IN THE
MATTER
OF:
RCRA UPDATE,
USEPA REGULATIONS)
(7/1/91
—
12/31/91)
)
)
)
Rules)
ILLINOIS POLLUTION CONTROL BOARD
May 7,
1992
R92—1
(Identical in Substance
Proposal For Public Comment
PROPOSED ORDER OF THE BOARD
(by J. Anderson):
Pursuant to Section 7.2 and 22.4(a)
of the Environmental
Protection Act (Act),
the Board is proposing to amend the RCRA
hazardous waste regulations.
The amendments involve 35 Ill.
Adm.
Code 720, 721,
722,
724 and 725.
The Board will receive public
comment for 45 days after the date of publication of the proposed
rules in the Illinois Register.
The complete text of the rules
is attached to this Order.
This Proposed Order
is supported by a Proposed Opinion adopted
this same day.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above proposed order was adopted
on the
7~
day of
-~--7
,
1992, by a vote of
7~
I
Dorothy N.
Illinois
Control Board
133—361
2
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION
CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS
WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT
SYSTEM:
GENERAL
SUBPART A:
GENERAL PROVISIONS
Section
720.101
Purpose, Scope and Applicability
720.102
Availability of Information; Confidentiality
of
Information
720.103
Use of Number and Gender
SUBPART
B:
DEFINITIONS
Section
720. 110
Definitions
720.111
References
SUBPART C:
RULEMAKING PETITIONS
AND
OTHER PROCEDURES
Section
720.120
Rulemaking
720.121
Alternative Equivalent Testing Methods
720.122
Waste Delisting
720.130
Procedures for Solid Waste Determinations
720.131
Solid Waste Determinations
720.132
Boiler Determinations
720.133
Procedures for Determinations
720.140
Additional regulation of certain hazardous waste
Recycling Activities on a case—by—case Basis
720.141
Procedures for case—by-case regulation of hazardous
waste Recycling Activities
Appendix A
Overview of 40 CFR, Subtitle C Regulations
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill.
Rev. Stat.
1991,
ch.
111½,
pars.
1022.4 and 1027).
SOURCE:
Adopted in R81-22,
43 PCB 427,
at 5
Ill. Reg.
9781,
effective as noted
in 35
Ill. Adm. Code 700.106;
amended and
codified in R81-22,
45 PCB 317,
at
6 Ill. Reg.
4828,
effective as
noted in 35 Ill.
Adm.
Code 700.106; amended
in R82-19 at 7
Ill.
Reg.
14015, effective Oct.
12,
1983; amended in R84—9,
53 PCB 131
at
9
Ill.
Reg.
11819,
effective July 24,
1985; amended in R85—22
at 10
Ill. Reg.
968,
effective January
2,
1986; amended
in R86—1
at 10
Ill.
Reg.
13998, effective August 12, 198~ amended in R86—
19 at 10
Iii. Reg.
20630, effective December
2,
1986; amended in
R86—28 at 11 Iii.
Reg.
6017,
effective March
24,
1987; amended in
R86—46 at 11 Ill.
Reg.
13435, effective August
4,
1987; amended
in R87—5 at 11 Iii.
Beg.
19280, effective November 12,
1987;
133—362
3
amended in R87-26 at
12
Ill.
Beg. 2450,
effective January
15,
1988; amended in R87-39 at
12
Ill. Reg.
12999,
effective July 29,
1988;
amended in R88-16 at
13
Ill.
Beg.
362, effective December
27,
1988;
amended in R89—1 at 13
Ill. Reg.
18278, effective
November 13,
1989; amended in R89—2 at 14 Ill. Reg.
3075,
effective February 20,
1990; amended in R89—9 at
14
Ill.
Beg.
6225, effective April
16,
1990; amended in R90—10 at 14
Ill. Beg.
16450,
effective September
25,
1990; amended in R90—17 at 15 Ill.
Beg.
7934,. effective May 9,
1991;
amended in R90—ll at 15
Ill.
Beg.
9323,
effective June 17,
1991; amended in R91—1 at 15 Ill.
Beg.
14446,
effective September
30,
1991;
amended in R91—13 at
16 Ill.
Beg.
,
effective
;
amended in R92—
1 at 16 111. Reg.
,
effective
SUBPART
B:
DEFINITIONS
Section 720.110
Definitions
When used in 35 Ill. Adm. Code 720 through 726 and 728 only,
the
following terms have the meanings given below:
“Aboveground tank” means a device meeting the
definition of “tank” that is situated in such a way
that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and
the entire surface area of the tank (including the tank
bottom)
is able to be visually inspected.
“Act” or “RCRA” means the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act
of 1976,
as amended
(42 U.S.C.
6901 et seq.)
“Active life” of a facility means the period from the
initial receipt of hazardous waste at the facility
until the Agency receives certification of final
closure.
“Active portion” means that portion of a facility where
treatment,
storage or disposal operations are being or
have been conducted after May 19,
1980,
and which is
not a closed portion.
(See also “closed portion” and
“inactive portion”.)
“Administrator” means the Administrator of the U.S.
Environmental Protection Agency or the Administrator’s
designee.
“Agency” means the Illinois Environmental Protection
Agency.
“Ancillary equipment” means any device including,
but
not limited to, such devices as piping,
fittings,
133—36 3
4
flanges, valves and pumps,
that is used to distribute,
meter or control the flow of hazardous waste from its
point of generation to storage or treatment tank(s),
between hazardous waste storage and treatment tanks to
a point of disposal onsite, or to a point of shipment
for disposal off—site.
“Aquifer” means
a geologic formation, group of
formations or part of a formation capable of yielding a
significant amount of groundwater to wells or springs.
“Authorized representative” means the person
responsible for the overall operation of a facility or
an operational unit
(i.e., part of
a facility), e.g.,
the plant manager,
superintendent or person of
equivalent responsibility.
“Board” means the Illinois Pollution Control Board.
“Boiler” means an enclosed device using controlled
flame combustion and having the following
characteristics:
The unit must have physical provisions for
recovering and exporting thermal energy in the
form of steam, heated fluids or heated gases; and
the unit’s combustion chamber and primary energy
recovery section(s)
must be of integral design.
To be of integral design, the combustion chamber
and the primary energy recovery section(s)
(such
as waterwalls and superheaters) must be physically
formed into one manufactured or assembled unit.
A
unit in which the combustion chamber and the
primary energy recovery section(s)
are joined only
by ducts or connections carrying flue gas is not
integrally designed; however, secondary energy
recovery equipment
(such as economizers or air
preheaters)
need not be physically formed into the
same unit as the combustion chamber and the
primary energy recovery section.
The following
units are not precluded from being boilers solely
because they are not of integral design:
process
heaters
(units that transfer energy directly to a
process stream),
and fluidized bed combustion
units; and
While in operation~,the unit must maintain a
thermal energy recovery efficiency of at least 60
percent,
calculated in terms of the recovered
energy compared with the thermal value of the
fuel; and
I 33—364
5
The unit must export and utilize at least 75
percent of the recovered energy, calculated on an
annual basis.
In this calculation, no credit
shall be given for recovered heat used internally
in the same unit.
(Examples of internal use are
the preheating of fuel or combustion air, and the
driving of induced or forced draft fans or
feedwater pumps); or
The unit is one which the Board has determined,
on
a case—by—case basis, to be a boiler, after
considering the standards
in Section 720.132.
“Carbon regeneration unit” means any enclosed thermal
treatment device used to regenerate spent activated
carbon.
“Certification” means a statement of professional
opinion based upon knowledge and belief.
“Closed Portion” means that portion of
a facility which
an owner or operator has closed in accordance with the
approved facility closure plan and all applicable
closure requirements.
(See also “active portion” and
“inactive portion”.)
“Component” means either the tank or ancillary
equipment of a tank system.
“Confined aquifer” means an aquifer bounded above and
below by impermeable beds or by beds of distinctly
lower permeability than that of the aquifer itself; an
aquifer containing confined groundwater.
“Container” means any portable device in which a
material
is stored,
transported, treated, disposed of
or otherwise handled.
“Contingency plan” means a document setting out an
organized, planned and coordinated course of action to
be followed in case of
a fire,
explosion or release of
hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
“Corrosion expert” means a person who,
by reason of
knowledge of the physical sciences and the principles
of engineering and math~ematics,acquired by a
professional education and related practical
experience,
is qualified to engage
in the practice of
corrosion control on buried or submerged metal piping
systems and metal
tanks.
Such
a person must be
certified as being qualified by the National
133—365
6
Association of Corrosion Engineers (MACE)
or be a
registered professional •engineer who has certification
or licensing that includes education and experience in
corrosion control on buried or submerged metal piping
systems and metal tanks.
“Designated facility” means a hazardous waste
treatment, storage or disposal facility,
Which:
Has received a RCRA permit
(or interim
status) pursuant to 35
Ill. Adm. Code 702,
703 and 705;
Has received a RCRA permit from USEPA
pursuant to 40 CFR 124 and 270
(19891991);
Has received
a RCRA permit from a state
authorized by USEPA pursuant to 40 CFR 271
(19891991); or
Is regulated under 35 Ill. Adm. Code
721.106(c) (2) or 266.Subpart F; and
Which has been designated on the manifest by the
generator pursuant to 35 Ill. Adm. Code 722.120.
If a waste is destined to a facility in a state,
other than Illinois, which has been authorized by
USEPA pursuant to 40 CFR 271, but which has not
yet obtained authorization to regulate that waste
as hazardous, then the designated facility must be
a facility allowed by the receiving state to
accept such waste.
“Dike” means an embankment or ridge of either natural
or manmade materials used to prevent the movement of
liquids, sludges, solids or other materials.
“Director” means the Director of the Illinois
Environmental Protection Agency.
“Discharge” or “hazardous waste discharge” means the
accidental or intentional spilling, leaking, pumping,
pouring, emitting, emptying or dumping of hazardous
waste into or on any land or water.
“Disposal” means the discharge,
deposit,
injection,
dumping, spilling,
leaking or placing of any solid
waste or hazardous waste into or on any land or water
so that such solid waste or hazardous waste or any
1 33—366
7
constituent thereof may enter the environment or be
emitted into the air or discharged into any waters,
including groundwaters.
“Disposal facility” means a facility or part of a
facility at which hazardous waste
is intentionally
placed into or on any land or water and at which waste
will remain after closure.
“Drip pad” means an engineered structure consisting of
a curbed, free—draining base, constructed of non—
earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation
and surface water run—on to an associated collection
system at wood preserving plants.
“Elementary neutralization unit” means a device which:
Is used for neutralizing wastes which are
hazardous only because they exhibit the
corrosivity characteristic defined in 35 Ill. Adm.
Code 721.122 or are listed in 35
Ill. Adm. Code
721..Subpart D only for this reason; and
Meets the definition of tank, tank system,
container, transport vehicle or vessel in this
Section.
“EPA” or “USEPA
“
means United States Environmental
Protection Agency.
“EPA hazardous waste number” or
‘USEPA hazardous waste
number” means the number assigned by EPA to each
hazardous waste listed in 35 Ill. Adm. Code 72l.Subpart
D and to each characteristic identified in 35 Ill.
Adm.
Code 72l.Subpart C.
“EPA identification number” or “USEPA identification
number” means the number assigned by USEPA pursuant to
35 Ill.
Adm. Code 722 through 725 to each generator,
transporter and treatment,
storage or disposal
facility.
“EPA region” means the states and territories found in
any one of the following ten regions:
Region
I:
Maine, Vermont, New Hampshire,
Massachusetts, Conhecticut and Rhode Island
Region II:
New York, New Jersey, Commonwealth of
Puerto Rico and the U.S. Virgin Islands
133—367
8
Region III:
Pennsylvania, Delaware, Maryland,
West Virginia, Virginia and the District of
Columbia
Region IV:
Kentucky,
Tennessee, North Carolina,
Mississippi, Alabama, Georgia, South Carolina and
Florida
Region V:
Minnesota, Wisconsin,
Illinois,
Michigan, Indiana and Ohio
Region VI:
New Mexico, Oklahoma, Arkansas,
Louisiana and Texas
Region VII:
Nebraska, Kansas, Missouri and Iowa
Region VIII:
Montana, Wyoming,
North. Dakota,
South Dakota, Utah and Colorado
Region IX:
California, Nevada, Arizona,
Hawaii,
Guam,
American Samoa and Commonwealth of the
Northern Mariana Islands
Region
X:
Washington,
Oregon,
Idaho and Alaska
“Equivalent method” means any testing or analytical
method approved by the Board pursuant to Section
720.120.
“Existing hazardous waste management
(HWN)
facility” or
“existing facility” means a facility which was in
operation or for which construction commenced on or
before November 19,
1980.
A facility had commenced
construction
if the owner or operator had obtained the
federal, state and local approvals or permits necessary
to begin physical construction and either:
A continuous on—site, physical construction
program had begun or
The owner or operator had entered into contractual
obligations
--
which could not be cancelled or
modified without substantial loss
--
for physical
construction of the facility to be completed
within a reasonable time.
“Existing portion” means that land surface area of an
existing waste management unit,
included in the
original Part A permit application,
on which wastes
have been placed prior to the issuance of a permit.
“Existing tank system” or “existing component” means a
133—368
9
tank system or component that
is used for the storage
or treatment of hazardous waste and that is in
operation, or for which installation has commenced on
or prior to July 14,
1986.
Installation will be
considered to have commenced if the owner or operator
has obtained all federal, State and local approvals or
permits necessary to begin physical construction of the
site or installation of the tank system and if either
A continuous on-site physical construction or
installation program has begun; or
The owner or operator has entered into contractual
obligations
——
which cannot be canceled or
modified without substantial loss
—-
for physical
construction of the site or installation of the
tank system to be completed within a reasonable
time.
