TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SUBPART A: GENERAL PROVISIONS
Section
745.101
Scope and Applicability
745.102 Definitions
SUBPART B: APPLICATION FOR CERTIFICATION
Section
745.121
Persons Who May Apply
745.122 Application
745.123
Duty to Supplement Pending Application
745.124
Duty to Provide Supplemental Information
745.125 Application Form
745.126 Incomplete Applications
745.127
Registered or Certified Mail
SUBPART C: AGENCY ACTION
Section
745.141
Standards for Denial
745.142 Final Action
745.143 Time Limits
745.144
Waiver of Time Limits
SUBPART D: APPEAL, REVOCATION AND TRANSFERABILITY
Section
745.161
Appeal of Certification Denial
745.162 Revocation
745.163
Duration and Transferability
SUBPART E: PROHIBITIONS
Section
745.180
Applicability of the Subpart
745.181
Chief Operator Requirements
745.201 Prohibitions
745.202
Agency Denial of Waste Disposal Permit
745.203
Revocation of Waste Disposal Permit
745.204 Defense
745.205 Effective Date
AUTHORITY
: Implementing Sections 22.4(b) and 22.5 and authorized by Section 27 of
the Environmental Protection Act (Ill. Rev. Stat. 1985 ch. 111 1/2, pars. 1022.4(b),
1022.5 and 1027).
SOURCE
: Adopted in R81-18 at 11 Ill. Reg. 17206, effective October 8, 1987.
SUBPART A: GENERAL PROVISIONS
Section 745.101 Scope and Applicability
a) This Part establishes procedures for prior conduct certification for
personnel of waste disposal sites.
b) This Part requires the chief operator of certain waste disposal sites,
pursuant to Subpart E, to obtain prior conduct certification. Otherwise,
permits for operation of the site may be denied or revoked, and the owners
or other named permittees, as well as the chief operator, are subject to an
enforcement action for continued operation without a certified operator,
pursuant to Subpart E.
c) This Part also prohibits any person who has had prior conduct certification
denied, cancelled or revoked, unless the person has a current valid prior
conduct certification, from owning or operating a waste disposal site or
serving as an officer or director of the owner or operator of a waste
disposal site, or serving as an employee at a waste disposal site, pursuant
to Subpart E.
Section 745.102 Definitions
a) Unless otherwise stated or unless the context clearly indicates a different
meaning, the definitions of terms used in this Part are the same as those
found in the Environmental Protection Act (Ill. Rev. Stat. 1985 ch. 111
1/2, pars. 1001 et seq.) and at 35 Ill. Adm. Code 807.104.
b) Notwithstanding subsection (a), the following terms are defined for
purposes of this Part:
"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1985, ch.
111 1/2, pars. 1001 et seq.), as amended.
"Agency" means the Illinois Environmental Protection Agency.
"Board" means the Illinois Pollution Control Board.
"Chief Operator" means the one natural person in responsible charge of a
waste disposal site on a 24-hour basis. "Chief Operator" also means any
person why may from time to time and in the regular course of business be
designated by a waste disposal site's chief operator to assume the functions
of chief operator during periods of vacation, accident, illness or the like.
"Natural person" means a human being. The term excludes "artificial
persons," such as business or governmental entities.
"Owner" means the person who owns a waste disposal site or part of a
waste disposal site, or who owns the land on which the site is located.
A person is in "responsible charge" if the person:
Is normally present at a waste disposal site;
Directs the day-to-day, overall operation at the site; and
Either is the owner or operator, or is employed by or under contract
with the owner or operator to assure that the day-to-day operations
at the site are carried out in compliance with 35 Ill. Adm. Code
724, 725, 730, 807 and other Board rules governing operations at
waste disposal sites.
c) As used in this Subpart, "waste disposal site" means a site for which a
waste disposal permit is required by 35 Ill. Adm. Code: Subtitle G,
including but not necessarily limited to:
1) RCRA disposal permit required by 35 Ill. Adm. Code 703;
2) UIC permit required by 35 Ill. Adm. Code 704; or
3) Waste disposal permit required by 35 Ill. Adm. Code 807.
SUBPART B: APPLICATION FOR CERTIFICATION
Section 745.121 Persons Who May Apply
Any natural person may apply for prior conduct certification pursuant to this Part.
