SUBPART A: GENERAL PROVISIONS

 

Section 807.101 Authority, Policy and Purposes

 

Pursuant to the authority contained in Sections 5, 22 and 27 of the Environmental

Protection Act, (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1001, et seq., "the Act") and

consistent with the policy and purposes expressed in Section 20 (Ill. Rev. Stat. 1981,

ch. 111 1/2, par. 1020) thereof, the Pollution Control Board ("the Board") adopts the

following Rules and Regulations.

 

Section 807.102 Repeals

 

These rules and regulations replace and supersede Rules and Regulations for Refuse

Disposal Sites and Facilities, adopted by the Illinois Department of Public Health on

March 22, 1966 and continuing in effect pursuant to Section 49(c) of the Act

"

UNTIL

REPEALED, AMENDED OR SUPERSEDED BY REGULATIONS UNDER THIS

ACT

,"

(Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1049(c)) except that any proceeding

arising from any occurrence happening prior to the applicable provision of these rules

and regulations shall be governed by the above described Rules.

 

Section 807.103 Severability

 

If any provision of these regulations or the application thereof to any person or in any

circumstance is adjudged invalid, such adjudication shall not affect the validity of these

Regulations as a whole or of any part thereof not adjudged invalid.

 

Section 807.104 Definitions

 

Except as hereinafter stated, and unless a different meaning of a word or term is clear

from its context, the definitions of words or terms as are used in this Part shall be the

same as those used in the Environmental Protection Act.

 

 

"Abandonment" means the failure to initiate closure within 30 days after

receipt of the "final volume of waste".

 

  

 

"Bedrock" means the solid rock exposed at the surface of the earth or

overlain by unconsolidated material.

 

  

 

"Cell" means compacted refuse completely enclosed by cover material.

 

  

 

"Compaction" means the reduction of volume of material under load.

Compaction is a "treatment".

 

  

 

"Cover material" means soil or other material that is used to cover

compacted solid waste in a sanitary landfill and that is free of objects that

---

would hinder compaction and free of content that would be conducive to

vector harborage, feeding or breeding.

 

  

 

"Development" means construction or installation of a unit.

 

  

 

"Disposal" means the discharge, deposit, injection, dumping, spilling,

leaking or placing of any waste into or on any land or water or into any

well so that such waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any waters,

including groundwater. As used in this Part, "disposal" includes methods

of storage or treatment in which there is no certain plan to remove wastes

or waste residues from the storage or treatment unit to another unit for

ultimate disposal.

 

  

 

"Facility", as used in this Part, means the same thing as "unit".

 

  

 

"Final volume of waste" means the last quantity of waste received by the

operator at the site. A quantity of waste is assumed to be the final volume

if the operator receives no additional waste within 30 days after receiving

that quantity, unless the operator demonstrates that the operator expects

additional waste. Waste arriving at the site for disposal in a manner which

is not controlled by the operator does not affect the determination of when

the final volume of waste was received by the operator.

 

  

 

"Groundwater" means water occurring in the zone of saturation in any

aquifer or soil.

 

  

 

"Hazardous waste" is as defined in 35 Ill. Adm. Code 721.

 

  

 

"Indefinite storage" means "treatment" or "storage" in such a manner that

a person would face technical difficulties or high costs in removing the

wastes or waste residues from the treatment or storage unit to a disposal

unit, so that it may become necessary to close the treatment or storage unit

as a disposal unit. A treatment or storage unit in which wastes or waste

residues remain for more than one year is assumed to be "indefinite

storage" unless the operator demonstrates that it will be technically

feasible and economically reasonable to remove the waste for ultimate

disposal prior to or upon closure.

 

  

 

"Leachate" means liquid containing materials removed from solid waste.

 

  

 

"Lift" means an accumulation of refuse which is compacted into a cell and

over which compacted cover is placed.

 

  

 

"Modification" means any physical change, or change in the method of

operation, of a solid waste management unit. For purposes of permits

---

issued pursuant to this Part, the Agency may specify conditions under

which a solid waste management unit may be operated without causing a

modification as herein defined.

 

  

 

"Operator" means a person who conducts a waste treatment, waste storage

or waste disposal operation.

 

  

 

"Owner" means a person who has an interest, directly or indirectly, in

land, including a leasehold interest, on which a person conducts a waste

treatment, waste storage or waste disposal operation. The "owner" is the

"operator" if there is no other person who is conducting a waste treatment,

waste storage or waste disposal operation.

 

  

 

"Permeability" means the capability of a material to pass a fluid.

 

  

 

"Professional Engineer" means an engineer registered to practice

engineering in the State of Illinois.

 

  

 

"Refuse" means waste.

 

  

 

"Salvaging" means the return of waste materials to beneficial use.

 

  

 

"Scavenging" means the removal of materials from a solid waste

management unit in a manner not in conformity with the regulations

governing salvaging.

 

  

 

"Site" means any location, place or tract of land used for waste

management. A site may include one or more units.

 

  

 

"Solid waste" means waste.

 

  

 

"Solid waste management" means "waste management".

 

  

 

"Storage" means the containment of waste, either on a temporary basis or

for a period of years, in such a manner as not to constitute disposal of such

waste.

 

  

 

"Surface water" means all water the surface of which is exposed to the

atmosphere.

 

  

 

"Treatment" means any method, technique or process designed to change

the physical, chemical or biological character or composition of any waste

so as to neutralize such waste or so as to render such waste safer for

transport, amenable for storage or reduced in volume.

 

  

 

"Unit" means any device, mechanism, equipment or area used for storage,

---

treatment or disposal of waste.

 

  

 

"Vector" means any living agent, other than human, capable of

transmitting, directly or indirectly, an infectious disease.

 

  

 

"WASTE" MEANS ANY GARBAGE, SLUDGE FROM A WASTE

TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR

AIR POLLUTION CONTROL FACILITY OR OTHER DISCARDED

MATERIAL, INCLUDING SOLID, LIQUID, SEMI-SOLID, OR

CONTAINED GASEOUS MATERIAL RESULTING FROM

INDUSTRIAL, COMMERCIAL, MINING AND AGRICULTURAL

OPERATIONS, OR FROM COMMUNITY ACTIVITIES, BUT DOES

NOT INCLUDE SOLID OR DISSOLVED MATERIALS IN DOMESTIC

SEWAGE, OR SOLID OR DISSOLVED MATERIALS IN IRRIGATION

RETURN FLOWS OR INDUSTRIAL DISCHARGES WHICH ARE

POINT SOURCES SUBJECT TO PERMITS UNDER 35 ILL. ADM.

CODE 309.102 OR SOURCE, SPECIAL NUCLEAR, OR BY-PRODUCT

MATERIALS AS DEFINED BY THE ATOMIC ENERGY ACT OF

1954, AS AMENDED (42 U.S.C.A. 2011 et seq.) OR ANY SOLID OR

DISSOLVED MATERIAL FROM ANY FACILITY SUBJECT TO THE

FEDERAL SURFACE MINING CONTROL AND RECLAMATION

ACT OF 1977 (P.L. 95-87) OR THE RULES AND REGULATIONS

THEREUNDER (Ill. Rev. Stat. 1983 ch. 96 1/2, par. 7901.01 et seq.

and 62 Ill. Adm. Code 1700 through 1845) (Section 3 (11) of the Act).

 

  

 

"Waste management" means the process of storage, treatment or disposal

of waste, not including hauling or transport.

 

  

 

"Water table" means that surface in unconfined water at which the

pressure is atmospheric and is defined by the levels at which water stands

in wells that penetrate the water just far enough to hold standing water.

 

  

 

"Working face" means any part of a sanitary landfill where waste is being

disposed.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.105 Relation to Other Rules

 

a) Persons and facilities regulated pursuant to 35 Ill. Adm. Code 700 through

749 are not subject to the requirements of this Part or of 35 Ill. Adm. Code

811 through 817. However, if such a facility also contains one or more

units used solely for the disposal of solid wastes, as defined in 35 Ill.

Adm. Code 810.103, such units are subject to requirements of this Part

and 35 Ill. Adm. Code 811 through 817.

 

---

b) Persons and facilities subject to 35 Ill. Adm. Code 807, 809 or 811

through 817 may be subject to other applicable Parts of 35 Ill. Adm. Code:

Chapter I based on the language of those other Parts. Specific examples

of such applicability are provided as explained at 35 Ill. Adm. Code

700.102.

 

c) The requirements of 35 Ill. Adm. Code 810 through 817 are intended to

supersede the requirements of this Part. Persons and facilities regulated

pursuant to 35 Ill. Adm. Code 810 through 817 are not subject to the

requirements of this Part. This Part does not apply to new units as defined

in 35 Ill. Adm. Code 810.103.

 

(Source: Amended at 19 Ill. Reg. 12549, effective August 15, 1996)

 

SUBPART B: SOLID WASTE PERMITS

 

Section 807.201 Development Permits

 

Subject to such exemption as expressly provided in Section 21(e) (Ill. Rev. Stat. 1981,

ch. 111 1/2, par. 1021(e)) of the Act as to the requirement of obtaining a permit, no

person shall cause or allow the development of any new solid waste management site or

cause or allow the modification of an existing solid waste management site without a

Development Permit issued by the Agency.

 

Section 807.202 Operating Permits

 

a) New Solid Waste Management Sites.

Subject to such exemption as expressly provided in Section 21(e) of the

Act (Ill. Rev. Stat. 1982, ch. 111 1/2, par. 1021(e)) as to the

requirement of obtaining a permit, no person shall cause or allow the use

or operation of any solid waste management site for which a Development

Permit is required under Section 807.201 without an Operating Permit

issued by the Agency, except for such testing operations as may be

authorized by the Development Permit.

 

b) Existing Solid Waste Management Sites.

 

1) Subject to such exemption as expressly provided in Section 21(e)

of the Act (Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1021(e)) as to

the requirement of obtaining a permit, no person shall cause or

allow the use or operation of any existing solid waste management

site without an Operating Permit issued by the Agency not later

than one year after the effective date of these Regulations.

 

2) All applications for Operating Permits shall be submitted to the

Agency at least 90 days prior to the date on which such permit is

---

required; however, the Agency may waive such provision when

appropriate.

 

3) The Agency may, if necessary to prevent an unmanageable

workload, extend the date by which Operating Permits are required

for a period not to exceed 180 days. The Agency shall notify the

persons affected and the Board, in writing, of such extension at

least ninety days in advance of the date set forth in Section

202(b)(1).

 

c) Duration of Operating Permits.

 

All operating permits shall remain valid until the site is completed or

closed, or until revoked, as provided herein.

Section 807.203 Experimental Permits

 

a) To best aid the improvement of solid waste management technology, the

Agency may issue Experimental Permits for processes or techniques that

do not satisfy the standards for issuance set forth in Section 807.207, if the

applicant can provide proof that the process or technique has a reasonable

chance for success and that the environmental hazards are minimal.

 

b) A valid Experimental Permit shall constitute a prima facie defense to any

action brought against the permit holder for a violation of the Act or

Regulations, but only to the extent that such action is based upon the

failure of the process or technique.

 

c) All Experimental Permits shall have a duration not to exceed two years.

 

d) Application for renewal of an experimental permit shall be submitted to

the Agency at least 90 days prior to the expiration of the existing permit.

To the extent the information to be supplied for renewal is identical with

that contained in the prior permit application, the applicant shall so note

on the renewal application, and the Agency shall not require the

resubmittal of data and information so previously supplied to it.

Section 807.204 Former Authorization

 

a) The issuance of any authorization to operate a solid waste management

site prior to July 1, 1970 from any person does not excuse compliance

with the requirements for obtaining an Operating Permit.

 

b) The issuance of an Operating Permit by the Agency on July 1, 1970 or

thereafter, but prior to the effective date of these regulations, is a valid

permit.

 

---

Section 807.205 Applications for Permit

 

a) All applications for permit required under these regulations shall contain

all data and information specified in those rules governing the type of unit

or site for which the permit is required.

 

b) The Agency may adopt procedures requiring such additional information

as is reasonably necessary to determine whether the waste management

site will meet the requirements of the Act and regulations.

 

c) The Agency may prescribe the form in which all information required

under these regulations shall be submitted.

 

d) All permit applications shall be signed by the owner and operator of the

waste management site or their duly authorized agents, shall be

accompanied by evidence of authority to sign the application and shall be

certified as to all engineering features by a professional engineer.

 

e) All permit applications shall be mailed or delivered to the appropriate

address designated by the Agency, and shall be sent by registered or

certified mail, return receipt requested or delivered in person.

Applications which are hand-delivered shall be delivered to and receipted

for by the Manager of the Agency's Division of Land Pollution Control or

his designee.

 

f) An application for permit shall not be deemed filed until the Agency has

received, at the designated address, all information, documents, and

authorization in the form and with the content required by these rules and

related Agency procedures. However, if the Agency fails to notify the

applicant within 45 days after the receipt of an application for

development permit and 30 days after the receipt of an application for an

operating permit, that the application is incomplete, and of the reasons, the

application shall be deemed to have been filed on the date received by the

Agency. An applicant may deem the Agency's notification that the

application is incomplete as a denial of the permit for purposes of review

pursuant to Section 40 of the Act.

