit when standards or
regulations on which the permit was based- have been
changed- by statute or amended standard-s or
regulations.
B)
The permittee may request modification when:
i)
The
permit
condition
requested
to
be
modified-
was based- on a promulgated
35
Ill.
Ad-rn.
Code 730
regulation; and
ii)
The Board has revised, withdrawn, or modified
that portion of the regulation on which the
permit condition was based;
and-
iii)
A permittee requests modification
in accordance
with
35 Ill.
Ad-rn. Code 705.128 within ninety
(90)
days after Illinois Register notice of the
rulemaking on which the request
is based.
C)
For judicial decisions,
a court of competent
jurisdiction has
remand-ed and stayed Board promulgated
regulations,
if the remand and stay concern that
portion of the regulations on which the permit
condition was based or
if a request
is
filed by the
permittee in accordance with 35
Ill.
Ad-rn.
Code
705.128
within ninety
(90) days of judicial remand.
4)
Compliance schedules.
The Agency determines
good- cause
exists for modification of
a compliance schedule,
such as an
act of God,
strike,
flood, or materials shortage, or other
events over which the permittee has little or no control and
for which there is no reasonably available remedy.
b)
The following are causes to modify
or,
alternatively, reissue a
permit:
99
1)
The Agency has received notification
(as
required-
in the
permit,
see Section 702.152(c))
of
a proposed- transfer of
the permit.
A permit also may be modified to reflect
a
transfer after the effective date of an automatic transfer
(Section 702.182(b)),
but will not be reissued after the
effective date of the transfer except upon the request
of
the new
permittee.
2)
A determination that the waste being injected
is a hazardous
waste
as defined in 35
Ill.
Ad-rn. Code 721.103 either because
the definition has been revised, or because a previous
determination has been
changed-.
BOARD
NOTE:
Formerly codified-
as
35
Ill.
Ad-ni. Code 702.184.
Derived- from 40 CFM 144.39,
as amend-cd-
at
53 Fed. Rcg.
28117,
July 26,
1988
(1993).
(Source:
Amend-ed at
18
Ill. Reg.
________,
effective
______________________
Section 704.263
Well Siting
Suitability of the well location will not be considered
at the time of permit
modification unless new information or
standard-s indicate that
a threat to
human health or the environment exists which was unknown at the time of permit
issuance or unless required under the Environmental Protection Act.
However,
certain modifications may require site location suitability approval pursuant
to Section 39.2 of the Environmental Protection Act.
BOARD
NOTE:
Formerly codified as
35
Ill.
Ad-rn.
Code 702.185.
Derived from 40
CFR 144.39j~j.
(198893).
(Source:
Amended- at
18
Ill. Meg.
,
effective
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
1:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PART
705
PROCEDURES FOR PERMIT ISSUANCE
SUBPART A:
GENERAL
PROVISIONS
Section
705.101
Scope and Applicability
705.102
Definitions
705.103
Computation of Time
SUBPART
B:
PERMIT APPLICATIONS
Section
705.121
Permit Application
705. 122
Completeness
705.123
Incomplete Applications
705.124
Site Visit
705.125
Effective Date
705.126
Decision Schedule
705.127
Consolidation of Permit Processing
705.128
Modification of Permits
SUBPART C:
APPLICATION REVIEW
Section
100
705.141
Draft Permits
705.142
Statement of Basis
705.143
Fact Sheet
705.144
Administrative
Record- for Draft Permits or Notices of Intent to
Deny
SUBPART D:
PUBLIC NOTICE
Section
705.161
When Public Notice Must Be Given
705.162
Timing of Public Notice
705.163
Methods of Public Notice
705.164
Contents of Public Notice
705.165
Distribution of Other Materials
SUBPART E:
PUBLIC
COMMENT
Section
705.181
Public Comments
and- Requests for Public Hearings
705.182
Public Hearings
705.183
Obligation to Raise Issues and Provide Information
705.184
Reopening of Public Comment Period
SUBPART F:
PERMIT ISSUANCE
Section
705.201
Final Permit Decision
705.202
Staye in Cencral upon Timely Application for Renewal
705.203
Stay. for New Application. or upon Untimely Application for
Renewal
705.204
Stay. ~e~upon Reapplication.
andor
for Modificatione
705.205
Stay. Following Interim Status
705.210
Aaency Response to Comments
705.211
Administrative Record- for Final Permits or Letters of Denial
705.212
Appeal of Agency Permit Determinations
Appendix A: Procedures for Permit
Issuance
Appendix
B:
Modification Process
Appendix
C:
Application Process
Appendix
D:
Application Review Process
Appendix E: Public Comment Process
Appendix F: Permit Issuance or Denial
AUTHORITY:
Implementing Section 13
and 22.4 and authorized by Section 27 of
the Environmental Protection Act
(Ill.
Rev. Stat.
1983,
ch.
111
1/2,
pars.
1013,
1022,4 and 1027).
SOURCE:
Adopted in R8l-32,
47 PCB 93,
at
6 Ill. Reg.
12479,
effective a.
noted in
35
Ill.
Adrn.
Code 700.1O6May 17,
1982
amended in R82—19,
at
7
Ill.
Meg.
14352, effective as noted
in 3~Ill.
Adm.
Code 700.lO6May
17, 1982
amended in R84-9,
at
9 Ill. Meg.
11894, effective July 24,
1985;
amended in
R89—2 at
14
Ill. Reg.
3082,
effective February 20,
1990: amended in M94-5
at
18 Ill.
Meg.
,
effective
SUBPART A:
GENERAL PROVISIONS
Section 705.101
Scope
and- Applicability
a)
This Part 705
sets forth procedures whichthat the Illinois
Environmental Protection Agency
(Agency)
must follow in issuing
RCRA (Resource Conservation and Recovery Act) and UIC
(Underground
Injection Control)
permits.
This Part 705 also specifies rules on
effective dates of permits and stays of contested permit
conditions.
10.
b)
This Part 705 provides for a public comment period and a hearing
in some cases.
The permit applicant and any other participants
must raise issues during this proceeding to preserve issues
for
effective Board review, -fas required by Sec-~tion705.183-)-.
c)
Board review of permit issuance or denial
is pursuant to
35
Ill.
