ILLINOIS POLLUTION CONTROL BOARD
June
25,
1987
IN THE MATTER OF:
)
)
PRIOR CONDUCT CERTIFICATION
)
R81-18
FOR WASTE DISPOSAL SITE PERSONNEL:
)
35
ILL. ADM CODE 745.
)
PROPOSED RULE
SECOND NOTICE
OPINION AND ORDER OF THE BOARD
(by R.C.
Flemal):
On March
19,
1987,
the Board proposed for first notice
regulations intended
to implement Section 22.5 of the
Environmental Protection Act
(“Act”).
The proposed regulations
were published
in the Illinois Register on April 24,
1987, at 11
Ill. Reg.
7523.
The regulations would establish
a program of prior conduct
certification for waste disposal site personnel.
Additionally,
they would provide
for certain prohibitions in circumstances
where prior conduct certification has not been obtained, has been
denied,
or
has been cancelled or revoked.
The Board has discussed the various provisions of the
regulations
in
the
Proposed
Opinion
which
accompanied
the
March
19 first notice Order.
The Board will not repeat that discussion
here, but rather will focus on the public comments received
in
response
to first notice.
The Board will
today adopt
the rule for second notice, with
modifications as noted below.
FIRST NOTICE PUBLIC COMMENTS
The Board
received three public comments during
the first
notice period.
The first was filed on April
30,
1987,
by ~aste
Management of Illinois, inc.
(“1~M1”) as Public Comment *17.
The
second was filed on May 20, 1987,
by ~he Illinois Steel Group
(“Steel Group”)
as Public Comment #19
.
The third was filed on
June
8, 1987, by the National Solid Wastes Management Association
1
The
Steel
Group
comment
was initally filed on May 7,
1987, and
docketed
as
Public
Comment
#18.
The
same
comment
was
ref iled
on
May 20 with
an Affidavit of Service and separately docketed
as
Public
Comment
#19.
7$-W6
(“NSWMA”)
as Public Comment #20.
Each of the three comments
expresses general support for the regulations as proposed,
but
requests modification
of particular provisions.
Section 745.102:
Definitions
NSWMA opines
in item
3
of its comment that the definition of
“waste storage” used
in the proposed rule “needs to be
clarified”.
Unfortunately, NSWA offers
no guidance
to the Board
as to the nature of
the needed clarification or suggestion as to
how the clarification might be brought about.
The Board does note that the rule proposed here does not
actually contain a definition of waste storage, but rather
incorporates the definition as found elsewhere within the Board’s
waste disposal regulations, pursuant to proposed Section
745.102(a).
This has been done
to impart conformity of
definitions to all
of the Board’s waste disposal regulations.
The Board further notes that the entirety of the Board’s waste
disposal regulations, including the definition of waste storage,
are currently under review in a separate Board proceeding, R84—
17.
Any alteration to the current definition of waste storage
which might come about there would carry over into the instant
matter.
Accordingly,
the Board believes that
it would
be
inappropriate to propose
an alternative definition here,
particularly given that
it
is Lr4iaformed
of the desired direction
of the alternative definition.
Section 745.122:
Application Information
Items
2,
3, and
4
of the WMI comment address certain
information required be
to submitted as part of
an application,
pursuant to proposed Section 745.122.
Section 745.l22(b) would require submission of information
regarding the location and nature of all waste disposal sites
owned or operated by the applicant or at which the applicant has
served
as chief operator.
In Item
2 of
its comment WMI contends
that inclusion of this provision is contrary to
the Board’s
expressed intention of not having the regulations address
positive qualities associated with waste disposal site operators
(First Notice Opinion and Order
at
3, March 19,
1987),
The Board does
not believe that the application information
of necessity reflects on any qualities associated with waste
disposal operators, either Positively or negatively.
Rather,
the
intent of requiring the specified data is purely informationai.
The Illinois Environmental Protection Agency (“Agency”),
as the
body responsible for certifying, would need
to be apprised
of the
applicant’s background,
so as to be able
to make the most-
enlightened decision.
it seems reasonable
to the Board that this
background should include identification of the waste disposal
sites with which the applicant has had prior association.
7$-507
—3—
For these reasons, the Board will not modify the content of
proposed Section 745.122(b).
However,
the Board has noticed
in
its review of this section that the rule as proposed
is
cumbersomely contructed.