Section 745.122 Application
An application for prior conduct certification shall include:
a) The name and address of the applicant;
b) Identification of each waste disposal site at any time owned or operated by
the applicant, or at which the applicant served as chief operator, including:
1) The name and address of each site; and
2) A description of the nature of each site and the type of waste
disposed there (e.g., hazardous waste, municipal waste); and
3) A description of the length of and nature of involvement with each
site;
c) A copy of any final administrative or judicial determination, made after
opportunity for an adversarial proceeding, that the applicant has:
1) Violated federal, state or local laws, regulations or ordinances
governing the operation of any waste disposal site;
2) Been convicted in Illinois or another state of any crime which is a
felony under Illinois law, or been convicted of a felony in a federal
court;
3) Shown gross carelessness or incompetence in the handling, storing,
processing, transporting or disposing of any hazardous waste in
any state;
d) A description, including the name of the agency or court, title, docket
number and status, of any administrative or judicial proceeding, which is
still pending, which:
1) Could result in a determination against the application of type
described in subsection (c); or
2) Could result in a reversal of any administrative or judicial
determination provided by the applicant in response to subsection
(c);
e) An affidavit attesting to the truth and completeness of the facts asserted in
the application.
Section 745.123 Duty to Supplement Pending Application
The applicant shall supplement any pending application for prior conduct certification
within 30 days after any change of circumstances which renders, in any respect, the
original application for prior conduct certification inaccurate or incomplete.
Section 745.124 Duty to Provide Supplemental Information
a) Any person who holds prior conduct certification shall provide on an
annual basis a supplemental information report to the Agency which
identifies change in any of the information required by Section 745.122.
A person who holds prior conduct certification shall additionally, upon
Agency request, provide a supplemental information report which
identifies change in any of the information required by Section 745.122
prior to the first anniversary of the submission of the previous report, so
long as the person has not been required to submit more than three such
reports during the previous one year period.
1) The Agency can request supplemental information only if it has a
sufficient reason.
2) The Agency shall state the reason at the time it requests
supplemental information.
3) "Sufficient reason" includes information in the possession of the
Agency which indicates that some of the information required in
Section 745.122 has changed.
b) The Agency shall provide notice to any individual certified pursuant to
this Part who has failed to comply with the provisions of subsection (a).
Such notice shall be mailed no less than 45 days after the due date of the
annual report, or no less than 45 days after the request for supplemental
information has been mailed.
c) If a person certified pursuant to this Part fails to comply with the
provisions of subsection (a) within 45 days after receipt of the notice of
subsection (b), the Agency shall notify the person that prior conduct
certification is cancelled effective upon receipt of the notice.
d) Any person whose prior conduct certification has been cancelled pursuant
to subsection (c) may reapply for certification at any time upon filing of an
application pursuant to this Part.
e) The Agency notices and requests of this Section shall be in writing and
mailed to the person by registered or certified mail, return receipt
requested.
Section 745.125 Application Form
The Agency shall prescribe the form in which all information required under this Subpart
shall be submitted and may adopt such procedures as are necessary for carrying out its
duties under this Part.
Section 745.126 Incomplete Applications
An application for prior conduct certification shall not be deemed filed until the Agency
has received, at the designated address, all information and documents, in the form and
with the content required by this Part and related Agency procedures. If the Agency fails
to notify the applicant within 45 days after the receipt of an application that the
application is incomplete, and of the reasons the application is considered to be
incomplete, the application shall be deemed complete and deemed filed on the date
received by the Agency. An applicant may deem the Agency's notification that the
application is incomplete as a denial of prior conduct certification for purposes of review
pursuant to the procedures of Section 40 of the Act and 35 Ill. Adm. Code 105. A prior
conduct certification which has been deemed to be denied pursuant to this Section shall
not constitute denial of certification for the purposes of Section 745.201.
Section 745.127 Registered or Certified Mail
All prior conduct certification applications shall be mailed or delivered to the appropriate
address designated by the Agency, and, if mailed, shall be sent by registered or certified
mail, return receipt requested. Applications which are hand-delivered shall be delivered
to and receipted for by a person designated by the Agency.
SUBPART C: AGENCY ACTION
Section 745.141 Standards for Denial
a) The Agency shall deny prior conduct certification to any person who has:
1) Been repeatedly found, after opportunity for an adversarial
proceeding before any judicial or administrative body, to be in
violation of any federal, state or local laws, regulations or
ordinances governing the operation of waste disposal sites in any
state;
2) Been convicted in any state of a crime which would be a felony
under Illinois law, or been convicted of a felony in federal court;
3) Been judicially or administratively determined, after opportunity
for an adversarial proceeding, to have shown gross carelessness or
incompetence in the handling, storing, processing, transporting or
disposing of any waste in any state;
4) Practiced any fraud or deceit in obtaining or attempting to obtain
prior conduct certification; or
5) Failed to timely file a supplemental application pursuant to Section
745.123.
b) Subsection (a) notwithstanding, the Agency may, in its discretion, grant
prior conduct certification if mitigating factors exist such that certification
should issue. Mitigating factors include:
1) The severity of the misconduct;
2) How recently the misconduct took place;
3) The degree of control exerted over waste disposal operations at a
site by the applicant at the time misconduct described in subsection
(a)(3) was committed.
c) Pursuant to Section 39(a) of the Act, a person requesting certification has
the burden of demonstrating that the person is entitled to the certification.
