ILLINOIS POLLUTION CONTROL BOARD

February

5,

1987

IN THE MATTER OF:

)

RCRA UPDATE,

USEPA REGULATIONS

)

R86—28

(4—1—86 THROUGH 6—30—86)

FINAL ORDER.

ADOPTED RULE.

ORDER OF THE BOARD (by

3. Anderson):

By this Order, pursuant to Section 22.4(a)

of the

Environmental Protection Act (Act), the Board

is amending

the

RCRA regulations.

On July 11,

1986 the Board opened this docket for the

purpose of updating the RCRA rules

to agree with recent USEPA

amendments.

Section 22.4(a)

of the Act governs adoption of

regulations

establishing

the RCRA program

in Illinois.

Section 22.4(a)

provides for quick adoption of regulations which are “identical

in substance’t

to federal regulations.

Neither Title VII of the

Act nor

Section

5 of the Administrative Procedure Act applies

to

rules adopted under Section 22.4(a).

Because this rulemaking

is

not subject

to Section

5

of the Administrative Procedure Act,

it

is not subject to review by the Joint Committee on Administrative

Rules

(JCAR).

The federal RCRA regulations are found at

40 CFR

260 through

270, and 280.

This rulemaking updates Illinois’ RCRA

rules to correspond with federal amendments during the period

April

1 through June 30,

1986.

The proposal appeared

at

10

Ill. Reg.

18757 and 18974,

October

31 and November

7,

1986.

The public comment period is

over.

The Board has modified the proposal

in response

to public

comment as detailed

in the accompanying Opinion.

The Board adopts the proposal as modified, and directs that

it be filed and published in the Illinois Register.

The Board

will withhold filing until

after March

6,

1987,

to allow

for

motions for reconsideration and review by the agencies involved

in the authorization process.

The complete text of the rules

is

as follows:

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

b:

PERMITS

75-326

---

—2—

Section

702.101

702.102

702.103

702.104

702.105

70 2.106

702.107

702.108

702. 109

702.110

Section

702. 120

702.121

702. 122

702.123

702.124

702.125

702.126

Applicability

Purpose and Scope

Confidentiality

References

Rulemaking

Agency Criteria

Permit Appeals

Variances

Enforcement

Definitions

Section

702.140

702.141

702.142

702.143

702.144

702. 145

702.146

702. 147

702.148

702. 149

702.150

702. 151

702. 152

702.160

702.161

702.162

702. 163

702.164

Conditions Applicable to all Permits

Duty

to Comply

Duty to Reapply

Need

to Halt or Reduce Activity Not

a Defense

Duty to Mitigate

Proper Operation and Maintenance

Permit Actions

Property Rights

Duty

to Provide Information

Inspection and Entry

Monitoring and Records

Signatory Requirements

Reporting Requirements

Establishing Permit Conditions

Duration of Permits

Schedules of Compliance

Alternative Schedules of Compliance

Recording and Reporting

SUBPART D:

ISSUED PERMITS

Section

702.181

Effect of

a Permit

PART 702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A:

GENERAL PROVISIONS

SUBPART B:

PERMIT APPLICATIONS

Permit Application

Who Applies

Completeness

Information Requirements

Recordkeeping

Continuation of Expiring Permits

Signatories to Permit Applications and Reports

SUBPART

C:

PERMIT CONDITIONS

75-327

---

—3—

702.182

Transfer

702.183

Modification

702.184

Causes

for Modification

702.185

Facility Siting

702.186

Revocation

702.187

Minor Modifications

AUTHORITY:

Implementing Section 13 and 22.4 and authorized by

Section 27 of

the Environmental Protection Act

(Ill.

Rev. Stat.

1985,

ch.

111 1/2, pars.

1013,

1022.4 and 1027).

SOURCE:

Adopted in R81—32,

47 PCB 93, at

6

Ill. Reg. 12479,

effective

as noted

in 35

Ill. Adm. Code 700.106;

amended

in R82—

19

at at,

53 PCB 131,

7

Ill. Reg. 14352, effective as noted

in 35

Ill. Adm. Code 700.106; amended

in R84—9 at

9

Ill.

Reg. 11926,

effective July 24,

1985;

amended in R85—23 at 10 Ill. Reg.

13274,

effective July 29,

1986;

amended

in R86—l

at

10

Ill. Reg.

14083,

effective August

12,

1986; amended

in R86—28 at 11

Ill.

Reg.

,

effective

SUBPART

D:

ISSUED PERMITS

Section 702.187

Minor Modifications

Upon the consent of the permittee,

the Agency may modify

a permit

to make

the corrections or allowances

for changes

in the

permitted activity listed

in this ssection, without following the

procedures of 35

Ill.

Adm. Code 705.

Any permit modification not

processed as

a minor modification under this ~Section must be

made for cause end with a35

Ill. Adm. Code 705 draft permit and

public notice as required

in See~Sections702.183 through

702.185.

Minor modifications may only:

a)

Correct typographical errors;

b)

Require more frequent monitoring or reporting by the

permittee;

c)

Change an interim compliance date in a schedule of

compliance,

provided the new date

is not more than 120

days after

the date specified

in the existing permit and

does not interfere with attainment of the final

compliance date requirement;

or

d)

Allow

for

a change

in ownership or operational

control

of

a facility where

the Agency determines that no other

change

in the permit

is necessary, provided:

1)

For RCRA only:

that

a written agreement containing

a specific date

for transfer

of permit

responsibility7 eeYefege e~

~

between the

current and new permittees has been submitted to

75-328

---

—4—

the Agency.

Changes

in the ownership or

operational control of a facility may be made only

if the owner or operator submits

a revised permit

application

no later

than 90 days prior

to the

scheduled change.

When

a transfer of ownership or

operational control of

a facility occurs,

the old

owner or operator shall comply with the

reguirements of 35

Ill. Adm Code 724.Subpart

H

(financial requirements),

until

the new owner

or

operator has demonstrated

to the Agency that the

new owner or operator

is complying with the

requirements of that Subpart.

The new owner

or

~perator

shall demonstrate compliance with the

financial assurance requirements within six months

after the date of the change

in the ownership or

~perational control of the facility.

Upon

demonstration

to the Agency by the new owner

or

operator of compliance with the financial assurance

requirements, the Agency shall notify the old owner

or operator

in writing that the old owner

or

operator no longer needs

to comply with 35

Ill.

Adni

Code 724.Subpart H as of the date of the

demonstration.

2)

For UIC only:

that

a written agreement containing

a specific date for transfer

of permit

responsibility, coverage and liability between the

current and new permittees has been submitted

to

the Agency.

e)

For RCRA only:

1)

Change the lists of facility emergency coordinators

or equipment

in the permit’s contingency plan;

or

2)

A)

Change estimates of maximum inventory under

35

Ill. Adm. Code 724.2l2(a)(2);

B)

Change estimates of expected year

of closure

or

schedules for final closure under 35 Ill.

Adm. Code 724.2l2(a)(4);

or

C)

Approve periods longer than 90 days or 180

days under

35

Ill. Adm. Code 724.213(a)

and

(b).

3)

Change the

ranges of

the operating requirements set

in the permit

to reflect the results

of the trial

burn,

provided that the change

is minor.

75-329

---

—5—

4)

Change the operating requirements set in the permit

for conducting a trial burn, provided that the

change

is minor.

5)

Grant one extension of the time period for

determinatirig operational readiness following

completion of construction,

for up to 720 hours

operating time for treatment of hazardous waste.

6)

Change

the treatment program requirements for land

treatment units under

35

Ill. Adm. Code 724.371

to

improve treatment of hazardous constituents,

provided that the change is minor.

7)

Change any conditions specified

in the permit for

land treatment units

to reflect the results of

field tests

or laboratory analyses used

in making

a

treatment demonstration

in accordance with 35 Ill.