Ad-rn. Code 105.
Board- review is
restricted- to the record which was
before the Agency when the
permit
was issued, +as required by
Sec-~tiona40(a)
and 40(b)
of the Environmental Protection
Act-)-.
d)
35
Ill.
Ad-rn. Code 702,
703, and 704 contain rules on UIC
and- MCRA
permit
applications, permit conditions, and related matters.
(Source:
Amend-ed- at 18 Ill.
Meg.
________,
effective
______________________
Section 705.102
Definitions
The definitions
in
35
Ill.
Ad-rn.
Code 702 apply to this Part.
(Board ~oteBOARD NOTE:
SeeDerived from 40 CFR 124.2_(1993).-)-
(Source:
Amended at
18
Ill. Meg.
,
effective
______________________
Section 705.103
Computation of Time
Any time period allowance schedule
or requirement provided under this Part
shall be computed- in accordance with
35
Ill.
Ad-rn.
Code 101.105.
BOARD
NOTE:
This Section corresponds with 40 CFR 124.20
(1993).
(Source:
Amended at
18
Ill.
Meg.
________,
effective
______________________
SUBPART B:
PERMIT APPLICATIONS
Section 705.121
Permit Application
a)
Any person who requires
a permit under the RCRA
(Resource
Conservation and Recovery Act) or UIC
(Underground Injection
Control) program shall complete,
sign,
and submit to the Agency an
application for each permit required under 35
Ill.
Ad-rn.
Code
703.121 andor 35
Ill.
Ad-rn.
Code 704.101 through 704.105,
as
appropriate.
Applications are not required for underground
injections authorized by rule under Eubpart C of
35
Ill.
Ad-rn.
Code
704.Subpart
C.
b)
The Agency shall not begin the processing of a permit until the
applicant has fully complied with the application requirements for
that permit.
c)
Permit applications must comply with the signature and
certification requirements of 35
Ill.
Ad-rn.
Code 702.126.
-(Board N0tcBOARD NOTE:
SeeDerjved from 40 CFR 124.3(a)__(l993).±
(Source:
Amended at
18
Ill. Meg.
,
effective
______________________
Section 705.122
Completeness
a)
The Agency shall review for complctcncoo every application
for a
RCRA
or UIC permit
for completeness.
102
b)
Time limitations:
1)
Each application for a permit submitted- by
a new HWN
(hazardous waste management)
facility or new UIC injection
well shall be reviewed for completeness within
30 days of
its
receipt.
2)
Each application for a permit by an existing HWM facility
(both Parts A
and- B of the application) or existing
injection well shall be reviewed for completeness within 60
days of receipt.
C)
Upon completing this review, the Agency shall notify the applicant
in writing whether the application is complete.
If the
application is
incomplete, the Agency shall list the information
necessary to make the application complete.
d-)
When the application
is
for an existing HWM
(Hazardous Waste
Management)
facility or an existing UIC injection well, the Agency
shall also specify in the notice of deficiency
a date for
submitting the necessary information.
e)
The Agency shall, within the time limitations specified
in
paragraphsubsection
(b)
above,
notify the applicant whether
additional information submitted in response to a notice of
deficiency
is deemed sufficient or insufficient to complete the
application.
f)
After the application is deemed completed-, the Agency may request
additional information from an applicant only when necessary to
clarify, modify, or supplement previously submitted material.
Requests for such additional information will not
rend-er an
application incomplete.
(Board N0toBOARD NOTE:
SeeDerived from 40 CFR 124.3(c)
(1993).-)-
(Source:
Amended at
18
Ill. Meg.
________,
effective
_____________________
Section 705.123
Incomplete Applications
If an applicant fails or refuses to correct deficiencies in t4’t~itspermit
application,
the permitAgency may either
~e—den~e4~
or issued the permit,
on
the basis of the information available to the Agency, after public notice has
been given pursuant to Sec--tion 705.161(a)(1);
if warranted-, appropriate
enforcement actions may be taken.
(Board N0toBOARD NOTE:
BeeDerived- from 40 CFR 124.3(d)_(1993).-)-
(Source:
Amended
at
18
Ill.
Meg.
________,
effective
_____________________
Section 705.124
Site Visit
In the event that the Agency decides, pursuant to Section 4(d)
of the Act,
that
a site visit
is
necessary for any reason in conjunction with the
processing of an application,
the failure or refusal by the applicant to
permit
such an Agency Bite visit shall be deemed a failure or refusal to
correct application deficiencies for purposes of Sec-~ticn705.123.
-(-Board UotoBOARD NOTE:
SeeDerived from 40 CFM 124.3(d)
(1993).-)-
(Source:
Amended
at
18
Ill. Meg.
________,
effective
_____________________
103
Section 705.125
Effective Date
The effective date of a~permit application is the date on which the Agency
notifies the applicant that the application is complete, as provided
in
Sec-rtion 705.122.
(Board ?IotoBOARD NOTE:
SeeDerived from 40 CFM 124.3(f)_(1993).-)-
(Source:
Amended
at
18
Ill. Meg.
________,
effective
_____________________
Section 705.126
Decision Schedule
For each permit application from a major new HWM facility or major new UIC
injection well, the Agency shall, no later than the effective date of the
application, prepare
and- mail to the applicant
a project decision schedule.
The schedule shall specify target dates by which the Agency intends to:
a)
Prepare a draft permit pursuant to 705.Subpart C
b)
Give public notice pursuant to 705.Subpart D
C)
Complete the public comment period,
including any public hearing
Pursuant to 705.Subpart E
and
d)
Issue a final permit Pursuant to 705.Subpart F.
(Board NotoBOARD NOTE:
BeeDerived from 40 CFR 124.3(g)_(1993).-)-
(Source:
Amended at
18
Ill.
Meg.
_______,
effective
_____________________
Section 705.127
Consolidation of Permit Processing
Whenever a facility or activity requires more than one permit under more than
one part of the Board’s rules
and- regulations, processing of two or more
applications for those permits the Agency may,
in
its discretion and
consistent the individual requirements for each permit1 be—consolidated the
processing of those permit apPlications in accordance with Agency procedures.
BOARD
NOTE:
Derived from 40 CFM 124.4
(1993).