Accordingly,
the Board will make the
following modifications relative to the first notice proposal:
b)
F~
The
nan~eend address ~dent f~eat~on
of eaeh
waste d4spesa~e~teat any H!~eowned or
e~ereted~y
the
epp~4eent7or at
wI’tteh the
epp~eentserved as
ehief
epe~ator7
~
The
ne~eteend addfese of eeeh 5~tet
end
~
A
dese-r4pt-4on of the nature of the each site
and the type of waste disposed of there
(e.g.,
hazardous waste, municipal waste);
and
3)
A description of the length of and nature of
involvement with each site;
The 3rd and 4th items
in WMI’s comment address aspects of
administrative or judicial determinations which would
be required
as application information pursuant
to Section 745.122(c)
and
(d).
As regards 745.122(c), WMI points out that only final
determinations are relevant to the matter
of whether
certification is granted
or denied.
This point is well taken,
and
as a matter of clarification the Board will accordingly make
the following modification to 745.122(c)
relative
to the proposed
first notice language:
c)
A copy of any final administrative or judicial
determination.....
WMI also requests that Section 745.122(d)
be deleted.
Section 745.122(d) would require applicants
to submit information
concerning certain pending administrative or judicial
determinations.
WMI contends that,
since only final
determinations are relevant
in the decision
to grant or deny
certification, they also constitute the only relevant inquiry.
The Board disagrees.
Pending administrative or judicial
determinations serve
to identify the applicant to the Agency,
much as does
the applicant’s prior association with waste
disposal sites.
While
it
is clear, pursuant to Subpart C of the
proposed regulations, that the Agency
is not
to consider pending
administrative or judicial actions as grounds for denying an
application, this does constitute grounds sufficient
for
withholding information on pending actions.
78.508
~‘1~
Section 745.124:
Updating
of Application Information
Proposed Section 745.124 would allow the Agency to request
up to three
times a year that those holding certification provide
the Agency with information identifying
changes
in any
information required for certification.
In Item 5 of the WMI
comment
it is requested that the phrase “for good reason shown”
be inserted into this provision as a limit to the Agency’s
authority.
IMI
argues that such a limitation seems a fair
allocation of burden between the Agency and those holding
certifications of the time and effort involved.
WMI’s point here
is well
taken.
The Board will accordingly
accept the modification in concept.
However,
the Board believes
that the alternative phrase “for cause shown” is more likely to
be viewed as acceptable under
review,
and accordingly believes
this to be a more appropriate choice.
Section 745.124(a)
in
pertinent part is altered thusly:
A person who holds prior conduct certification
shall additionally, upon Agency request and for cause
shown, provide
a supplemental information report.....
Section
745.125:
Application Form Development
Proposed Section 745.125 would have the Ageny prescribe the
form in which
all application information is
to be provided.
NSWMA in item
1
of its comments requests that
the Board require
that the Agency follow the Illinois Administrative Procedures Act
(“APA”)
in developing this application
form.
Earlier drafts of the proposal
in this matter did contain a
requirement such as NSWMA here requests.
However, the Board
deleted that provision in the current version of the proposal.
All administrative agencies within the State,
the Board included,
are required to conform to the APA.
Moreover,
the Board
is not
specifically authorized by the Act or other statute
to require
conformity
to the APA.
Therefore, as the Board noted in the its
first notice Opinion,
it is outside the authority of the Board
to
order
a fellow agency
to conform to the APA (First Notice Opinion
and Order
at
8, March
19,
l98~?).
For
these reasons the Board
will retain Section 745.125 as proposed at first notice.
Section 745.126:
Incomplete Applications
The second item in NSWMA’s comment requests that a new
section be added here stating that the Agency must act within
90
days of receipt of
a complete application or the application is
deemed approved.
The Board notes that the provision requested by
NSWMA does exist at proposed Section 745.143, and
there would
be
no reason to repeat
it.
78-509
-J
The Board
in its own review of this Section notes one matter
which it believes warrants discussion.
That is, Section 745.126
provides that when an application
is determined
to be incomplete,
the applicant may deem the Agency’s action as
a denial of prior
conduct certification for purpose of administrative review.
This
deemed denied is meant to be only for purposes of administrative
review,
which thus allows the applicant to appeal the Agency’s
determination of incompleteness.