Adm. Code 703.230, provided that the change

is

minor.

8)

Allow

a second treatment demonstration for land

treatment

to be conducted when the results of the

first demonstration have not shown the conditions

under which the waste or wastes can be treated

completely as required by 35

Ill. Adm. Code

724.372(a),

provided the conditions

for the second

demonstration are substantially the same as the

conditions

for the first demonstration.

f)

For UIC only:

1)

Change quantities or types of fluids injected which

are within the capacity of the facility as

permitted and,

in the judgment of the Agency,

would

not interfere with the operation of the facility or

its ability to meet conditions described in the

permit and would not change its classification.

2)

Change construction requirements approved by the

Agency pursuant to 35

Ill.

Adm. Code 704.182

(establishing UIC permit conditions), provided that

any such alteration shall comply with the

requirements

of this part and

35

Ill.

Adni.

Code 704

and 730.

3)

Amend a plugging and abandonment plan which has

been updated under 35 Ill.

Adrn.

Code 704.181(e).

(Board Note:

See 40 CFR ~~7l44.4l

and

270.42).

(Source:

Amended

at

11

Ill. Reg.

effective

75-330

---

—6—

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER b:

PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A:

GENERAL PROVISIONS

Section

703.120

703.121

703.122

703.123

703.124

703.125

703.126

703.127

Prohibitions

in General

RCRA Permits

Specific Inclusions

in Permit Program

Specific Exclusions from Permit Program

Discharges of Hazardous Waste

Reapplications

Initial Applications

Federal Permits

(Repealed)

SUBPART C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140

703.141

703.150

703.151

703.152

703.153

703. 154

703.155

703.156

703.157

703.158

Purpose and Scope

Permits by Rule

Application by Existing HWM Facilities and Interim

Status Qualifications

Application by New HWM Facilities

Amended Part A Application

Qualifying

for Interim Status

Prohibitions During Interim Status

Changes During Interim Status

Interim Status Standards

Grounds for Termination of

Interim Status

Permits for Less Than an Entire Facility

SUBPART

D:

APPLICATIONS

Section

703.100

703.101

703.110

Scope and Relation to Other Parts

Purpose

References

SUBPART

B:

PROHIBITIONS

Section

703. 180

703.181

703.182

703.183

703.184

Applications

in General

Contents

of Part A

Contents of Part B

General Information

Facility Location Information

75-331

---

—7—

Information

SUBPART

E:

SHORT TERM AND PHASED PERMITS

Section

703.221

703.222

703.223

703.224

703.225

703. 230

703.231

Emergency Permits

Incinerator Conditions Prior

to Trial Burn

Incinerator Conditions During Trial Burn

Incinerator Conditions After Trial Burn

Trial

Burns

for Existing Incinerators

Land Treatment Demonstration

Research, Development and Demonstration Permits

SUBPART

F:

PERMIT CONDITIONS

Establishing Permit Conditions

Noncompliance Pursuant to Emergency Permit

Monitoring

Notice of Planned Changes

Release or Discharge Reports

Reporting Requirements

AUTHORITY:

Implementing Section 22.4 and authorized by Section

27 of the Environmental Protection Act

(Ill. Rev. Stat.

1985,

ch.

111 1/2, pars.

1022.4 and 1027).

SOURCE:

Adopted

in R82—l9,

53 PCB 131, at

7

Ill.

Reg.

14289,

effective October

12,

1983; amended

in R83—24 at

8

Ill. Reg.

206,

effective December

27,

1983; amended

in R84—9 at

9

Ill.

Reg.

11899, effective July 24,

1985;

amended in R85—23

at

10

Ill.

Reg.

13284, effective July 29, 1986;

amended in R86—l

at 10

Ill. Reg.

14093, effective August 12,

1986;

amended in R86—l9 at 10

Ill.

Reg.

20702, effective December

2, 1986;

amended

in R86—28 at 11

Ill. Reg.

,

effective

SUBPART C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.155

Changes During Interim Status

a)

New hazardous wastes not previously identified

in Part A

of the permit application may be treated, stored

or

703.185

703.186

703.200

703.201

703.202

703.203

703.204

703.205

703. 206

703.207

Groundwater Protection

Exposure Information

Specific Information

Containers

Tanks

Surface Impoundments

Waste Piles

Incinerators

Land Treatment

Landfills

Section

703.241

70 3. 242

703.243

703.244

703. 245

703.246

75-332

---

—8—

disposed of at

a facility

if the owner

or operator

submits a revised Part A permit application prior to

such

a change;

b)

Increases in the design capacity of processes used at a

facility may be made if the owner

or operator submits

a

revised Part A permit application prior

to such a change

(along with

a justification explaining the need for the

change)

and the Agency approves the change because of

a

lack of available treatment, storage or disposal

capacity at other hazardous waste management facilities;

C)

Changes in the processes for the treatment, storage or

disposal

of hazardous waste may be made at a facility or

additional processes may be added

if the owner or

operator submits

a revised Part A permit application

prior

to such

a change (along with

a justification

explaining the need for change)

and the Agency approves

the change because:

1)

It

is necessary to prevent

a threat to human health

or the environment because of an emergency

situation; or

2)

It

is necessary to comply with Federal and State

regulations, including 35 Ill. Adm. Code 725;

d)

Changes in the ownership or operational control of a

facility may be made if the new owner or operator

submits

a revised Part A permit application no later

than 90 days prior

to the scheduled change.

When a

transfer of ownership or operational control

of

a

facility occurs,

the old owner or operator shall comply

with the requirements of 35

Ill. Adm. Code 725, Subpart

H

(financial requirements),

until the new owner

or

operator has demonstrated

to the Agency that

it

is

complying with the requirements of that Subpart.

The

new owner

or operator shall demonstrate compliance with

the financial assurance requirements within six months

after

the date

of the change

in the ownership or

operational control of the facility.

Upon demonstration

to the Agency by the new owner or operator of compliance

with the financial assurance requirements,

the Agency

shall notify the old owner

or operator in writing that

the old owner or operator no longer needs to comply with

35

Ill.

Adin Code 725.Subpart

H

as

of the date of

demonstration.

All other interim status duties are

transferred effective immediately upon the date of the

change of ownership or operational control of the

facility~ Upe~~emer~s~fe~e1’1~e ~i’teA~e~tey~y ~e

i’~ew

ew~e~e~e~e~e~e~

e~eemp~ar~eew4~h~the~St~paf~7~e

~ertey e1~eHme4~y4he e~ ew~efef epe~e~ef4I~wft~4~g

75-333

---

—9—

4~et4~~e ~et~e~ ~ee~s ~e ee~~~y

w~h4~e~Pet~~

es

~i~e~

e~~emeb~e4~±et~

e)

In no event shall changes be made to an HWM facility

during interim status which amount

to reconstruction of

the facility.

Reconstruction occurs when the capital

investment in the changes

to the facility exceeds fifty

percent of the capital cost of a comparable entirely new

HWM facility.

(Board Note:

See 40 CFR

~~+e+270.72.)

(Source:

Amended at 11

Ill.

Reg.

effective

)

SUBPART D:

APPLICATIONS

Section 703.183

General Information

The following information

is required in the Part B application

for

all HWM facilities, except as 35

Ill. Adm. Code 724.101

provides otherwise:

a)

A general description of the facility;

b)

Chemical and physical analyses of the hazardous wastes

to be handled at the facility.

At

a minimum,

these

analyses shall contain all the information which must be

known to treat, store or dispose of the wastes properly

in acc,ordance with 35 Ill. Adm. Code 724;

c)

A copy of

the waste analysis plan required by 35 Ill.

Adm. Code 724.113(b)

and,

if applicable,

35

Ill. Mm.