 

g) If the Agency fails to take final action on the application for development

permit within 90 days from the filing thereof, or on the application for

operating permit within 45 days from the filing thereof, the applicant may

deem the permit granted on the 91st day or the 46th day after the

application was filed.

 

h) Any applicant for a permit may waive the requirement that the Agency

shall take final action within 90 days or 45 days from the filing of the

application.

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i) The Agency shall send all notices of final action by registered or certified

mail, return receipt requested. Final action shall be deemed to have taken

place on the date that such notice is mailed.

 

j) If specifically authorized by statute, any person may petition the Board for

a hearing before the Board to contest the issuance by the Agency. (Title X

of the Act).

 

k) Upon receipt of a request for a permit required by these regulations, the

Agency shall notify the State's Attorney and the Chairman of the County

Board of the county in which the subject facility is located and each

member of the General Assembly from the legislative district in which

that site is located and the clerk of each municipality any portion of which

is within three miles of the site.

 

l) All applications filed after March 1, 1985, shall include, if required by

Subparts E and F, a closure plan, a post-closure care plan, a closure cost

estimate and a post-closure care cost estimate showing how the operator

will close each unit and provide post-closure care in accordance with all

applicable Board regulations.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.206 Permit Conditions

 

a)

 

AS PROVIDED BY SECTIONS 39(A) AND 21(D) OF THE ACT, THE

AGENCY MAY IMPOSE SUCH CONDITIONS IN A PERMIT AS

MAY BE NECESSARY TO ACCOMPLISH THE PURPOSES OF THE

ACT, AND AS ARE NOT INCONSISTENT WITH REGULATIONS

PROMULGATED BY THE BOARD THEREUNDER, INCLUDING

PERIODIC REPORTS AND FULL ACCESS TO ADEQUATE

RECORDS AND THE INSPECTION OF FACILITIES, AS MAY BE

NECESSARY TO ASSURE COMPLIANCE WITH THIS ACT AND

WITH REGULATIONS AND STANDARDS ADOPTED

THEREUNDER

;

 

 

b) The applicant may deem any condition imposed by the Agency as a denial

of the permit for purposes of review pursuant to Section 40 of the Act.

 

c) All permits issued after March 1, 1985 shall include the following

conditions:

 

1) A closure plan;

 

2) A post-closure care plan if required;

---

 

3) A requirement that the operator notify the Agency within 30 days

after receiving the final volume of waste;

 

4) A requirement that the operator initiate implementation of the

closure plan within 30 days after the site receives its final volume

of waste;

 

5) A requirement that the operator not file any application to modify a

closure plan less than 180 days prior to receipt of the final volume

of waste;

 

6) A requirement that the operator provide financial assurance in

accordance with Subpart F, in an amount equal to the current cost

estimate for closure and post-closure care;

 

7) A requirement that the operator file revised cost estimates for

closure and post-closure care at least every two years in

accordance with Subpart F.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.207 Standards for Issuance

 

The Agency shall not grant any permit, except an Experimental Permit under Section

807.203 unless the applicant submits adequate proof that the solid waste management

site:

 

a) will be developed, modified, or operated so as not to cause a violation of

the Act or the Rules, or has been granted a variance pursuant to Title IX of

the Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1035 - 1038); and

 

b) conforms to the design criteria promulgated by the Agency under Section

807.213, or conforms to such other criteria which the applicant

demonstrates will achieve consistently satisfactory results; and

 

c) in the case of operating permits only, conforms to all conditions contained

in the development permit.

 

Section 807.208 Permit No Defense

 

The existence of a permit under this Part shall not constitute a defense to a violation of

the Act or this Part, except for development, modification or operation without a permit.

 

Section 807.209 Permit Revision

 

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a) The agency shall revise any permit issued by it to make the permit

compatible with any relevant new regulations adopted by the Board.

 

b) The permittee may request modification of a permit at any time by filing

pursuant to Section 807.205 an application reflecting the modification

requested.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.210 Supplemental Permits

 

No person shall cause or allow modification of any solid waste management site, or

accept any type of waste except under conditions specified in a permit issued by the

Agency. Development, operating and experimental permits may be modified by a

supplemental permit issued by the Agency to allow such modifications.

 

Section 807.211 Transfer of Permits

 

No permit is transferable from one person to another except as approved by the Agency

under procedures it adopts pursuant to Section 807.213.

 

Section 807.212 Permit Revocation

 

Violation of any permit conditions or failure to comply with any rule or regulation of this

Part shall be grounds for sanctions as provided in the Act, including revocation of permit.

Such sanctions shall be sought by filing a complaint with the Board pursuant to Title VIII

of the Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1046 - 1051).

 

Section 807.213 Design, Operation, and Maintenance Criteria

 

a) The Agency may adopt procedures which set forth criteria for the design,

operation, and maintenance of solid waste management sites and other

procedures the Agency deems reasonably necessary to perform its duties

under this Part and as are consistent with Subpart C thereof. All such

procedures shall be revised from time to time to reflect current

engineering judgment and advances in the state of the art. Such

procedures and revisions thereto shall not become effective until filed with

the Administrative Code Unit of the Office of the Secretary of State

pursuant to the Illinois Administrative Procedure Act, as amended (Ill.

Rev. Stat. 1981, ch. 127, pars. 1001, et seq.).

 

b) Before adopting new criteria or making substantive changes to any criteria

adopted by the Agency, the Agency shall:

 

1) publish a summary of the proposed changes in the Board

Newsletter; and

---

 

2) provide a copy of full text of the proposed changes to all persons

who hold Agency permits or have active applications pending, and

any person who in writing so requests; and

 

3) defer adoption of the changes for 60 days from the date of

publication to allow submission and consideration of written

comments on the proposed changes.

 

Section 807.214 Revised Cost Estimates

 

a) A revised cost estimate is any cost estimate other than one which results

from modification of a closure or post-closure care plan.

 

b) A revised cost estimate shall identify the operator, site and closure or post-

closure care plan to which it relates, but need not include any additional

information required pursuant to Section 807.205.

 

c) A revised cost estimate is a permit modification application. The revised

cost estimate shall be deemed incorporated into the permit unless the

Agency takes final action on the revised cost estimate within 90 days after

its receipt as provided by Section 39(a) of the Act.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

 

SUBPART C: SANITARY LANDFILLS

 

Section 807.301 Prohibition

 

No person shall cause or allow the operation of a sanitary landfill unless each

requirement of this Subpart is performed.

 

Section 807.302 Compliance with Permit

 

All conditions and provisions of each permit shall be complied with.

 

Section 807.303 Methods of Operation

 

Unless otherwise specifically provided by permit, the following methods of operations

shall be followed:

 

a) Unloading - all refuse shall be deposited into the toe of the fill or into the

bottom of the trench.

 

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b) Spreading and Compacting - as rapidly as refuse is deposited at the toe of

the fill, all refuse shall be spread and compacted in layers within the cell,

such layers not to exceed a depth of two feet.

 

c) Working Face - the slope of the working face shall be maintained at a ratio

of no greater than two horizontal to one vertical.

 

Section 807.304 Equipment, Personnel and Supervision

 

Sufficient equipment, personnel and supervision shall be available at the site to ensure

that operations comply with the permit and the Act and the Pollution Control Board

Regulations.

 

Section 807.305 Cover

 

Unless otherwise specifically provided by permit, the following cover requirements shall

be followed:

 

a) Daily Cover - a compacted layer of at least 6 inches of suitable material

shall be placed on all exposed refuse at the end of each day of operation.

 

b) Intermediate Cover - at the end of each day of operation, in all but the

final lift of a sanitary landfill, a compacted layer of at least 12 inches of

suitable material shall be placed on all surfaces of the landfill where no

additional refuse will be deposited within 60 days.

 

c) Final Cover - a compacted layer of not less than two feet of suitable

material shall be placed over the entire surface of each portion of the final

lift not later than 60 days following the placement of refuse in the final

lift, unless a different schedule has been authorized in the Operating

Permit.

 

Section 807.306 Litter

 

All litter shall be collected from the sanitary landfill site by the end of each working day

and either placed in the fill and compacted and covered that day, or stored in a covered

container.

 

Section 807.307 Salvaging

 

a) All salvaging operations at a sanitary landfill site shall be conducted in a

sanitary manner.

 

b) All salvaging operations at a sanitary landfill site shall be confined to an

area remote from the operating face of the landfill.

 

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c) Salvaging operations at a sanitary landfill site shall not interfere with, or

otherwise delay the operation of the landfill.

 

d) All materials for salvaging shall be removed from the landfill site daily, or

shall be separated by type and properly stored so as not to create a

nuisance, vector harborage, or unsightly appearance.

 

Section 807.308 Scavenging

 

No person shall cause or allow any scavenging operations at a sanitary landfill site.

 

Section 807.309 Animal Feeding

 

No person shall cause or allow feeding of farm or domestic animals upon the site of a

sanitary landfill, or with refuse delivered to sanitary landfill site.

 

Section 807.310 Special Wastes

 

a) Hot Waste - except in an emergency, no person shall cause or allow the

deposit at a sanitary landfill site of burning material. When such material

is accepted, it shall be deposited at a specific location at the site

designated by permit for such purpose, and the fire shall be immediately

extinguished.

 

b) Hazardous and liquid wastes - hazardous wastes or liquid wastes and

sludges may be accepted at a sanitary landfill only if authorized by permit.

 

Section 807.311 Open Burning

 

No person shall cause or allow open burning at a sanitary landfill site except in

accordance with the provisions of 35 Ill. Adm. Code: Subtitle B (prior to codification:

Chapter 2, Part V: Open Burning), of the Rules and Regulations of the Pollution Control

Board (35 Ill. Adm. Code: Subtitle B, Chapter I).

 

Section 807.312 Air Pollution

 

No person shall cause or allow operation of a sanitary landfill so as to cause or threaten

or allow the discharge or emission of any contaminant into the environment in any State

so as to cause or tend to cause air pollution in Illinois, either alone or in combination with

contaminants from other sources, or so as to violate regulations or standards adopted by

the Board under the Act.

 

Section 807.313 Water Pollution

 

No person shall cause or allow operation of a sanitary landfill so as to cause or threaten

or allow the discharge of any contaminants into the environment in any State so as to

---

cause or tend to cause water pollution in Illinois, either alone or in combination with

matter from other sources, or so as to violate regulations or standards adopted by the

Pollution Control Board under the Act.

 

Section 807.314 Standard Requirements

 

Except as otherwise authorized in writing by the Agency, no person shall cause or allow

the development or operation of a sanitary landfill which does not provide:

 

a) Adequate shelter, sanitary facilities and emergency communications for

employees;

 

b) Roads adequate to allow orderly operations within the site;

 

c) Fencing, gates, or other measures to control access to site;

 

d) Adequate measures for fire protection as approved by the Agency;

 

e) Adequate measures to monitor and control leachate;

 

f) Adequate measures to control dust and vectors;

 

g) An operational safety program approved by the Agency;

 

h) With respect to sanitary landfill sites for which permits are applied for

following the effective date of these regulations, provision for concealing

sanitary landfill operations from public view.

 

Section 807.315 Protection of Waters of the State

 

No person shall cause or allow the development or operation of a sanitary landfill unless

the applicant proves to the satisfaction of the Agency that no damage or hazard will result

to waters of the State because of the development and operation of the sanitary landfill.

 

Section 807.316 Application

 

a) An Application for a Development Permit for a sanitary landfill shall

contain evidence adequate to prove to the Agency that the development of

the sanitary landfill will not cause or tend to cause water or air pollution;

will not violate applicable air and water quality standards; and will not

violate any rule or regulation adopted by the Board. The Application shall

include, unless waived in writing by the Agency as inapplicable to the site

in question:

 

1) Legal description of the proposed sanitary landfill site;

 

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2) Topographic map or maps of the sanitary landfill site drawn to the

scale of 200 feet to the inch or larger, containing 5-foot contour

intervals where the relief exceeds 20 feet, and 2-foot contour

intervals where the relief is 20 feet or less, and referred to a United

States Geological Survey datum;

 

3) Maps of the sanitary landfill site, and of the area within one-

quarter mile of the boundaries of the site, drawn to scale, showing

the location of:

 

A) waterways and surface drains; and

 

B) borings, wells, springs, and their surface elevations, and

depths and elevations of water levels; and

 

C) field tile drains; and

 

D) underground and surface mines, elevations of mine pools,

and mine pool discharges.