A deemed—denied application is
not intended
to be denial
of certification
in the context of the
prohibitions of Section 745.201.
To clarify this matter, the
Board will append the following sentence
to
the end of Section
745.126:
“A prior conduction 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 745.143:
Duration of Certification when Deemed—Granted
Proposed Section 745.143 would
cause
a prior conduct
certification
to be deemed granted for
a period of one year
should
the Agency fail to take final action within ninety days of
filing of
an application.
WMI contends that the one—year
duration
is not associated with any default provision identified
in Section 39(a) of the Act,
and therefore
is not justified.
The Board disagrees that there
is no justification
in
placing a limitation on
the duration of a deemed—granted
certification.
The whole purpose of having
a deemed—granted
provision is
to provide protection against failure of
a
permitting or certifying agency to act timely on
an
application.
Its purpose
is not to provide an avenue by which
review might be long or permanently circumvented.
The Board also finds support for
a limited duration of the
deemed—granted certification
in the Act, contrary to WMI’s belief
elsewise.
Section 39.1(e) provides that failure of the Agency to
timely act
on
a permit allows that “the applicant may deem the
application approved
as applied for” (emphasis added).
All
permits have
a specified duration for which the permit
is to be
applicable.
None are permanent licenses.
Thus 39.1(e)
implicitly requires that the permit be deemed issued
for only
that specified duration.
The Board continues to believe that one year
is a suitable
duration for
a deem—granted certification.
In this context, the
Board
notes that proposed Section 745.124(a)
requires an annual
supplement of the application information, an aspect of the
proposed
regulations to which WMI has not filed
an exception.
Annual supplements would therefore be required even of
an
application which has been deemed granted.
It would
thus seem
fully reasonable to have the required review of the deemed—
granted application within one year
(plus ninety days pursuant
to
745.143) of the original application filing.
78-510
Section 745.201:
Prohibition Against Continued Involvement
in
Waste Disposal Activities
Items
1 and
2 of the WMI comment,
item
4
of the NSWMA
comment,
and the Steel Group comment go to matters related
to
prohibitions.
As proposed, the regulations
prohibit, among
other
matters,
individuals who have had prior conduct certification
denied,
cancelled,
or
revoked
from owning
or operating a waste
disposal site or from serving as an employee, officer,
or
director of the owner
or operator of a waste disposal site.
WMI requests that both Sections 745.101(c)
and 745.201(c),
where
this prohibition is found, be modified by deleting
reference to “owning” and “owner”.
WMI contends that these
deletions would
be consistent with the view expressed
in the
Board’s proposed opinion on first notice that certifications
should not be required for owners of sites
(See March 19 Proposed
Opinion,
p.
13).
WMI
is correct
in its understanding that the Board does not
intend that owners be required to obtain prior conduct
certification.
The Board reached this proposed determination
based on arguments related to the costs and difficulties
associated with certifying both large numbers of owners and
owners who are other than individuals, and the view that the
intent of Section 22.5 seemingly excludes having certification
apply to other than on—site operators
(Id.).
In fact,
the regulations as proposed do not require that
owners be certified.
Rather,
the specific reference to owners in
Section 745.101(c)
and 745.201(c)
goes to an entirely different
aspect of owner involvement.
That aspect is the prohibition
against individuals continuing to participate
in the waste
disposal business after they have been denied prior conduct
certification or while they have had prior conduct certification
revoked or cancelled.
The Board believes that this provision is
consistent with the intent of Section 22.5
of having individuals
who have demonstratively poor conduct records from actively
engaging
in waste management operations.
Accordingly,
to the
extent that individuals who have failed the prior conduct “test”
may subsequently seek
to become owners of waste disposal sites,
they would be denied that ability pursuant to
the regulation as
proposed.
This whole matter may be succinctly put by noting that
owners are not required
to take the prior conduct test.
However,
having taken
the test and been found deficient,
an individual may
not continue involvement with waste disposal activities,
including ownership of waste disposal
sites.
For these reasons the Board will make no modifications of
this portion of the proposed rule.
71411
—7—
NSWMA specifically requests that all
of Section 745.201(d)
be deleted based on the view that it is too restrictive.
Section
745.201(d)
prohibits individuals who have had prior conduct
certification denied, cancelled, or
revoked from continuing
to
participate
in waste disposal activities.
The Board does not
believe that this prohibition
is too restrictive.