Code 724.113(c);

d)

A description of the security procedures and equipment

required by 35

Ill. Adm. Code 724.114, or

a

justification demonstrating the reasons for requesting

a

waiver

of this requirement;

e)

A copy of the general inspection schedule required by

35

Ill. Adm. Code 724.115(b).

Including, where applicable,

as part of the inspection schedule, specific

requirements

in

35

Ill. Adm. Code 724.274, 724.294,

724.326, 724.354, 724.373 and 724.403;

f)

A justification of any request for

a waiver(s)

of the

preparedness and prevention requirements of 35

Ill. Mm.

Code 724.Subpart

C;

g)

A

COPY

of

the contingency plan required by 35

Ill. Adm.

Code 724.Subpart

D;

75-334

---

—10—

(Board Note:

Include, where applicable,

as part of the

contingency plan,

specific requirements in 35 Ill. Adm.

Code 724.327 and 724.355.

35 Ill. Adm. Code 724.355 has

not yet been adopted.)

h)

A description of procedures,

structures or equipment

used at the facility to:

1)

Prevent hazards

in unloading operations

(for

example,

ramps, special forklifts);

2)

Prevent runoff from hazardous waste handling areas

to other areas of the facility or environment,

or

to prevent flooding (for example, berms, dikes,

trenches);

3)

Prevent contamination of water supplies;

4)

Mitigate effects of equipment failure and power

outages;

and

5)

Prevent

undue exposure of personnel to hazardous

waste

(for example, protective clothing);

i)

A description of precautions

to prevent accidental

ignition or reaction of ignitable,

reactive or

incompatible wastes as required to demonstrate

compliance with

35

Ill. Adm. Code 724.117 including

documentation demonstrating compliance with 35

Ill. Adm.

Code 724.117(c);

j)

Traffic pattern,

estimated volume

(number, types of

vehicles) and control

(for example, show turns across

traffic lanes and stacking lanes

(if appropriate);

describe access road surfacing and load bearing

capacity; show traffic control signals);

k)

Facility location information as

required by Section

703.184;

1)

An outline of both the introductory and continuing

training programs by owners or operators to prepare

persons to operate or maintain the HWM facility in

a

safe manner as required to demonstrate compliance with

35 ill. Adm. Code 724.116.

A brief description of how

training will be designed

to meet actual

job tasks

in

accordance with requirements

in 35

Ill. Adm. Code

724.116(a) (3);

m)

A copy of the closure plan and, where applicable,

the

post—closure plan required by 35

Ill. Adm. Code 724.212

and 724.218.

Include where applicable,

as part of the

75-335

---

—11—

plans,

specific requirements

in 35

Ill. Adm. Code

724.278, 724.297, 724.328, 724.358, 724.380, 724.410 and

724.451;

n)

Fe~ex~~

e~4es7 ~eeuMe~4e~e1~ ~tha~a i’~e~4ee+~ea

~ee~ p~eee~

4n ~e

seed e~

pfep~etee~efns~e

as

~y ~5

~

A~m- ?ede

4~~O~For

hazardous waste disposal units that have been closed,

documentation that notices

required under 35 Ill.

Adrn

Code 724.219 have been fi1ed~

0)

The most recent closure cost estimate for the facility

prepared

in accordance with 35

Ill. Adm. Code 724.242

a eapy e~~A’te

and

a copy of the documentation

required to demonstrate financial assurance meet~s~

e~ep~e~

t~

ee~np~4eneew4~ under

35

Ill.

Adin. Code

724.243.

For

a new facility,

a copy of the required

documentation may be submitted 60 days prior

to the

intitial receipt of hazardous wastes,

if it

is later

than the submission of

the Part B

p)

Where applicable, the most recent post—closure cost

estimate for

the facility prepared

in accordance with 35

Ill.

Adrn. Code 724.244 plus a copy of the documentation

required to demonstrate financial assurance Mee~a~4em

e~ep~e~

~

ee p~4e~eew*~tunder

35

Ill. Adm. Code

724.245;

For

a new facility,

a copy of the required

documentation may be submitted

60 days prior to the

intitial receipt

of hazardous wastes,

if

it

is later

than the submission of the Part B

q)

Where applicable,

a copy of the insurance policy or

other documentation which comprises compliance with the

requirements of

35

Ill. Adm. Code 724.247.

For

a new

facility, documentation showing the amount of insurance

meeting the specification of

35

Ill.

Adrn. Code

724.247(a)

and,

if applicable,

35 Ill.

Adm. Code

724.247(b), that the owner

or operator plans to have

in

effect before initial receipt of hazardous waste

for

treatment, storage

or disposal.

A request for an

alternative level of required coverage,

for

a new or

existing facility, may be submitted as specified

in 35

Ill. Adm. Code 724.247(c);

s)

A topographic map showing

a distance of 1000 feet around

the facility at

a scale of 2.5 centimeters

(1

inch)

equal

to not more than 61.0 meters

(200

feet).

Contours

must be shown on the map.

The contour interval must be

sufficient

to clearly show the pattern of surface water

flow

in the vicinity of and from each operational unit

of the facility.

For example, contours with an interval

of 1.5 meters

(5 feet),

if relief

is greater than 6.1

75-336

---

—12—

meters

(20

feet),

or an interval of 0.6 meters

(2 feet),

if relief

is less than 6.1 meters

(20 feet).

Owners and

operators of

HWM

facilities located

in mountainous areas

should use larger contour

intervals to adequately show

topographic profiles of facilities.

The map shall

clearly show the following:

1)

Map scale and date;

2)

100—year floodplain area;

3)

Surface waters including intermittent streams;

4)

Surrounding land uses (residential, commercial,

agricultural, recreational);

5)

A wind rose

(i.e., prevailing windspeed and

direction);

6)

Orientation of the map

(north arrow);

7)

Legal boundaries

of the HWM facility site;

8)

Access control

(fences, gates);

9)

Injection and withdrawal wells both on—site and

off—site;

10)

Buildings;

treatment, storage or disposal

operations;

or other structures (recreation areas,

runoff control systems,

access and internal roads,

storm, sanitary and process sewage systems, loading

and unloading areas, fire control facilities,

etc.);

11)

Barriers for drainage

or flood control;

12)

Location of operational units within the HWM

facility site, where hazardous waste is

(or will

be)

treated, stored

or disposed

(include equipment

cleanup areas);

(Board Note:

For large HWM facilities,

the Agency

will allow the use of other scales on a case by

case basis.)

t)

Applicants may be required to submit such information as

may be necessary to enable the Agency

to determine

whether

a permit should be issued and what conditions to

impose

in any permit issued.

(Board Note:

See 40 CFR 270.14(b).)

75-337

---

—13—

(Source:

Amended at

11

Ill. Reg.

effective

)

75-338

---

—14—

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.

1985,

ch.

111 1/2, 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 R8l—22,

45 PCB 317, at

6

Ill. Reg.

4828,

effective as

noted

in 35 Ill. Adm. Code 700.106; amended

in R82—l9 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,

1986; amended

in R86—

75-339

---

—15—

19

at 10 Ill. Reg.

20630,

effective December

2,

1986;

amended in

R86—28 at 11

Ill.

Reg.

,

effective

SUBPART B:

DEFINITIONS

Section 720.110

Definitions

When used

in 35

Ill. Adm. Code 720 through 725 only, the

following terms have the meanings given below:

“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.

Seet4et~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

his designee.

“Agency” means

the Illinois Environmental Protection

Agency.

“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

75-340

---

—16—

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

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.

“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”.)

“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.

75-341

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—17—

“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.