“Facility” means all contiguous land and structures,
other appurtenances and improvements on the land used
for treating,
storing or disposing of hazardous waste.
A facility may consist of several treatment,
storage or
disposal operational units
(e.g., one or more
landfills,
surface impoundments or combinations of
them).
“Final closure” means the closure of all hazardous
waste management units at the facility in accordance
with all applicable closure requirements so that
hazardous waste management activities under 35
Ill.
Adm. Code 724 and 725 are no longer conducted at the
facility unless subject to the provisions of 35 Ill.
Adm. Code 722.134.
“Federal agency” means any department,
agency or other
instrumentality of the federal government,
any
independent agency or establishment of the federal
government including any government corporation and the
Government Printing Office.
“Federal, state and local approvals or permits
necessary to begin physical construction” means permits
and approvals required under federal, state or local
hazardous waste control statutes, regulations or
ordinances.
“Food-chain crops” means tobacco,
crops grown for human
consumption and crops grown for feed for animals whose
products are consumed by humans.
“Freeboard” means the vertical distance between the top
~33—369
10
of a tank or surface impoundment dike and the surface
of the waste contained therein.
“Free
liquids” means liquids which readily separate
from the solid portion of a waste under ambient
temperature and pressure.
“Generator” means any person, by site, whose act or
process produce hazardous waste identified or listed in
35
Ill. Adm. Code 721 or whose act first causes a
hazardous waste to become subject to regulation.
“Groundwater” means water below the land surface in a
zone of saturation.
“Hazardous waste” means a hazardous waste as defined in
35 Ill.
Adm. Code 721.103.
“Hazardous waste constituent” means a constituent which
caused the hazardous waste to be listed in 35 Ill.
Adm.
Code 721.Subpart D,
or a constituent listed in of 35
Ill.
Adm. Code 721.124.
“Hazardous waste management unit”
is a contiguous area
of land on or in which hazardous waste is placed,
or
the largest area in which there
is significant
likelihood of mixing hazardous waste constituents in
the same area.
Examples of hazardous waste management
units include a surface impoundment,
a waste pile,
a
land treatment area,
a landfill cell,
an incinerator, a
tank and its associated piping and underlying
containment system and a container storage area.
A
container alone does not constitute a unit; the unit
includes containers and the land or pad upon which they
are placed.
“Inactive portion” means that portion of a facility
which is not operated after November 19~, 1980.
(See
also “active portion” and “closed portion”.)
“Incinerator” means any enclosed device that:
Uses controlled flame combustion and neither:
Meets the criteria for classification as a
boiler,
sludge dryer or carbon regeneration
unit,
nor
Is listed as an industrial furnace;
or
Meets the definition of infrared incinerator or
plasma arc incinerator.
I
33—37()
11
“Incompatible waste” means a hazardous waste which
is
suitable for:
Placement in a particular device or facility
because it may cause corrosion or decay of
containment materials
(e.g., container inner
liners or tank walls); or
Commingling with another waste or material under
uncontrolled conditions because the commingling
might produce heat or pressure, fire or explosion,
violent reaction, toxic dusts, mists,
fumes or
gases or flammable fumes or gases.
(See 35 Ill. Adm. Code 725.Appendix E for
examples.)
“Industrial furnace” means any of the following
enclosed devices that are integral components of
manufacturing processes and that use thermal treatment
to accomplish recovery of materials or energy:
Cement kilns
Lime kilns
Aggregate kilns
Phosphate kilns
Coke ovens
Blast furnaces
Smelting, melting and refining furnaces
(including
pyrometallurgical devices such as cupolas,
reverberator furnaces, sintering machines,
roasters and foundry furnaces)
Titanium dioxide chloride process oxidation
reactors
Methane reforming furnaces
Pulping liquor recovery furnaces
Combustion devices used in the recovery of sulfur
values
from spent ‘sulfuric acid
Halogen acid furnaces
(HAF5)
for the production of
acid from halogenated hazardous waste generated by
chemical production facilities where the furnace
133—371
12
is located on the site of a chemical production
facility,
the acid product has
a halogen acid
content of at least
3,
the acid product is used
in a manufacturing process and,
except for
hazardous waste burned as fuel, hazardous waste
fed to the furnace has a minimum halogen content
of 20,
as generated.
Any other such device as the Agency determines to
be an “Industrial Furnace” on the basis of one or
more of the following factors:
The design and use of the device primarily to
accomplish recovery of material products;
The use of the device to burn or reduce raw
materials to make a material product;
The use of the device to burn or reduce
secondary materials as effective substitutes
for raw materials,
in processes using raw
materials as principal feedstocks;
The use of the device to burn or reduce
secondary materials as ingredients in an
industrial process to make a material
product;
The use of the device in common industrial
practice to produce a material product; and
Other relevant factors.
“Individual generation site” means the contiguous site
at or on which one or more hazardous wastes are
generated.
An individual generation site, such as a
large manufacturing plant, may have one or more sources
of hazardous waste but is considered a single or
individual generation site if the site or property is
contiguous.
“Infrared incinerator” means any enclosed device which
uses electric powered resistance heaters as a source of
radiant heat and which
is not listed as an industrial
furnace.
“Inground tank” means a device meeting the definition
of “tank” whereby a por’tion of the tank wall is
situated to any degree within the ground, thereby
preventing visual inspection of that external surface
area of the tank that
is
in the ground.
133—372
13
“In operation” refers to a facility which is treating,
storing or disposing of hazardous waste.
“Injection well” means a well into which fluids are
being injected.
(See also “underground injection”.)
“Inner liner” means a continuous layer of material
placed inside
a tank or container which protects the
construction materials of the tank or container from
the contained waste or reagents used to treat the
waste.
“Installation inspector” means a person who, by reason
of knowledge of the physical sciences and the
principles of engineering, acquired by a professional
education and related practical experience,
is
qualified to supervise the installation of tank
systems.
“International shipment” means the transportation of
hazardous waste into or out of the jurisdiction of the
United States.
“Land treatment facility” means a facility or part of a
facility at which hazardous waste is applied onto or
incorporated into the soil surface; such facilities are
disposal facilities if the waste will remain after
closure.
“Landfill” means a disposal facility or part of a
facility where hazardous waste
is placed in or on land
and which is not a pile,
a land treatment facility,
a
surface impoundment,
an underground injection well,
a
salt dome formation,
an underground mine or a cave.
“Landfill cell” means a discrete volume of a hazardous
waste landfill which uses a liner to provide isolation
of wastes from adjacent cells or wastes.
Examples of
landfill cells are trenches and pits.
“Leachate” means any liquid,
including any suspended
components
in the liquid, that has percolated through
or drained from hazardous waste.
“Liner” means a continuous layer of natural or manmade
materials beneath or on the sides of a surface
impoundment, landfill or landfill cell,
which restricts
the downward or lateral’ escape of hazardous waste,
hazardous waste constituents or leachate.
“Leak—detection system” means a system capable of
detecting the failure of either the primary or
I
33—373
14
secondary containment structure or the presence of a
release of hazardous waste or accumulated liquid in the
secondary containment structure.
Such
a system must
employ operational controls
(e.g.,
daily visual
inspections for releases into the secondary containment
system of aboveground tanks)
or consist of an
interstitial monitoring device designed to detect
continuously and automatically the failure of the
primary or secondary containment structure or the
presence of a release of hazardous waste into the
secondary containment structure.
“Management” or “hazardous waste management” means the
systematic control of the collection, source
separation, storage, transportation, processing,
treatment, recovery and disposal of hazardous waste.
“Manifest” means the shipping document originated and
signed by the generator which contains the information
required by 35
Ill. Adm. Code 722.Subpart B.
“Manifest document number” means the USEPA twelve digit
identification number assigned to the generator plus a
unique five digit document number assigned to the
manifest by the generator for recording and reporting
purposes.
“Mining overburden returned to the mine site” means any
material overlying an economic mineral deposit which is
removed to gain access to that deposit and is then used
for reclamation of a surface mine.
“Miscellaneous unit” means a hazardous waste management
unit where hazardous waste is treated, stored or
disposed of and which is not a container,
tank, tank
system,
surface impoundment, pile,
land treatment unit,
landfill,
incinerator,
boiler, industrial furnace,
underground injection well with appropriate technical
standards under 35
Ill. Adm. Code 730, or a unit
eligible for a research, development and demonstration
permit under 35 Ill.
Adm. Code 703.231.
“Movement” means that hazardous waste transported to a
facility in an individual vehicle.
“New hazardous waste management facility” or “new
facility” means
a facility which began operation,
or
for which construction ‘commenced,
after November
19,
1980.
(See also “Existing hazardous waste management
facility”.)
“New tank system” or “new tank component” means a tank
133—374
15
system or component that will be used for the storage
or treatment of hazardous waste and for which
installation commenced after July 14,
1986; except,
however,
for purposes of
35 Ill. Adm. Code
724.293(g) (2)
and 725.293(g) (2),
a new tank system is
one for which construction commences after July 14,
1986.
(See also “existing tank system.”)
“Onground tank” means a device meeting the definition
of “tank” that is situated in such a way that the
bottom of the tank is on the same level as the adjacent
surrounding surfaces so that the external tank bottom
cannot be visually inspected.
“On—site” means the same or geographically contiguous
property which may be divided by public or private
right—of—way, provided the entrance and exit between
the properties is at a crossroads intersection and
access is by crossing as opposed to going along the
right—of—way.
Noncontiguous properties owned by the
same person but connected by a right—of—way which he
controls and to which the public does not have access
is also considered on—site property.
“Open burning” means the combustion of any material
without the following characteristics:
Control of combustion air to maintain adequate
temperature for efficient combustion;
Containment of the combustion reaction in an
enclosed device to provide sufficient residence
time and mixing for complete combustion; and
Control of emission of the gaseous combustion
products.
(See also “incineration” and “thermal treatment”.)
“Operator” means the person responsible for the overall
operation of a facility.
“Owner” means the person who owns a facility or part of
a facility.
“Partial closure” means the closure of a hazardous
waste management unit in accordance with the applicable
closure requirements of’ 35 Ill.
Adm. Code 724 or 725 at
a facility which contains other active hazardous waste
management units.
For example, partial closure may
include the closure of a tank (including
its associated
piping and underlying containment systems), landfill
13:3—375
16
cell,
surface impoundment, waste pile or other
hazardous waste management unit, while other units of
the same facility continue to operate.
“Person” means an individual, trust,
firm,
joint stock
company, federal agency, corporation (including
a
government corporation), partnership, association,
state, municipality, commission, political subdivision
of a state or any interstate body.
“Personnel” or “facility personnel” means all persons
who work at or oversee the operations of a hazardous
waste facility and whose actions or failure to act may
result in noncompliance with the requirements of 35
Ill. Adm. Code 724 or 725.
“Pile” means any noncontainerized accumulation of
solid, non—flowing hazardous waste that is used for
treatment or storage.
“Plasma arc incinerator” means any enclosed device
which uses a high intensity electrical discharge or arc
as a source of heat and which is not listed as an
industrial furnace.
“Point source” means any discernible, confined and
discrete conveyance including, but not limited to, any
pipe, ditch,
channel, tunnel, conduit, well,
discrete
fissure, container, rolling stock, concentrated animal
feeding operation or vessel or other floating craft
from which pollutants are or may be discharged.
This
term does not include return flows from irrigated
agriculture.
“Publicly owned treatment works” or “POTW”
is as
defined in 35 Ill. Adm. Code 310.110.
“Qualified groundwater scientist” means a scientist or
engineer who has received a baccalaureate or postgraduate
degree
in the natural sciences or engineering, and has
sufficient training and experience
in groundwater hydrology
and related fields,
as demonstrated by state registration,
professional certifications or completion of accredited
university courses that enable the individual to make sound
professional judgments regarding groundwater monitoring and
contaminant fate and transport.
BOARD NOTE:
“State registration” includes,
but is not
limited to.
registration as a professional engineer with the
Department of Professional Regulation, pursuant to Ill.
Rev.
Stat.
1991,
ch.
111,
par. 5201 and
68 Ill.
Adm.
Code
1380.
133—376
17
“Regional Admjnistrator” means the Regional
Administrator for the EPA Region
in which the facility
is located or the Regional Administrator’s designee.
“Representative sample” means a sample of a universe or
whole
(e.g., waste pile,
lagoon,
groundwater) which can
be expected to exhibit the average properties of the
universe or whole.
“Runoff” means any rainwater, leachate or other liquid
that drains over land from any part of a facility.
“Runon” means any rainwater,
leachate or other liquid
that drains over land onto any part of a facility.
“Saturated zone” or “zone of saturation” means that
part of the earth’s crust in which all voids are filled
with water.
“SIC Code” means Standard Industrial Code as defined in
Standard Industrial Classification Manual,
incorporated
by reference in Section 720.111.
“Sludge” means any solid,
semi—solid or liquid waste
generated from a municipal,
commercial or industrial
wastewater treatment plant, water supply treatment
plant or air pollution control facility exclusive of
the treated effluent from a wastewater treatment plant.
“Sludge dryer” means any enclosed thermal treatment
device which is used to dehydrate sludge and which has
a total thermal input, excluding the heating value of
the sludge itself,
of 2500 Btu/lb or less of sludge
treated on a wet weight basis.
“Small Quantity Generator” means a generator which
generates less than 1000 kg of hazardous waste in a
calendar month.
“Solid waste” means a solid waste as defined in 35
Ill.
Adm. Code 721.102.
“Sump” means any pit or reservoir that meets the
definition of tank and those troughs or trenches
connected to it that serve to collect hazardous waste
for transport to hazardous waste storage, treatment or
disposal facilities.