(Source:
Amended at
18
Ill.
Meg.
________,
effective
______________________-
SUBPART
C:
APPLICATION REVIEW
Section 705.141
Draft Permits
a)
Once an application
for permit
is complete,
the Agency shall
tentatively decide whether to prepare a draft permit or to deny
the application.
b)
If the Agency tentatively decides to deny the permit application,
it shall issue
a notice of intent to deny.
A notice of intent to
deny shall be subject to all of the procedural requirements
applicable to draft permits under p-aragraphsubsection
(d)
below.
If the Agency’s final decision -(-made pursuant to Section 705.201+
is that the tentative decision to deny the permit application was
incorrect,
it shall withdraw the notice of intent to deny and
proceed to prepare
a draft permit under paragraphsubsection
(c)
below.
104
c)
If the Agency decides to prepare a draft permit,
it shall prepare
a draft permit that contains the following information:
1)
All conditions under 35
Ill.
Ad-rn.
Code 702.140 through
702.152
and-
35
Ill.
Ad-ni.
Code 702.160;
2)
All compliance schedules under
35
Ill.
Ad-ni.
Code 702.162
and-
702.163;
3)
All monitoring requirements under 35
Ill.
Ad-rn.
Code 702.164;
4;
~.a.Prograni-specificPermit conditions:
A)
RCRA
permits,
standards for treatment,
storage, and/or
disposal and other permit conditions under 35 Ill.
Ad-ni.
Code 703.241 at oog.Subpart F
B)
UIC permits,
permit conditions under 35
Ill.
Ad-rn.
Code
704.-1.&~-Subpart_E.
d)
All draft permits
and- notices of intent to deny prepared under
this e~ectionshall be accompanied
by a statement of basis, -(-under
Section 705.142+, or fact sheet,
-fund-er Section
705.143-)-,
and
shall be based on the administrative record i-Pursuant to Section
705.144-)-, publicly noticed -(-pursuant to 705.Subpart
Di-, and made
available for public comment
-(.Pursuartt to Section 705.181).
The
Agency shall give notice of opportunity for a public hearing
i-pursuant to Section 705.182-)-,
issue a final decision i-Pursuant to
Section 705.201-)., and respond to comments -(-Pursuant to Section
705.210-)..
An appeal may be taken under Section 705.212.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR
124.6_(1993).-)-
(Source:
Amended at
18 Ill. Meg.
________,
effective
_____________________
Section 705.142
Statement of Basis
The Agency shall prepare
a statement of basis, for every draft permit or
notice of intent to deny for which a fact sheet under Section 705.143
is not
prepared.
The statement of basis shall briefly describe the derivation of the
conditions of the draft permit and the reasons for them or,
in the case of
notices of intent to deny,
reasons supporting the tentative decision.
The
statement of basis shall be sent to the applicant and,
on request,
to any
other person who requests
it.
(Board N0t0BOARD NOTE:
SeeDerived from 40 CFR 124.7_(1993).+
(Source:
Amend-ed at 18
Ill. Reg.
________,
effective
_____________________
Section 705.144
Administrative Record-
for Draft Permits or Notices of Intent
to Deny
a)
The provisions of
a draft permit or notice of intent to deny ~
anpljcation shall be based on the administrative record,
as
defined in this esection.
b)
The administrative record shall consist of:
1)
The application and- any supporting data furnished by the
applicant;
105
2)
The draft permit or notice of intent to deny the
application;
3)
The statement of basis,
i-as provided
in Section 705.142-)-, or
fact sheet,
i-as provided
in Section 705.143+;
4)
All documents cited
in the statement of basis or fact sheet;
and
5)
Other documents contained in the supporting file for the
draft permit or notice of intent to deny.
6)
An index of all documents or items
included- in the record,
by location in the record.
c)
Published- material that
is generally available,
and which is
included in the administrative record- under paragraphsubsection
(b)
above,
need- not be physically included with the rest of the
record-, as long as
it
is specifically referred to
in the statement
of basis or the fact sheet.
d-)
This section applies to all draft permits or notices of intent to
deny for which public notice
~
first given under 705.Subpart D
after the effective date of these rcgulationoMarch 3,
1984,
for
UIC permits, or January 3j,
1986,
for
RCRA
permits.
(Board N0taBOARD NOTE:
SeeDerjved from 40 CFR 124.9_(1993).-)-
(Source:
Amend-ed at
18
Ill. Reg.
_______,
effective
_____________________
SUBPART D:
PUBLIC NOTICE
Section 705.161
When Public Notice Must Be Given
a)
The Agency shall give public notice thatwhenever any of the
following actions have occurred:
1)
A permit application has been tentatively denied under
Section 705.141(b);
2)
A draft permit
has been prepared under Section 705.141(c);
and
3)
A hearing has been scheduled under Section 705.182.
b)
No public notice
is required when a request
for permit
modification
is denied under Section 705.128(b).
Written notice
of thatany
such denial shall be given to the requester and to the
permittee.
C)
Public notices may describe more than one permit or permit action.
-(-Board- N0teBOARD NOTE:
SeeDerived from 40 CFR 124.10(a)_(1993).-)-
(Source:
Amended
at
18
111. Reg.
________,
effective
_____________________
Section 705.162
Timing of Public Notice
a)
Public notice of the preparation of
a draft permit
(including
a
notice of intent to deny
a permit application) required under
Section 705.161 shall allow:
106
1)
For UIC permits,
at least 30 days for public comment;
2)
For
RCRA
permits,
at least 45 days for public comment.
b)
Public notice of
a public hearing shall be given:
1)
For UIC permits at least 30 days before the hearing;
2)
For
RCMA
permits,
at least 45 days before the hearing.
c)
Public notice of
a hearing may be given at the
same
time as public
notice of the draft permit, and the two notices may be combined.
(Board ?)0teBOARD NOTE:
LeeDerived from
40 CFR 124.10(b)_(19931.-).
(Source:
Amend-ed at 18
Ill.
Meg.