“Designated facility” means

a hazardous waste treatment,

storage

or disposal facility which has received an EPA

permit

(or a facility with interim status)

in accordance

with the requirements of 40 CFR 270 and 124 or

a permit

from a state authorized in accordance with 40 CFR 271,

or that is regulated under

40 CFR 26l.6(c)(2)

or

40 CFR

266.Subpart

F or

35

Ill. Adm. Code 72l.l06(c)(2) or

726.Subpart F and that has been designated on the

manifest by the generator pursuant to 35 Ill. Adm. Code

722.120.

“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 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.

“Elementary neutralization unit”

means

a device which:

Is used

for neutralizing wastes which are hazardous

wastes only because they exhibit the corrosivity

characteristic defined in 35 Ill. Adm. Code 721.122

or are listed in 35

Ill. Mm. Code 721.Subpart

D

only

for

this reason;

and

Meets

the definition of tank,

container, transport

vehicle or vessel

in Section 720.110.

75-342

---

—18—

“EPA” means United States Environmental Protection

Agency.

“EPA hazardous waste number” means the number assigned

by EPA

to each hazardous waste listed in 35 Ill. Adm.

Code 721.Subpart D and to each characteristic identified

in 35

Ill. Adm. Code 721.Subpart C.

“EPA 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, Connecticut and Rhode Island

Region II:

New York, New Jersey, Commonwealth of

Puerto Rico and the U.S. Virgin Islands

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. 12 0.

“Existing hazardous waste management

(HWM)

facility” or

“existing facility” means

a facility which was in

75-343

---

—19—

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.

“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. Mm.

Code 724 and

725 are no longer conducted at the facility unless

subject

to the provisions of

35

Ill. Mm

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.

75-344

---

—20—

“Freeboard” means the vertical distance between the top

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 liklihood of

mixing hazardous waste constituents

in the same area.

Examples of hazardous waste management units include

a

surface impoundment,

a waste yile,

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 using controlled

flame combustion which

is neither

a “boiler” nor an

“industrial

furnace”

“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

75-345

---

—21—

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.

Adrn.

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 controlled flame devices 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

ax~dfoundry 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

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;

75-346

---

—22—

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.

“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

p1aced~insidea tank or container which protects the

construction materials of the tank or container from the

contained waste or reagents used

to treat the waste.

“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 land treatment facility,

a surface

impoundment

or an injection well.

“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.

75-347

---

—23—

“Leachate” means any liquid, including any suspended

components

in the liquid, that has percolated through or

drained from hazardous waste.

“Liner” means 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.

“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.

“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”.)

“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:

75-348

---

—24—

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 ~seeete

pee~

a ~ae4~-i~yhazardous 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 4eer~e~~t7

a

~

epeea~et’t7a ~

ee~

a ptt7 w!~t~e

e~thee~

e~the same ~ee4~4ty

eet~t~e~

e~eret4et~e~wi4~~e ~eee~

4i”~ eperat-~oi’~4r~

the ~ture7tank

(including

its associated piping and

underlying containment systems), landfill cell, surface

impoundment, waste pile or other hazardous waste

mana~ementunit, while other units

of the same facilit~y

continue

to operate.

“Person” means 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.

“Point source” means any discernible, confined and

discrete conveyance including,

but not limited

to, any

pipe,

ditch, channel,

tunnel, conduit, well, discrete

75-349

---

—25—

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” means any

device or system used in the treatment

(including

recycling and reclamation)

of municipal sewage

or

industrial wastes of

a liquid nature which

is owned by a

“state”

or “municipality”

(as defined by Section 502(4)

of the Clean Water

Act

(33 U.S.C.

1362(4)).

This

definition includes sewers, pipes

or other conveyances

only

if they convey wastewater

to a POTW providing

treatment.

“Regional Administrator” means the Regional

Administrator

for the EPA Region in which the facility

is located or his 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.

“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.

75-350

---

—26—

“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.

“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.

“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” means

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.

75-351

---

—27—

“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.

“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, amenable

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 dimension.

(See also

“injection well”.)

“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.

“Unsaturated

zone” or

“zone of aeration” means the zone

between the land surface and the water table.

“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.

“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 is

subject

to regulation under either Section 402 or

Section 307(b)

of the Clean Water Act (33 U.S.C.

1342 or 1317(b)); and receives and treats

or stores

an influerit wastewater which

is a hazardous waste

75.352

---

—28—

as defined

in 35 Ill. 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 which

is

a hazardous

waste as defined

in 35 Ill. Adm. Code 721.103;

and

Meets the definition of tank in

35 Ill.

Adm. Code

720.110.

“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”).

(Source:

Amended at 10

Ill Reg.

effective

75.353

---

—29—

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

Purpose of

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

SUPBART

B:

CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721 .110

721.111

Section

721.130

721.131

721.132

721.133

Criteria for Identifying

the Characteristics of

Hazardous Waste

Criteria for Listing Hazardous Waste

SUBPART

C:

CHARACTERISTICS OF HAZARDOUS WASTE

General

Characteristics of Ignitability

Characteristics of Corrosivity

Characteristics of Reactivity

Characteristics of EP Toxicity

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

Appendix A

Appendix B

Appendix

C

Table A

Representative Sampling Methods

EP Toxicity Test Procedures

Chemical Analysis Test Methods

Analytical Characteristics of Organic Chemicals

SUBPART A:

GENERAL PROVISIONS

Section

721.101

721.102

721 .103

721.304

721.105

721.106

721.107

Section

721.120

721 .121

721.122

721.123

721.124

75-354

---

—30—

(Repealed)

Table B

Analytical

Characteristics of

Inorganic Species

(Repealed)

Table C

Sample Preparation/Sample Introduction Techniques

(Repealed)

Appendix G

Basis

for Listing Hazardous Wastes

Appendix H

Hazardous Constituents

Appendix

I

Wastes Excluded under Section 720.120 and 720.122

Table A

Wastes Excluded from Non—Specific Sources

Table B

Wastes Excluded from Specific Sources

Table C

Wastes Excluded from Commercial Chemical Products,

Off—Specification Species, Container Residues, and

Soil Residues Thereof

Appendix J

Method of Analysis for Chlorinated Dibenzo-p—

Dioxins and Dibenzofurans

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.

1985,

ch.

111 1/2, pars.

1022.4 and 1027).

SOURCE:

Adopted

in R8l—22,

43 PCB 427, at

5

Ill. Reg. 9781,

effective as noted in 35

Ill. Mm.

Code 700.106;

amended and

codified in R8l—22,

45 PCB 317, at

6

Ill. Reg.

4828, effective as

noted in 35

Ill. Adm. Code 700.106; amended

in R82—18,

51 PCB 31,

at

7

Ill. Reg.

2518, effective February 22,

1983; amended

in R82—

19,

53 PCB 131, at

7

Ill. Reg. 13999, effective October 12, 1983;

amended

in R84—34,

61 PCB

247, at

B

Ill.

Reg.

24562, effective

December 11,

1984; amended in R84—9,

at 9

Ill.

Reg.

11834,

effective July 24,

1985;

amended

in R85—22

at. 10

Ill.

Reg.

998,

effective January

2, 1986; amended

in R85—2 at 10

Ill. Reg.

8112,

effective May

2,

1986; amended

in R86—l at 10 Ill. Reg.

14002,

effective August 12,

1986;

amended in R86—l9 at 10 Ill. Reg.

20647, effective December

2,

1986;

amended

in R86—28 at 11

Ill.

Reg.

,

effective

SUBPART

D:

LISTS OF HAZARDOUS WASTES

Section 721.132

Hazardous Waste from Specific Sources

The following solid wastes are listed hazardous wastes from

specific sources unless they are excluded under 35

Ill. Adm. Code

720.120 and 720.122 and listed

in Appendix

I.

Industry and

EPA Hazardous

Hazardous Waste

Hazard Code

Waste No.