“State” means any of the several states, the District
of Columbia, the Commonwealth of Puerto Rico,
the
Virgin Islands,
Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands.
1:33—377
18
“Storage” means the holding of hazardous waste for a
temporary period, at the end of which the hazardous
waste
is treated, disposed of or stored elsewhere.
“Surface impoundment” or “impoundment” means a facility
or part of a facility which is a natural topographic
depression, manmade excavation or diked area formed
primarily of earthen materials
(although it may be
lined with. manmade materials) which is designed to hold
an accumulation of liquid wastes or wastes containing
free liquids and which is not an injection well.
Examples of surface impoundments are holding,
storage,
settling and aeration pits, ponds and lagoons.
“Tank” means a stationary device, designed to contain
an accumulation of hazardous waste which is constructed
primarily of nonearthen materials
(e.g., wood,
concrete, steel,
plastic) which provide structural
support.
“Tank system” means a hazardous waste storage or
treatment tank and its associated ancillary equipment
and containment system.
“Thermal treatment” means the treatment of hazardous
waste in a device which uses elevated temperatures as
the primary means to change the chemical, physical or
biological character or composition of the hazardous
waste.
Examples of thermal treatment processes are
incineration, molten salt,
pyrolysis,
calcination, wet
air oxidation and microwave discharge.
(See also
“incinerator” and “open burning”.)
“Totally enclosed treatment facility” means a facility
for the treatment of hazardous waste which is directly
connected to an industrial production process and which
is constructed and operated in a manner which prevents
the release of any hazardous waste or any constituent
thereof into the environment during treatment.
An
example is a pipe in which waste acid is neutralized.
“Transfer facility” means any transportation related
facility including loading docks, parking areas,
storage areas and other similar areas where shipments
of hazardous waste are held during the normal course of
transportation.
“Transport vehicle” meahs a motor vehicle or rail car
used for the transportation of cargo by any mode.
Each
cargo—carrying body (trailer, railroad freight car,
etc.)
is a separate transport vehicle.
I
33—378
19
“Transportation” means the movement of hazardous waste
by air,
rail,
highway or water.
“Transporter” means a person engaged in the off—site
transportation of hazardous waste by air,
rail, highway
or water.
“Treatability study” means:
A study in which a hazardous waste is subjected to
a treatment process to determine:
Whether the waste is amenable to the
treatment process.
What pretreatment
(if any)
is required.
The optimal process conditions needed to
achieve the desired treatment.
The efficiency of a treatment process for a
specific waste or wastes.
Or,
The characteristics and volumes of residuals
from a particular treatment process.
Also included in this definition for the purpose
of 35 Ill.
Adm. Code 721.104(e)
and
(f)
exemptions
are liner compatibility, corrosion and other
material compatibility studies and toxicological
and health effects studies.
A “treatability
study”
is not a means to commercially treat or
dispose of hazardous waste.
“Treatment” means any method, technique or process,
including neutralization, designed to change the
physical, chemical or biological character or
composition of any hazardous waste so as to neutralize
such waste, or so as to recover energy or material
resources from the waste or so as to render such waste
non—hazardous or less hazardous;
safer to transport,
store or dispose of; or amenable for recovery,
imenable
for storage or reduced in volume.
“Treatment zone” means a soil area of the unsaturated
zone of a land treatment unit within which hazardous
constituents are degraded, transformed or immobilized.
“Underground injection” means the subsurface
emplacement of fluids through a bored, drilled or
driven well;
or through a dug well, where the depth of
the dug well is greater than the largest surface
i :3
~
—s~
9
20
dimension.
(See also “injection well”.)
“Underground tank” means a device meeting the
definition of “tank” whose entire surface area is
totally below the surface of and covered by the ground.
“Unfit-for—use tank system” means a tank system that
has been determined through an integrity assessment or
other inspection to be no longer capable of storing or
treating hazardous waste without posing a threat of
release of hazardous waste to the environment.
“Uppermost aquifer” means the geologic formation
nearest the natural ground surface that is an aquifer,
as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facility’s
property boundary.
“United States” means the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico,
the U.S.
Virgin Islands,
Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands.
“Unsaturated zone” or “zone of aeration” means the zone
between the land surface and the water table.
“USEPA” means United States Environmental Protection
Agency.
“Vessel” includes every description of watercraft, used
or capable of being used as a means of transportation
on the water.
“Wastewater treatment unit” means a device which:
Is part of a wastewater treatment facility which
has an NPDES permit pursuant to 35 Ill. Adm. Code
309 or a pretreatment permit or authorization to
discharge pursuant to 35 111. Adm. Code 310; and
Receives and treats or stores an influent
wastewater which is a hazardous waste as defined
in 35
Il..
Adm. Code 721.103, or generates and
accumulates
a wastewater treatment sludge which is
a hazardous waste as defined in 35
Ill. Adm. Code
721.103,
or treats or stores a wastewater
treatment sludge w~iichis a hazardous waste as
defined in 35
Ill. Adm.
Code 721.103; and
Meets the definition of tank .or tank system in
this Section.
I
33—380
21
“Water
(bulk shipment)” means the bulk transportation
of hazardous waste which
is loaded or carried on board
a vessel without containers or labels.
“Well” means any shaft or pit dug or bored into the
earth,
generally of a cylindrical form,
and often
walled with bricks or tubing to prevent the earth from
caving in.
“Well injection”
(See “underground injection”).
“Zone of engineering control” means an area under the
control of the owner or operator that, upon detection
of a hazardous waste release, can be readily cleaned up
prior to the release of hazardous waste or hazardous
constituents to groundwater or surface water.
(Source:
Amended at 16
Ill. Beg.
,
effective
Section 720.111
References
a)
The following publications are incorporated by
reference:
ANSI.
Available from the American National
Standards Institute,
1430 Broadway, New York, New
York
10018,
(212)
354—3300:
ANSI 1331.3 and B3l.4.
See ASME/ANSI B31.3
and B31.4
ACI.
Available from the American Concrete
Institute, Box 19150, Redford Station, Detroit,
Michigan
48219:
ACI 318-83:
“Building Code Requirements for
Reinforced Concrete”, adopted September,
1983.
API.
Available from the American Petroleum
Institute,
1220 L Street,
N.W., Washington,
D.C.
20005,
(202)
682—8000:
“Guide for Inspection of Refinery Equipment,
Chapter XIII, Atmospheric and Low Pressure
Storage Tanks,” 4th Edition,
1981, reaffirmed
December,
l98~7.
“Cathodic Protection of Underground Petroleum
Storage Tanks and Piping Systems,” API
Recommended Practice 1632,
Second Edition,
133—381
22
December,
1987.
“Installation of Underground Petroleum
Storage Systems,” API Recommended Practice
1615,
Fourth Edition, November,
1987.
APTI.
Available from the Air and Waste Management
Association,
Box 2861, Pittsburgh,
PA
15230,
(412)
232—3444:
APTI Course 415:
Control of Gaseous
Emissions,
EPA Publication EPA—450/2—81—005,
December,
1981.
ASME.
Available from the American Society of
Mechanical Engineers,
345 East 47th Street, New
York,
NY
10017,
(212)
705—7722:
“Chemical Plant and Petroleum Refinery
Piping”, ASME/ANSI B31.3—1987,
as
supplemented by B3l.3a—1988 and B31.3b—l988.
Also available from ANSI.
“Liquid Transportation Systems for
Hydrocarbons, Liquid Petroleum Gas, Anhydrous
Ammonia, and Alcohols”, ASME/ANSI 1331.4—1986,
as supplemented by B3l.4a-1987.
Also
available from ANSI.
ASTM.
Available from American Society for Testing
and Materials,
1916 Race Street, Philadelphia, PA
19103,
(215)
299—5400:
ASTM C94—90, Standard Specification for
Ready-Mixed Concrete, approved March 30,
1990.
ASTM D88-87,
Standard Test Method for Saybolt
Viscosity, April
24, 1981,
reapproved
January,
1987.
ASTM D93—85, Standard Test Methods for Flash
Point by Pensky-Martens Closed Testerapproved
October 25,
1985.
ASTM Dl946-90, Standard Practice for Analysis
of Reformed Gas by Gas Chromatography,
Approved March
30,
1990.
ASTM D216l-87, Standard Practice for
Conversion of Kinematic Viscosity to Saybolt
Universal or to Saybolt Furol Viscosity,
I :33—382
23
March 27,
1987.
ASTM D2267-88, Standard Test Method for
Aromatics in Light Naphthas and Aviation
Gasolines by Gas Chromatography,
approved
November 17,
1988.
ASTM D2382-88, Standard Test Method for Heat
of Combustion of Hydrocarbon Fuels by Bomb
Calorimeter (High Precision Method), approved
October 31,
1988.
ASTM D2879-86, Standard Test Method for Vapor
Pressure—Temperature Relationship and Initial
Decomposition Temperature of Liquids by
Isoteniscope, approved October
31,
1986.
ASTM D3828-87, Standard Test Methods for
Flash Point of Liquids by Setaflash Closed
Tester, approved December 14,
1988.
ASTM E168—88, Standard Practices for General
Techniques of Infrared Quantitative Analysis,
approved Nay 27,
1988.
ASTN E169-87,
Standard Practices for General
Techniques of Ultraviolet—Visible
Quantitative Analysis, approved February 1,
1987.
ASTM E260-85, Standard Practice for Packed
Column Gas Chromatography,
approved June 28,
1985.
GPO.
Available from the Superintendent of
Documents,.
U.S. Government Printing Office,
Washington,
D.C.
20401,
(202)
783—3238:
Standard Industrial Classification Manual
(1972), and 1977 Supplement,
republished
in
1983
NACE.
Available from the National Association of
Corrosion Engineers,
1400 South Creek Dr.,
Houston, TX
77084,
(713)
492—0535:
“Control of External Corrosion on Metallic
Buried, Partially Buried,
or Submerged Liquid
Storage Systems”, NACE Recommended Practice
RP0285—85, approved March,
1985.
NFPA.
Available from the National Fire Protection
I 33—383
24
Association, Batterymarch Park,
Boston, MA
02269,
(617)
770—3000 or
(800)
344—3555:
“Flammable and Combustible Liquids Code” NFPA
30,
issued July 17,
1987.
Also available
from ANSI.
NTIS.
Available from the National Technical
Information Service, 5285 Port Royal Road,
Springfield, VA
22161,
(703)
487—4600:
“Generic Quality Assurance Project Plan for
Land Disposal Restrictions Program”, EPA/530—
SW—87—0l1,
March 15,
1987.
(Document number
PB 88—170766.)
“Guidance on Air Quality Models”, Revised
1986.
(Document number PB86-245—248
(Guideline)
and PB88-150-958
(Supplement)).
“Methods for Chemical Analysis of Water and
Wastes”, Third Edition, March,
1983.
(Document number PB 84-128677)
“Methods Manual for Compliance with BIF
Regulations”, December,
1990.
(Document
number P1391-120-006)
“Petitions to Delist Hazardous Wastes
—-
A
Guidance Manual”,
EPA/530—SW—85—003, April,
1985.
(Document Number PB 85-194488
“Procedures Manual for Ground Water
Monitoring at Solid Waste Disposal
Facilities”, EPA—530/SW—6l1,
1977.
(Document
number PB 84-174820)
“Screening Procedures for Estimating the Air
Quality Impact of Stationary Sources”,
August,
1988
(Document number P1389-159396).
“Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication
number SW-846
(Second Edition,
1982 as
amended by Update
I
(April,
1984)
and Update
II
(April,
1985))
(Document number PB 87-
120291)
“Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication
number SW-846
(Third Edition, September 1986
(Document number PB88—239223)
as amended by
1 33—384
25
Revision I
(December
1987)
and First Update,
January,
1988)
(Document Number P1389-
148076))
STI.
Available from the Steel Tank Institute,
728
Anthony Trail, Northbrook,
IL
60062,
(312)
498—
1980:
“Standard for Dual Wall Underground Steel
Storage Tanks”
(1986).
USEPA.
Available from United States Environmental
Protection Agency,
Office of Drinking Water, State
Programs Division, WH 550 E, Washington,
D.C.
20460:
“Technical Assistance Document:
Corrosion,
Its Detection and Control
in Injection
Wells”,
EPA 570/9—87—002, August,
1987.
USEPA.
Available from USEPA, Number F-90-WPWF-
FFFFF, Boom M2427, 401 N Street SW, Washington,
D.C.
20460,
(202)
475—9327:
“Test Method 8290:
Procedures for the
Detection and Measurement of PCDD5 and
PCDFs”,
EPA/530—SW—91—019
(January,
1991)
b)
Code of Federal Regulations.
Available from the
Superintendent of Documents,
U.S. Government Printing
Office, Washington,
D.C.
20401,
(202)
783—3238:
10 CFR 20, Appendix B (1991)
40 CFR 51.100(u)
(1991)
40 CFR 60
(1991)
40 CFR 61, Subpart V (1991)
40 CFR 136
(1991)
40 CFR 142
(1991)
40 CFR 220 (1991)
40 CFR 260.20
(1991)
40 CFR 264
(1991)
133—385
26
40 CFR 302.4,
302.5 and 302.6
(1991)
40 CFR 761
(1991)
C)
Federal Statutes
Section 3004 of the Resource Conservation and Recovery
Act (42 U.S.C.
6901 et seq.),
as amended through
December 31,
1987.
d)
This Section incorporates no later editions or
amendments.
(Source:
Amended at 16
Ill. Beg.