 

4) Land use and population density of the proposed sanitary landfill

site and of the area surrounding the site within one mile of the site

boundaries;

 

5) Sequence of earth materials at the proposed sanitary landfill site to

a depth sufficient to assure the reliability of the site design;

 

6) Data obtained from soil samples taken from the proposed sanitary

landfill site which describe the soil classification, grain size

distribution, permeability, compactability, and ion-exchange

properties of the subsurface materials for those strata which are

essential to the design of the landfill;

 

7) Description of groundwater condition, including groundwater flow

below and adjacent to the proposed sanitary landfill site, with an

appraisal of the effect of the landfill on groundwater and surface

waters;

 

8) Comprehensive analysis of water samples from on-site and nearby

wells and surface waters;

 

9) Schedule of construction;

 

10) Topographic map indicating the proposed final contours and

landscaping of the completed site with a statement of the proposed

final use of the site, if known;

---

 

11) Description of the methods of operations; days and hours of

operations; and number, and duties of employees;

 

12) Listing of sources and types of wastes to be received; and an

estimate of daily quantity of wastes to be received;

 

13) A schedule of filling, methods of compaction of solid waste; and

number, type, and size of compacting equipment;

 

14) Types and sources of daily, intermediate, and final cover to be

used;

15) Map of the sanitary landfill site, drawn to scale, indicating the

location of:

 

A) Water monitoring wells and gas monitoring points;

 

B) Points of entrance to and exit from the sanitary landfill site

and to and from the operating area of the sanitary landfill;

 

C) Interior roads and ramps;

 

D) Devices for controlling litter;

 

E) Devices for controlling unauthorized access to the sanitary

landfill site;

 

F) Drainage facilities, structures, walls, cribbing, surface

protection devices, or any other devices as are necessary to

comply with applicable water quality standards;

 

G) Fire protection facilities;

 

H) Utilities;

 

I) Salvage operations;

 

J) Fill area;

 

K) Borrow areas;

 

L) Gas and oil wells;

 

M) High tension power lines;

 

N) Fuel transmission pipelines;

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O) Field tile drains;

 

P) Provisions for concealing the site from public view;

 

16) Evidence of notification required by the Public Act 77-1948, (Ill.

Rev. Stat. 1981, ch. 111 1/2, par. 1039), effective October 1,

1972; and

 

17) If exploration holes are drilled to obtain data, information showing

the manner of plugging or sealing such holes.

 

b) Operating Permits.

 

1) An Application for an Operating Permit for a sanitary landfill shall

contain evidence adequate to prove to the Agency that the

operation of the sanitary landfill will not cause any violation of the

Act or of Regulations promulgated by the Board. The Application

shall include certification that all data and information required by

Section 807.316(a) for a Development Permit has been provided,

and that all conditions thereof have been complied with, except

that no information already submitted to the Agency shall be

required to be resubmitted and may be incorporated by reference

into the Application for an Operating Permit.

 

2) The Agency shall not issue an Operating Permit until it has made

an inspection of the developed site and has determined that the site

has been so developed in accordance with the provisions of the

application for development permit and is in compliance with the

Act (the Act) and all applicable regulations.

 

Section 807.317 Operating Records

 

Every holder of an operating permit shall submit to the Agency, Division of Land

Pollution Control on or before the 15th day of January, April, July and October the water

monitoring data required by permit.

 

Section 807.318 Completion or Closure Requirements

 

a) The owner or operator of a sanitary landfill site shall monitor gas, water

and settling at the completed site for a period of three years after the site is

completed or closed.

 

b) The owner or operator shall take whatever remedial action is necessary to

abate any gas, water or settling problems which appear during the three

year period.

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c) The owner or operator shall, upon completion or closure, file a detailed

description of the site, including a plat, with the appropriate county land

recording authority for the county in which the site is located.

 

 

SUBPART E: CLOSURE AND POST-CLOSURE CARE

 

Section 807.501 Purpose, Scope and Applicability

 

a) This Subpart contains general provisions governing closure and post-

closure care of waste management sites. These general provisions may be

supplemented by more specific closure and post-closure care requirements

for certain types of waste management sites, specifically the closure and

post-closure care requirements for sanitary landfills contained in Subpart

C.

 

b) This Subpart requires a closure plan and, for some sites, a post-closure

care plan. These will become permit conditions pursuant to Section

807.206. Sites which are not required to have a permit pursuant to Section

21(d) of the Act are not required to prepare a closure or post-closure care

plan.

 

c) The closure and post-closure care plan form the basis of the cost estimates

and financial assurance required by Subpart F for disposal sites. The

closure plan is also used for making the determination as to whether a unit

is a disposal unit or indefinite storage unit, which must provide financial

assurance.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.502 Closure Performance Standard

 

In addition to the specific requirements of this Part, an operator of a waste management

site shall close the site in a manner which:

 

a) Minimizes the need for further maintenance; and

 

b) Controls, minimizes or eliminates post-closure release of waste, waste

constituents, leachate, contaminated rainfall, or waste decomposition

products to the groundwater or surface waters or to the atmosphere to the

extent necessary to prevent threats to human health or the environment.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

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Section 807.503 Closure Plan

 

a) An operator of a waste management site shall have prepared a written

closure plan which shall be a condition of the site permit.

 

b) The operator of an indefinite storage unit shall have prepared a written

contingent closure plan which shall be a condition of the site permit. The

contingent closure plan shall be the same as a closure plan, except as

otherwise specifically provided.

 

c) The closure plan shall include as a minimum:

 

1) Steps necessary for the premature final closure of the site at the

time during its intended operating life when the cost of closure will

be the greatest;

 

2) Steps necessary for the final closure of the site at the end of its

intended operating life;

 

3) Steps necessary to prevent damage to the environment during

temporary suspension of waste acceptance if the operator wants a

permit which would allow temporary suspension of waste

acceptance at the site without initiating final closure;

 

4) A description of the steps necessary to decontaminate equipment

during closure;

 

5) An estimate of the year in which the cost of premature closure will

be the greatest;

 

6) An estimate of the expected year of closure;

 

7) Schedules for the premature and final closure which shall include

at a minimum:

 

A) Total time required to close the site; and

 

B) Time required for closure activities which will allow

tracking of the progress of closure; and

 

8) A description of methods for compliance with all closure

requirements of this Part.

 

d) The closure plan shall be included in the permit application pursuant to

Section 807.205.

 

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e) Until closure has been completed, the operator shall maintain a copy of the

closure plan at the site or at a definite location, specified in the permit, so

as to be available during inspection of the site.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.504 Amendment of Closure Plan

 

An operator of a waste management site shall file a permit application including a revised

closure plan upon:

 

a) Modification of operating plans or site design affecting the closure other

than modifications authorized in the permit; or

 

b) Modification of the operations of the site which affect the closure of the

site or any portion of the site, other than modifications authorized in the

permit, which include, but are not limited to:

 

1) A temporary suspension of waste acceptance at the site; or

 

2) A reduction or increase in the rate of waste acceptance at the site;

or

 

c) Change in the expected year of closure or the year in which the cost of

premature closure will be the greatest.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.505 Notice of Closure and Final Amendment to Plan

 

a) An operator of a waste management site shall send to the Agency a notice

of closure within 30 days after the date the final volume of waste is

received at a waste management site for treatment, storage or disposal.

 

b) The operator of a waste management site shall not file an application to

modify the closure plan less than 180 days before receipt of the final

volume of waste. Failure to timely file shall not constitute a bar to

consideration of such an application, but may be alleged in an

enforcement action pursuant to Title VIII of the Act.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.506 Initiation of Closure

 

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a) An operator of a waste management site shall initiate the treatment,

removal from the site or disposal of all wastes and waste residues other

than those from indefinite storage units:

 

1) Within 30 days after receipt of the final volume of waste; and

 

2) In accordance with the closure plan.

 

b) The operator of an indefinite storage unit shall, within 30 days after

receipt of a final volume of waste, either initiate:

 

1) Removal of all wastes and waste residues from the unit; or,

 

2) Closure of the unit in accordance with the contingent closure plan.

 

c) The operator must notify the Agency within 30 days after a temporary

suspension of waste acceptance. The operator must comply with the

requirements of any temporary suspension plan in the permit.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.507 Partial Closure

 

a) The requirements of Subparts E and F apply to the entire site unless the

permit divides the site into definite areas which include one or more units,

in which case the operator may provide separate closure and post-closure

care plans and cost estimates for each area. In such a case the Agency

shall treat each area as a separate site for purposes of financial assurance.

 

b) If a site includes a disposal unit, then the operator must provide financial

assurance for closure of associated treatment and storage units, even if the

site is divided into areas as provided in paragraph (a).

 

c) Post-closure care of areas formed by dividing a site shall continue until

post-closure care of the entire site is completed.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.508 Certification of Closure

 

a) When closure is completed, the operator of a waste management site shall

submit to the Agency:

 

1) Plan sheets for the closed site; and

 

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2) An affidavit by the operator and by a professional engineer that the

site has been closed in accordance with the closure plan.

 

b) If the Agency finds that the site has been closed in accordance with the

specifications of the closure plan, and the closure requirements of this

Part, the Agency shall:

 

1) Issue a certificate of closure for the site;

 

2) Notify the operator in writing that any applicable post-closure

period has begun; and

 

3) Provide the date the post-closure care period begins.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.509 Use of Waste Following Closure

 

After an operator initiates closure of a site the operator may accept waste for disposal or

for use in closure and post-closure care only as authorized in the closure and post-closure

care plans.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.523 Post-Closure Care Plan

 

a) An operator of an disposal site shall have a written post-closure care plan

which shall be a condition of the site permit.

 

b) The post-closure care plan shall include as a minimum a description of

methods for compliance with all post-closure care requirements of this

Part.

 

c) An operator of an indefinite storage unit shall have a written contingent

post-closure care plan which shall include as a minimum a description of

methods of compliance with all post-closure care requirements of this Part

assuming the unit will be closed as a disposal unit without removal of all

wastes and waste residues. The contingent post-closure care plan shall be

the same as a post-closure care plan, except as otherwise specifically

provided.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.524 Implementation and Completion of Post-Closure Care Plan

 

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a) The operator of a waste disposal site shall implement the post-closure care

plan commencing with receipt of a certification of closure pursuant to

Section 807.508.

 

b) The operator of an indefinite storage unit shall implement the contingent

post-closure care plan commencing with receipt of certification of closure

pursuant to the contingent closure plan. The operator is not required to

implement the contingent post-closure care plan if the Agency determines

that the operator has removed all wastes and waste residues from the

indefinite storage unit.

 

c) The Agency shall certify that the post-closure care period has ended when

it determines:

 

1) That the post-closure care plan has been completed; and,

 

2) That the site will not cause future violations of the Act or this Part.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

 

SUBPART F: FINANCIAL ASSURANCE FOR CLOSURE AND POST-

CLOSURE CARE

 

Section 807.600 Purpose, Scope and Applicability

 

a) This Subpart provides procedures by which an operator of a waste

disposal site can give "financial assurance" satisfying the requirement of

Section 21.1(a) of the Act that such operator post with the Agency a

performance bond or other security for the purpose of insuring closure of

the site and post-closure care in accordance with the Act and Board rules.

 

b) Each operator must file a closure plan as part of a permit application. The

operator of a disposal site or indefinite storage unit must also file a post-

closure care plan (Sections 807.205, 807.503 and 807.523). The operator

of a disposal site or indefinite storage unit must prepare a cost estimate of

closure and post-closure care, and provide financial assurance in this

amount (Sections 807.601 and 807.620). Financial assurance may be

given through a combination of a trust agreement, bond guaranteeing

payment, bond guaranteeing payment or performance, letter of credit,

insurance or self-insurance (Section 807.640). The cost estimate and

amount of financial assurance is to be updated at least on a biennial basis

(Section 807.623).

 

c) This Subpart applies only to the non-governmental operators of disposal

sites or indefinite storage units (Section 807.601). Whether a site is a

---

disposal site or, alternatively, a treatment or storage site, depends on

whether the closure plan provides for removal of all wastes and waste

residues from the site prior to completion of closure. Whether a unit is an

indefinite storage unit depends on the technical feasibility and economic

reasonableness of removal of all wastes and waste residues prior to

closure (Section 807.104).

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.601 Requirement to Obtain Financial Assurance

 

No person shall conduct a waste disposal operation or indefinite storage operation which

requires a permit under Section 21(d) of the Act unless such person has provided

financial assurance in accordance with this Subpart.

 

a) The financial assurance requirement does not apply to the State of Illinois,

its agencies and instiutions, or to any unit of local government; provided,

however, that any other persons who conduct such a waste disposal

operation on a site which may be owned or operated by such a government

entity must provide financial assurance for closure and post-closure care

of the site.

 

b) Financial assurance is required of all sites which, on or after March 1,

1985, accept waste for disposal or for indefinite storage.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.602 Time for Submission of Financial Assurance

 

a) For sites first receiving waste for disposal after March 1, 1985, the owner

or operator must provide financial assurance before receipt of waste for

disposal.