75-355

---

—31—

Wood Preservation:

KOOl

Bottom sediment sludge from the treatment

(T)

of wastewaters from wood preserving processes that

use creosote and/or pentachiorophenol.

Inorganic Pigments:

K002

Wastewater treatment sludge from the

(T)

production of chrome yellow and orange pigments.

K003

Wastewater treatment sludge from the

(T)

production of molybdate orange pigments.

K004

Wastewater treatment sludge from the

(T)

production

of zinc yellow pigments.

K005

Wastewater treatment sludge from the

(T)

production of chrome green pigments.

K006

Wastewater treatment sludge from the

(T)

production of chrome oxide green pigments

(anhydrous and hydrated).

K007

Wastewater treatment sludge from the

(T)

production of iron blue pigments.

K008

Oven residue from the production

of chrome

(T)

oxide green pigments.

Organic Chemicals:

K009

Distillation bottoms

from the production of

(T)

acetaldehyde from ethylene.

KOlO

Distillation side cuts from the production of

(T)

acetaldehyde

from ethylene.

KOll

Bottom stream from the wastewater stripper

in

(R,T)

the production of acrylonitrile.

K0l3

Bottom stream from the acetrontrile column

(T)

in the production of acrylontrile.

K0l4

Bottoms from the acetontrile purification

(T)

column in the production of acrylonitrile.

K0l5

Still bottoms

from the distillation of benzyl

(T)

chloride.

K0l6

Heavy ends or distillation residues from the

(T)

production of carbon tetrachloride.

K0l7

Heavy ends

(still bottoms)

from the

(T)

purification column in the production of

epichlorohydrin.

K0l8

Heavy ends from the fractionation column in

(T)

ethyl chloride production.

K0l9

Heavy ends from the distillation of ethylene

(T)

dichioride

in ethylene dichloride production.

K020

Heavy ends from the distillation of vinyl

(T)

chloride

in vinyl chloride monomer production.

K021

Aqueous spent antimony catalyst waste

from

(T)

fluoromethanes production.

75-356

---

—32—

K022

Distillation bottom tars from the production

(T)

of phenol/acetone from cumene.

K023

Distillation light ends from the production

(T)

of phthalic anhydride from naphthalene.

K024

Distillation bottoms from the production of

(T)

phthalic anhydride from naphthalene.

K093

Distillation light ends from the production

(T)

of phthalic anhydride from ortho—xylene.

K094

Distillation bottoms from the production

(T)

of phthalic anhydride from ortho—xylene.

K025

Distillation bottoms from the production

(T)

of nitrobenzene by the nitration of benzene.

K026

Stripping still tails from the production of

(T)

methyl ethyl pyridines.

K027

Centrifuge and distillation residues from

(R,T)

toluene diisocyanate production.

K028

Spent catalyst from the hydrochlorinator

(T)

reactor

in the production of 1,1,1—trichioroethane.

K029

Waste from the product stream stripper

in

(T)

the production of 1,l,l—trichloroethane.

1(095

Distillation bottoms from the production of

(T)

1,1 ,l—trichloroethane.

K096

Heavy ends from the heavy ends column from

(T)

the production of l,1,1—trichloroethane.

1(030

Column bottoms or heavy ends from the

(T)

combined production of trichloroethylene and

perchloroethylene.

K083

Distillation bottoms from aniline production.

(T)

Kl03

Process residues from aniline extraction

(T)

from the production of aniline.

Kl04

Combined wastewater streams generated from

(T)

nitrobenzene/aniline production.

K085

Distillation or fractionation column bottoms

from the production of chlorobenzenes.

1(105

Separated aqueous stream from the reactor

(T)

product washing step in the production of

chlorobenzenes.

Klll

Product wastewaters from the production

of

(C,T)

dinitrotoluene via nitration of toluene.

Kll2

Reaction by—product water from the drying

(T)

column in the production of toluenediamine via

hydrogenation of dinitrotoluene.

Kll3

Condensed liquid light ends from the

(T)

purification of toluenediamine in the production of

toluenediamine via hydrogenation of dinitroluene.

Kll4

Vicinals from the purification of toluene—

(T)

diamine

in the production of toluenediamine via

hydrogenation of dinitrotolune.

1(115

Heavy ends from the purification of

(T)

toluenediamine in the production of toluenediamine via

hydrogenation of dinitrotoluene.

75-357

---

—33—

1(116

Organic condensate from the solvent recovery

(T)

column

in the production of toluene diisocyanate via

phosgenation of toluenediamine.

1(117

Wastewater from the reactor vent gas scrubber

(T)

in

the

production

of ethylene dibromide via

bromination

of

ethene.

1(118

Spent adsorbent solids from purification of

(T)

ethylene

dibromide

in

the

production

of

ethylene

dibromide

via

bromination

of

ethene.

1(136

Still bottoms from the purification of

(T)

ethylene dibromide in the production of ethylene

dibromide via bromiriation of ethene.

Inorganic

Chemicals:

K07l

Brine

purification

muds

from

the

mercury

(T)

cell process

in chlorine production, where

separately prepurified brine

is not used.

1(073

Chlorinated hydrocarbon waste from the

(T)

purification step of the diaphragm cell process

using graphite anodes

in chlorine production.

1(106

Wastewater treatment sludge from the mercury

(T)

cell process

in chlorine production.

Pesticides:

1(031

By—product salts generated

in

the

production

(T)

of MSMA and cacodylic acid.

1(032

Wastewater treatment sludge from the

(T)

production of chlordane.

1(033

Wastewater and scrub water from the

(T)

chlorination of cyclopentadiene

in the production

of chlordane.

K034

Filter solids from the filtration of

(T)

hexachlorocyclopentadiene

in

the

production

of

chlordane.

K097

Vacuum stripper discharge from the chlordane

(T)

chlorinator

in the production of chlordane.

K035

Wastewater treatment sludges generated in the

(T)

production of creosote.

1(036

Still bottoms from toluene reclamation

(T)

distillation in the production of disulfoton.

K037

Wastewater treatment sludges from the

(T)

production of disulfoton.

1(038

Wastewater

from the washing and stripping of

(T)

phorate production.

1(039

Filter cake from the filtration of

(T)

diethylphosphorodithioic acid

in the production of

phorate.

1(040

Wastewater treatment sludge

from the

(T)

production of phorate.

75-358

---

—34—

1(041

Wastewater treatment sludge

from the

(T)

production of toxaphene.

K098

Untreated process wastewater from the

(T)

production of toxaphene.

K042

Heavy ends or distillation residues from the

(T)

distillation of tetrachlorobenzene in the

production of 2,4,5—T.

1(043

2,6—Dichlorophenol waste from the production

(T)

of 2,4—D.

1(099

Untreated wastewater from the production

(T)

of 2,4—D.

Explosives:

1(044

Wastewater treatment sludges from the

(R)

manufacturing

and

processing

of explosives.

1(045

Spent carbon from the treatment of wastewater

(R)

containing explosives.

1(046

Wastewater

treatment sludges from the

CT)

manufacturing,

formulation

and

loading

of

lead—

based

initiating

compounds.

1(047

Pink/red

water

from

TNT

operations.

(R)

Petroleum

Refining:

K048

Dissolved

air

flotation

(DAF)

float

from the

(T)

petroleum refining

industry.

1(049

Slop oil emulsion solids from the petroleum

CT)

refining

industry.

K050

Heat exchanger bundle cleaning sludge from

(T)

the petroleum

refining industry.

K05l

API separator sludge from the petroleum

(T)

refining industry.

K052

Tank bottoms (leaded)

from the petroleum

(T)

refining industry.

Iron and Steel:

1(061

Emission control dust/sludge from the primary

(T)

production of steel

in electric furnaces.

K062

Spent pickle liquor ~ee~generated by steel

(C,T)

finishing operations

of plants that produce iron and

steel.