,
effective
~
27
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 721
IDENTIFICATION
AND
LISTING OF HAZARDOUS WASTE
SUBPART A:
GENERAL PROVISIONS
Section
721. 101
721.102
721. 103
721. 104
721. 105
721. 106
721. 107
721. 108
Purpose and Scope
Definition of Solid Waste
Definition of Hazardous Waste
Exclusions
Special Requirements for Hazardous Waste Generated by
Small Quantity Generators
Requirements for Recyclable Materials
Residues of Hazardous Waste in Empty Containers
PCB Wastes Regulated under TSCA
SUBPART B:
CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Criteria
for Identifying the Characteristics of
Hazardous Waste
721.111
Criteria for Listing Hazardous Waste
SUBPART
C:
CHARACTERISTICS OF HAZARDOUS WASTE
Section
721. 120
721.121
721. 122
721. 123
721.124
Section
721. 130
721.131
721. 132
721.133
721. 135
General
Characteristic of Ignitability
Characteristic of Corrosivity
Characteristic of Reactivity
Toxicity Characteristic
SUBPART D:
LISTS OF HAZARDOUS WASTE
General
Hazardous Wastes From Nonspecific Sources
Hazardous Waste from Specific Sources
Discarded Commercial Chemical Products, Off—
Specification Species, Container Residues and Spill
Residues Thereof
Wood Preserving Wastes
72l.Appendix A Representative Sampling Methods
721.AppendiX B Method 1311 Toxicity Characteristic Leaching
Procedure
(TCLP)
72l.Appendix C Chemical Analysis Test Methods
Table A
Analytical Characteristics of Organic Chemicals
(Repealed)
Table B
Analytical Characteristics
of Inorganic Species
Section
721.110
133—387
28
(Repealed)
Sample Preparation/Sample Introduction Techniques
(Repealed)
G Basis for Listing Hazardous Wastes
H Hazardous Constituents
I Wastes Excluded under Section 720.120 and 720.122
Wastes Excluded from Non—Specific Sources
Wastes Excluded from Specific Sources
Wastes Excluded From Commercial Chemical Products,
Off—Specification Species, Container Residues,
and
Soil Residues Thereof
Wastes Excluded by Adjusted Standard
Method of Analysis for Chlorinated Dibenzo-p—
Dioxins and Dibenzofurans
72l.Appendix
Z Table to Section 721.102
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1991,
ch.
111½,
pars.
1022.4 and 1027).
SOURCE:
Adopted
in BBl—22,
43 PCB 427,
at
5 Ill.
Reg. 9781,
effective as noted
in 35
Ill. Adm. Code 700.106; amended and
codified in R81—2.2,
45 PCB 317,
at
6 Ill.
Beg.
4828,
effective as
noted in 35 III.
Adm.
Code 700.106; amended in R82—18,
51 PCB 31,
at
7 Ill.
Beg.
2518,
effective February 22,
1983; amended in P82—
19,
53 PCB 131,
at
7
Ill.
Beg.
13999, effective October 12,
1983;
amended in R84—34,
61 PCB 247,
at
8
Ill. Reg.
24562, effective
December 11,
1984;
amended in R84—9,
at
9 Ill.
Beg.
11834,
effective July 24,
1985; amended in B85—22 at
10 Ill. Reg.
998,
effective January 2,
1986; amended in B85—2
at 10
Ill. Beg.
8112,
effective May 2,
1986; amended in B86—1 at 10
111.
Req.
14002,
effective August 12,
1986; amended in R86—19 at 10
Ill. Beg.
20647, effective December
2,
1986; amended in R86—28 at 11
Ills
Beg.
6035, effective March 24, 1987;
amended in R86—46 at
11 Ill.
Reg.
13466, effective August
4,
1987; amended in P87—32 at
11
Ill. Beg.
16698, effective September 30,
1987; amended in B87—5
at 11
Ill. Beg.
19303, effective November 12,
1987; amended
in
B87—26 at 12 Ill. Beg.
2456, effective January
15.,
1988; amended
in B87—30 at 12 Ill. Beg.
12070, effective July 12,
1988; amended
in R87—39 at 12
Ill.
Beg.
13006, effective July 29,
1988; amended
in R88—16 at 13
Ill.
Beg.
382, effective December 27,
1988;
amended in R89-1 at 13
Ill.
Reg.
18300, effective November 13,
1989; amended in R90-2 at
14 Ill. Beg.
14401, effective August
22,
1990;
amended in P90—10 at
14
Ill.
Beg.
16472, effective
September 25,
1990; amended
in R90—17 at
15
Ill. Beg.
7950,
effective May 9,
1991; amended in B90-l1 at 15
Ill. Beg.
9332,
effective June 17,
1991; amended in R9l—1 at
15
Ill. Reg.
14473,
effective September 30,
1991;
amended in R9l-l2 at 16 Ill.
Beg.
2155,
effective January 27,
1992;
amended in R91—26 at 16 Ill.
Beg.
2600, effective February 3,
1992;
amended in R9l-l3 at 16
Ill.
Reg.
,
effective
;
amended in R92-l
at
16 Ill.
Beg.
,
effective
Table C
721.Appendix
721.Appendix
721.Appendix
Table A
Table B
Table C
Table D
721.Appendix J
1
33—388
29
SUBPART C:
CHARACTERISTICS OF HAZARDOUS WASTE
Section 721.122
Characteristic
of Corrosivity
a)
A solid waste exhibits the characteristic
of
corrosivity if a representative sample of the waste has
either of the following properties:
1)
It is aqueous and has a pH less than or equal to
2
or greater than or equal to 12.5,
as determined by
a pH meter using either an EPA test method or an
equivalent test method
(35 Ill.
Adm. Code
720.121).
The EPA test methods for pH 4~s—~
specified as Method 5.2 Methods 9040,
9041 or 9045
in “Test Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods”
,
incorporated
by reference in 35
Ill. Adm.
Code 720.111.
EPA
Test Method 9045 for noncalcareous soils requiring
blending with ASTM Type
II water to form an
aqueous solution prior to pH measurements shall be
applicable to the pH measurement of solid phase
wastes and the results shall
be reported as “solid
waste pH measured in water”.
2)
It is a liquid and corrodes steel
(SAE 1020)
at a
rate greater than 6.35 mm
(0.250 inch)
per year at
a test temperature of 55°C(130°F)as determined
by the test method specified in NACE
(National
Association of Corrosion Engineers)
Standard TM—
01-69
as standardized in “Test Methods for the
Evaluation of Solid Waste, Physical/Chemical
Methods”
,
incorporated by reference in 35 Ill.
Adin.
Code 720.111, or an equivalent test method
(35 Ill. Adm. Code 720.121).
b)
A solid waste that exhibits the characteristic of
corrosivity
has the EPA Hazardous Waste Number. of
D002.
(Source:
Amended at 16
Ill.
Beg.
,
effective
I 33—389
30
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 722
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART A:
GENERAL
Section
722. 110
722.111
722.112
Section
722.120
722
.
121
722.122
722.123
Section
722.130
722.131
722.132
722.133
722.134
Section
722.140
722. 141
722. 142
722.143
722.144
Section
722.160
Purpose, Scope and Applicability
Hazardous Waste Determination
USEPA Identification Numbers
SUBPART B:
THE MANIFEST
General Requirements
Acquisition of Manifests
Number of Copies
Use of the Manifest
SUBPART
C:
PRE-TRANSPORT REQUIREMENTS
Packaging
Labeling
Marking
Placarding
Accumulation Time
SUBPART D:
RECORDKEEPING AND REPORTING
Recordkeeping
Annual Reporting
Exception Reporting
Additional Reporting
Special Requirements for Generators of between 100 and
1000 kilograms per month
SUBPART E:
EXPORTS OF HAZARDOUS WASTE
SUBPART
F:
IMPORTS OF HAZARDOUS WASTE
Imports of Hazardous Waste
Section
722.150
722.151
722.152
722. 153
722.154
722.155
722.156
722. 157
Applicability
Definitions
General Requirements
Notification of Intent to Export
Special Manifest Requirements
Exception Report
Annual Reports
Recordkeeping
33—390
31
SUBPART G:
FARMERS
Section
722.170
Farmers
722.Appendix A Hazardous Waste Manifest
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1991,
ch.
111½, pars.
1022.4 and 1027).
SOURCE:
Adopted in P81-22,
43 PCB 427,
at
5 Ill.
Beg.
9781,
effective as noted
in 35
Ill. Adm. Code 700.106; amended and
codified in R81—22,
45 PCB 317, at
6
Ill. Beg.
4828, effective as
noted in 35
Ill. Adm. Code 700.106; amended in R82—l8,
51 PCB 31,
at 7
Ill. Peg.
2518,
effective February 22,
1983; amended in P84—
9 at
9 Ill. Reg.
11950, effective July 24,
1985; amended in R85—
22 at 10
Ill.
Beg.
1131,
effective January 2,
1986; amended
in
P86—i at 10
Ill. Beg.
14112, effective August 12,
1986; amended
in R86—19 at 10 Ill.
Beg.
20709,
effective December
2,
1986;
amended in R86—46 at 11 Ill. Peg.
13555, effective August
4,
1987; amended in P87-S at 11 Ill. Beg.
19392, effective November
12,
1987; amended in P87—39 at
12
Ill. Beg.
13129, effective July
29,
1988; amended in P88—16 at
13
Ill. Reg.
452, effective
December 27,
1988; amended in P89-i at 13
Ill.
Beg.
18523,
effective November 13,
1989;
amended in R90-10 at
14 Ill. Peg.
16653, effective September 25,
1990;
amended in P90—li at
15 Ill.
Peg. 9644,
effective June 17,
1991; amended in P91—1 at 15 Ill.
Req.
14562, effective October
1, 1991; amended in R91-l3 at 16
Ill. Beg.
,
effective
;
amended in R92—1 at
16 Ill. Peg.
,
effective
SUBPART
E:
EXPORTS OF HAZARDOUS WASTE
Section 722.153
Notification of Intent to Export
a)
The Board incorporates by reference 40 CFR 262.53
(1986),
Q3
amended at 51 Fed.
Beg.
28682(1991).
as
amended at 56
Fed. Beg.
43705, September
4,
1991.
This
Part incorporates no future editions or amendments.
b)
A primary exporter of hazardous waste shall notify
USEPA in accordance with 40 CFB 262.53.
c)
The primary exporter shall send the Agency a copy of
the notice sent to USEPA pursuant to subsection
(b).
(Source:
Amended at
16 Ill.
Beg.
,
effective
)
Section 722.156
Annual Reports
a)
The Board incorporates by reference
40 CFR 262.56
:33—391
32
(1986), a~amended at 51
Fed.
Beg.
28682(1991),
as
amended at 56 Fed.
Req.
43705.
September
4,
1991.
This
Part incorporates no future editions or amendments.
b)
Primary exporters of hazardous waste shall file with
USEPA, no later than March
1 of each year,
a report as
specified in 40 CFP 262.56.
c)
The primary exporter shall send the Agency a copy of
the report sent to USEPA.
(Source:
Amended at 16 Ill. Peg.
,
effective
)
133—392
33
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
724
STANDARDS
FOR
OWNERS
AND
OPERATORS
OF
HAZARDOUS
WASTE
TREATMENT,
STORAGE
AND
DISPOSAL FACILITIES
SUBPART
A:
GENERAL
PROVISIONS
Purpose,
Scope
and Applicability
Relationship to Interim
Status
Standards
SUBPART B:
GENERAL FACILITY STANDARDS
Applicability
Identification Number
Bequired Notices
General Waste Analysis
Security
General Inspection Requirements
Personnel Training
General Requirements for Ignitable, Reactive or
Incompatible Wastes
724.118
Location Standards
SUBPART C:
PREPAREDNESS
AND
PREVENTION
Applicability
Design and Operation of Facility
Required Equipment
Testing and Maintenance of Equipment
Access to Communications or Alarm System
Required Aisle Space
Arrangements with Local Authorities
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section
724.150
Applicability
724.151
Purpose and Implementation of Contingency Plan
724.152
Content of Contingency Plan
724.153
Copies of Contingency Plan
724.154
Amendment of Contingency Plan
724.155
Emergency Coordinator
724.156
Emergency Procedures
SUBPART
E:
MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
Section
Section
724
.
101
724.103
Sect ion
724. 110
724. 111
724. 112
724. 113
724.114
724
.
115
724.116
724
.
117
Section
724.130
724. 131
724.132
724.133
724.134
724.135
724.137
724.170
724.171
724. 172
Applicability
Use of Manifest System
Manifest Discrepancies
I 33— :393
34
724. 173
724.174
724.175
724.176
724.177
Operating Record
Availability, Retention and Disposition of Records
Annual Report
Unmanifested Waste Report
Additional Reports
SUBPART
F:
RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section
724.190
724. 191
724. 192
724.193
724.194
724. 195
724.196
724. 197
724
.