 

b) For sites which are required to obtain financial assurance as of March 1,

1985, as provided in Section 807.601, financial assurance must be

tendered to the Agency before March 1, 1985 in an amount equal to the

cost estimate, which may be based on closure and post-closure care plans

or on the formula of Section 807.624.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.603 Upgrading Financial Assurance

 

a) The operator must maintain financial assurance equal to or greater than

the current cost estimate at all times except as provided in this Section.

 

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b) The operator must increase the total amount of financial assurance so as to

equal the current cost estimate within 90 days after any of the following:

 

1) An increase in the current cost estimate;

 

2) A decrease in the value of a trust fund;

 

3) A determination by the Agency that an operator no longer meets

the gross revenue or financial test; or,

 

4) Notification by the operator that the operator intends to substitute

alternate financial assurance for self-insurance.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.604 Release of Financial Institution

 

The Agency will agree to release a trustee, surety, insurer or other financial institution

when:

 

a) An operator substitutes alternate financial assurance such that the total

financial assurance for the site is equal to or greater than the current cost

estimate without counting the amounts to be released; or,

 

b) The Agency releases the operator from the requirements of this Subpart.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.605 Application of Proceeds and Appeal

 

a) The Agency may sue in any court of competent jurisdiction to enforce its

rights under financial instruments. The filing of an enforcement action

before the Board is not a condition precedent except when this Subpart or

the terms of the instrument so provide.

 

b) As provided in Titles VIII and IX of the Act and 35 Ill. Adm. Code 103

and 104, the Board may order modifications in permits to change the type

or amount of financial assurance pursuant to an enforcement action or a

variance petition. Also, the Board may order a closure or post-closure

care plan modified, and order proceeds from financial assurance applied to

execution of a closure or post-closure care plan.

 

c) The following Agency actions may be appealed as a permit denial to the

Board pursuant to 35 Ill. Adm. Code 105 and Section 21.1(e) of the Act:

 

1) Refusal to accept financial assurance tendered by the operator.

---

 

2) Refusal to release the operator from the requirement to maintain

financial assurance.

 

3) Refusal to release excess funds from a trust.

 

4) Refusal to approve a reduction in the penal sum of a bond.

 

5) Refusal to approve a reduction in the amount of a letter of credit.

 

6) Refusal to approve a reduction in the face amount of an insurance

policy.

 

7) Determination that an operator no longer meets the gross revenue

test or financial test.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.606 Release of the Operator

 

a) Within 60 days after receiving affidavits from the operator and a

professional engineer that closure has been accomplished in accordance

with the closure plan, the Agency will notify the operator in writing that it

is no longer required by this Subpart to maintain financial assurance for

closure of the particular site, unless the Agency has reason to believe that

closure has not been in accordance with the closure plan.

 

b) Within 60 days after receiving affidavits from the operator and a

professional engineer that post-closure care has been completed in

accordance with the post-closure care plan and the requirements this Part,

the Agency will notify the operator in writing that it is no longer required

to maintain financial assurance for post-closure care of the site, unless the

Agency has reason to believe that continued post-closure care is required

pursuant to the post-closure care plan and this Part.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985

 

Section 807.620 Current Cost Estimate

 

The current cost estimate equals:

 

a) The current closure cost estimate; plus

 

b) The current post-closure care cost estimate.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

---

 

Section 807.621 Cost Estimate for Closure

 

a) The operator must have a written estimate of the current cost of closing

the site in accordance with the closure plan. The cost estimate shall be a

condition of the permit.

 

b) The operator must revise the closure cost estimate whenever a change in

the closure plan increases the closure cost estimate.

 

c) The closure cost estimate must be based on the steps necessary for the

premature final closure of the site at the time during its intended operating

life when the cost of closure will be greatest, or on the steps necessary for

the final closure of the site at the end of its intended operating life,

whichever is the most expensive.

 

d) Assumptions:

 

1) The closure cost estimate must be based on the assumption that the

Agency will contract with a third party to implement the closure

plan.

 

2) The closure cost estimate may not be reduced by allowance for

salvage value of equipment or waste, or for resale value of land.

 

e) The closure cost estimate must, at a minimum, include the following

elements, if required in the site permit for closure of the site:

 

1) The area which is to receive final cover;

 

2) The source of the cover material;

 

3) The cost of obtaining, moving and placing the cover material;

 

4) The cost of final grading of the cover material;

 

5) The cost of moving and placing topsoil on the final cover;

 

6) The cost of:

 

A) Fertilizing;

 

B) Seeding;

 

C) Mulching.

 

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7) The cost of installation of gas control equipment;

 

f) This Section does not grant authority to the Agency to require the operator

to perform any of the indicated activities; however, if the site permit

requires a closure activity, the operator must include the cost in the cost

estimate. Once the operator has completed an activity, the operator may

file a permit application indicating that the activity has been completed,

and zeroing that element of the cost estimate.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.622 Cost Estimate for Post-closure Care

 

a) The operator of a disposal site must have a written estimate of the annual

current cost of post-closure monitoring and maintenance of the site in

accordance with the applicable post-closure care regulations of this Part.

The post-closure care cost estimate is calculated by multiplying the annual

cost estimate by the number of years of post-closure care required by this

Part. The post-closure care cost estimate shall be a condition of the

permit.

 

b) Until the Agency has issued a certificate of closure for the site, the

operator must revise the post-closure care cost estimate whenever a

change in the post-closure care plan increases the cost estimate.

 

c) Assumptions:

 

1) The post-closure cost estimate must be based on the assumption

that the Agency will contract with a third party to implement the

post-closure care plan;

 

2) The post-closure cost estimate may not be reduced by allowance

for salvage value of equipment or waste, or for resale value of

land.

 

d) The post-closure care cost estimate must, at a minimum, include the

following elements if required in the site permit for post-closure care of

the site:

 

1) Number of years of post-closure care required.

 

2) Groundwater monitoring:

 

A) Number of monitoring points;

 

B) Parameters to be monitored;

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C) Frequency of sampling;

 

D) Cost per parameter per sampling.

 

3) Cover stabilization:

 

A) Estimate of the area which is expected annually to require

residual settlement or erosion control work;

 

B) Annual cost of residual settlement and erosion control

work;

 

C) Annual cost of mowing.

 

e) This Section does not grant authority to the Agency to require the operator

to perform any of the indicated activities; however, if the site permit

requires a closure activity, the operator must include the cost in the cost

estimate. Once the operator has completed an activity, the operator may

file a permit application indicating that the activity has been completed,

and zeroing that element of the cost estimate.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.623 Biennial Revision of Cost Estimate

 

a) The operator must revise the current cost estimate at least once every two

years. The revised current cost estimate must be filed on or before the

second anniversary of the filing or last revision of the current cost

estimate.

 

b) The operator must review the closure and post-closure care plans prior to

filing a revised cost estimate in order to determine whether they are

consistent with current operations and regulations. The operator must

either certify that the plans are consistent, or must file an application

reflecting new plans.

 

c) The operator must prepare new closure and post-closure cost estimates

reflecting current prices for the items included in the estimates. The

operator must file revised estimates even if the operator determines that

there are no changes in the prices.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.624 Interim Formula for Cost Estimate

 

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a) An operator may temporarily utilize the formula of this Section for

preparing a cost estimate instead of preparing a cost estimate based on

closure and post-closure care plans. No permit application filed after

March 1, 1985 may utilize this formula. Each operator must file an

application to modify the site permit to include closure and post-closure

care plans and cost estimates by March 1, 1988.

 

b) References to closure and post-closure care plans in financial assurance

instruments shall be construed to refer to the closure and post-closure care

requirements of this Part and the permit for the site.

 

c) This formula may not be utilized in lieu of the plans and cost estimates

required under 35 Ill. Reg. Adm. Code 724 and 725.

 

d) The following abbreviations and symbols are used in the formula:

 

1) AWR: Annual waste received at the site in cubic yards.

 

2) AD: Average depth of the landfill in feet.

 

3) Y: Years expected to lapse between cessation of application of

cover by the operator and implementation of site clean-up by the

Agency. Y is assumed to be three years.

 

4) CPA: Cost per acre of placing final cover, grading, seeding and

venting. CPA is assumed to be $5000/acre.

  

5) A: Area requiring final cover in acres.

 

6) P: Fraction of final cover expected to require subsidence or

erosion control each year. P is assumed to be 0.05.

 

7) M: Number of monitoring wells existing or required in the permit.

M cannot be less than three.

 

8) CE: Cost estimate in dollars.

 

e) Area requiring final cover

 

1) A(1) is the total area which has received waste but which has not

received final cover in accordance with Section 807.305(c) as of

January 1, 1985.

 

2) A(2) is the total area which would require final cover after Y years

of uncontrolled operation according to the following formula:

 

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A(2) = (Y)(AWR) = 3 AWR

3200(AD) 3200 AD

 

3) A(3) = A(1) + A(2)

 

4) A(4) is the total permitted area which has not received final cover

in accordance with Section 807.305(c) as of January 1, 1985

 

5) Area requiring final cover (A) is the smaller of A(3) or A(4)

 

f) Cost estimate (dollars)

 

CE = (CPA)(A) + 3((CPA)(P)(A) + 600(M))

= 5750A + 1800M

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.640 Mechanisms for Financial Assurance

 

The operator of a waste disposal site may utilize any of the following mechanisms to give

financial assurance for closure and post-closure care:

 

a) Trust Fund (Section 807.661);

 

b) Surety Bond Guaranteeing Payment (Section 807.662);

 

c) Surety Bond Guaranteeing Performance (Section 807.663);

 

d) Letter of Credit (Section 807.664);

 

e) Closure Insurance (Section 807.665); or,

 

f) Self-insurance (Section 807.666).

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.641 Use of Multiple Financial Mechanisms

 

An operator may satisfy the requirements of this Subpart by establishing more than one

financial mechanism per site. These mechanisms are limited to trust funds, surety bonds

guaranteeing payment, letters of credit and insurance. The mechanisms must be as

specified in Sections 807.661, 807.662, 807.664 and 807.665, respectively, except that it

is the combination of mechanisms, rather than the single mechanism, which must provide

financial assurance for an amount at least equal to the current cost estimate. The operator

may use any or all of the mechanisms to provide for closure and post-closure care of the

site.

---

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.642 Use of a Financial Mechanism for Multiple Sites

 

An operator may use a financial assurance mechanism specified in this Subpart to meet

the requirements of this Subpart for more than one site. Evidence of financial assurance

submitted to the Agency must include a list showing, for each site, the name, address and

the amount of funds assured by the mechanism. The amount of funds available through

the mechanism must be no less than the sum of funds that would be available if a separate

mechanism had been established and maintained for each site. The amount of funds

available to the Agency must be sufficient to close and provide post-closure care for all

of the operator's sites. In directing funds available through the mechanism for closure

and post-closure care for any of the sites covered by the mechanism, the Agency may

direct only the amount of funds designated for that site, unless the operator agrees to the

use of additional funds available under the mechanism.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.643 Trust Fund for Unrelated Sites

 

Any person may establish a trust fund for the benefit of the Agency which may receive

funds from more than one operator for closure of different sites. Such a trust fund shall

operate like the trust fund specified in Section 807.661, except as follows:

 

a) The trustee shall maintain a separate account for each site and shall

evaluate such annually as of the day of creation of the trust;

 

b) The trustee shall annually notify each operator and the Agency of the

evaluation of each operator's account;

 

c) The trustee shall release excess funds as required from the account for

each site;

 

d) The trustee shall reimburse the operator or other person authorized to

perform closure or post-closure care only from the account for that site.

 

e) The Agency may direct the trustee to withhold payments only from the

account for the site for which it has reason to believe the cost of closure

and post-closure care will be significantly greater than the value of the

account for that site.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.644 RCRA Financial Assurance

 

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The operator is not required to give financial assurance pursuant to this Subpart if the

operator demonstrates:

 

a) That closure and post-closure care plans filed pursuant to 35 Ill. Adm.

Code 724 or 725 will result in closure and post-closure care of the site in

accordance with the requirements of this Part; and,

 

b) That the operator has provided financial assurance adequate to provide for

such closure and post-closure care pursuant to 35 Ill. Adm. Code 724 or

725.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.661 Trust Fund

 

a) An operator may satisfy the requirements of this Subpart by establishing a

trust fund which conforms to the requirements of this Section and

submitting an original, signed duplicate of the trust agreement to the

Agency.

 

b) The trustee must be an entity which has the authority to act as a trustee

and:

 

1) Whose trust operations are regulated by the Illinois Commissioner

of Banks and Trust Companies; or,

 

2) Who complies with the Foreign Corporations as Fiduciaries Act,

(Ill. Rev. Stat. 1983, ch. 17, par. 2801 et seq.).

 

c) The trust agreement must be on forms specified in Appendix A and the

trust agreement must be accompanied by a formal certification of

acknowledgment.

 

d) Payments into the trust:

 

1) The operator must make a payment into the trust fund each year

during the pay-in period.