Secondary Lead:

K069

Emission control dust/sludge from secondary

(T)

lead smelting.

1(100

Waste leaching solution from acid leaching

(T)

of emission control dust/sludge from secondary lead

smelting.

75.359

---

—35—

Veterinary Pharmaceuticals:

1(084

Wastewater treatment sludges generated

(T)

during

the production of veterinary pharmaceuticals

from arsenic or organo—arsenic compounds.

Kl01

Distillation tar residues from the distillation

(T)

of

aniline—based

compounds

in

the

production

of

veterinary pharmaceuticals from arsenic or

organoarsenic

compounds.

Kl02

Residue from use of activated carbon for

(T)

decolorization in the production of veterinary

pharmaceuticals from arsenic or organo—arsenic

compounds.

Ink Formulation:

1(086

Solvent washes and sludges, casutic washes

(T)

and sludges,

or water washes and sludges from

cleaning tubs and equipment used

in the formulation

of

ink

from pigments, driers,

soaps and stabilizers

containing chromium and lead.

Coking:

1(060

Ammonia still

lime sludge from coking

(T)

operations.

K087

Decanter tank tar sludge from coking

(T)

operations.

(Source:

Amended

at

11 Ill. Reg.

effective

75.360

---

—36—

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

Section

724.101

Purpose, Scope and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B:

GENERAL FACILITY STANDARDS

Section

724.110

Applicability

724.111

Identification Number

724.112

Required Notices

724.113

General Waste Analysis

724.114

Security

724.115

General

Inspection Requirements

724.116

Personnel Training

724.117

General Requirements for

Ignitable, Reactive or

Incompatible Wastes

724.118

Location Standards

SUBPART C:

PREPAREDNESS AND PREVENTION

Section

724.130

Applicability

724.131

Design and Operation of Facility

724.132

Required Equipment

724.133

Testing and Maintenance

of Equipment

724.134

Access

to Communications or Alarm System

724.135

Required

Aisle

Space

724.137

Arrangements With Local Authorities

SUBPART D: CONTINGE~NCYPLAN

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

75-361

---

—37—

SUBPART

E:

MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Applicability

Use of Manifest System

Manifest Discrepancies

Operating

Record

Availability, Retention and Disposition of Records

Annual Report

TJnmanifested 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

725.197

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

Section

724. 210

724.211

724.212

724.213

724.214

724.215

724.216

724.217

724.218

724.219

724.220

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

arid Use of

Property

Post—closure Plan; Amendment of Plan

Post-closure NoticesNet~eee~beee~1~et’~dA~the~4ty

Certification of Completion of Post—clorure

CareNet~ee

~ri Beed to Peepeety

SUBPART

H:

FINANCIAL REQUIREMENTS

Applicability

Definitions of Terms As Used

In This Subpart

Cost Estimate for Closure

Financial Assurance

for Closure

Cost Estimate for Post—Closure Care

Section

724.170

724.171

724.172

724.173

724.174

724.175

724.176

724.177

Section

724. 240

724.241

724.242

724.243

724.244

75-362

---

—38—

724.245

Financial Assurance for Post—Closure Care

724.246

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

SUBPART

I:

USE

AND

MANAGEMENT

OF

CONTAINERS

Section

724.270

Applicability

724.271

Condition of Containers

724.272

Compatibility of Waste With Container

724.273

Management of Containers

724.274

Inspections

724.275

Containment

724.276

Special Requirements for

Ignitable or

Reactive Waste

724.277

Special Requirements

for Incompatible Wastes

724.278

Closure

SUBPART J:

TANKS

Section

724.290

Applicability

724.291

Design

of

Tanks

724.292

General Operating Requirements

724.294

Inspections

724.297

Closure

724.298

Special

Requirements

for

Ignitable

or Reactive Waste

724.299

Special Requirements for Incompatible

Wastes

724.300

Special Requirements for Hazardous Wastes F020, F021,

F022, F023, F026 and F027

SUBPART K:

SURFACE IMPOUNDMENTS

Secti~n

724.321

Applicability

724.321

Design and Operating Requirements

724.322

Double—lined Surface Impoundments:

Exemption from

Subpart

F:

Groundwater

Protection

Requirements

(Repealed)

724.326

Monitoring and Inspection

724.327

Emergency Repairs; Contingency Plans

724.328

Closure and Post—Closure Care

724.329

Special

Requirements

for

Ignitable

or

Reactive

Waste

724.330

Special Requirements

for Incompatible

Wastes

724.331

Special Requirements for Hazardous Wastes F020, F02l,

F022,

F023, F026 and F027

SUBPART

L:

WASTE PILES

75-363

---

—39—

Applicability

Design and Operating Requirements

Double—lined Piles:

Exemption from Subpart F:

Groundwater Protection Requirements

(Repealed)

Inspection of Liners:

Exemption from Subpart F:

Groundwater Protection Requirements

(Repealed)

Monitoring and Inspection

Special Requirements for Ignitable or Reactive Wast

Special Requirements for Incompatible Wastes

Closure and Post—Closure Care

Special Requirements for Hazardous Wastes F020,

F022,

F023, P026 and P027

SUBPART M:

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,

P021,

P022,

P023, F026 and F027

SUBPART N:

LANDFILLS

Section

724.400

Applicability

724.401

Design

and

Operating

Requirements

724.402

Double—lined

Landfills:

Exemption

from Subpart F:

Groundwater Protection Requirements (Repealed)

724.403

Monitoring

and

Inspection

724.409

Surveying and Recordkeeping

724.410

Closure and Post—Closure Care

724.412

Special Requirements for Ignitable or Reactive Waste

724.413

Special Requirements for Incompatible Wastes

724.414

Special Requirements

for

Bulk and Containerized

Liquids

724.415

Special Requirements for Containers

724.416

Disposal of Small Containers of Hazardous Waste

in

Overpacked

Drums

(Lab

Packs)

724.417

Special

Requirements

for

Hazardous

Wastes

P020,

F02l,

P022,

P023,

P026

and

F027

SUBPART

0:

INCINERATORS

Section

724.350

724.351

724.352

724.353

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

P021,

75-364

---

—40—

Section

724.440

Applicability

724.441

Waste Analysis

724.442

Principal Organic Hazardous Constituents

(POHCs)

724.443

Performance Standards

724.444

Hazardous Waste

Incinerator Permits

724.445

Operating Requirements

724.447

Monitoring and Inspections

724.451

Closure

Appendix A

Recordkeeping Instructions

Appendix B

EPA Report Form and Instructions (Repealed)

Appendix D

Cochran’s Approximation to the Behrens—Fisher

Student’s t—test

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.

1985,

ch.

111 1/2, pars.

1022.4 and 1027).

SOURCE:

Adopted

in R82—l9,

53 PCB

131, at

7 Ill. Reg.

14059,

effective October

12,

1983;

amended in R84—9 at

9

Ill.

Reg.

11964,

effective July 24,

1985; amended

in R85—22 at

10 Ill. Reg.

1136, effective January

2, 1986; amended

in R86—l

at 10

Ill. Reg.

14119, effective August 12,

1986;

amended

in R86—28 at

11 Ill.

Reg.

,

effective

SUBPART

F:

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section 724.190’

Applicability

a)

1)

Except as provided

in subsection

(b), the

regulations

in this Subpart apply

to owners and

operators of facilities that treat, store

or

dispose of hazardous waste. The owner or operator

must satisfy the requirements identified in

subsection (a)(2)

for all wastes

(or constituents

thereof) contained

in solid waste management units

at

the facility regardless of the time at which

waste was placed in such units.

2)

All solid waste management units must comply with

the requirements

in Section 724.201.