198
724.199
724.200
724.201
Applicability
Required Programs
Groundwater Protection Standard
Hazardous Constituents
Concentration
Limits
Point of Compliance
Compliance Period
General Groundwater Monitoring Requirements
Detection Monitoring Program
Compliance Monitoring Program
Corrective Action Program
Corrective Action for Solid Waste Management Units
SUBPART
G:
CLOSURE AND POST-CLOSURE
Applicability
Closure Performance Standard
Closure Plan; Amendment of Plan
Closure; Time Allowed For Closure
Disposal or Decontamination
of Equipment,
Structures
and Soils
Certification of Closure
Survey Plat
Post-closure Care and Use of Property
Post-closure Plan; Amendment of Plan
Post—closure Notices
Certification of Completion of Post—closure Care
SUBPART H:
FINANCIAL REQUIREMENTS
Section
724.240
724.241
724.242
724.243
724.244
724.245
724.246
Applicability
Definitions of Terms As Used In This Subpart
Cost Estimate for Closure
Financial Assurance for Closure
Cost Estimate for Post—closure Care
Financial Assurance for Post—closure Care
Use of a Mechanism for Financial Assurance of Both
Closure and Post—closure Care
724.247
Liability Requirements
724.248
Incapacity of Owners or~Operators, Guarantors or
Financial Institutions
724.251
Wording of the Instruments
Section
724.210
724.211
724.212
724.213
724.214
724.215
724.216
724.217
724.218
724.219
724.220
I
33—394
35
SUBPART
I:
USE
AND MANAGEMENT
OF
CONTAINERS
Applicability
Condition of Containers
Compatibility of Waste With Container
Management of Containers
Inspections
Containment
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure
SUBPART 3:
TANK SYSTEMS
Applicability
Assessment of Existing Tank System’s Integrity
Design and Installation of New Tank Systems or
Components
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to Leaks or Spills and Disposition of
or unfit—for—use Tank Systems
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020,
F021,
F022,
F023, F026 and F027
SUBPART K:
SURFACE IMPOUNDMENTS
Applicability
Design and Operating Requirements
Double—lined Surface Impoundments:
Exemption from
Subpart
F: Ground—water Protection Requirements
(Repealed)
Monitoring and Inspection
Emergency Repairs; Contingency Plans
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020,
F021,
F022,
F023, F026 and F027
SUBPART L:
WASTE PILES
Section
724.350
Applicability
724.351
Design and Operating Requirements
724.352
Double-lined Piles:
Exemption from Subpart F:
Ground-
water Protection Requirements
(Repealed)
724.353
Inspection of Liners:
Exemption from Subpart
F:
Ground—water Protection Requirements
(Repealed)
Section
724.270
724.271
724.272
724.273
724.274
724.275
724.276
724.277
724.278
Section
724.290
724.291
724.292
724.293
724.294
724.295
724.296
724.297
724.298
724.299
724.300
Section
724.320
724.321
724.322
724.326
724.327
724.328
724.329
724.330
724.331
Leaking
1:33—395
36
Monitoring and Inspection
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure and Post—closure Care
Special Requirements for Hazardous Wastes F020,
F021,
F022,
F023,
F026 and F027
SUBPART N:
LAND
TREATMENT
Applicability
Treatment Program
Treatment Demonstration
Design and Operating Requirements
Food—chain Crops
Unsaturated Zone Monitoring
Recordkeeping
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020,
F02i,
F022,
F023, F026 and F027
Section
724.400
724.401
724.402
SUBPART N:
LANDFILLS
Applicability
Design and Operating Requirements
Double-lined Landfills:
Exemption from Subpart
F:
Ground—water Protection Requirements
(Repealed)
Monitoring and Inspection
Surveying and Recordkeeping
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Bulk and Containerized Liquids
Special Requirements for Containers
Disposal of Small Containers of Hazardous Waste
in
Overpacked Drums
(Lab Packs)
724.417
Special Requirements for Hazardous Wastes F020,
F021,
F022,
F023, F026 and F027
SUBPART
0:
INCINERATORS
Applicability
Waste Analysis
Principal Organic Hazardous Constituents
(POHCs)
Performance Standards
Hazardous Waste Incinerator Permits
Operating Requirements
724.447
Monitoring and Inspections
724.451
Closure
724.354
724.356
724.357
724 .358
724.359
Section
724.370
724.371
724.372
724.373
724.376
724.378
724.379
724.380
724.381
724.382
724.383
724.403
724.409
724.410
724.412
724.413
724.414
724.415
724.416
Section
724.440
724.441
724.442
724.443
724.444
724.445
133—396
37
SUBPART W:
DRIP PADS
Section
724.670
724.671
724.672
724.673
724.674
724.675
Section
724.701
724.701
724.702
724.703
Applicability
Assessment
of
existing drip pad integrity
Design and installation of new drip pads•
Design and operating requirements
Inspections
Closure
SUBPART X:
MISCELLANEOUS UNITS
Applicability
Environmental Performance Standards
Monitoring, Analysis,
Inspection, Response, Reporting
and Corrective Action
Post—closure Care
SUBPART AA:
AIR EMISSION STANDARDS FOB PROCESS VENTS
Applicability
Definitions
Standards:
Process Vents
Standards:
Closed-vent Systems and Control Devices
Test methods and procedures
Recordkeeping requirements
Reporting Requirements
SUBPART BB:
AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Applicability
Definitions
Standards:
Standards:
Standards:
Service
Standards:
Sampling Connecting Systems
Standards:
Open-ended Valves or Lines
Standards:
Valves in Gas/Vapor or Light Liquid Service
Standards:
Pumps,
Valves, Pressure Relief Devices and
Other Connectors
Standards:
Delay of Repair
Standards:
Closed—vent Systems and Control Devices
Alternative Percentage Standard for Valves
Skip Period Alternative for Valves
Test Methods and Procedures
Recordkeeping Requirements
Reporting Requirements
Appendix
Appendix
Appendix
A
Recordkeeping Instructions
B
EPA Report Form and Instructions
(Repealed)
D
Cochran’s Approximation to the Behrens—Fisher
Student’s T-Test
Section
724. 930
724.931
724.932
724.
933
724.934
724.935
724.936
Section
724.950
724.951
724
.
952
724:953
724.954
724.955
724.956
724.957
724.958
724.959
724.960
724.961
724.962
724.963
724.964
724.965
Pumps in Light Liquid Service
Compressors
Pressure Relief Devices in Gas/Vapor
13
3—39 7
38
Appendix E
Examples of Potentially Incompatible Waste
Appendix
I
Groundwater Monitoring List
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill.
Rev. Stat.
1991,
ch.
111½,,
pars. 1022.4 and 1027).
SOURCE:
Adopted
in P82—19,
53 PCB 131,
at
7 Ill.
Beg.
14059,
effective October 12,
1983; amended in R84—9 at
9 Ill.
Peg.
11964, effective July 24,
1985; amended in P85—22 at
10
Ill. Beg.
1136,
effective January
2,
1986;
amended in P86—i at
10 Ill.
Beg.
14119, effective August 12, 1986; amended in R86—28 at
11 Ill.
Beg.
6138, effective March 24,
1987; amended in P86—28 at ii Ill.
Peg.
8684, effective April 21,
1987; amended in R86—46 at ii
Ill.
Beg.
13577, effective August
4,
1987; amended in P87-5 at 11
Ill.
Peg.
19397, effective November 12, 1987; amended in R87—39 at
12
Ill.
Reg.
13135, effective July 29,
1988; amended in P88—16 at 13
Ill.
Peg.
458, effective December 28,
1988;
amended in P89-1 at
13
Ill. Beg.
18527, effective November 13,
1989; amended in I~90—2
at 14
Ill. Beg.
14511, effective August 22,
1990; amended
in P90—
10 at 14 Ill. Reg.
16658, effective September 25,
1990; amended
in R90—11 at 15 Ill. Peg.
9654, effective June 17,
1991; amended
in P91—1 at 15 Ill.
Reg.
14572, effective October
1,
1991;
amended in P91—13 at 16 Ill. Peg.
,
effective
;
amended in P92-i at 16 Ill.
Reg.
,
effective
SUBPART
H:
FINANCIAL
REQUIREMENTS
Section 724.247
Liability Requirements
a)
Coverage for sudden accidental occurrences.
An owner
or operator of a hazardous waste treatment, storage or
disposal facility,
or a group of such facilities,
shall
demonstrate financial responsibility for bodily injury
and property damage to third parties caused by sudden
accidental occurrences arising from operations of the
facility or group of facilities.
The owner or operator
shall have and maintain liability coverage for sudden
accidental occurrences in the amount of at least
$1
million per occurrence with an annual aggregate of at
least
$2 million, exclusive of legal defense costs.
This liability coverage may be demonstrated as
specified in subsections
(a)(1),
-fa-)-(2),
fa-)-(3),
-(-a)-(4),
-(-a~)-(5)-~-
or fa)-(6):
1)
An owner or operator may demonstrate the required
liability coverage’ by having liability insurance
as specified in this subsection.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
133—398
39
Liability
Endorsement or evidenced by a
Certificate of Liability
Insurance.
The
wording of the endorsement must be as
specified in Section 724.251. The wording of
the certificate of insurance must be as
specified in Section 724.251.
The owner or
operator shall submit a signed duplicate
original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance policy.
An owner
or operator of a new facility shall submit
the signed duplicate original of the
Hazardous Waste Facility Liability
Endorsement or the Certificate of Liability
Insurance to the Agency at least .60 days
before the date on which hazardous waste is
first received for treatment,
storage or
disposal.
The insurance must be effective
before this initial receipt of hazardous
waste.
B)
Each insurance policy must be issued by an
insurer which is licensed by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
the guarantee for liability coverage as specified
in subsections
(f)
and
(g).
3)
An owner or operator may meet the requirements of
this Section by obtaining a letter of credit for
liability coverage as specified in subsection
(h).
4)
An owner or operator may meet the requirements of
this Section by obtaining a surety bond for
liability coverage as specified in subsection
(i).
5)
An owner or operator may meet the requirements of
this Section by obtaining a trust fund for
liability coverage as specified in subsection
(j).
6)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance financial test,
guarantee,
letter of
credit,
surety bon~dand trust fund, except that
the owner or operator may not combine
a financial
test covering part of the liability coverage
requirement wth a guarantee unless the financial
statement of the owner or operator is not
133—199
40
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must total at least the minimum amounts required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection, the owner or operator shall
specify at least one such assurance as “primary”
coverage,
and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever a claim for bodily injury or
property damage caused by the operation of a
hazardous waste treatment,
storage or
disposal facility
is made against the owner
or operator or an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever the amount of financial assurance
for liability coverage under this Section
provided by a financial instrument authorized
by subsections
(a) (1) through
(a) (6)
is
reduced.
b)
Coverage for nonsudden accidental occurrences.
An
owner or operator of a surface impoundment, landfill,
land treatment facility or disposal miscellaneous
di3po~alunit which is used to manage hazardous waste,
or a group of such facilities,
shall demonstrate
financial responsibility for bodily injury and property
damage to third parties caused by nonsudden accidental
occurrences arising from operations of the facility or
group of facilities.
The owner or operator shall have
and maintain liability coverage for nonsudden
accidental occurrences in the amount of at least $3
million per occurrence with an annual aggregate of at
least $6 million, exclusive of legal defense costs.
An
owner or operator meeting the requirements of this
Section may combine the required per—occurrence
coverage levels for sudden and nonsudden accidental
occurrences into a single per—occurrence level, and
combine the required annual aggregate coverage levels
for sudden and nonsudden accidental occurrences into a
single annual aggregate’ level.
Owners or operators who
combine coverage levels for sudden and nonsudden
accidental occurrences shall maintain liability
coverage in the amount of at least $4 million per
occurrence and $8 million annual aggregate.
This
1:33—400
41
liability coverage may be demonstrated as specified in
subsections
(b)(l),
-~-b-)-(2), ~b)-(3),-(-b)~-(4), -(-b~)-(5) or
1)
An owner or operator may demonstrate the required
liability coverage by having liability insurance
as specified in this paragraph.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
Liability Endorsement or evidenced by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in Section 724.251.
The wording of
the certificate of insurance must be as
specified in Section 724.251.
The owner or
operator shall submit a signed duplicate
original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance policy.
An owner
or operator of a new facility shall submit
the signed duplicate original of the
Hazardous Waste Facility Liability
Endorsement or the Certificate of Liability
Insurance to the Agency at least 60 days
before the date on which hazardous waste is
first received
for treatment,
storage or
disposal.
The insurance must be effective
before this initial receipt of hazardous
waste.
B)
Each insurance policy must be issued by an
insurer which is licensed by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing
a financial test or using
the guarantee for liability coverage as specified
in subsections
(f) and
(g).
3)
An owner or operator may meet the requirements of
this Section by obtaining a letter of credit for
liability coverage as specified in subsection
(h).
4)
An owner or operator may meet the requirements of
this Section by ob~taininga surety bond for
liability coverage as specified in subsection
(1).
5)
An owner
or operator may meet the requirements of
this Section by obtaining a trust fund for
1:33—40
1
42
liability coverage as specified in subsection
(j).
3)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance, financial test, guarantee,
letter of
credit, surety bond and trust fund,
except that
the owner or operator may not combine a financial
test covering part of the liability coverage
requirement with a guarantee unless the financial
statement of the owner or operator is not
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must total at least the minimum amounts required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection, the owner or operator shall
specify at least one such assurance as “primary”
coverage, and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever a claim for bodily injury or
property damage caused by the operator of a
hazardous waste treatment,
storage or
disposal facility is made against the owner
or operator or an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever the amount of financial assurance
for liability coverage under this Section
provided by a financial instrument authorized
by subsections
(a) (1) through
(a) (6)
is
reduced.
c)
Request for adjusted level of required liability
coverage.
If an owner or operator demonstrates to the
Agency that the levels of financial responsibility
required by subsections
(a) or
(b)
are not consistent
with the degree and duration of risk associated with
treatment,
storage or disposal at the facility or group
of facilities,
the owner or operator may obtain an
adjusted level of required liability coverage from the
Agency.
The request for an adjusted level of required
liability coverage musb be submitted to the Agency as
part of the application under
35
Ill.
Adm. Code 703.182
for a facility that does not have a permit,
or pursuant
to the procedures for permit modification under 35
Ill.
Adm..
Code 705.128 for a facility that has a permit.
If
I
33—402
43
granted,
the modification will take the form of an
adjusted level of required liability coverage, such
level to be based on the Agency assessment of the
degree and duration of risk associated with the
ownership or operation of the facility or group of
facilities.