 

2) The pay-in period is the number of years remaining until the site

reaches the stage in its expected operating life at which the cost of

premature closure would be the greatest, as indicated by its closure

plan. Provided, however, that the pay-in period shall not be less

than three years nor greater than ten years.

 

3) Annual payments are determined by the following formula:

 

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Annual payment = (CE-CV)/Y

 

where:

 

CE = Current cost estimate

CV = Current value of the trust fund

Y = Number of years remaining in the pay in period.

 

4) The operator must make the first annual payment prior to the initial

receipt of waste for disposal, or prior to March 1, 1985 for sites

receiving waste for disposal prior to that date. The operator must

also, prior to such initial receipt of waste, submit to the Agency a

receipt from the trustee for the first annual payment.

 

5) Subsequent annual payments must be made no later than 30 days

after each anniversary of the first payment.

 

6) The operator may accelerate payments into the trust fund, or may

deposit the full amount of the current cost estimate at the time the

fund is established.

 

e) The trustee must evaluate the trust fund annually as of the day the trust

was created, or on such earlier date as may be provided in the agreement.

The trustee must notify the operator and the Agency of the value within 30

days after the evaluation date.

 

f) Release of excess funds:

 

1) If the value of the financial assurance is greater than the total

amount of the current cost estimate, the operator may submit a

written request to the Agency for release from the trust fund of the

amount in excess of the current cost estimate.

 

2) Within 60 days after receiving a request from the operator for

release of funds, the Agency will instruct the trustee to release to

the operator such funds as the Agency specifies in writing.

 

g) Reimbursement for closure and post-closure care expenses:

 

1) After initiating closure, an operator or any other person authorized

to perform closure or post-closure care may request reimbursement

for closure or post-closure care expenditures by submitting

itemized bills to the Agency.

 

2) Within 60 days after receiving bills for closure or post-closure care

activities, the Agency will determine whether the expenditures are

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in accordance with the closure or post-closure care plan and if so,

it will instruct the trustee to make reimbursement in such amounts

as the Agency specifies in writing.

 

3) If the Agency has reason to believe that the cost of closure and

post-closure care will be significantly greater than the value of the

trust fund, it may withhold reimbursement of such amounts as it

deems prudent until it determines that the operator is no longer

required to maintain financial assurance for closure and post-

closure care.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.662 Surety Bond Guaranteeing Payment

 

a) An operator may satisfy the requirements of this Subpart by obtaining a

surety bond which conforms to the requirements of this Section and

submitting the bond to the Agency.

 

b) The surety company issuing the bond must be licensed by the Illinois

Department of Insurance.

 

c) The surety bond must be on forms specified in Appendix A.

 

d) Any payments made under the bond will be placed in the landfill closure

and post-closure fund within the State Treasury.

 

e) Conditions:

 

1) The bond must guarantee that the operator will provide closure and

post-closure care in accordance with the closure and post-closure

care plans in the permit.

 

2) The surety will become liable on the bond obligation when, during

the term of the bond, the operator fails to perform as guaranteed by

the bond. The operator fails to perform when the operator:

 

A) Abandons the site;

 

B) Is adjudicated bankrupt;

 

C) Fails to initiate closure of the site or post-closure care when

ordered to do so by the Board or a court of competent

jurisdiction; or,

 

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D) Notifies the Agency that it has initiated closure, or initiates

closure, but fails to close the site or provide post-closure

care in accordance with the closure and post-closure care

plans.

f) Penal sum:

 

1) The penal sum of the bond must be in an amount at least equal to

the current cost estimate.

 

2) The Agency shall approve a reduction in the penal sum whenever

the current cost estimate decreases.

g) Term:

 

1) The bond shall be issued for a term of at least four years and shall

not be cancelable during that term.

 

2) If the operator fails to provide substitute financial assurance prior

to expiration of a bond, the term of the bond shall be automatically

extended for one twelve-month period starting with the date of

expiration of the bond. During such extension the bond will not

serve as financial assurance satisfying the requirements of this

Part, and will not excuse the operator from the duty to provide

substitute financial assurance.

 

h) Cure of default and refunds:

 

1) The Agency shall release the surety if, after the surety becomes

liable on the bond, the operator or another person provides

financial assurance for closure and post-closure care of the site,

unless the Agency determines that a plan or the amount of

substituted financial assurance is inadequate to provide closure and

post-closure care as required by this Part.

 

2) After closure and post-closure care have been completed in

accordance with the plans and requirements of this Part, the

Agency shall refund any unspent money which was paid to the

Agency by the surety.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.663 Surety Bond Guaranteeing Performance

 

a) An operator may satisfy the requirements of this Subpart by obtaining a

surety bond which conforms to the requirements of this Section and

submitting the bond to the Agency.

 

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b) The surety company issuing the bond must be licensed by the Illinois

Department of Insurance.

 

c) The surety bond must be on forms specified in Appendix A.

 

d) Any payments made under the bond will be placed in the landfill closure

and post-closure fund within the State Treasury.

 

e) Conditions:

 

1) The bond must guarantee that the operator will provide closure and

post-closure care in accordance with the closure and post-closure

care plans in the permit. The surety shall have the option of

providing closure and post-closure care in accordance with the

closure and post-closure care plans, or of paying the penal sum.

 

2) The surety will become liable on the bond obligation when, during

the term of the bond, the operator fails to perform as guaranteed by

the bond. The operator fails to perform when the operator:

 

A) Abandons the site;

 

B) Is adjudicated bankrupt;

 

C) Fails to initiate closure of the site or post-closure care when

ordered to do so by the Board or a court of competent

jurisdiction; or,

 

D) Notifies the Agency that it has initiated closure, or initiates

closure, but fails to close the site or provide post-closure

care in accordance with the closure and post-closure care

plans.

 

f) Penal sum:

 

1) The penal sum of the bond must be in an amount at least equal to

the current cost estimate.

 

2) The Agency shall approve a reduction in the penal sum whenever

the current cost estimate decreases.

 

g) Term:

 

1) The bond shall be issued for a term of at least four years and shall

not be cancelable during that term.

 

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2) If the operator fails to provide substitute financial assurance prior

to expiration of a bond, the term of the bond shall be automatically

extended for one twelve-month period starting with the date of

expiration of the bond. During such extension the bond will not

serve as financial assurance satisfying the requirements of this

Part, and will not excuse the operator from the duty to provide

substitute financial assurance.

 

h) Cure of default and refunds:

 

1) The Agency shall release the surety if, after the surety becomes

liable on the bond, the operator or another person provides

financial assurance for closure and post-closure care of the site,

unless the Agency determines that a plan or the amount of

substituted financial assurance is inadequate to provide closure and

post-closure care as required by this Part.

 

2) After closure and post-closure care have been completed in

accordance with the plans and requirements of this Part, the

Agency shall refund any unspent money which was paid to the

Agency by the surety.

 

i) The surety will not be liable for deficiencies in the performance of closure

by the operator after the Agency releases the operator from the

requirements of this Subpart.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.664 Letter of Credit

 

a) An operator may satisfy the requirements of this Subpart by obtaining an

irrevocable standby letter of credit which conforms to the requirements of

this Section and submitting the letter to the Agency.

 

b) The issuing institution must be an entity which has the authority to issue

letters of credit and:

 

1) Whose letter-of-credit operations are regulated by the Illinois

Commissioner of Banks and Trust Companies; or,

 

2) Whose deposits are insured by the Federal Deposit Insurance

Corporation or the Federal Savings and Loan Insurance

Corporation.

 

c) Forms:

 

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1) The letter of credit must be on forms specified in Appendix A.

 

2) The letter of credit must be accompanied by a letter from the

operator referring to the letter of credit by number, issuing

institution and date and providing the following information: name

and address of the site and the amount of funds assured for closure

of the site by the letter of credit.

 

d) Any amounts drawn by the Agency pursuant to the letter of credit will be

deposited in the landfill closure and post-closure fund within the State

Treasury.

 

e) Conditions on which the Agency may draw on the letter of credit:

 

1) The Agency may draw on the letter of credit if the operator fails to

perform closure or post-closure care in accordance with the closure

and post-closure care plans.

 

2) The Agency may draw on the letter of credit when the operator:

 

A) Abandons the site;

 

B) Is adjudicated bankrupt;

 

C) Fails to initiate closure or post-closure care of the site when

ordered to do so by the Board or a court of competent

jurisdiction; or

 

D) Notifies the Agency that it has initiated closure, or initiates

closure, but fails to provide closure and post-closure care in

accordance with the closure and post-closure care plans.

 

f) Amount:

 

1) The letter of credit must be issued in an amount at least equal to

the current cost estimate.

 

2) The Agency shall approve a reduction in the amount whenever the

current cost estimate decreases.

 

g) Term:

 

1) The letter of credit shall be irrevocable and shall be issued for a

term of at least four years.

 

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2) If the operator fails to substitute alternate financial assurance prior

to expiration of a letter of credit, the term of the letter of credit

shall be automatically extended for one twelve-month period

starting with the date of expiration. During such extension the

letter of credit will not serve as financial assurance satisfying the

requirements of this Part, and will not excuse the operator from the

duty to provide substitute financial assurance.

 

h) Cure of default and refunds:

 

1) The Agency shall release the financial institution if, after the

Agency is allowed to draw on the letter of credit, the operator or

another person provides financial assurance for closure and post-

closure care of the site, unless the Agency determines that a plan

or the amount of substituted financial assurance is inadequate to

provide closure and post-closure care as required by this Part.

 

2) After closure and post-closure care have been completed in

accordance with the plans and requirements of this Part, the

Agency shall refund any unspent money which was paid to the

Agency by the financial institution.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.665 Closure Insurance

 

a) An operator may satisfy the requirements of this Subpart by obtaining

closure and post-closure care insurance which conforms to the

requirements of this Section and submitting an executed duplicate original

of such insurance policy to the Agency.

 

b) The insurer must be licensed to transact the business of insurance by the

Illinois Department of Insurance.

 

c) The policy must be on forms approved by the Illinois Department of

Insurance.

 

d) Face amount:

 

1) The closure and post-closure care insurance policy must be issued

for a face amount at least equal to the current cost estimate. The

term "face amount" means the total amount the insurer is obligated

to pay under the policy. Actual payments by the insurer will not

change the face amount, although the insurer's future liability will

be lowered by the amount of the payments.

 

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2) The Agency shall approve a reduction in the amount of the policy

whenever the current cost estimate decreases.

 

e) The closure and post-closure care insurance policy must guarantee that

funds will be available to close the site and to provide post-closure care

thereafter. The policy must also guarantee that, once closure begins, the

insurer will be responsible for paying out funds, up to an amount equal to

the face amount of the policy, upon the direction of the Agency to such

party or parties as the Agency specifies. The insurer will be liable when:

 

1) The operator abandons the site;

 

2) The operator is adjudicated bankrupt;

 

3) The Board or a court of competent jurisdiction orders the site

closed;

 

4) The operator notifies the Agency that it is initiating closure; or

 

5) Any person initiates closure with approval of the Agency.

 

f) After initiating closure, an operator or any other person authorized to

perform closure or post-closure care may request reimbursement for

closure and post-closure care expenditures by submitting itemized bills to

the Agency. Within 60 days after receiving bills for closure or post-

closure care activities, the Agency will determine whether the

expenditures are in accordance with the closure plan or post-closure care

plan, and if so, will instruct the insurer to make reimbursement in such

amounts as the Agency specifies in writing. If the Agency has reason to

believe that the cost of closure and post-closure care will be significantly

greater than the face amount of the policy, it may withhold reimbursement

of such amounts as it deems prudent until it determines that the operator is

no longer required to maintain financial assurance.

 

g) Cancellation:

 

1) The operator shall maintain the policy in full force and effect until

the Agency consents to termination of the policy.

 

2) The policy must provide that the insurer may not cancel, terminate

or fail to renew the policy except for failure to pay the premium.

The automatic renewal of the policy must, at a minimum, provide

the insured with the option of renewal at the face amount of the

expiring policy. If there is a failure to pay the premium, the

insurer may elect to cancel, terminate or fail to renew the policy by

sending notice by certified mail to the operator and the Agency.

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Cancellation, termination or failure to renew may not occur,

however, during the 120 days beginning with the date of receipt of

the notice by both the Agency and the operator, as evidenced by

the return receipts. Cancellation, termination or failure to renew

may not occur and the policy will remain in full force and effect in

the event that on or before the date of expiration the premium due

is paid.

 

h) Each policy must contain a provision allowing assignment of the policy to

a successor operator. Such assignment may be conditional upon consent

of the insurer, provided such consent is not unreasonably refused.

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Section 807.666 Self-insurance for Non-commercial Sites

 

a) Definitions: The following terms are used in this Section. The definitions

are intended to assist in the understanding of these regulations and are not

intended to limit the meanings of terms in a way that conflicts with

generally accepted accounting principles.

 

"Assets" means all existing and all probable future economic benefits

obtained or controlled by a particular entity.

 

  

 

"Current assets" means cash or other assets or resources commonly

identified as those which are reasonably expected to be realized in cash or

sold or consumed during the normal operating cycle of the business.