________,
effective
______________________
Section 705.164
Contents of Public Notice
a)
All public notices
issued- under this Part shall contain the
following minimum information:
1)
NThe name
and-
ad-dress of the Agency;
2)
NThe_name and
ad-dress of the permittee or permit applicant
and,
if different,
of the facility or activity regulated by
the permit;
3)
A brief description of the business conducted at the
facility or the activity described
in the permit application
or the draft permit;
4)
NThe_name,
address, and telephone number of a person from
whom interested persons may obtain further information,
including copies of the draft permit-,:
a copy of the
statement of basis or fact
sheet-,-~and
a copy of the permit
application; and
5)
A brief description of the comment procedures required by
Sections 705.181 and 705.182j
and the time and place of any
hearing that will be held,
including a statement of ~
procedures to request
a hearing (unless
a hearing has
already been sched-uled)~and the other procedures by which
the public may participate
in the final permit decision-ri
6)
The location of the administrative record required by
Section 705.144, the time at which the record will be open
for public inspection,
and a statement that all data
submitted by the applicant
is available as part of the
administrative record-v;
and
7)
Any additional information that the Agency considered-s
necessary or proper.
b)
Public notices
for hearings.
In addition to the general public
notice described
in Section 705.164(a),
the public notice of
a
hearing under Section 705.182
shall contain the following
information:
1)
Reference to the date of previous public notices relating to
the permit-t-~
107
2)
~The_date, time,
and place
of the hearing;
and
3)
A brief description of the nature and purpose of the
hearing,
including the applicable rules and procedures.
(Board NoteBOARD NOTE:
SeeDerived from 40 CFR 124.10(d)
(1993)
.-)-
(Source:
Amended at 18
Ill.
Reg.
________,
effective
______________________
Section 705.165
Distribution of Other Materials
In addition to the general public notice described in Section 705.164(a),
all
persons identified in Section 705.163(a)
shall be mailed a copy of the fact
sheet or statement of basis,
the permit application
(if any), and the draft
permit
(if any).
(Board NotCBOARD NOTE:
SeeDerived- from 40 CFR 124.10(e)_(1993).-)-
(Source:
Amended at 18
Ill. Meg.
________,
effective
______________________
SUBPART
E:
PUBLIC COMMENT
Section 705.181
Public Comments and Requests for Public Hearings
During the public comment period provided under 705.Subpart D, any
interested-
person may submit written comments on the draft permit to the Agency, ~.tritten
comments on
the
draft permit and any interested person may request
a public
hearing, i~no hearing has already heen schcdulcd
A request for a public
hearing shall be in writing and- shall state the nature of the issues proposed
to be raised in the hearing.
AThe Agency shall consider all
comments shall be
considered in making the final decision and shall be—answered, as provided in
Section 705.210.
(Board NoteBOARD NOTE:
BeeDerived from 40 CFM
124.11_(1993).-)-
(Source:
Amended at
18
111. Meg.
,
effective
_____________________
Section 705.182
Public Hearings
a)
When the Agency
hold-s public hearings.
1)
The Agency shall hold
a public hearing whenever it
finds, on
the basis of requests,
a significant degree of public
interest
in
a draft
permit-fe-)- on the basis
of
requests.
2)
The Agency also may hold
a public hearing
at
its discretion,
whenever such a hearing might clarify one or more issues
involved in the permit decision.
3)
For
MCRA
permits only:
A)
The Agency shall hold
a public hearing whenever
it
receives, within 4~days of publio notice under
Section 705.162(a), written notice of opposition to a
draft permit and a request for
a hearing within 45
days of public notice under Section 705.162(a)
B)
Whenever possible, the Agency-, shall
schedule the
hearing at a location convenient to the nearcat
population center nearest to the proposed facility.
108
4)
Public notice of the hearing shall be given as specified in
Section 705.162.
b)
Whenever a public hearing will be held,
the Agency shall designate
a hearing officer for the hearing who shall be responsible for its
scheduling and orderly conduct.
Conduct of the hearing shall be
in accordance with Agency rules and procedures,
and the hearin~
shall be held in the county in which the HWM or UIC facility-, or
proposed HWM or UIC facility-, is located.
C)
Any person may submit oral or written statements and data
concerning the draft permit.
Reasonable limits may be set by the
H~earingQ9fficer
t*pon
the time allowed- at hearing for oral
statements,
and the submission of statements
in writing may be
required-.
Written statements shall be accepted until
the close of
the public comment period.
The public comment period under
705.Subpart D shall automatically be extended to
a date not later
than 30 days after the close of any public hearing under this
section.
The hearing officer may, upon request, extend the
comment period- by not more than 30 days
if reasonably necessary to
assure all parties sufficient opportunity
to submit comments.
d)
A tape recording or written transcript of the hearing shall be
made available to the public for inspection during regular
business hours
at the Agency’s office in Springfield.
Copies
of
such recording or transcription shall be made available on
request, upon payment of reasonable costs of duplication pursuant
to applicable Agency rules and procedures.
-(Board NotCBOARD NOTE:
SeeDerived from 40 CFR 124.12_(1993).-)-
(Source:
Amended at 18
Ill. Meg.
________,
effective
_____________________
Section 705.183
Obligation to Raise Issues and Provide Information
All persons,
including applicants, who believe any condition of
a draft permit
is inappropriate, or that the Agency’s tentative decision to deny an
application or prepare a draft permit
is inappropriate, must raise all
reasonably ascertainable issues and submit
all reasonably available arguments
and factual grounds supporting their position,
including all supporting
material,
by the close of the public comment
period-
(including any public
hearing) under 705.Subpart D.
All
supporting materials
shall be included in
full
and may not be incorporated by reference, unless they are already part
of
the administrative record
in the same proceeding,
or consist of B~tateor
~ederal
Btatutes and regulations,
documents of general applicability,
or
other generally available reference materials.
Commenters
shall make
supporting material not already included in the administrative record
available to the Agency, as directed by the Agency.
-(Board NoteBOARD NOTE:
SeeDerived from 40 CFM 124.13_(1993).-).
(Source:
Amended at 18
Ill.
Reg.