The Agency may require an owner or
operator who requests an adjusted level of required
liability coverage to provide such technical and
engineering information as
is necessary to determine a
level of financial responsibility other than that
required by subsection
(a)
or
(b).
Any request for an
adjusted level of required liability coverage for a
permitted facility will be treated as
a request for a
permit modification under
35 Ill. Adm. Code
702.184(e) (3) and 705.128.
d)
Adjustments by the Agency.
If the Agency determines
that the levels of financial responsibility required by
subsection
(a)
or
(b)
are not consistent with the
degree and duration of risk associated with treatment,
storage or disposal at the facility or group of
facilities, the Agency must adjust the level of
financial responsibility required under subsection
(a)
or
(b)
as may be necessary to protect human health and
the environment.
This adjusted level shall be based on
the Agency’s assessment of the degree and duration of
risk associated with the ownership or operation of the
facility or group of facilities.
In addition,
if the
Agency determines that there is a significant risk to
human health and the environment from nonsudden
accidental occurrences resulting from the operations of
a facility that is not a surface impoundment, landfill
or land treatment facility, the Agency may require that
an owner or operator of the facility comply with
subsection
(b).
An owner or operator shall furnish to
the Agency, within a time specified by the Agency in
the request, which must be not be less than 30 days,
any information which the Agency requests to determine
whether cause exists for such adjustments of level or
type of coverage.
Any adjustment of the level or type
of coverage for a facility that has a permit will be
treated as a permit modification under 35 Ill. Adm.
Code 702.184(e) (3) and 705.128.
e)
Period of coverage.
Within 60 days after receiving
certifications from the owner or operator and an
independent registered professional engineer that final
closure has been completed in accordance with the
approved closure plan, the Agency shall notify the
owner or operator in writing that the owner or operator
is no longer required by this Section to maintain
liability coverage for that facility, unless the Agency
3133—403
44
determines that closure has not been in accordance with
the approved closure plan.
f)
Financial test for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by demonstrating that it passes a
financial test as specified in this paragraph.
To
pass this test the owner or operator shall meet
the criteria of subsection
(f) (1) (A) or
(f) (1) (B):
A)
The owner or operator shall have:
i)
Net working capital and tangible net
worth each at least six times the amount
of liability coverage to be demonstrated
by this test;
and
ii)
Tangible net worth of at least $10
million;
and
iii)
Assets in the United States amounting to
either:
at least 90 percent of the
total assets; or at least six times the
amount of liability coverage to be
demonstrated by this test.
B)
The owner or operator shall 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 of at least $10
million; and
iii)
Tangible net worth at least six times
the amount of liability coverage to be
demonstrated by this test; and
iv)
Assets in the United States amounting to
either:
at least 90 percent of the
total assets; or at least six times the
amount of liability coverage to be
demonstrated by this test.
2)
The phrase “amount’of liability coverage” as used
in subsection
(f) (1)
refers to the annual
aggregate amounts for which coverage
is required
under subsections
(a) and
(b).
I
33—404
45
3)
To demonstrate that it meets this test,
the owner
or operator shall submit the following three items
to the Agency:
A)
A letter signed by the owner’s or operator’s
chief financial officer and worded as
specified in Section 724.251.
If an owner or
operator is using the financial test to
demonstrate both assurance for closure or
post-closure care, as specified by Sections
724.243(f),
724.245(f), 725.243(e)
and
725.245(e), and liability coverage,
it shall
submit the letter specified in Section
724.251 to cover both forms of financial
responsibility;
a separate letter as
specified in Section 724.251 is not required.
B)
A copy of the independent certified public
accountant’s report on examination of the
owner’s or operator’s financial statements
for the latest completed fiscal year.
C)
A special report from the owner’s or
operator’s independent certified public
accountant to the owner or operator stating
that:
1)
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.
4)
An owner or operator of a new facility shall
submit the items specified in subsection
(f) (3) to
the Agency at least 60 days before the date on
which hazardous waste is first received for
treatment,
storage or disposal.
5)
After the initial submission of items specified in
subsection
(f) (3),
the owner of operator shall
send updated information to the Agency within 90
days after the close of each succeeding fiscal
133—405
46
year. This information must consist of all three
items specified in subsection
(f) (3).
6)
If the owner or operator no longer meets the
requirements of subsection
(f) (1), the owner or
operator shall obtain insurance for the entire
amount of required liability coverage as specified
in this Section. Evidence of insurance must be
submitted to the Agency within 90 days after the
end of the fiscal year for which the year-end
financial data show that the owner or operator no
longer meets the test requirements.
7)
The Agency may disallow use of this test on the
basis of qualifications in the opinion expressed
by the independent certified public accountant in
the accountant’s report on examination of the
owner’s or operator’s financial statements
(see
subsection (f)(3)(B)).
An adverse opinion or a
disclaimer of opinion will be cause for
disallowance.
The Agency shall evaluate other
qualifications on an individual basis.
The owner
or operator shall provide evidence of insurance
for the entire amount of required liability
coverage as specified in this Section within 30
days after notification of disallowance.
g)
Guarantee for liability coverage.
1)
Subject to subsection
(q) (2), an owner or operator
may meet the requirements of this Section by
obtaining a written guarantee, referred to as a
“guarantee.”
The guarantor shall be the direct or
higher—tier parent corporation of the owner or
operator, a firm whose parent corporation
is also
the parent corporation of the owner or operator,
or a firm with a “substantial business
relationship” with the owner or operator.
The
guarantor shall meet the requirements for owners
and operators in subsections
(f) (1) through
(f) (6).
The wording of the guarantee must be as
specified in Section 724.251.
A certified copy of
the guarantee must accompany the items sent to the
Agency as specified in subsection
(f)(3).
One of
these items must be the letter from the
guarantor’s chief financial officer.
If the
guarantor’s parent corporation
is also the parent
corporation of
the’ owner or operator, this letter
must describe the value received
in consideration
of the guarantee.
If the guarantor is a firm with
a “substantial business relationship” with the
owner or operator, this letter must describe this
I 33—406
47
“substantial
business
relationship”
and
the value
received in consideration of the guarantee.
The
terms of the guarantee must provide that:
A)
If the owner or operator fails to satisfy a
judgment based on a determination of
liability for bodily injury or property
damage to third parties caused by sudden or
nonsudden accidental occurrences
(or both as
the case may be), arising from the operation
of facilities covered by this guarantee,
or
fails to pay an amount agreed to in
settlement of claims arising from or alleged
to arise from such injury or damage, the
guarantor will do so up to the limits of
coverage.
B)
The guarantee will remain in force unless the
guarantor sends notice of cancellation by
certified mail to the owner or operator and
to the Agency.
The guarantee must not be
terminated unless and until the Agency
approves alternate liability coverage
complying with Section 724.247 or 35 Ill.
Adm. Code 725.247.
2)
The guarantor shall execute the guarantee in
Illinois.
The guarantee shall be accompanied by a
letter signed by the guarantor which states that:
A)
The guarantee was signed in Illinois by an
authorized agent of the guarantor;
B)
The guarantee is governed by Illinois law;
and
C)
The name and address of the guarantor’s
registered agent for service of process.
3)
The guarantor shall have a registered agent
pursuant to Section 5.05 of the Business
Corporation Act of 1983
(Ill. Rev.
Stat.
1987-1991,
ch.
32, par.
5.05)
or Section 105.05 of the
General Not-for-Profit Corporation Act of 1986
(Ill. Rev.
Stat.
19871991,
ch.
32, par. 105.05).
h)
Letter of credit for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by obtaining an irrevocable
standby letter of credit which conforms to the
requirements of this subsection, and submitting
a
I
33—407
48
copy of the letter of credit to the Agency.
2)
The financial institution issuing the letter of
credit shall be an entity which has the authority
to issue letters of credit and whose letter of
credit operations are regulated and examined by
the Illinois Commissioner of Banks and Trust
Companies.
3)
The wording of the letter of credit must be as
specified in Section 724.251.
i)
Surety bond for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by obtaining a surety bond which
conforms to the requirements of this subsection
and submitting a copy of the bond to the Agency.
2)
The surety company issuing the bond shall be
licensed by the Illinois Department of Insurance.
3)
The wording of the surety bond must be as
specified in Section 724.251.
j)
Trust fund for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by establishing a trust fund which
conforms to the requirements of this subsection
and submitting a signed, duplicate original of the
trust agreement to the Agency.
2)
The trustee shall be an entity which has the
authority to act as a trustee and whose trust
operations are regulated and examined by the
Illinois Commissioner of Banks and Trust
Companies,
or who complies with the corporate
Fiduciary Act.
(Ill.
Rev.
Stat.
19871991,
ch.
17,
par.
1551—1
et seq.)
3)
The trust fund for liability coverage must be
funded for the full amount of the liability
coverage to be provided by the trust fund before
it
may be relied upon to satisfy the requirements
of this Section.
If at any time after the trust
fund
is created the amount of funds in the trust
fund
is reduced be’low the full amount of liability
coverage to be provided,
the owner or operator,
by
the anniversary of the date of establishment of
the fund,
shall either add sufficient funds
to the
trust fund to cause its value to equal the full
I 33—408
49
amount of liability coverage to be provided,
or
obtain other financial assurance as specified in
this Section to cover the difference.
For
purposes of this subsection,
“the full amount of
the liability coverage to be provided” means the
amount of coverage for sudden and nonsudden
accidental occurrences required to be provided by
the owner or operator by this Section,
less the
amount of financial assurance for liability
coverage which is being provided by other
financial assurance mechanisms being used to
demonstrate financial assurance by the owner or
operator.
4)
The wording of the trust fund must be as specified
in Section 724.251.
(Source:
Amended at 16 Ill. Beg.
,
effective
)
13 3—409
50
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE
DISPOSAL
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
725
INTERIM
STATUS
STANDARDS
FOP
OWNERS
AND
OPERATORS
OF
HAZARDOUS
WASTE TREATMENT, STORAGE
AND
DISPOSAL FACILITIES
SUBPART A:
GENERAL PROVISIONS
Purpose, Scope and Applicability
Imminent Hazard Action
SUBPART B:
GENERAL FACILITY STANDARDS
Applicability
USEPA Identification Number
Required Notices
General Waste Analysis
Security
General Inspection Requirements
Personnel Training
General Requirements for Ignitable, Reactive or
Incompatible Wastes
725.118
Location Standards
SUBPART
C:
PREPAREDNESS
AND
PREVENTION
Applicability
Maintenance
and
Operation
of
Facility
Required Equipment
Testing and Maintenance of Equipment
Access to Communications or Alarm System
Required Aisle Space
Arrangements with Local Authorities
SUBPART D:
CONTINGENCY
PLAN
AND EMERGENCY PROCEDURES
Section
725.150
725.151
725. 152
725. 153
725. 154
725.155
725. 156
Applicability
Purpose and Implementation of Contingency Plan
Content
of
Contingency
Plan
Copies
of
Contingency
Plan
Amendment
of
Contingency
Plan
Emergency
Coordinator
Emergency
Procedures
Applicability
Use of Manifest System
Manifest Discrepancies
Section
725.101
725.104
Section
725. 110
725.111
725. 112
725. 113
725. 114
725. 115
725.116
725. 117
Section
725. 130
725. 131
725.132
~725.l33
725.134
725. 135
725.137
Section
725. 170
725. 171
725. 172
SUBPART E:
MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
133—4 10
51
725.173
Operating Record
725.174
Availability,
Retention and Disposition of Records
725.175
Annual Report
725.176
Unmanifested Waste Report
725.177
Additional Reports
SUBPART
F:
GROUNDWATER
MONITORING
Section
725.190
Applicability
725.191
Groundwater Monitoring System
725.192
Sampling and Analysis
725.193
Preparation, Evaluation and Response
725.194
Pecordkeeping and Reporting
SUBPART
G:
CLOSUPE
AND
POST-CLOSURE
Section
725.210
Applicability
725.211
Closure
Performance
Standard
725.212
Closure
Plan;
Amendment
of
Plan
725.213
Closure;
Time
Allowed
for Closure
725.214
Disposal
or
Decontamination
of
Equipment,
Structures
and
Soils
725.215
Certification
of
Closure
725.216
Survey
Plat
725.217
Post-closure Care and Use of Property
725.218
Post-closure Plan; Amendment of Plan
725.219
Post—Closure Notices
725.220
Certification of Completion of Post-Closure Care
SUBPART
H:
FINANCIAL
REQUIREMENTS
Section
725.240
Applicability
725.241
Definitions of Terms as Used in this Subpart
725.242
Cost Estimate for Closure
725.243
Financial Assurance for Closure
725.244
Cost Estimate for Post-closure Care
725.245
Financial Assurance for Post—closure Monitoring and
Maintenance
725.246
Use of a Mechanism for Financial Assurance of Both
Closure and Post-closure Care
725.247
Liability Requirements
725.248
Incapacity of Owners or Operators, Guarantors or
Financial Institutions
725.251
Promulgation of Forms
(Repealed)
SUBPART
I:
USE AND MANAGEMENT OF CONTAINERS
Section
725.270
Applicability
725.271
Condition of Containers
725.272
Compatibility of Waste with Container
725.273
Management of Containers
725.274
Inspections
133—411
52
725.276
Special Requirements for Ignitable or Reactive Waste
725.277
Special Requirements for Incompatible Wastes
Section
725.290
725.291
725.292
725. 293
725.294
725.295
725.296
725.297
725.298
725.299
725.300
725.
301
Section
725.320
725. 321
725.322
725. 323
725. 325
725. 326
725. 328
725. 329
725.330
SUBPART
J:
TANK SYSTEMS
Applicability
Assessment of Existing Tank System’s Integrity
Design and Installation of New Tank Systems or
Components
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to leaks or spills and disposition of Tank
Systems
Closure and Post-Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Waste Analysis and Trial Tests
Generators of 100 to 1000 kg/mo.