 

  

 

"Current liabilities" means obligations whose liquidation is reasonably

expected to require the use of existing resources properly classifiable as

current assets or the creation of other current liabilities.

 

  

 

"Generally accepted accounting principles" means Accounting Standards,

Financial Accounting Standards Board, June, 1984, which is hereby

incorporated by reference. This incorporation includes no later

amendments or editions.

 

  

 

"Gross Revenue" means total receipts less returns and allowances.

 

  

 

"Independently audited" refers to an audit performed by an independent

certified public accountant in accordance with generally accepted auditing

standards.

 

  

 

"Liabilities" means probable future sacrifices of economic benefits arising

from present obligations to transfer assets or provide services to other

entities in the future as a result of past transactions or events.

 

  

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"Net working capital" means current assets minus current liabilities.

 

  

 

"Net worth" means total assets minus total liabilities and is equivalent to

owner's equity.

 

  

 

"Tangible net worth" means tangible assets less liabilities; tangible assets

do not include intangibles such as goodwill and rights to patents or

royalties.

 

b) An operator may satisfy the financial assurance requirements of this Part

by providing the following:

 

1) Bond without surety promising to pay the cost estimate (paragraph

(c)).

 

2) Proof that the operator meets the gross revenue test (paragraph

(d)).

 

3) Proof that the operator meets the financial test (paragraph (e)).

 

c) Bond without surety. An operator utilizing self-insurance must provide a

bond without surety on forms provided in Appendix A. The operator must

promise to pay the current cost estimate to the Agency unless the operator

provides closure and post-closure care in accordance with the closure and

post-closure care plans.

 

d) Gross revenue test. The operator must demonstrate that less than one-half

of its gross revenues are derived from waste disposal operations.

 

e) Financial test:

 

1) To pass the financial test the operator must meet the criteria of

either paragraph (e)(1)(A) or (e)(1)(B):

 

A) The operator must have:

 

i) Two of the following three ratios: a ratio of total

liabilities to net worth less than 2.0; a ratio of the

sum of net income plus depreciation, depletion and

amortization to total liabilities greater than 0.1; or a

ratio of current assets to current liabilities greater

than 1.5; and

 

ii) Net working capital and tangible net worth each at

least six times the current cost estimate; and

 

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iii) Tangible net worth of at least $10 million; and

 

iv) Assets in the United States amounting to at least 90

percent of the operator's total assets and at least six

times the current cost estimate.

 

B) The operator must have:

 

i) A current rating for its most recent bond issuance of

AAA, AA, A or BBB as issued by Standard and

Poor's or Aaa, Aa, A or Baa as issued by Moody's;

and

 

ii) Tangible net worth at least six times the current cost

estimate; and

 

iii) Tangible net worth of at least $10 million; and

 

iv) Assets located in the United States amounting to at

least 90 percent of its total assets or at least six

times the current cost estimate.

2) To demonstrate that it meets this test, the operator must submit the

following items to the Agency:

 

A) A letter signed by the operator's chief financial officer and

worded as specified in Appendix A; and

 

B) A copy of the independent certified public accountant's

report on examination of the operator's financial statements

for the latest completed fiscal year; and

 

C) A special report from the operator's independent certified

public accountant to the operator stating that:

 

i) The accountant has compared the data which the

letter from the chief financial officer specifies as

having been derived from the independently

audited, year-end financial statements for the latest

fiscal year with the amounts in such financial

statements; and

 

ii) In connection with that procedure, no matters came

to the accountant's attention which caused the

accountant to believe that the specified data should

be adjusted.

f) Updated information:

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1) After the initial submission of items specified in paragraphs (d)

and (e), the operator must send updated information to the Agency

within 90 days after the close of each succeeding fiscal year.

 

2) If the operator no longer meets the requirements of paragraphs (d)

and (e), the operator must send notice to the Agency of intent to

establish alternate financial assurance. The notice must be sent by

certified mail within 90 days after the end of the fiscal year for

which the year-end financial data show that the operator no longer

meets the requirements.

 

g) Qualified opinions. If the opinion required in paragraphs (e)(2)(B) and

(e)(2)(C) includes an adverse opinion or a disclaimer of opinion, the

Agency shall disallow the use of self-insurance. If the opinion includes

other qualifications, the Agency shall disallow the use of self-insurance if:

 

1) The qualifications relate to the numbers which are used in the

gross revenue test or the financial test; and,

 

2) In light of the qualifications, the operator has failed to demonstrate

that it meets the gross revenue test or financial test.

 

h) Parent corporation. An operator may satisfy the financial assurance

requirements of this Part by demonstrating that a corporation which owns

an interest in the operator meets the gross revenue and financial tests. The

operator must also provide a bond with the parent as surety (Appendix A).

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

SUBPART G: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF

GENERAL APPLICABILITY

 

Section 807.700 Cretex Pressure Pipe, Inc. Concrete Waste Disposal Site

 

a) The cover requirements of Section 807.305(a), (b) and (c) shall not apply

to the on-site disposal of concrete waste resulting from the manufacturing

operations of Cretex Pressure Pipe, Inc. (Cretex) at its South Beloit,

Winnebago County, plant.

 

b) Disposal activities shall meet the following requirements:

 

1) Cretex shall limit waste disposal to the types of waste disposed of

pursuant to variance granted in PCB 83-125, which are concrete

waste, cull pipe, and metal reinforcing rods embedded in concrete.

Cretex shall take all reasonable measures to minimize disposal of

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such metals as waste through use of recycling, such as reuse of the

metals on-site or sale or exchange of the metals through the Illinois

Industrial Materials Exchange Service.

 

2) Cretex shall limit the exposed, active surface of its disposal site to

a one acre area, and the height of the fill in the active area to that

of adjacent improved terrain.

 

3) Once a week, Cretex shall cover the exposed, active surface of its

disposal site with a compacted layer of at least 6 inches of earthen

material.

 

4) Within 60 days of cessation of disposal activities, in any one acre

area, Cretex shall provide any final, sloping faces of its disposal

site with at least two feet of final cover consisting of compacted

earthen material. Cretex shall insure that a vegetative cover is

established to control erosion.

 

5) Within 60 days of cessation of disposal activities, Cretex shall

provide any flat reclaimed area of its disposal site which is to be

used for the storage of pipe inventory and equipment, or which is

to be occupied by buildings, with at least six inches of final cover

consisting of silty sand or similar material. However, within 60

days of cessation of such uses, Cretex shall provide at least an

additional 18 inches of final cover material as specified in

subsection (b)(4) above.

 

(Source: Added at 12 Ill. Reg. 15566, effective September 14, 1988)

 

APPENDIX A Financial Assurance Forms

 

 

ILLUSTRATION A Trust Agreement

 

 

TRUST AGREEMENT

 

Trust Fund Number ______

 

Trust Agreement, the "Agreement," entered into as of the ____ day of__________, by

and between ________________, a ________________, the "Grantor," and

________________, ________________, the "Trustee."

 

Whereas, Section 21.1 of the Environmental Protection Act, "Act", prohibits any person

from conducting any waste disposal operation unless such person has posted with the

Illinois Environmental Protection Agency, "IEPA", a performance bond or other security

for the purpose of insuring closure of the site and post-closure care in accordance with

the Act and Illinois Pollution Control Board, "IPCB", rules.

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Whereas, the IPCB has established certain regulations applicable to the Grantor,

requiring that an operator of a waste disposal site provide assurance that funds will be

available when needed for closure and/or post-closure care of the site.

 

Whereas, the Grantor has elected to establish a trust to provide all or part of such

financial assurance for the sites identified in this agreement.

 

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee

to be the trustee under this agreement, and the Trustee is willing to act as trustee.

 

Whereas, Trustee is an entity which has authority to act as a trustee and whose trust

operations are regulated by the Illinois Commissioner of Banks & Trust Companies or

who complies with the Foreign Corporations as Fiduciaries Act (Ill. Rev. Stat. 1983,

ch. 17, par. 2801, et seq.) (Line through any condition which does not apply.)

 

Now, Therefore, the Grantor and the Trustee agree as follows:

 

Section 1. Definitions. As used in this Agreement:

 

(a) The term "Grantor" means the operator who enters into this Agreement and any

successors or assigns of the operator.

 

(b) The term "Trustee" means the Trustee who enters into this Agreement and any

successor Trustee.

 

Section 2. Identification of Sites and Cost Estimates. This Agreement pertains to the

sites and cost estimates identified on attached Schedule A (on Schedule A, list the name

and address and initial cost estimate of each site for which financial assurance is

demonstrated by this agreement).

 

Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a

trust fund, the "Fund," for the benefit of the IEPA. The Grantor and the Trustee intend

that no other third party have access to the Fund except as provided in this agreement.

The Fund is established initially as consisting of the property, which is acceptable to the

Trustee, described in Schedule B attached to this agreement. Such property and any

other property subsequently transferred to the Trustee is referred to as the Fund, together

with all earnings and profits on the Fund, less any payments or distributions made by the

Trustee pursuant to this agreement. The Fund shall be held by the Trustee, in trust, as

provided in this agreement. The Trustee shall not be responsible nor shall it undertake

any responsibility for the amount or adequacy of, nor any duty to collect from the

Grantor, any payments necessary to discharge any liabilities of the Grantor.

 

Section 4. Payment for Closure and Post-Closure Care. The Trustee shall make

payments from the Fund as the IEPA shall direct, in writing, to provide for the payment

of the costs of closure and/or post-closure care of the sites covered by this agreement.

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The Trustee shall reimburse the Grantor or other persons as specified by the IEPA from

the Fund for closure and post-closure expenditures in such amounts as the IEPA shall

direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the

IEPA specifies in writing. Upon refund, such funds shall no longer constitute part of the

Fund.

 

Section 5. Payments Comprising the Fund. Payments made to the Trustee for the

Fund shall consist of cash or securities acceptable to the Trustee.

 

Section 6. Trust Management. The Trustee shall invest and reinvest the principal

and income of the Fund and keep the Fund invested as a single fund, without distinction

between principal and income, in accordance with general investment policies and

guidelines which the Grantor may communicate in writing to the Trustee from time to

time, subject, however, to the provisions of this Section. In investing, reinvesting,

exchanging, selling and managing the Fund, the Trustee shall discharge his duties with

respect to the trust fund solely in the interest of the beneficiary and with the care, skill,

prudence and diligence under the circumstances then prevailing which persons of

prudence, acting in a like capacity and familiar with such matters, would use in the

conduct of an enterprise of a like character and with like aims; except that:

 

a) Securities or other obligations of the Grantor, or any other owner or operator of

the site, or any of their affiliates as defined in the Investment Company Act of

1940, as amended, 15 U.S.C. 80a-2.(a), shall not be acquired or held, unless they

are securities or other obligations of the Federal government or the State of

Illinois;

 

b) The Trustee is authorized to invest the Fund in time or demand deposits of the

Trustee, to the extent insured by the Federal Deposit Insurance Corporation or

Federal Savings & Loan Insurance Corporation.

 

c) The Trustee is authorized to hold cash awaiting investment or distribution

uninvested for a reasonable time and without liability for the payment of interest

thereon.

 

Section 7. Commingling and Investment. The Trustee is expressly authorized in its

discretion:

 

a) To transfer from time to time any or all of the assets of the Fund to any common,

commingled or collective trust fund created by the Trustee in which the Fund is

eligible to participate, subject to all of the provisions thereof, to be commingled

with the assets of other trusts participating therein; and

 

b) To purchase shares in any investment company registered under the Investment

Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be

created, managed, underwritten or to which investment advice is rendered or the

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shares of which are sold by the Trustee. The Trustee may vote such shares in its

discretion.

 

Section 8. Express Powers of Trustee. Without in any way limiting the powers and

discretions conferred upon the Trustee by the other provisions of this agreement or by

law, the Trustee is expressly authorized and empowered:

 

a) To sell, exchange, convey, transfer or otherwise dispose of any property held by

it, by public or private sale. No person dealing with the Trustee shall be bound to

see to the application of the purchase money or to inquire into the validity or

expedience of any such sale or other disposition;

 

b) To make, execute, acknowledge and deliver any and all documents of transfer and

conveyance and any and all other instruments that may be necessary or

appropriate to carry out the powers granted in this agreement;

 

c) To register any securities held in the Fund in its own name or in the name of a

nominee and to hold any security in bearer form or in book entry, or to combine

certificates representing such securities with certificates of the same issue held by

the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of

such securities in a qualified central depository even though, when so deposited,

such securities may be merged and held in bulk in the name of the nominee of

such depository with other securities deposited therein by another person, or to

deposit or arrange for the deposit of any securities issued by the United States

Government, or any agency or instrumentality thereof, with a Federal Reserve

Bank, but the books and records of the Trustee shall at all times show that all such

securities are part of the Fund.