________,
effective
______________________
Section 705.184
Reopening of Public Comment Period
a)
If any data,
information, or arguments submitted during the public
comment period appear to raise substantial new questions
concerning a permit,
the Agency may take one or more of the
following actions:
1)
Prepare
a new draft permit,
appropriately modified,
under
Section 705.141;
109
2)
Prepare
a revised statement of basis,
a fact
sheet, or ~
revised fact sheet
and- reopen the comment period under
paragraphsubsection (a)(3) below
3)
Reopen or extend- the comment period- to give interested
persons an opportunity to comment on the information
or
arguments submitted.
b)
In the alternative, the Agency may reverse its tentative decision
to prepare a draft permit or issue a notice of intent to deny
i-pursuant to Section 705.141(b)
and-or
705.141(ec)-)-.
C)
In the alternative,
the Agency may revise the draft permit in
response to comments and issue a final permit pursuant to Section
705. 201.
d)
Comments filed during the reopened comment period shall be
limited-
to the substantial new questions that
caused- its reopening.
The
public notice under 705.Subpart 0 shall define the scope of the
reopening.
e)
Public notice of any of the above actions shall be issued under
7O5.Subpart D.
-(Board N0teBOARD NOTE:
SeeDerived
from 40 CFR 124.14_(1993).-).
(Source:
Amend-ed at
18
Ill.
Meg.
,
effective
______________________
SUBPART
F:
PERMIT ISSUANCE
Section 705.201
Final Permit Decision
a)
After the close of the public comment period under 705.Subpart
0
or Section 705.182, the Agency shall issue a final permit
decision.
b)
A final permit decision shall consist of either:
1)
A letter of denial that includ-~ngeseach of the following:
A)
The sections of the appropriate Act whichthat may be
violated if the permit were granted;
B)
The provisions of Board regulations whichthat may be
violated
if the permit were granted;
C)
The specific type of information,
if
any, whiohthat
the Agency deems the applicant did not provide with
its application;
and
D)
A statement of specific reasons why the Act and the
regulations might not be met
if the permit were
granted;
2)
Or issuance of
a permit.
c)
On the date of the final permit decision,
the Agency shall notify
the applicant and each person who has submitted written comments
or requested notice of the final permit decision.
This notice
shall
include reference to the procedures for appealing an Age~çy
decision on
a
RCRA
or UIC permit decision.
110
d-)
A final permit shall become effective 35 days after the final
permit decision made under paragraphsubsection
(a) above,
unless:
1)
A later effective date is specified in the permit; or
2)
Review is requested- under Section 705.212,
in which case the
effective date and conditions will be stayed as provided in
Sections 705.202 through 705.205.
BOARD NOTE:
This Section correspond-s with and is partially
derived- from 40 CFM 124.15
(1993).
(Source:
Amend-ed at
18 Ill.
Reg.
________,
effective
_____________________
Section 705.202
Stay. in Cenoral upon Timely Application for Renewal
35
Ill.
Adm. Code 702.125 provides for continuation of expiring
RCRA
and UIC
permits where
a timely application has been filed.
cln such a case,
the Board
intend-s that,
in ouch
a pace,
unlace
it orders othorwiooT the old permit
should expire at
the
same
time the new permit
becomes effective unless the
Board orders otherwise.
BOARD
NOTE:
Derived
in part from 40 CFR 124.16(a) (2)
and
(cI(2)
(1993).
(Source:
Amended at
18
Ill.
Meg.
________,
effective
_____________________
Section 705.203
Staye for New Application. or upon Untimely Application for
Renewal
a)
This section applies to:
1)
New HWM
facilities and new injection wells whiohthat:
A)
Have never had a
MCRA
or UIC permit; or
B)
Had a
RCMA
or UIC permit whichthat expired without a
timely application for renewal;
and
2)
Existing HWM facilities
and- existing HWM injection wells
whiohthat:
A)
Have never had a RCRA or UIC permit and have failed to
file a timely first application; or
B)
Had a RCRA or UIC permit whichthat expired without
a
timely application
for renewal.
b)
If an appeal to the Board- is filed,
the effective date of the
permit and all conditions are stayed until the appeal
is
concluded,
unless the Board orders otherwise.
During the appeal,
the applicant
is without a permit unless the Board orders
otherwise.
BOARD NOTE:
Derived in part from 40 CFR l24.16(a)(l)
(1993).
(Source:
Amended at
18
Ill.
Meg.
_______,
effective
_____________________
Section 705.204
Stay, 4e~uponReapplication.
and-or
for Modification.
a)
This section applies to new or existing HWM facilities and UIC
wells whiohthat have a RCRA or UIC permit and which make
a timely
application for renewal or request for modification.
111
b)
If
an appeal to the Board
is
filed,
the effective date of the
permit and all
conditions are stayed- until the appeal
is concluded
or until the Board orders otherwise.
During the appeal, the
applicant must comply with the conditions of the
expired- permit,
unless the Board- orders otherwise
(35 Ill.
Adm. Code 702.125).
C)
The applicant must comply with the conditions of the existing
permit during
a modification proceeding under Section 705.128.
BOARD NOTE:
Derived from 40 CFR 124.l6(c)(1)
(1993).
(Source:
Amended at
18
Ill.
Reg.
_______,
effective
_____________________
Section 705.205
Stay. Following Interim Status
a)
This section applies to any facility ~hiohthat has RCRA interim
status or permit by ruler or a UIC permit by
rule-,- and
whichthat
makes a timely application
for its first MCRA or UIC permit.
b)
If
an appeal to the Board-
is
filed,
the effective date of the
permit and all conditions are stayed until the appeal
is
concluded-, unless the Board orders otherwise.
During the appeal,
the applicant must comply with the rules applicable to facilities
with
RCRA
interim status,-~permit by rule
(35 Ill.
Ad-rn. Code
703
Subpart
C)
or UIC permit by rule
(35
Ill. Adm. Code
703-,----,Subpart
C or
704,
Cubpart C).
BOARD NOTE:
Derived from implication from 40 CFR 124.15(b)
(1993); 144.31(a)
(1993),
as amended at
58 Fed. Meg.
63897
(Dec.
3,
1993);
and 270.60 and 270.631a)
(1992).
(Source:
Amended at 18
Ill.
Meg.
_______,
effective
_____________________
Section 705.210
Agency Response to Comments
a)
At the time that any final permit decision is issued under Section
705.201,
the Agency shall issue
a response to comments.