SUBPART
K:
SURFACE IMPOUNDMENTS
Applicability
Design Requirements
General
Operating
Requirements
Containment
System
Waste Analysis and Trial Tests
Inspections
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
SUBPART
L:
WASTE
PILES
Section
725.350
725.351
725. 352
725.353
725.354
725.356
725.357
725.358
Section
725.370
725.372
725.
373
725.376
725.378
725.379
725.380
Applicability
Protection from Wind
Waste Analysis
Containment
Design Requirements
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure
and
Post—Closure
Care
SUBPART
M:
LAND
TREATMENT
Applicability
General Operating Requirements
Waste Analysis
Food Chain Crops
Unsaturated
Zone
(Zone
of
Aeration)
Monitoring
Recordkeep
ing
Closure
and
Post-closure
133—412
53
725.381
Special
Requirements
for
Ignitable
or
Reactive
Waste
725.382
Special Requirements for Incompatible Wastes
SUBPART
N:
LANDFILLS
Section
725.400
Applicability
72S.401
Design Requirements
725.402
General Operating Requirements
725.409
surveying and Pecordkeeping
725.410
Closure
and
Post-Closure
725.412
Special Requirements for Ignitable or Reactive Waste
725.413
Special Requirements for Incompatible Wastes
725.414
Special Requirements for Liquid Wastes
725.415
Special Requirements for Containers
725.416
Disposal of Small Containers of Hazardous Waste in
Overpacked Drums
(Lab Packs)
SUBPART
0:
INCINERATORS
Section
725.440
Applicability
725.441
Waste
Analysis
725.445
General
Operating
Requirements
725.447
Monitoring and Inspection
725.451
Closure
725.452
Interim Status Incinerators Burning Particular
Hazardous Wastes
SUBPART P:
THERMAL TREATMENT
Section
725.470
Other Thermal Treatment
725.473
General Operating Requirements
725.475
Waste Analysis
725.477
Monitoring and Inspections
725.481
Closure
725.482
Open Burning;
Waste Explosives
725.483
Interim Status Thermal Treatment Devices Burning
Particular Hazardous Waste
SUBPART
Q:
CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT
Section
725.500
Applicability
725.501
General Operating Requirements
725.502
Waste Analysis and Trial Tests
725.503
Inspections
725.S04
Closure
725.505
Special Requirements for Ignitable or Reactive Waste
725.506
Special Requirements for Incompatible Wastes
SUBPART R:
UNDERGROUND INJECTION
Section
725.530
Applicability
1:33—413
54
SUBPART
W:
DRIP
PADS
Applicability
Assessment of existing drip pad integrity
Design and installation of new drip pads
Design and operating requirements
Inspections
Closure
SUBPART
AA:
AIR
EMISSION
STANDARDS
FOR
PROCESS
VENTS
Section
725.930
725.931
725.
932
725.
933
725.934
725.935
Section
725. 950
725.951
725.
952
725.953
Standards:
725.954
Standards:
Service
725.955
Standards:
725.
956
725.
9 57
725.
958
725.
959
725.
960
725.961
725.962
725.
963
725.
964
725.Appendix A Recordkeeping Instructions
725.Appendix B EPA Report Form and Instructions
(Repealed)
725.Appendix C EPA Interim Primary Drinking Water Standards
725.Appendix D Tests for Significance
725.Appendix E Examples of Potentially Incompatible Waste
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27
of the Environmental Protection Act
(Ill. Rev.
Stat.
1991,
ch.
111—1/2, pars.
1022.4 and 1027).
SOURCE:
Adopted
in P81—22,
43 PCB 427, at
5
Ill.
Reg.
9781,
effective as noted in 35
Ill. Adm.
Code 700.106; amended and
codified
in
P81-22,
45
PCB
317,
at
6
Ill.
Beg.
4828,
effective as
noted in 35 Ill. Adm.
Code 700.106; amended
in R82-18,
51 PCB
Section
725.540
725. 541
725.542
725.543
725.544
725.545
Applicability
Definitions
Standards:
Process Vents
Standards:
Closed—vent Systems and Control Devices
Test methods and procedures
Recordkeeping Requirements
SUBPART
BB:
AIR
EMISSION
STANDARDS
FOR
EQUIPMENT
LEAKS
Applicability
Definitions
Standards:
Pumps in Light Liquid Service
Compressors
Pressure Relief Devices in Gas/Vapor
Sampling Connecting Systems
Standards:
Open—ended Valves or Lines
Standards:
Valves in Gas/Vapor or Light Liquid Service
Standards:
Pumps, Valves, Pressure Relief Devices,
Flanges and Other Connectors
Standards:
Delay of Repair
Standards:
Closed—vent Systems and Control Devices
Percent Leakage Alternative for Valves
Skip Period Alternative for Valves
Test Methods and Procedures
Recordkeeping Requirements
I
33—414
55
831,
at
7
Ill.
Peg.
2518,
effective
February
22,
1983;
amended
in
P82—19,
53
PCB
131,
at
7
Ill.
Beg.
14034,
effective
October
12,
1983;
amended
in
P84—9,
at
9
Ill.
Peg.
11869,
effective
July
24,
1985;
amended
in
P85-22
at
10
Ill.
Peg.
1085,
effective January
2,
1986;
amended
in
R86—1
at
10
Ill.
Peg.
14069,
effective
August
12,
1986;
amended in
P86-28
at
11
Ill.
Peg.
6044,
effective
March
24,
1987;
amended in P86—46 at 11 Ill.
Peg.
13489, effective
August
4,
1987; amended in R87—5 at 11
Ill. Beg.
19338, effective
November 10,
1987; amended in P87—26 at 12 Ill.
Reg.
2485,
effective January 15, 1988;
amended in P87—39 at 12
Ill. Peg.
13027, effective July 29,
1988; amended in P88—16 at 13 Ill. Beg.
437, effective December 28,
1988; amended in
P89-i at 13 Ill.
Beg.
18354, effective November 13,
1989; amended in P90—2 at
14
Ill.
Peg.
14447, effective August 22,
1990;
amended in P90-10 at
14
Ill. Peg.
16498,
effective September 25,
1990; amended in R90—
11 at 15
Ill.
Reg.
9398,
effective June 17,
1991; amended in R9i—
1 at 15 Ill.
teg.
14534,
effective October
1,
199.1;
amended in
P91—13 at 16
~l.
Peg.
,
effective
;
amended
in P92-i at 16
Ill. Beg.
,
effective
SUBPART
F:
GROUNDWATER MONITORING
Section 725.191
Groundwater Monitoring System
a)
A groundwater monitoring system must be capable of
yielding groundwater samples for analysis and must
consist of:
1)
Monitoring wells
(at least one)
installed
hydraulically upgradient
(i.e.,
in the direction
of increasing static head)
from the limit of the
waste management area.
Their number,
locations
and depths must be sufficient to yield groundwater
samples that are:
A)
Representative of background groundwater
quality in the uppermost aquifer near the
facility;
and
B)
Not affected by the facility; and
2)
Monitoring wells
(at least three)
installed
hydraulically downgradient
(i.e.,
in the direction
of decreasing static head)
at the limit of the
waste management area.
Their number, locations
and depths must ensure that they immediately
detect any statistically significant amounts of
hazardous waste or hazardous waste constituents
that migrate from the waste management area to the
uppermost
aquifer.
b)
Separate monitoring systems for each waste management
1 33—4 1 5
56
component of a facility are not required provided that
provisions for sampling upgradient and downgradient
water quality will detect any discharge from the waste
management area.
1)
In the case of a facility consisting of only one
surface impoundment,
landfill or land treatment
area, the waste management area is described by
the waste boundary
(perimeter).
2)
In the case of a facility consisting of more than
one surface impoundment,
landfill or land
treatment area the waste management area is
described by the imaginary boundary line which
circumscribes the several waste management
components.
.~j,
The facility owner or operator may demonstrate
that an alternate hydraulically downgradient
monitoring well location will meet the criteria
outlined
below.
The
demonstration
must
be
in
writing
and
kept
at
the facility.
The
demonstration must be certified by a gualified
groundwater scientist and establish that:
~j
An existing
physical
obstacle
prevents
monitoring well installation at the
hydraulically downgradient limit of the waste
management area;
and
~j
The selected alternate downciradient location
is as close to the limit of the waste
management area as practical; and
~j
The alternate location ensures detection as
early as possible, of any statistically
significant amounts of hazardous waste or
hazardous waste constituents that migrate
from the waste management area to the
uppermost
aquifer.
P1
Lateral expansion,
new,
or replacement units
are not eligible for an alternate
downgradient location under this subsection.
c)
All monitoring wells must be cased
in a manner that
maintains the integrity of the monitoring well bore
hole.
This casing must be screened or perforated and
packed with gravel or sand where necessary to enable
sample collection at depths where appropriate aquifer
flow zones exist.
The annular space
(i.e.,
the space
between the bore hole and well casing)
above the
57
sampling depth must be sealed with a suitable material
(e.g., cement grout or bentonite slurry)
to prevent
contamination of samples and the groundwater.
(Source:
Amended at 16
Ill. Peg.
,
effective
)
SUBPART H:
FINANCIAL REQUIREMENTS
Section 725.247
Liability Requirements
a)
Coverage for sudden accidental occurrences.
An owner
or operator of a hazardous waste treatment, storage or
disposal facility, or a group of such facilities,
shall
demonstrate
financial
responsibility
for
bodily
injury
and property damage to third parties caused by sudden
accidental occurrences arising from operations of the
facility or group of facilities.
The owner or operator
shall have and maintain liability coverage for sudden
accidental occurrences in the amount of at least $1
million per occurrence with an annual aggregate of at
least $2 million, exclusive of legal defense costs.
This liability coverage may be demonstrated as
specified in subsections
(a) (1),
-(-a3-(2),
-(-a-)-(3),
‘+&3-(4),
-fa-)-(5)
and
-fa)-(6):
1)
An
owner
or
operator
may
demonstrate
the
required
liability
coverage
by
having
liability
insurance
as specified in this paragraph.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
Liability Endorsement or evidenced by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in 35 Ill.
Adm. Code 724.251.
The
wording of the certificate of insurance must
be as specified in 35 Ill. Adm. Code 724.251.
The owner or operator shall submit a signed
duplicate original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide
a signed duplicate
original of the insurance policy.
B)
Each insurance policy must be issued by an
insurer
which
is
licensed
by
the
Illinois
Department
of’ Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
the guarantee for liability coverage as specified
I 33—417
58
in subsections
(f)
and
(g).
3)
An
owner
or
operator
may
meet
the
requirements
of
this Section by obtaining a letter of credit for
liability coverage as specified
in subsection
(h).
4)
An owner or operator may meet the requirements of
this Section by obtaining a surety bond for
liability coverage as specified in subsection
(i).
5)
An owner or operator may meet the requirements of
this Section by obtaining a trust fund for
liability coverage as specified in subsection
(j).
6)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance,
financial test,
letter of credit,
surety bond and trust
fund, except that the owner
or operator may not combine a financial test
covering part of the liability coverage
requirement with a guarantee unless the financial
statement of the owner or operator is not
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must total at least the minimum amounts required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection, the owner or operator shall
specify at least one such assurance as “primary”
coverage, and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever
a
claim
for
bodily
injury
or
property damage caused by the operation of a
hazardous waste treatment, storage or
disposal facility is made against the owner
or operator of an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever the amount of financial assurance
for liability coverage under this Section
provided by a financial instrument authorized
by subsection’s
(a) (1)
through
(a) (6)
is
reduced.
b)
Coverage for nonsudden accidental occurrences.
An
owner or operator of a surface impoundment, landfill or
I 33—418
59
land treatment facility which is used to manage
hazardous waste, or a group of such facilities,
shall
demonstrate financial responsibility for bodily injury
and property damage to third parties caused by
nonsudden accidental occurrences arising from
operations of the facility or group of facilities.
The
owner or operator shall have and maintain liability
coverage for nonsudden accidental occurrences in the
amount of at least
$3 million per occurrence with an
annual aggregate of at least $6 million, exclusive of
legal defense costs.
An owner or operator meeting the
requirements
of
this
Section
may
combine
the
required
per—occurrence coverage levels for sudden and nonsudden
accidental
occurrences
into
a
single
per—occurrence
level,
and
combine
the
required annual aggregate
coverage levels for sudden and nonsudden accidental
occurrences into a single annual aggregate level.
Owners or operators who combine coverage levels for
sudden and nonsudden accidental occurrences shall
maintain liability coverage in the amount of at least
$4 million per occurrence and $8 million annual
aggregate.
This liability coverage may be demonstrated
as specified in subsections
(b) (1),
-(-~)-(2), -(-è-)-(3),
+b+(4),
-fb3-(5) and
-f-b-)-(6):
1)
An owner or operator may demonstrate the required
liability coverage by having liability insurance
as specified in this paragraph.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
Liability Endorsement or evidence by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in
35 Ill.
Adm. Code 724.251.
The
wording of the certificate of insurance must
be as specified in 35 Ill.
Adm. Code 724.251.
The owner or operator shall submit a signed
duplicate original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance
policy.
B)
Each insurance policy must be issued by an
insurer which is licensed by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
the guarantee for liability coverage as specified
in subsections
(f)
and
(g).
I 33—419
60
3)
An owner or operator may meet the reci~irementsof
this Section by obtaining a letter oxf
credit for
liability coverage as specified
in s~section (h).
4)
An owner or operator may meet the r’e’~.irementsof
this Section by obtaining
a surety bo~i4for
liability coverage as specified in s.~section(i).