Completion of the application form stating that none of the reasons for
denial exist is a sufficient demonstration in the absence of information to
the contrary.
Section 745.142 Final Action
a) If the Agency denies any prior conduct certification under Section
745.141, it shall transmit to the applicant, within the time limits specified
in this Part, a specific, detailed written statement as to the reasons why the
prior conduct certification application was denied.
b) The Agency shall send all notices of final action by registered or certified
mail, return receipt requested. Final action shall take place on the date
that such notice is mailed.
Section 745.143 Time Limits
If the Agency fails to take final action on the application for prior conduct certification
within 90 days after its filing, the applicant may deem the prior conduct certification
granted for one year beginning on the 91st day after the application was filed.
Section 745.144 Waiver of Time Limits
Any applicant for prior conduct certification may waive the requirement of the time
within which the Agency must take final action on the application.
SUBPART D: APPEAL, REVOCATION AND TRANSFERABILITY
Section 745.161 Appeal of Certification Denial
If the Agency denies prior conduct certification under this Part, the applicant may appeal
that action to the Board pursuant to Section 40 of the Act and 35 Ill. Adm. Code 105.
Section 745.162 Revocation
a) Any person may file a complaint with the Board, pursuant to Title VIII of
the Act and 35 Ill. Adm. Code 103, seeking revocation of a prior conduct
certification which has been granted by the Agency, or which was issued
by reason of Agency failure to comply with the time limits of Section
745.143. Such action may be based upon grounds stated in Section
745.141(a).
b) Before revoking a certification, the Board will consider the mitigating
factors listed in Section 745.141(b).
Section 745.163 Duration and Transferability
a) Except as otherwise provided in Section 745.124 or Section 745.143, a
prior conduct certification made pursuant to this Part remains valid until
revoked pursuant to Section 745.162.
b) A prior conduct certification is not transferable.
SUBPART E: PROHIBITIONS
Section 745.180 Applicability of the Subpart
This Subpart does not apply to sites used solely for waste treatment or waste storage.
Section 745.181 Chief Operator Requirements
a) The individual who is chief operator of a waste disposal site, as defined
pursuant to Section 745.102(c), shall have prior conduct certification.
b) The owner or other named permitee shall designate one or more chief
operators for each waste disposal site.
1) One certified chief operator may serve in that capacity for multiple
waste disposal units located at one waste disposal site.
2) One certified chief operator shall not serve in that capacity for
units located at two or more waste disposal sites.
3) A certified waste operator need not be present during all hours a
site is operating, provided that the chief operator retains
responsibility for site operations during the period of absence, and
can be contacted by waste disposal site personnel during the
absence.
Section 745.201 Prohibitions
a) No person shall operate a waste disposal site unless the site chief operator
has prior conduct certification.
b) No site owner or other named permittee shall cause or allow operation of a
waste disposal site unless the site chief operator has prior conduct
certification.
c) No person shall own or operate a waste disposal site if the person has had
prior conduct certification denied, cancelled or revoked, unless the person
has a current, valid prior conduct certification.
d) No person shall serve as an officer or director of the owner or operator of
a waste disposal site if the person has had prior conduct certification
denied, cancelled or revoked, unless the person has a current, valid prior
conduct certification.
e) No person shall serve as an employee at a waste disposal site if the person
has had prior conduct certification denied, cancelled or revoked, unless the
person has a current, valid prior conduct certification.
Section 745.202 Agency Denial of Waste Disposal Permit
The Agency shall deny any waste disposal permit to any owner or other named permit
appliance, unless the applicant demonstrates that the applicant will not violate Section
745.201. Completion of the application form stating that the applicant intends to comply
is a sufficient demonstration in the absence of information to the contrary.
Section 745.203 Revocation of Waste Disposal Permit
Any person may seek revocation of any waste disposal permit on the grounds that the
waste disposal site is in violation of Section 745.201. Such action shall be initiated by
filing a complaint with the Board pursuant to Title VIII of the Act and 35 Ill. Adm.
Code 103.
Section 745.204 Defense
It shall be a complete defense to an action brought pursuant to Section 745.203 that a
replacement certified chief operator has been employed within 90 days after the date of
termination of employment of a certified chief operator, or cancellation or revocation of
the chief operator's prior conduct certification.
Section 745.205 Effective Date
The prohibitions of this Subpart shall become effective July 1, 1988.