This
response shall:
1)
Specify which provisions,
if
any,
of the draft permit have
been changed
in the final permit decision,
and the reasons
for the change;
and
2)
Briefly describe and respond to all significant comments on
the draft permit raised during the public comment period.
b)
Any documents cited in the response to comments shall be included
in the administrative record-
for the final permit decision as
defined
in Section 705.211.
If new points are raised or new
material
supplied during the public comment period-,
the Agency may
document its response to those matters by adding new materials to
the administrative record.
C)
The response to
~e—comrnents
shall be available to the public in
accordance with Agency rules and procedures
for access to Agency
documents.
+BoardOAMD Ne~eOTE:
SeeDerived
in part
from 40 CFR 124.17_1993.-~-
(Source:
Amended at
18
Ill. Reg.
________,
effective
______________________
Section 705.211
Administrative Record
for Final
Permits or Letters of Denial
112
a)
The Agency shall base final permit decisions under Section 705.201
on the administrative
record- defined- in this eSection.
b)
The administrative record for any final permit or letter of denial
shall consist of the administrative record- for the draft permit
and-:
1)
All comments
received- during the public comment period
provided- under 705.Subpart D
(including any extension or
reopening under Section 705.184);
2)
The tape or transcript of any hearing held under Section
705.182;
3)
Any written materials submitted at such a hearing;
4)
The response to comments required- by Section 705.210 and any
new material placed- in the record under that section;
5)
Other documents contained in the supporting file for the
permit; and
6)
The final permit or letter of denial.
c)
The additional documents required under paragraphsubsection
(b)
above should- be added to the record- as soon as possible after
their receipt or publication by the Agency.
The record shall be
completed- on the date which the final permit or letter of denial
is issued.
d)
This section applies to all final RCRA permits, UIC permits, and
letters of denial, when the draft permit was subject to the
administrative record requirements of Section 705.144.
i-Bo-ardOARD Net~eOTE:
SeeDerived from 40 CFR 124.18.-)-
(Source:
Amended at
18
Ill.
Meg.
________,
effective
_____________________
Section 705.212
Appeal of Agency Permit Determinations
a)
Within 35 days after a RCRA or UIC final permit decision
notification has been issued- under Section 705.201, the applicant
may petition the Board to contest the final permit decision.
If
the applicant failed to file comments or failed to participate in
the public hearing on the draft permit he or she may petition for
administrative review only to the extent of the change from the
draft to the final permit decision.
The petition shall include a
statement of the reasons supporting that review,
including a
demonstration that any issues being raised were raised during the
public comment period
(including any public hearing)
to the extent
required in this part; in all other respects,
the petition shall
comport with the requirements for permit appeals generally,
as set
forth in 35
Ill. Adm.
Code
105.
Nothing
in this paragraph is
intended to restrict appeal rights under Section 40(b)
of the
Environmental Protection Act.
b)
Within 35 days after a final permit decision notification has been
issued- under Section 705.201 for a
RCRA
permit
for a hazardous
waste disposal site, any person who filed comments on that draft
permit or participated
in the public hearing may petition the
Board- to contest the issuance of the permit.
Any person who
failed to file comments or failed to participate in the public
113
hearing on the draft permit may petition for administrative review
only to the extent of the changes from the draft to the final
permit decision.
The petition shall include a statement of the
reasons supporting that review,
including a demonstration that any
issues being raised were raised during the public comment period-
(including any public hearing) to the extent required in this
part;
in all other respects,
the petition shall comport with the
requirements
for permit appeals generally,
as set forth in
35 Ill.
Ad-rn.
Code 105.
C)
Except as otherwise provided in this Part, the provisions of 35
Ill. Adm.
Code 105 generally shall govern appeals of RCRA and UIC
permits under this section; references
in the procedural rules to
the Agency
permit
application record shall mean,
for purposes of
this section, the administrative record for the final permit or
letter of denial,
as defined- in Section 705.211.
d)
An appeal under paragraphsubsections
(a)
or
(b)
above
is
a
prerequisite to the seeking
of judicial review of the final agency
action under the Administrative Review Act
(Ill.
Rev.
Stat.
1981,
-eh.
110, par. 264)15
ILCS 1001.
BOARD
NOTE:
This Section corresPonds with 40 CFR 124.19
(1993).
(Source:
Amend-ed at 18 Ill.
Meg.
________,
effective
_____________________)
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER d:
UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE TANK PROGRAMS
PART
730
UNDERGROUND INJECTION CONTROL OPERATING
REQUIREMENTS
SUBPART A:
GENERAL
Section
730.101
Applicability, Scope and Effective Date
730.102
Laws Authorizing Regulations
730.103
Definitions
730.104
Criteria for Exempted Aquifers
730.105
Classification of Injection Wells
730.106
Area of Review
730.107
Corrective Action
730.108
Mechanical Integrity
730.109
Criteria for Establishing Permitting Priorities
730.110
Plugging and Abandoning Class
I and
III Wells
SUBPART
B:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS
I NON-HAZARDOUS WELLS
Section
730.111
Applicability
730.112
Construction Requirements
730.113
Operating, Monitoring and Reporting Requirements
730.114
Information to be Considered by Agency
SUBPART
C:
CRITERIA AND STANDARDS APPLICABLE
TO CLASS
II WELLS
Section
730.121
Adoption of Criteria and Standards Applicable to Class
II Wells by
the Illinois Department of Mines and Minerals
114
SUBPART D:
CMITERIA
AND
STANDARDS APPLICABLE
TO CLASS III WELLS
Section
730.131
Applicability
730.132
Construction Requirements
730.133
Operating, Monitoring and Reporting Requirements
730.134
Information to be Considered by the Agency
SUBPART
F:
CRITERIA
AND
STANDARDS APPLICABLE
TO CLASS V INJECTION WELLS
Section
730.151
Applicability
730.152
Inventory and Assessment
SUBPART G:
CRITERIA
AND
STANDARDS APPLICABLE TO CLASS
I
HAZARDOUS WELLS
Section
730.161
Applicability and Definitions
730.162
Minimum Criteria for Siting
730.163
Area
of Review
730.164
Correction Action for Wells in the Area of Review
730.165
Construction Requirements
730.166
Logging, Sampling, and Testing Prior to New Well Operation
730.167
Operating Requirements
730.168
Testing and Monitoring Requirements
730.169
Reporting Requirements
730.170
Information to be Evaluated by the Director
730.171
Closure
730.172
Post—Closure Care
730.173
Financial Responsibility for Post-Closure Care
AUTHORITY:
Implementing Sections
13 and 22.4 and authorized by Section 27 of
the Environmental Protection Act (Ill.