As the Board
noted
in its first notice Opinion, it believes that the spirit,
as well
as perhaps the letter, of Section 22.5 of the Act would
be violated
if the types of prohibitions set forth
in Section
745.201(d) were absent (First Notice Opinion and Order
at 14,
March
19,
1987).
NS~MA has presented no argument
to the
countrary.
The Board accordingly declines to delete Section
745.201(d).
The one change requested by the Steel Group goes to
a
related matter.
The Steel Group notes that
it has over the years
attempted
to employ “the disadvantaged, released convicts,
probationers,
or others who might not qualify for waste site
certification”.
The Steel
Group opines that they,
or other large
industries, might therefore hire or have
in their employ in
a
position unrelated to its waste operations “persons who either
were denied
or would not qualify for waste disposal site chief
operator
certificate”.
With the sole exception that the
individual may not be
employed as a waste disposal site chief operator,
the Board does
not see how employing
a individual who “would not qualify for
waste disposal site chief operator certificate” presents any
difficulty pursuant
to the regulations as proposed.
Such an
individual would not be exposed
to the prior conduct test even
were he employed at the company’s waste disposal
site
in other
than chief operator capacity.
Similarly,
he would not be exposed
to the prior conduct test
if employed elsewhere within
a company.
Moreover,
there is nothing within this rule which inherently
precludes a “released convict
or probationer” from obtaining
prior conduct certification.
Felony history is
a criterion upon
which the Agency may deny certification, rather than
a condition
upon which the Agency must deny certification.
The Board can
readily envision situations where
a convicted felon who has paid
his societal debt might not be barred from obtaining prior
conduct certification.
The second part of the Steel Group’s concern does raise a
question of apparent import.
That is,
should an individual who
has taken and failed
the prior conduct test be denied employment
in facets of a company’s activities unrelated to its waste
disposal operations?
The Board believes that the answer
is no.
The denial should
be constrained
to just the waste disposal activities, and any
other
reading would be contrary to the Board’s intent.
7112
Therefore, the Board will modify the
first notice language to
conform it to the intent.
The Board believes this can be done
most straightforwardly by deleting
the reference to
“employee”
in
Section 745.201(d)
and adding
a new Section 745.201(e) which
identifies the prohibition peculiar
to being
a employee.
These
changes, relative to the
first notice proposal, are as follows:
d)
No person shall serve as an em~oyeeyofficer 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.
These changes also require
a conforming modification to
Section 745.101(c), which has been made in the Order.
ORDER
The Board directs
that second notice of the following
proposed rule be submitted to the Joint Committee on
Administrative Rules:
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
75.513
—9—
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 S~asteDisposal 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.
1lll/~, pars.
1022.4(b), 1022.5 and 1027).
SOURCE:
Adopted at 11
Ill. Reg.
,
effective
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.
75.514
—10—
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.
1ll1/~ 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. ll1~ 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 the day to day, overall
operation of
a waste disposal site on a 24—hour
basis.
“Chief Operator” also means any person who
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;
“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.
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;
78415
J.
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 of 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 administrative
or judicial proceeding, which is still pending, which:
78-516
1)
Could result
in
a determination against the
application of the 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 and for cause
shown,
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.
b)
The Agency shall provide written notice via registered
or certified mail, return receipt requested,
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 written 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 by registered
or
certified mail,
return receipt requested,
that prior
conduct certification is cancelled effective upon
receipt of the notice.
78.517
—13—
d)
Any person whose prior conduct certification has been
cancelled pursuant
to subsection
(c) may reapply for
certification
at any time upon filing ofan application
pursuant to this Part.
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 conduction 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 may 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;
78-518
—14—
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)
In making
a determination to grant or deny prior conduct
certification, the Agency shall consider:
1)
The severity of the misconduct;
2)
Bow 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)
A person requesting certification has the burden of
demonstrating that the person
is entitled
to the
certification.
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
75.519
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)
In making its determination
in such action,
the Board
will consider
the 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.
78-520
~L
b
b)
The owner
or other
named permittee
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 applicant, unless the applicant demonstrates
that the applicant will
not violate Section 745.201.
71421
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.
Ac3m. 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.
IT
IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
~6’~Z
day of
_____________,
1987,
by a vote
of
~-o
.
~
Dorothy M.
unn, Clerk
Illinois Pollution Control Board
71-522