5)
An owner or operator may meet the req~rdrementsof
this Section by obtaining a trust fu~~for
liability coverage as specified in s
action
(j).
6)
An owner or operator may demonstrate’
e! required
liability coverage through the use c~:combinations
of insurance,
financial test,
guarat~itLee, letter of
credit,
surety bond and trust fund,
~crspt
that
the owner or operator may not combirz~a financial
test covering part of the liability
coveragerequirement with a guarantee
~miess the
financial statement of the owner or ~~irator
is
not consolidated with the financial ~t~ent
of
the guarantor.
The amounts of cover’~a~e.
must total
at least the minimum amounts requirs~by this
Section.
If the owner or operator c1~ew~mstrates
the required coverage through the us~of a
combination of financial assurances ~ndYerthis
subsection,
the owner or operator
sti~11
specify at
least one such assurance as “primarT’~C~:OVerage,
and shall specify other such assuran~eas “excess”
coverage.
7)
An
owner
or
operator
shall
notify
tht~ Agency
within
30
days:
A)
Whenever a claim for bodily in~iryor
property damage caused
by, the ~p~r’ation of a
hazardous waste treatment, stor~
or
disposal facility is made again~tthe owner
or operator or an instrument pr~.riding
financial assurance for 1iabiii~tycoverage
under this Section; or
B)
Whenever the amount of financi~.L’a~surance
for liability coverage under thus Section
provided by a financial instrum’*~itauthorized
by subsections
(a)(1)
through (‘~~G)is
reduced.
c)
Request for adjusted level of required li~”ility
coverage.
If an owner or operator. demon~rt~-ates
to the
Agency that the levels of financial resp~~ibility
required by subsections
(a) or
(b)
are nt~v~
consistent
133—420
61
with the degree and duration of risk associated with
treatment,
storage
or
disposal
at
the
facility
or
group
or
facilities,
the owner or operator may obtain an
adjusted
level
of
required
liability
coverage
from
the
Agency.
The
request
for
an
adjusted
level
of
required
liability
coverage
must
be
submitted
in
writing
to
the
Agency.
If
granted,
the
Agency’s
action shall take the
form
of
an
adjusted
level
of
required
liability
coverage, such level to be based on the Agency
assessment of the degree and duration of risk
associated with the ownership or operation of the
facility or group
of
facilities.
The
Agency
may
require
an
owner
or operator who requests an adjusted
level of required liability coverage to provide such
technical and engineering information as
is necessary
to determine a level of financial responsibility other
than
that
required
by
subsection
(a)
or
(b)..
The
Agency shall process any request for an adjusted level
of
required
liability
coverage
as
if
it
were
a
permit
modification request under 35 Ill.
Adm.
Code
702.184(e) (3) and 705.128.
Notwithstanding any other
provision, the Agency shall hold a public hearing
whenever
it
finds,
on
the
basis
of
requests,
a
significant
degree
of
public
interest
in
a
tentative
decision
to
grant
an
adjusted
level
of
required
liability insurance.
The Agency may also hold a public
hearing at its discretion whenever such a hearing might
clarify one or more issues involved in the tentative
decision.
d)
Adjustments by the Agency.
If the Agency
determines
that the levels of
financial
responsibility
required
by
subsection
(a)
or
(b)
are not consistent with the
degree and duration of risk associated with treatment,
storage or disposal at the facility or group of
facilities, the Agency shall adjust the level of
financial
responsibility
required
under
subsection
(a)
or
(b)
as
may
be
necessary
to
protect
human health and
the environment.
This adjusted level must be based on
the
Agency’s
assessment
of
the
degree
and duration of
risk
associated
with
the
ownership
or
operation
of
the
facility
or
group
of
facilities.
In
addition,
if
the
Agency
determines
that
there
is
a
significant
risk
to
human health and the environment from nonsudden
accidental occurrences resulting from the operations of
a facility that is not a surface impoundment,
landfill
or land treatment facility, the Agency may require that
an owner or operator of the facility comply with
subsection
(b).
An owner or operator shall furnish to
the Agency, within a time specified by the Agency in
the request, which shall not be less than 30 days,
any
information which the Agency requests to determine
1 33—521
62
whether
cause
exists
for
such
adjustments
of
level
or
type of coverage.
The Agency shall process any request
for an adjusted level of required liability coverage as
if
it
were
a
permit
modification
request
under
35
Ill.
Adm.
Code
702.184(e)
(3)
and
705.128.
Notwithstanding
any other provision, the Agency shall hold a public
hearing whenever it finds, on the basis of requests,
a
significant degree of public interest in a tentative
decision to grant an adjusted level of required
liability insurance.
The Agency may also hold a public
hearing at its discretion whenever such a hearing might
clarify one or Thore issues involved in the tentative
decision.
e)
Period of coverage.
Within 60 days after receiving
certifications from the owner or operator and an
independent registered professional engineer that final
closure has been completed in accordance with the
approved closure plan,
the Agency shall notify the
owner or operator in writing that the owner or operator
is no longer required by this Section to maintain
liability coverage for that facility, unless the Agency
determines that closure has not been in accordance with
the approved closure plan.
f)
Financial test for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by demonstrating that the owner or
operator passes a financial test as specified in
this paragraph.
To pass this test the owner or
operator shall meet the criteria of subsection
(f) (1) (A)
or
(f) (1) (B):
A)
The owner or operator shall have:
i)
Net working capital and tangible net
worth each at least six times the amount
of liability coverage to be demonstrated
by this test; and
ii)
Tangible net worth of at least $10
million;
and
iii) Assets in the United States amounting to
either:
at
least
90
percent
of
total
assets;
or
at
least
six
times
the
amount
of liability coverage to be demonstrated
by
this
test.
B)
The
owner
or
operator
shall
have:
13.3—422
63
i)
A current rating for the owner or
operator’s 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 of at least $10
million; and
iii) Tangible net worth at least six times
the amount of liability coverage to be
demonstrated by this test; and
iv)
Assets in the United States amounting to
either:
at least 90 percent of total
assets; or at least six times the amount
of liability coverage to be demonstrated
by
this
test.
2)
The phrase “amount of liability coverage” as used
in subsection
(f) (1) refers to the annual
aggregate amounts for which coverage is required
under subsections
(a) and
(b).
3)
To demonstrate that the owner or operator meets
this test, the owner or operator shall submit the
following three items to the Agency:
A)
A
letter
signed
by
the
owner’s
or
operator’s
chief financial officer and worded as
specified in 35
Ill. Adm. Code 724.251.
If
an owner or operator is using the financial
test to demonstrate both assurance for
closure or post—closure care,
as specified by
35
Ill. Adm. Code 724.243(f)
and 724.245(f),
or by Sections 725.243(e)
and 725.245(e), and
liability coverage,
it shall submit the
letter specified in
35 Ill.
Adm. Code 724.251
to cover both forms
of financial
responsibility;
a separate letter as
specified
in 35
Ill.
Adm. Code 724.251
is not
required.
B)
A
copy
of
the
independent
certified
public
accountant’s report on examination of the
owner’s or operator’s financial statements
for the latest completed fiscal year.
C)
A special report from the owner’s or
operator’s independent certified public
accountant to the owner or operator stating
that:
I 33—423
64
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.
5)
After the initial submission of items specified in
subsection
(f) (3), the owner or operator shall
send
updated information to the Agency within 90
days after the close of each succeeding fiscal
year.
This information must consist of all three
items specified in subsection
(f) (3).
6)
If the owner or operator no longer meets the
requirements of subsection
(f) (1), the owner or
operator shall obtain insurance for the entire
amount of required liability coverage as ‘specified
in this Section.
Evidence of insurance must be
submitted to the Agency withi.n 90 days after the
end of the fiscal year for which the year-end
financial data show that the owner or operator no
longer meets the test requirements.
7)
The Agency may disallow use’ of this test on the
basis of qualifications in the opinion expressed
by
the
independent
certified
public accountant in
the
accountant’s
report
on
examination
of
the
owner’s
or
operator’s
financial statements
(see
subsection
(f)(3)(B)).
An
adverse
opinion
or
a
disclaimer
of
opinion
is
cause
for
disallowance.
The
Agency
shall evaluate other qualifications on
an individual basis.
The owner or operator shall
provide evidence of insurance for the entire
amount of required liability coverage as specified
in
this
Section
within
30
days
after
notification
of
disallowance.
g)
Guarantee
for
liability coverage.
1)
Subject
to
subsection
(g) (2),
an
owner
or
operator
may
meet
the requirements of this Section by
obtaining a written guarantee, referred to as a
“guarantee.”
The guarantor shall
be the direct or
1:33—424
65
higher-tier parent corporation of the owner or
operator,
a
firm
whose
parent
corporation
is
also
the
parent
corporation
of
the
owner
or
operator,
or
a
firm
with
a
“substantial business
relationship” with the owner or operator.
The
guarantor shall meet the requirements for owners
and
operators
in
subsection
(f)
(1)
through
(f)
(6).
The
wording
of
the
guarantee
must
be
as
specified
in
35
Ill.
Adm.
Code
724.251.
A certified copy of
the guarantee must accompany the items sent to the
Agency as specified in subsection
(f) (3).
One of
these items must be the letter from the
guarantor’s chief financial officer.
If the
guarantor’s parent corporation
is also the parent
corporation of the owner or operator, this letter
must describe the value received in consideration
of the guarantee.
If the guarantor is
a firm with
a “substantial business relationship” with the
owner or operator, this letter must describe this
“substantial business relationship” and the value
received in consideration of the guarantee.
The
terms of the guarantee must provide that:
A)
If the owner or operator fails to satisfy a
judgment based on a determination of
liability for bodily injury or property
damage to third parties caused by sudden or
nonsudden accidental occurences
(or both as
the case may be), arising from the operation
of facilities covered by this guarantee, or
fails to pay an amount agreed to in
settlement of claims arising from or alleged
to arise from such injury or damage, the
guarantor will do so up to the limits of
coverage.
B)
The guarantee remains
in force unless the
guarantor sends notice of cancellation by
certified mail to the owner or operator and
to the Agency.
The guarantee must not be
terminated unless and until the Agency
approves alternate liability coverage
complying with Section 725.247 or 35
Ill.
Adm. Code 724.247.
2)
The guarantor shall execute the guarantee in
Illinois.
The guarantee shall be accompanied by a
letter signed by the guarantor which states that:
A)
The guarantee was signed
in
Illinois
by an
authorized
agent
of
the
guarantor;
I
33—425
66
B)
The
guarantee
is
governed
by
Illinois
law;
and
C)
The
name
and
address
of
the
guarantor’s
registered agent for service of process.
3)
The guarantor shall have
a registered agent
pursuant to Section 5.05 of the Business
Corporation Act of 1983
(Ill. Rev.
Stat.
19371991,
ch.
32, par.
5.05)
or Section 105.05 of the
General Not-for-Profit Corporation Act of 1986
(Ill.
Rev.
Stat.
19871991,
ch.
32,
par.
105.05).
h)
Letter
of
credit
for
liability
coverage.
1)
An
owner
or
operator may satisfy the requirements
of
this
Section
by obtaining an irrevocable
standby
letter
of
credit
which
conforms to the
requirements of this subsection,
and submitting a
copy
of
the
letter
of
credit
to
the
Agency.
2)
The financial institution issuing the letter of
credit
shall
be
an
entity
which
has
the
authority
to
issue
letters
of
credit
and
whose
letter
of
credit
operations
are
regulated and examined by
the Illinois Commissioner of Banks and Trust
Companies.
3)
The
wording
of
the
letter
of
credit
must
be
as
specified
in
35
Ill.
Adm.
Code
724.251.
i)
Surety
bond
for
liability coverage.
1)
An
owner
or
operator may satisfy the requirements
of
this
Section
by
obtaining
a
surety
bond
which
conforms
to
the
requirements of this subsection
and submitting a copy of the bond to the Agency.
2)
The surety company issuing the bond shall be
licensed by the Illinois Department of Insurance.
3)
The wording of the surety bond must be as
specified in
35 Ill.
Adin.
Code 724.251.
j)
Trust fund for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section
by~
establishing a trust fund which
conforms to the requirements of this subsection
and submitting a signed, duplicate original of the
trust agreement to the Agency’.
1:33—426
67
2)
The trustee shall
be
an
entity
which
has
the
authority to act as a trustee and whose trust
operations are regulated and examined by the
Illinois Commissioner of Banks and Trust
Companies,
or
who
complies
with
the
Corporate
Fiduciary Act.
(Ill.
Rev. Stat.
19871991,
oh.
17,
par.
1551—1
et
seq.)
3)
The
trust
fund
for
liability
coverage
must
be
funded
for
the
full
amount
of
the
liability
coverage to be provided by the trust fund before
it may be relied upon to satisfy the requirements
of this Section.
If at any time after the trust
fund is created the amount of funds in the trust
fund is reduced below the full amount of liability
coverage to be provided, the owner or operator, by
the anniversary of the date of establishment of
the
fund,
shall
either add sufficient funds to the
trust fund to cause its value to equal the full
amount of liability coverage to be provided, or
obtain other financial assurance as specified in
this Section to cover the difference.
For
purposes of this subsection,
“the full amount of
the liability coverage to be provided” means the
amount of coverage for sudden and nonsudden
accidental occurrences required to be provided by
the owner or operator by this Section,
less the
amount of financial assurance for liability
coverage which is being provided by other
financial assurance mechanisms being used to
demonstrate financial assurance by the owner or
operator.
4)
The wording of the trust fund must be
as
specified
in
35 Ill.
Adm. Code 724.251.
(Source:
Amended at
16 Ill.
Reg.
,
effective
II
3—427