Rev. Ctat.
1991
oh.
l11~,pars.
1013,
1-022.4 and 1027
415
ILCS 5/13,
S-/-22.4, and ~27)).
SOURCE:
Adopted in R81-32,
47 PCB 93,
at
6 Ill. Reg.
12-,.479,
effective as
noted in 35
Ill.
Ad-rn.
Cod-c 700.lO6March
3,
1984 amended
in R82—19,
53 PCB
131
at
7
Ill.
Meg.
14426 effective as noted- in
35
Ill. 2~dm. Codc 700.l06March
3,
1984 recodified at 10 Ill.
Meg.
14174; amended in R89—2 at
14
Ill. Meg.
3130,
effective February 20,
1990;
amended in R89—1l at
14
Ill.
Meg.
11959,
effective July 9,
1990; amended in R93-6 at
17 Ill. Meg.
15646, effective
September 14,
1993;
amended in R94—5 at 18
Ill.
Req.
,
effective
SUBPART A:
GENERAL
Section 730.106
Area of Review
The area of review for each injection well or each field, project, or area in
Illinois shall be determined according to either paragraphsubsection
(a)
or
(b)
below.
The Agency may solicit input from the owners or operators of
injection wells within Illinois
as to which method
is most appropriate for
each geographic area or
field-.
a)
Zone of endangering influence.
1)
The zone of endangering influence shall be:
A)
In the case of an application
for a well permit under
35
Ill.
Ad-rn.
Code 704.161,
that area the radius of
which
is the lateral distance
in which the pressures
115
in the injection zone may cause the migration of the
injection and/or formation fluid into an underground
source of drinking water;
or
B)
In the case of an application for an area permit under
35
Ill. Adm. Code 704.162, the project area plus
a
circumscribing area the width of which is the lateral
distance from the perimeter of the project area,
in
which the pressures in the injection zone may cause
the migration of the injection and/-or formation fluid
into an underground- source of drinking water.
2)
Computation of the zone of endangering influence may be
based- upon the parameters listed below
and- should be
calculated- for an injection time period equal to the
expected life of the injection well or pattern.
The
following modified- Theis equation illustrates one form
whichthat the mathematical
mod-el may take.
1/2
(2.25
K H t)
x
1/2
(C 10
~=
2.25KHC
N
SxlOx
where:
4 Pi K H
(W-BC)
‘C—
___________
2.3 Q
~=
4~tKH(hW-hbO)
xSbGb)
2.3Q
r
=
Radius of endangering influence from injection well
(length)
K
=
Hydraulic conductivity of the injection zone
(length/time)
H
=
Thickness of the injection zone (length)
t
=
Time of injection
(time)
S
=
Storage coefficient
(dimensionless)
Q
=
Injection rate (volume/time)
B
=
Observed original hydrostatic head of injection zone
(length) measured from the base of the lowermost
underground source of drinking water
116
W
=
Hydrostatic head- of underground- source of drinking
water (length) measured from the base of the lowest
underground- source of drinking water
G
=
Specific gravity of fluid in the injection zone
(dimensionless)
P4ir
=
3.14~159
(dimensionless)
3)
The above equation is based- on the following assumptions:
A)
The injection zone is homogenous
and- isotropic;
B)
The injection zone has infinite area extent;
C)
The injection well penetrates the entire thickness of
the injection zone;
D)
The well diameter is infinitesimal compared to
“r”
when injection time is
longer than a few minutes; and
E)
The emplacement of fluid into the injection zone
creates instantaneous increase in pressure.
b)
Fixed Radius.
1)
In the case of an application for a well permit under 35
Ill. Adm. Code 704.161
a fixed radius around the well of not
less than 402 meters
(1/4 mile) may be used.
2)
In the case of an application for an area permit under 35
Ill. Adm. Code 704.162
a fixed width of not less than 402
meters
(1/4 mile)
for the circumscribing area may be used.
3)
In determining the fixed radius,
the following factors shall
be taken into consideration:
the chemistry of injected and
formation fluids; the hydrogeology; the population
and-
groundwater use
and- dependence;
and historical practices in
the area.
C)
If the area of review
is determined by a mathematical model
pursuant to paragraphsubsection
(a)
above the permissible radius
is the result of such calculation even
if
it
is less than 402
meters (1/4 mile).
(Source:
Amended- at
18
Ill. Meg.
,
effective
_____________________
Section 730.108
Mechanical Integrity
a)
The applicant or permittee must demonstrate mechanical integrity
when required by other Sections.
An injection well has mechanical
integrity if:
1)
There
is no significant leak in the casing, tubing, or
packer; and
2)
There is no significant fluid movement into an underground
source of drinking water through vertical channels adjacent
to the injection bore.
b)
One of the following tests me~.mustbe used- to demonstrate the
absence of significant leaks under subsection (a)(1)
above:
117
1)
Monitoring of annuluc prcooureFollowing an initial pressure
test, monitoring of the tubing-casing annulus Pressure with
sufficient frequency to be representative,
as determined b~
the Agency, while maintaining
an annulus pressure different
from atmospheric pressure measured at the surface
or
2)
Pressure test with liquid or gas.
C)
One of the following methods may be
used- to determine the
absence
of significant
fluid- movement under subsection
(a)(2)
above:
1)
The results of
a temperature
or noise log;
or
2)
For Class III wells where the nature of the casing precludes
the use of the logging techniques prescribed at subsection
(c)(1)
above, cementing record-s demonstrating the presence
of adequate cement to prevent migration;
or
3)
For Class III wells where the Agency elects to rely on
cementing records to demonstrate the absence of significant
fluid movement,
the monitoring program prescribed by 35 Ill.
Adm. Code 730.113(b)
shall be designed to verify the absence
of significant
fluid- movement.
d)
The Agency may allow the use of
a test to demonstrate mechanical
integrity other than those listed in subsections
(b) and
(C)
above.