A surface

impoundment, waste pile, land treatment unit or

landfill that receives hazardous waste after July

~?26,

1982 (hereinafter referred to as

a “regulated

unit”) must comply with the requirements of

Sections 724.191 through 724.200

in lieu of Section

724.201 for purposes of detecting,

characterizing

and responding

to releases to the uppermost

75.365

---

—41—

aquifer.

The financial responsibility requirements

of Section 724.201 apply to regulated units.

b)

The owner

or operator’s regulated unit or units are not

subject to regulation

for releases into the uppermost

aquifer under this Subpart

if:

1)

The owner or operator

is exempted under Section

724.101;

or,

2)

The owner or operator operates a unit which the

Agency

finds:

A)

Is an engineered structure.

B)

Does not receive or contain liquid waste

or

waste containing free liquids.

C)

Is designed and operated

to exclude liquid,

precipitation and other run—on and run—off.

D)

Has both inner and outer layers of containment

enclosing the waste.

E)

Has

a leak detection system built into each

containment

layer.

F)

The owner or operator will provide continuing

operation and maintenance of these leak

detection systems during the active life of

the unit and the closure and post—closure care

periods,

and

G)

To a reasonable degree

of certainty, will not

allow hazardous constituents to migrate beyond

the outer containment layer prior

to the end

of the post—closure care period.

3)

The Agency finds,

pursuant to Section 724.380(d),

that the treatment zone

of

a land treatment unit

that qualifies

as

a regulated unit does not contain

levels of hazardous constituents that are above

background levels of those constituents by an

amount that is statistically significant, and

if an

unsaturated zone monitoring program meeting the

requirements of Section 724.378 has not shown a

statistically significant increase

in hazardous

constituents below the treatment zone during the

operating life

of the unit.

An exemption under

this paragraph can only relieve an owner or

operator of responsibility to meet the requirements

of this Subpart during the post—closure care

period;

or

75.366

---

—42—

4)

The Agency finds

that there

is no potential

for

migration of liquid from a regulated unit to the

uppermost aquifer during the active life of the

regulated unit (including

the closure period) and

the post—closure care period specified under

Section 724.217.

This demonstration must be

certified by a qualified geologist or geotechnical

engineer.

In order

to provide an adequate margin

of safety

in the prediction of potential migration

of liquid,

the owner or operator must base any

predictions made under this paragraph on

assumptions that maximize the rate of liquid

migration.

5)

The owner

or operator designs and operates a pile

in compliance with Section 724.350(c).

c)

The regulations under

this Subpart apply during the

active life of the regulated unit (including the closure

period).

After closure of

the regulated unit, the

regulations

in this Subpart;

1)

Do not apply

if all waste, waste residues,

contaminated containment system components and

contaminated subsoils are removed or decontaminated

at closure;

2)

Apply during

the post—closure care period under

Section 724.217

if the owner or operator

is

conducting

a detection monitoring program under

Section

724.198;

or

3)

Apply during

the compliance period under Section

724.196

if the owner or operator

is conducting a

compliance monitoring program under Section 724.199

or

a corrective action program under

Section

724.200.

(Source:

Amended at 11

Ill. Reg.

effective

)

SUBPART G:

CLOSURE AND POST-CLOSURE

Section 724.210

Applicability

Except as Section 724.101 provides otherwise:

a)

Section 724.211 through 724.215

(which concern closure)

apply to the owners and operators of all hazardous waste

management facilities;

and

75-367

---

—43—

b)

Sections

~

724.216

through 724.220

(which concern

post—closure

care)

apply

to

the

owners

and

operators

of:

1)

All hazardous waste disposal facilities;

and

2)

Waste

pPiles-p- and surface impoundments from which

the owner or operator intends

to remove the wastes

at closure7 to the extent that these eSections are

made applicable

to such facilities

in Sections

724.328 e~or724.358.

(Source:

Amended at 11

Ill.

Reg.

effective

)

Section 724.211

Closure Performance Standard

The owner

or operator m~stshallclose the facility

in a manner

that:

a)

Minimizes the need for further maintenance7

and

b)

Controls, minimizes or eliminates,

to the extent

necessary to p~evet~?th~eetsteprotect human health and

the environment, post—closure escape of hazardous waste,

hazardous waste constituents,

leachate, contaminated

~a~?e~run—off

or hazardous waste decomposition

products

to the ground or surface waters or

to the

atmosphere--;

and

c)

Complies with the closure requirement of this Part

including, but not limited

to, the requirements of

Sections 724.278, 724.297,

724.328, 724.358,

724.380,

724.410 and 724.451.

(Source:

Amended

at

11 Ill.

Reg.

effective

Section 724.212

Closure Plan; Amendment of Plan

a)

Written Plan.

fl

The owner or operator of

a hazardous waste

management facility m~stshallhave

a written

closure plan.

In addition, certain surface

impoundments and waste piles from which the owner

or operator intends

to remove or decontaminate the

hazardous waste at partial or final closure are

required by Sections 724.328(c)(l)(A) and

724.358(c)(l)(A)

to have contingent closure

plans.

The plan must be submitted with the permit

application,

in accordance with 35 Ill. Adm. Code

703.183,

and approved by the Agency as part of the

75-368

---

—44—

permit

issuance

proceeding

under

35

Ill.

Adm.

Code

705.

In

accordance

with

35

Ill.

Adm.

Code

703.241,

the

approved

closure

plan

will

become

a

condition

of any RCRA permit.

2)

The

Agency’s

dee4s4e,~ n~st ese~eeapproval

of

the

plan must ensure that the approved closure plan is

consistent

with

Sections

724.2117

4~~7

4~-~47

through 724.215 and the applicable requirements of

Sections 724.190 et seq., 724.278,

724.297,

724.328, 724.358,

724.380, 724.410 and 724.451.

Until

final closure is completed and certified

in

accordance with Section 724.215,

aA copy of the

approved plan and all approved revisions to the

plan must be kept at the ~ee4~ty

~i’tt~e~ee~e

4s

eemp~ete~e~ee~t~~e~

~

aeee~emeew4th Seet4om

4~~7

furnished to the Agency upon request,

including request by mail.

b)

Content

of plan.

The plan must identify steps necessary

to

eemp~ete~yef

peft~a~y e~ese perform

partial

and/or

final closure of the facility at any point during its

~ntet~e~ epefet~~44~eet~to eemp~ete1ye~esethe

at the et~e~4ts 4~’ttertde~epeeat~I’~active

life.

The closure plan must include,

at least:

1)

A description of how en~wher~the ~ee~tty

w*~

~e

pe~t~e~ye~eee~-,~ e~p~tea~e~

erie

na~y

e~esedeach

hazardous

waste

management

unit

at

the

facility will

be closed

in accordance with Section

724.211

2)

A description of how final closure of

the facility

will be conducted

in accordance with Section

724.211.

The

description

must

identify

the

maximum

extent of the operations which will be unclosed

during

the active life of the facility7

arts hew the

fe~*~emerltee~?Seet±e,~s 4~-2~7 4~~7~4-~~47

4T2~

en~the e~ea~e e~es~ereqt~emei’ttee~

Beet4et’~s

4-~87

4~9~7 4~-~?7~4T~587

4--~87

4~43~at~d

4-~4~

w4~1

~e ,~et;and

3~) An estimate of the maximum inventory of wastes ~m

etora~ee~ ~n teeatmet~tat e~yttme ~e4t~

the

hazardous wastes ever on—site over the active life

of the facility and

a detailed description

of the

methods to be used during partial closures and

final closure, including, but not limited to,

methods for removing, transporting, treating,

storing or disposing of all hazardous wastes,

and

identification of the type(s)

of off—site hazardous

waste management units

to be used,

if applicable

75-369

---

—45—

and-

+Ai~yehai~ge4~rith~eest~mete~e a

ffie~eet~eI~ ~I~ef

~5

f~TA~-~?e~e ~

~4)

A

detailed

description

of

the

steps

needed

to

remove

or

decontaminate

?eeH4ty

eqt~4prrierttd~r4ft~

e~ee~ee~

ai~a1l

hazardous

waste

residues and

contaminated

containment

system

components,

equipment,

structures and soils during partial and

final

closure,

including,

but

not

limited

to,

procedures

for

cleaning

equipment

and

removing

contaminated soils, methods for sampling and

testing surrounding soils and criteria for

determining

the extent of decontamination required

to

satisfy

the

closure performance standard;

and

5)

A

detailed

description of other activities

necessary

during

the

closure period

to ensure

that

all

partial

closures

and

final

closure

satisfy

the

closure performance standards,

including,

but not

limited

to, groundwater monitoring, leachate

collection, and run—on and run—off control;

and

4+

Art est4mate e~the e~peetedyear e~e~estireat~

sehethi~e ?o~

f4rte~ e~est~e~

6)

A

schedule

for

closure

of

each

hazardous

waste

management unit and for final closure of the

facility.