 

d) To deposit any cash in the Fund in interest-bearing accounts maintained or

savings certificates issued by the Trustee, in its separate corporate capacity, or in

any other banking institution affiliated with the Trustee, to the extent insured by

the Federal Deposit Insurance Corporation or Federal Savings & Loan Insurance

Corporation; and

 

e) To compromise or otherwise adjust all claims in favor of or against the Fund.

 

Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied

against or in respect of the Fund and all brokerage commissions incurred by the Fund

shall be paid from the Fund. All other expenses incurred by the Trustee, to the extent not

paid directly by the Grantor, and all other proper charges and disbursements of the

Trustee shall be paid from the Fund.

 

Section 10. Annual Valuation. The Trustee shall annually furnish to the Grantor and

to the IEPA a statement confirming the value of the Trust. The evaluation day shall be

each year on the ______ day of __________. Any securities in the Fund shall be valued

at market value as of the evaluation day. The Trustee shall mail the evaluation statement

---

to the Grantor and the IEPA within 30 days after the evaluation day. The failure of the

Grantor to object in writing to the Trustee within 90 days after the statement has been

furnished to the Grantor and the IEPA shall constitute a conclusively binding assent by

the Grantor, barring the Grantor from asserting any claim or liability against the Trustee

with respect to matters disclosed in the statement.

 

Section 11. Advice of counsel. The Trustee may from time to time consult with

counsel, who may be counsel to the Grantor, with respect to any question arising as to the

construction of this agreement or any action to be taken hereunder. The Trustee shall be

fully protected, to the extent permitted by law, in acting upon the advice of counsel.

 

Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable

compensation for its services as agreed upon in writing from time to time with the

Grantor.

 

Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the

Trustee, but such resignation or replacement shall not be effective until the Grantor has

appointed a successor trustee and the successor accepts the appointment. The successor

trustee shall have the same powers and duties as those conferred upon the Trustee

hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall

assign, transfer and pay over to the successor trustee the funds and properties then

constituting the Fund. If for any reason the Grantor cannot or does not act in the event of

the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction

for the appointment of a successor trustee or for instructions. The successor trustee shall

specify the date on which it assumes administration of the trust in a writing sent to the

Grantor, the IEPA and the present Trustee by certified mail 10 days before such change

becomes effective. Any expenses incurred by the Trustee as a result of any of the acts

contemplated by this Section shall be paid as provided in Section 9.

 

Section 14. Instructions to the Trustee. All orders, requests and instructions by the

Grantor to the Trustee shall be in writing, signed by such persons as are designated in the

attached Exhibit A or such other designees as the Grantor may designate by amendment

to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance

with the Grantor's orders, requests and instructions. All orders, requests and instructions

by the IEPA to the Trustee shall be in writing, signed by the IEPA Director or his

designees, and the Trustee shall act and shall be fully protected in acting in accordance

with such orders, requests and instructions. The Trustee shall have the right to assume, in

the absence of written notice to the contrary, that no event constituting a change or a

termination of the authority of any person to act on behalf of the Grantor or IEPA

hereunder has occurred. The Trustee shall have no duty to act in the absence of such

orders, requests and instructions from the Grantor and/or IEPA, except as provided in this

agreement.

 

Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the

IEPA, by certified mail within 10 days following the expiration of the 30-day period after

the anniversary of the establishment of the Trust, if no payment is received from the

---

Grantor during that period. After the pay-in period is completed, the Trustee shall not be

required to send a notice of nonpayment.

 

Section 16. Amendment of Agreement. This Agreement may be amended by an

instrument in writing executed by the Grantor, the Trustee and the IEPA Director, or by

the Trustee and the IEPA Director if the Grantor ceases to exist.

 

Section 17. Irrevocability and Termination. Subject to the right of the parties to

amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall

continue until terminated at the written agreement of the Grantor, the Trustee and the

IEPA Director, or by the Trustee and the IEPA, if the Grantor ceases to exist. Upon

termination of the Trust, all remaining trust property, less final trust administration

expenses, shall be delivered to the Grantor.

 

Section 18. Immunity and Indemnification. The Trustee shall not incur personal

liability of any nature in connection with any act or omission, made in good faith, in the

administration of this Trust, or in carrying out any directions by the Grantor or the IEPA

Director issued in accordance with this Agreement. The Trustee shall be indemnified and

saved harmless by the Grantor or from the Trust Fund, or both, from and against any

personal liability to which the Trustee may be subjected by reason of any act or conduct

in its official capacity, including all expenses reasonably incurred in its defense in the

event the Grantor fails to provide such defense.

 

Section 19. Choice of Law. This Agreement shall be administered, construed and

enforced according to the laws of the State of Illinois.

 

Section 20. Interpretation. As used in this Agreement, words in the singular include

the plural and words in the plural include the singular. The descriptive headings for each

Section of this Agreement shall not affect the interpretation or the legal efficacy of this

Agreement.

 

In Witness Whereof the parties have caused this Agreement to be executed by their

respective officers duly authorized and their corporate seals to be hereunto affixed and

attested as of the date first above written.

 

Attest:

Signature of Grantor

 

  

_____________________

Typed

Name

 

  

_____________________

Title

 

  

_____________________

Seal

Attest:

Signature of Trustee

---

 

  

_____________________

Typed

Name

 

  

_____________________

Title

 

  

_____________________

Seal

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

Illustration B Certificate of Acknowledgment

 

 

CERTIFICATE OF ACKNOWLEDGMENT

 

 

State of _____________

)

)

SS

County of ___________

)

 

 

On this _____ day of __________, ____________ before me personally came

______________(operator) to me known, who, being by me duly sworn, did depose and

say that she/he resides at ___________________________________________(address),

that she/he is _______________(title) of ___________________________(corporation),

the corporation described in and which executed the above instrument; that she/he knows

the seal of said corporation; that the seal affixed to such instrument is such corporate

seal; that it was so affixed by order of the Board of Directors of said corporation, that

she/he signed her/his name thereto by like order.

 

 

 

________________________

Notary

Public

 

 

My Commission Expires

__________________

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

---

Illustration C Forfeiture Bond

 

 

FORFEITURE BOND

 

Date bond executed: _________________________________

 

Effective date: _____________________________________

 

Principal: __________________________________________

 

______________________________________________________

 

Type of organization: _______________________________

 

State of incorporation: _____________________________

 

Surety: _____________________________________________

 

 

Sites:

 

Name__________________________________________________

 

Address_______________________________________________

 

City__________________________________________________

 

Amount guaranteed by this bond: $_______________

 

Name__________________________________________________

 

Address________________________________________________

 

City___________________________________________________

 

Amount guaranteed by this bond $____________________

 

Please attach a separate page if more space is needed for all sites.

 

Total penal sum of bond: $________________________

 

Surety's bond number: __________

 

The Principal and the Surety promise to pay the Illinois Environmental Protection

Agency ("IEPA") the above penal sum unless the Principal provides closure and post-

closure care for each site in accordance with the closure and post-closure care plans for

---

that site. To the payment of this obligation the Principal and Surety jointly and severally

bind themselves, their heirs, executors, administrators, successors and assigns.

 

Whereas the Principal is required, under the Environmental Protection Act, Ill. Rev.

Stat. 1983, ch. 111 1/2, par. 1021(d) to have a permit to conduct a waste disposal

operation;

 

Whereas the Principal is required, under Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1021.1,

to provide financial assurance for closure and post-closure care; and

 

Whereas the Surety is licensed by the Illinois Department of Insurance;

 

Whereas the Principal and Surety agree that this bond shall be governed by the laws of

the State of Illinois;

 

The Surety shall pay the penal sum to the IEPA if, during the term of the bond, the

Principal fails to provide closure and post-closure care for any site in accordance with the

closure and post-closure care plans for that site as guaranteed by this bond. The Principal

fails to so provide when the Principal:

 

a) Abandons the site;

 

b) Is adjudicated bankrupt;

 

c) Fails to initiate closure of the site or post-closure care when ordered to do

so by the Board or a court of competent jurisdiction; or

 

d) Notifies the Agency that it has initiated closure, or initiates closure, but

fails to close the site or provide post-closure care in accordance with the

closure and post-closure care plans.

 

The Surety shall pay the penal sum of the bond to the IEPA within 30 days after the

IEPA mails notice to the Surety that the Principal has failed to so provide closure and

post-closure care. Payment shall be made by check or draft payable to the State of

Illinois, Landfill Closure and Post-closure Fund. The liability of the Surety shall not be

discharged by any payment or succession of payments unless and until such payment or

payments shall amount in the aggregate to the penal sum of the bond. In no event shall

the obligation of the Surety exceed the amount of the penal sum.

 

This bond shall expire on the _____ day of _________ , __________; provided, however,

that if the Principal fails to provide substitute financial assurance prior to the expiration

date, and the IEPA mails notice of such failure to the Surety within 30 days after such

date, the term of this bond shall be automatically extended for one twelve-month period

starting with the date of expiration of the bond.

 

---

The Principal may terminate this bond by sending written notice to the Surety; provided,

however, that no such notice shall become effective until the Surety receives written

authorization for termination of the bond from the IEPA.

 

In Witness Whereof, the Principal and Surety have executed this Forfeiture Bond and

have affixed their seals on the date set forth above.

 

The persons whose signatures appear below certify that they are authorized to execute

this surety bond on behalf of the Principal and Surety.

 

Principal Corporate

Surety

 

  

Signature Name

 

  

________________________ ________________________

Type Name

Address

 

  

________________________ ________________________

Title

State of Incorporation

 

  

________________________ ________________________

Date Signature

 

  

________________________ ________________________

Typed

Name

 

  

________________________

Title

 

  

________________________ ________________________

 

  

Corporate seal

Corporate seal

 

  

 

  

 

Bond premium: $________________

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

Illustration D Performance Bond

 

 

PERFORMANCE BOND

 

Date bond executed:__________________________________

 

---

Effective date:_______________________________________

 

Principal:___________________________________________

 

___________________________________________________

 

Type of organization:__________________________________

 

State of incorporation:_________________________________

 

Surety:______________________________________________

 

 

Sites:

 

Name_______________________________________________

 

Address_____________________________________________

 

City________________________________________________

 

Amount guaranteed by this bond: $__________________

 

Name________________________________________________

 

Address______________________________________________

 

City__________________________________________________

 

Amount guaranteed by this bond: $___________________

 

Please attach a separate page if more space is needed for all sites.

 

Total penal sum of bond: $______________________

 

Surety's bond number: ______

 

The Principal and the Surety promise to pay the Illinois Environmental Protection

Agency ("IEPA") the above penal sum unless the Principal or Surety provides closure

and post-closure care for each site in accordance with the closure and post-closure care

plans for that site. To the payment of this obligation the Principal and Surety jointly and

severally bind themselves, their heirs, executors, administrators, successors and assigns.

 

Whereas the Principal is required, under the Environmental Protection Act, Ill. Rev.

Stat. 1983, ch. 111 1/2, par. 1021(d) to have a permit to conduct a waste disposal

operation;

---

 

Whereas the Principal is required, under Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1021.1,

to provide financial assurance for closure and post-closure care; and

 

Whereas the Surety is licensed by the Illinois Department of Insurance;

 

Whereas the Principal and Surety agree that this bond shall be governed by the laws of

the State of Illinois;

 

The Surety shall pay the penal sum to the IEPA or provide closure and post-closure care

in accordance with the closure and post-closure care plans for the site if, during the term

of the bond, the Principal fails to provide closure and post-closure care for any site in

accordance with the closure and post-closure care plans for that site as guaranteed by this

bond. The Principal fails to so provide when the Principal:

 

a) Abandons the site;

 

b) Is adjudicated bankrupt;

 

c) Fails to initiate closure of the site or post-closure care when ordered to do

so by the Board or a court of competent jurisdiction; or

 

d) Notifies the Agency that it has initiated closure, or initiates closure, but

fails to close the site or provide post-closure care in accordance with the

closure and post-closure care plans.

 

The Surety shall pay the penal sum of the bond to the IEPA or notify the IEPA that it

intends to provide closure and post-closure care in accordance with the closure and post-

closure care plans for the site within 30 days after the IEPA mails notice to the Surety

that the Principal has failed to so provide closure and post-closure care. Payment shall be

made by check or draft payable to the State of Illinois, Landfill Closure and Post-closure

Fund.

 

If the Surety notifies the Agency that it intends to provide closure and post-closure care,

then the Surety must initiate closure and post-closure care within 60 days after the IEPA

mailed notice to the Surety that the Principal failed to provide closure and post-closure

care. The Surety must complete closure and post-closure care in accordance with the

closure and post-closure care plans, or pay the penal sum.

 

The liability of the Surety shall not be discharged by any payment or succession of

payments unless and until such payment or payments shall amount in the aggregate to the

penal sum of the bond. In no event shall the obligation of the Surety exceed the amount

of the penal sum.

 

This bond shall expire on the _____ day of __________, ___________; provided,

however, that if the Principal fails to provide substitute financial assurance prior to the

---

expiration date, and the IEPA mails notice of such failure to the Surety within 30 days

after such date, the term of this bond shall be automatically extended for one twelve-

month period starting with the date of expiration of the bond.