To obtain approval, the owner or operator shall submit
a
written request to the Agency whiohthat sets forth the proposed
test and all technical data supporting its use.
The Agency shall
approve the request
if the test will reliably demonstrate the
mechanical integrity of wells
for which its use
is proposed.
e)
In conducting and evaluating the tests enumerated in this Section
or others to be allowed by the Agency,
the owner or operator and
the Agency shall apply methods and
standard-s generally accepted in
the industry.
When the owner or operator reports the results of
mechanical
integrity tests to the Agency,
it shall include a
description of
the test and the method used.
In making its
evaluation, the Agency shall review monitoring
and- other test data
submitted since the previous evaluation.
fi
The A~encvmay require additional or alternative tests
if the
results Presented by the owner or operator under subsection
(e)
above are not satisfactory to the Agency to demonstrate that there
is no movement of fluid into or between USDW5 resulting
from the
iniection activity.
(Source:
Amended at
18 Ill.
Reg.
________,
effective
_____________________
SUBPART
B:
CRITERIA
AND
STANDARDS APPLICABLE TO
CLASS
I NON-HAZARDOUS WELLS
Section 730.114
Information
to be Considered by the Agency
This section sets forth the information whiohthat must be considered by the
Agency in authorizing Class
I wells.
For
an existing or converted new Class
I
well the Agency may rely on the existing permit file for those items of
information listed below which are current and accurate
in the file.
For a
newly drilled Class
I well,
the Agency shall require the submission of all the
information listed below.
For both existing and new Class
I wells certain
maps,
cross—sections, tabulations of wells within the area of review and other
118
data may be included in the application by reference provided they are
current, readily available to the Agency (for example,
in the Agency’s files)
and sufficiently identified to be retrieved.
a)
Prior to the issuance of
a permit for an existing Class
I well to
operate or the construction or conversion of a new Class
I well
the Agency shall consider the following:
1)
Information required in 35
Ill.
Ad-rn.
Code 702.120 through
702.124
and- 35
Ill. Adm. Code 704.161(c);
2)
A map showing the injection well for which a permit is
sought
and- the applicable area of review.
Within the area
of review,
the map must show the number,
or name,
and
location of all producing wells,
injection wells,
abandoned-
wells,
dry holes,
surface bodies of water,
springs, mines
(surface
and- subsurface), quarries,
water wells, and other
pertinent surface features including residences and roads.
The map should also show faults,
if known or suspected.
only information of public record-
is required to be included
on this map;
3)
A tabulation of data on all wells within the area of review
whichthat penetrate into the
proposed- injection zone.
Such
data shall include a description of each well’s type,
construction,
date drilled,
location,
depth,
record- of
plugging and/or completion,
and- any additional information
the Agency may require;
4)
Maps
and- cross sections indicating the general vertical and
lateral limits of all underground- sources of drinking water
within the area of review,
their position relative to the
injection formation, and the direction of water movement,
where known,
in each underground source of drinking water
whiohthat may be affected by the proposed injection;
5)
Maps and cross sections detailing the geologic structure of
the local area;
6)
Generalized maps and cross sections illustrating the
regional geologic setting;
7)
Proposed- operating data;
A)
Average and maximum daily rate and volume of the fluid-
to be injected;
B)
Average and maximum injection pressure;
and
C)
Source and an analysis of the chemical,
physical,
radiological, and biological characteristics of
injection fluids;
8)
Proposed formation testing program to obtain an analysis of
the chemical,
physical, and radiological characteristics of
and other information
on the receiving formation;
9)
Proposed stimulation program;
10)
Proposed injection procedure;
119
11)
Schematic or other appropriate drawings of the surface and
subsurface construction details of the system;
12)
Contingency plans to cope with all
shut—ins or well failures
so as to prevent migration of
fluids into any underground
source of drinking water;
13)
Plans
(including maps)
for meeting the monitoring
requirements
in Sec-rtion 730.113(b);
14)
For wells within the area of review whiohthat penetrate the
injection zone but are not properly completed or plugged-,
the corrective action proposed to be taken under 35
Ill.
Adm. Code 704.193;
15)
Construction procedures
including a cementing and casing
program,
logging procedures, deviation checks,
and a
drilling, testing,
and coring program;
and
16)
A certificate that the applicant has
assured-, through
a
performance
bond- or other appropriate means,
the resources
necessary to close, plug, or abandon the well as required by
35
Ill.
Ad-in.
Code 704.189.
b)
Prior to granting approval for the operation of a Class
I well the
Agency shall consider the following information:
1)
All available logging and testing program data on the well;
2)
A demonstration of mechanical integrity pursuant to Sec-T-tion
730. 108;
3)
The anticipated- maximum pressure and flow rate at whichthat
the permittee will operate;
4)
The results of the formation testing program;
5)
The actual injection procedure;
6)
The compatibility of injected waste with fluid-s
in the
injection zone and minerals in both the injection zone and
the confining zone; and
7)
The status of corrective action on defective wells in the
area of review.
c)
Prior to granting approval
for the plugging and abandonment of
a
Class
I well the Agency shall consider the following information:
1)
The type and number of plugs to be used,
2)
The placement of each plug including the elevation of the
top and- bottom;
3)
The type and grade
and- quantity of cement to be used,
4)
The method for placement of the plugs;
and-
5)
The procedure to be used to meet the requirements of
Sec-T-tion 730.110(c).
(Source:
Amended
at
18
Ill. Meg.
_______,
effective
_____________________
120
SUBPART F:
CRITERIA AND
STANDARDS
APPLICABLE
TO CLASS V INJECTION WELLS
Section 730.152
Inventory and Assessment
(Repealed-)
The
oi-mer or operator of any
Class V well shall, within one year ef the dat-c
of
approval by USEPA of the Illinois UlO program
for
Class
I,
III,
IV andV
wells,
netify the Agency of the e,~isteneeof any well meeting the definitions
of Class V
undot
his eantrel,
and- submit the
-4.n-v-entery infermatien required in
U
Ill.
Ad-rn.
Code 704.143(a).
(Source:
Repealed at 18
Ill.
Reg.
_______,
effective