 

The Principal may terminate this bond by sending written notice to the Surety; provided,

however, that no such notice shall become effective until the Surety receives written

authorization for termination of the bond from the IEPA.

 

In Witness Whereof, the Principal and Surety have executed this Forfeiture Bond and

have affixed their seals on the date set forth above.

 

The persons whose signatures appear below certify that they are authorized to execute

this surety bond on behalf of the Principal and Surety.

 

Principal Corporate

Surety

 

  

Signature Name

 

  

________________________ ________________________

Typed Name

Address

 

  

________________________ ________________________

Title

State of Incorporation

 

  

________________________ ________________________

Date Signature

 

  

________________________ ________________________

Typed

Name

 

  

________________________

Title

 

  

________________________

 

  

Corporate seal

Corporate seal

 

  

 

  

 

Bond premium: $________________

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

Appendix A Financial Assurance Forms

Illustration E Irrevocable Standby Letter of Credit

 

 

IRREVOCABLE STANDBY LETTER OF CREDIT

 

---

Director

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

 

Dear Sir or Madam:

 

We have authority to issue letters of credit. Our letter-of-credit operations are regulated

by the Illinois Commissioner of Banks and Trusts or our deposits are insured by the

Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance

Corporation. (Omit language which does not apply)

 

We hereby establish our Irrevocable Standby Letter of Credit No. ______ in your favor,

at the request and for the account of ____________ up to the aggregate amount of

________ U.S. dollars ($_______), available upon presentation of

 

1. your sight draft, bearing reference to this letter of credit No. _____; and,

 

2. your signed statement reading as follows: "I certify that the amount of the draft is

payable pursuant to regulations issued under authority of the Environmental Protection

Act, Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1001 et seq. and 35 Ill. Adm. Code

807.664(e).

 

This letter of credit is effective as of ____________ and shall expire on __________; but,

such expiration date shall be automatically extended for one period of twelve months

starting with the expiration date if the operator fails to substitute alternate financial

assurance prior to the expiration of this letter of credit and you notify us of such failure

within 30 days after the above expiration date.

 

Whenever this letter of credit is drawn on under and in compliance with the terms of this

credit, we shall duly honor such draft upon presentation to us, and we shall deposit the

amount of the draft directly into the State of Illinois landfill closure and post-closure fund

in accordance with your instructions.

 

This letter of credit is governed by the Uniform Commercial Code (Ill. Rev. Stat. 1983,

ch. 26, pars. 1-101 et seq.).

 

Signature

 

_________________________

Typed Name

 

_________________________

Title

 

_________________________

---

Date

_________________________

 

________________________________________________

Name and address of issuing institution

 

This credit is subject to _________________________

 

_________________________________________________

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

Illustration F Certificate of Insurance for Closure and/or Post-Closure Care

 

CERTIFICATE OF INSURANCE FOR CLOSURE AND/OR POST-CLOSURE CARE

 

Name and Address of Insurer ("Insurer"):

 

__________________________________________________

 

__________________________________________________

 

Name and Address of Insured ("Insured"):

 

__________________________________________________

 

__________________________________________________

 

Sites Covered:

 

 

Name____________________________________________

 

Address__________________________________________

 

City_____________________________________________

 

Amount insured for this site: $__________________

 

Name_____________________________________________

 

Address__________________________________________

 

City______________________________________________

---

 

Amount insured for this site: $___________________

 

Please attach a separate page if more space is needed for all sites.

 

Face Amount_______________________________________

 

Policy Number______________________________________

 

Effective Date_______________________________________

 

The Insurer hereby certifies that it is licensed to transact the business of insurance by the

Illinois Department of Insurance.

 

The insurer hereby certifies that it has issued to the Insured the policy of insurance

identified above to provide financial assurance for closure and post-closure care for the

sites identified above. The Insurer further warrants that such policy conforms in all

respects with the requirements of 35 Ill. Adm. code 807.665, as applicable and as such

regulations were constituted on the date shown immediately below. It is agreed that any

provision of the policy inconsistent with such regulations is hereby amended to eliminate

such inconsistency.

 

Name (Authorized signature for Insurer)

 

__________________________________________________

 

Typed Name

 

__________________________________________________

 

Title

 

__________________________________________________

 

Date

 

_________________________

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

Illustration G Operator's Bond Without Surety

 

 

OPERATOR'S BOND WITHOUT SURETY

 

---

Date bond executed: ____________________________________

 

Effective date: _________________________________________

 

Operator:______________________________________________

 

Operator's address: ______________________________________

 

______________________________________________________

 

Site: __________________________________________________

 

Site address: ____________________________________________

 

______________________________________________________

 

Penal sum: $______

 

The operator promises to pay the penal sum to the Illinois Environmental Protection

Agency unless the Operator provides closure and post-closure care of the site in

accordance with the closure and post-closure care plans for the site.

 

Operator

 

Signature

 

_________________________

Typed Name

 

_________________________

Title

 

_________________________

Date

 

_________________________

 

Corporate seal

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

Illustration H Operator's Bond with Parent Surety

 

 

OPERATOR'S BOND WITH PARENT SURETY

---

 

Date bond executed: _________________________

 

Effective Date: _________________________

 

Surety: _________________________

 

Surety's address: _________________________

 

Operator: _________________________

 

Operator's address: _________________________

 

Site: _________________________

 

Site address: _________________________

 

Penal sum: $________

 

The Operator and Surety promise to pay the above penal sum to the Illinois

Environmental Protection Agency ("IEPA") unless the Operator provides closure and

post-closure care of the site in accordance with the closure and post-closure care plans for

the site. To the payment of this obligation the Operator and Surety jointly and severally

bind themselves, their heirs, executors, administrators, successors and assigns.

 

Whereas the Operator is required under the Environmental Protection Act, Ill. Rev. Stat.

1983, ch. 111 1/2, par. 1021(d) to have a permit to conduct a waste disposal operation;

and

 

Whereas the Operator is required, under Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1021.1,

to provide financial assurance for closure and post-closure care; and

 

Whereas the Operator and Surety agree that this bond shall be governed by the laws of

the State of Illinois; and

 

Whereas the Surety is a corporation which owns an interest in the Operator;

 

The Surety shall pay the penal sum to the IEPA if, during the term of the bond, the

Operator fails to provide closure and post-closure care for any site in accordance with the

closure and post-closure care plans for that site as guaranteed by this bond. The Operator

fails to so provide when the Operator:

 

a) Abandons the site;

 

b) Is adjudicated bankrupt;

 

---

c) Fails to initiate closure of the site or post-closure care when ordered to do

so by the Board or a court of competent jurisdiction; or

 

d) Notifies the Agency that it has initiated closure, or initiates closure, but

fails to close the site or provide post-closure care in accordance with the

closure and post-closure care plans.

 

The Surety shall pay the penal sum of the bond to the IEPA within 30 days after the

IEPA mails notice to the Surety that the Operator has failed to so provide closure and

post-closure care. Payment shall be made by check or draft payable to the State of

Illinois, Landfill Closure and Post-closure Fund.

 

In Witness Whereof, the Operator and Surety have executed this bond and have affixed

their seals on the date set forth above.

 

The persons whose signatures appear below certify that they are authorized to execute

this surety bond on behalf of the Operator and Surety.

 

  

Operator Surety

 

  

Signature Name

 

  

_________________________ _________________________

Typed Name

Address

 

  

_________________________ _________________________

Title

State of Incorporation

 

  

_________________________ _________________________

Date Signature

 

  

_________________________ _________________________

Typed

Name

 

  

_________________________

Title

 

  

_________________________

 

  

Corporate seal

Corporate seal

 

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix A Financial Assurance Forms

 

---

Illustration I Letter from Chief Financial Officer

 

 

LETTER FROM CHIEF FINANCIAL OFFICER

 

Director

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

 

Dear Sir or Madam:

 

I am the chief financial officer of _________________________.

 

This letter is in support of this firm's use of the gross revenue test and financial test to

demonstrate financial assurance pursuant to 35 Ill. Adm. Code 807.666.

 

This letter is to demonstrate financial assurance for the following sites:

 

Operator:__________________________________________________

 

Name:_____________________________________________________

 

Address:__________________________________________________

 

City:_____________________________________________________

 

Current cost estimate: $________

 

Operator:__________________________________________________

 

Name:____________________________________________________

 

Address:__________________________________________________

 

City:___________________________________________________

 

Current cost estimate: $_______

 

Please attach a separate page if more space is needed for all facilities.

 

Attached is an Operator's Bond without Surety or an Operator's Bond with Parent

Surety for the current cost estimate for each site. (Strike inapplicable

language.)

 

Gross Revenue Test

 

---

1. Gross revenue of the firm

$_______________________

 

  

2. Gross revenue from waste disposal operations

$_______________________

 

  

3. Line 2 divided by line 3

_______________________

 

 

Financial Test

Alternative I

 

  

1. Sum of current cost estimates (total of all cost

estimates shown in paragraphs above)

$_______________________

 

  

2. Total liabilities (if any portion of the cost

estimates is included in total liabilities, you may

deduct the amount of that portion from this line and

add that amount to lines 3 and 4)

$_______________________

 

  

3. Tangible net worth

$_______________________

 

  

4. Net worth

$_______________________

 

  

5. Current assets

$_______________________

 

  

6. Current liabilities

$_______________________

 

  

7. Net working capital (line 5 minus line 6)

$_______________________

 

  

8. The sum of net income plus depreciation,

depletion, and amortization

$_______________________

 

  

9. Total assets in U.S. (required only if less than

90% of firm's assets are located in the U.S

$_______________________

 

Yes

No

10. Is line 3 at least $10 million

________

________

________

________

11. Is line 3 at least 6 times line 1?

________

________

________

________

12. Is line 7 at least 6 times line 1?

________

________

________

________

13. Are at least 90% of firm's assets located in the

U.S.? If not, complete line 14.

________ ________

________

________

14. Is line 9 at least 6 times line 1?

________

________

________

________

---

15. Is line 2 divided by line 4 less than 2.0?

________

________

________

________

16. Is line 8 divided by line 2 greater than 0.1?

________

________

________

________

17. Is line 5 divided by line 6 greater than 1.5?

________

________

 

 

Signature

 

__________________________________

Typed Name

 

__________________________________

Title

 

__________________________________

Date

__________________________________

 

 

Financial Test

Alternative II

 

1. Sum of current cost estimates (total of all cost

estimates shown in paragraphs above)

$_______________________

 

  

2. Current bond rating of most recent issuance of

this firm and name of rating service

_______________________

 

  

3. Date of issuance of bond

_______________________

 

  

4. Date of maturity of bond

_______________________

 

  

5. Tangible net worth (if any portion of the closure

and post-closure cost estimates is included in "total

liabilities" on your firm's financial statements, you

may add the amount of that portion to this line)

$_______________________

 

  

6. Total assets in U.S. (required only if less than

90% of firm's assets are located in the U.S.)

$_______________________

 

 

Yes No

7. Is line 5 at least $10 million?

________

________

________

________

8. Is line 5 at least 6 times line 1?

________

________

________

________

---

9. Are at least 90% of firm's assets located in the

U.S.? If not complete line 10.

________ ________

________

________

10. Is line 6 at least 6 time line 1?

________

________

 

  

  

 

Signature

 

__________________________________

Typed name

 

__________________________________

Title

 

__________________________________

Date

 

__________________________________

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)

 

Appendix B Old Rule Numbers Referenced

 

 

The following table is provided to aid in referencing old Board rule numbers to section

numbers pursuant to codification.

 

Chapter 7: Solid Waste

35 Ill. Adm. Code 807

Rule 101

Section 807.101

Rule 102

Section 807.102

Rule 103

Section 807.103

Rule 104

Section 807.104

Rule 201

Section 807.201

Rule 202

Section 807.202

Rule 203

Section 807.203

Rule 204

Section 807.204

Rule 205

Section 807.205

Rule 206

Section 807.206

Rule 207

Section 807.207

Rule 208

Section 807.208

Rule 209

Section 807.209

Rule 210

Section 807.210

Rule 211

Section 807.211

Rule 212

Section 807.212

Rule 213

Section 807.213

Rule 301

Section 807.301

Rule 302

Section 807.302

---

Rule 303

Section 807.303

Rule 304

Section 807.304

Rule 305

Section 807.305

Rule 306

Section 807.306

Rule 307

Section 807.307

Rule 308

Section 807.308

Rule 309

Section 807.309

Rule 310

Section 807.310

Rule 311

Section 807.311

Rule 312

Section 807.312

Rule 313

Section 807.313

Rule 314

Section 807.314

Rule 315

Section 807.315

Rule 316

Section 807.316

Rule 317

Section 807.317

Rule 318

Section 807.318

 

 

(Source: Amended at 9 Ill. Reg. 18942, effective November 25, 1985)