The

schedule

must

include,

at

a

minimum,

the

total

time

required

to

close

the

~ae~~ty

each

I~azardous waste

management

unit

and

the

time

required

for

intervening

closure

activities

which

will

allow

tracking

of

the

progress

of

partial

and

final

closure.

(For

example,

in

the

case

of

a

landfill

unit,

estimates

of

the

time

required

to

treat

and

dispose

of

all

hazardous

waste inventory

and

of

the

time

required

to

place

a

final

cover

must

be

included.)

7)

For

facilities

that

use

trust

funds

to

establish

financial

assurance

under

Section

724.243

or

724.245

and

that

are expected to close prior

to the

expiration of the permit, an estimate

of the

expected year of final closure.

~+c) Amendment of the plan.

The owner or operator may amend

the e~est~ep~ertat arty

t4nte ~~rtg

tl’te aet4ve ~4~e of

the ~Oe4~4ty7

+The aet~eM~eo~the ~ee4~ty

45 that

~f4rt~ wh4eh wastes a~epef4e~4ee4~yeeee4ve~-+

shall submit

a written request for

a permit modification

to authorize

a change

in operating plans,

facility

design or the approved closure plan in accordance with

the procedures

in

35

Ill. Adm. Code 702, 703 and 705.

75-370

---

—46—

The written request must include

a copy of the amended

closure plan for approval by the Agency.

1)

The

owner

or

operator

ma~’submit

a

written

request

to

the

Agency

for

a

permit

modification

to

amend

the closure plan at any time prior

to notification

of partial

or final closure of the facility.

2)

The

owner

or

operator

mast

emertd

the

shall

submit

a

written request for a permit modification to

authorize

a change in the approved closure~plan

whenever:

~j

Cehanges

in operating plans or facility design

affect the closure plan,

or whertevef t

B)

There

is

a

change

in

the

expected

year

of

closure,

if

applicable.

Whert

4t

fe~eStsa

perm4t med4~4eat4ertto e~thef4sea ehert~e

4rt

epefat4rt~p~artse~?ee4~4tydes4~rt7t1~eewrte~

of o~eeatormeet fe~t~est

a med4?-ieat4ert e~the

e~ost~f

C

p~ertat

the

same

t4me

+oee

35

~

Adm7 Oode ~

T~8+O++~~?

a peem4t

med4~4eat4ert45 rtet rteeded to atithof4se the

ehert~e4rt epefet4rt!

p4erts

Of

~ee4~4ty

des4grt7

the

re~est~or med4~4eet4erte~the e~oet~ee

p~artmast be made w4th4rt 60 days a?tef

the

ehart~e4rt p~arts

Of

des4grt

eeetFfs-

+Boaed

Note~

ehert~es

4rt

est4mates

of

ma,4mtiwt

4rtverttefy

arid

e~the

est4ntated

yeef

o~e~esttre

ttrtdef

Seet4ert

4~~*e+f~3

arid *4+ may be

made as m4riof perm4t med4~4eet4ertsw’idee

35

AdMT eede ~0~-~8~+e+--+

C)

In

conducting

partial

or

final

closure

activities,

unexpected events require

modification of the approved closure plan.

~J

The owner or

operator

shall

submit

a

written

request for

a permit modification including a copy

of the amended closure plan for approval at least

60 days prior to the proposed change

in the

facility

design

or

operation,

or

no

later

than

60

days after an unexpected event has occurred which

has affected the closure plan.

If an unexpected

event occurs during

the partial or final closure

period,

the

owner

or

operator

shall

request

a

permit

modification

no

later

than

30

days

after

the

unexpected_event.

An

owner

or

operator

of

a

surface

impoundment

or

waste

pile

that

intends

to

remove

all

hazardous

waste

at

closure

and

is

not

75-371

---

—47—

otherwise required to prepare a contingent closure

plan under Sections 724.328(c)(1)(A)

or

724.358(c)(1)(A), shall submit an amended closure

plan to the Agency no later than 60 days after the

date the owner or operator or

Agency determines

that the hazardous waste management unit must be

closed as

a landfill,

subject to the requirements

of Section 724.410,

or no later than 30 days after

that date

if the determination

is made during

partial or final closure.

The Agency shall

approve, disapprove or modify this amended plan in

accordance with the procedures

in 35 ill. Mm. Code

702,

703 and 705.

In accordance with 35 Iii. Adm.

Code 702.160 and 703.241,

the approved closure plan

will become

a condition of any RCRA permit issued.

4)

The Agency may request modifications

to the plan

under

the conditions described

in Section

724.2l2(c)(2).

The owner

or operator

shall submit

the modified plan within 60 days after the Agency’s

request,

or within 30 days

if the change

in

facility conditions occurs during partial or

final

closure.

Any modifications requested by the Agency

shall be

approved in accordance with the procedures

in 35

Ill. Mm.

Code 702,

703 and 705.

d)

Notification of partial closure and final closure.

le)

The owner or operator mt~stshall notify the Agency

in writing

at least ~88 60 days prior

to the date

4t on which the owner

or operator expects

to begin

closure of

a surface impoundment, waste pile,

land

treatment or landfill unit,

or final closure of

a

facility with such a unit.

The owner

or operator

shall notify the Agency

in writing at least 45 days

prior to the date on which the owner

or

operator

expects

to begin

final closure of

a

facility with

only treatment or storage tanks, container storage,

or incinerator units

to be closed.

2J

The date when the owner or operator “expects

to

begin closure” must be either no later than 30 days

after

the date on which any hazardous waste

management unit receives the known final volume of

hazardous wastes or,

if there

is a reasonable

possibility that the hazardous waste management

unit will receive additional hazardous wastes,

no

later than one year after the date on which

the

unit received the most recent volume of hazardous

waste.

If the owner

or operator of

a hazardous

waste management unit demonstrates

to the Agency

that the hazardous waste management unit

or

75-372

---

—48—

facility has the capacity to receive additional

hazardous wastes and that the owner and operator

have taken,

and will continue

to take,

all steps to

prevent threats

to human health and the

environment, including compliance with all

applicable permit requirements,

the Agency shall

approve_an_extension to this one—year limit.

3)

If the facility’s permit

is terminated,

or

if the

facility is otherwise ordered, by judicial decree

or Board order to cease receiving hazardous wastes

or

to close, then the requirements of this

subsection do not apply.

However, the owner

or

o~eratorshall close the facility in accordance

with the deadlines established

in Section 724.213.

e)

Removal

of wastes and decontamination or dismantling of

equipment.

Nothing

in this Section shall preclude the

owner or operator from removing hazardous wastes and

decontaminating or dismantling equipment in accordance

with

the approved partial or final closure plan at any

time before

or after notification of partial or final

closure.

*Boeed Nete~

~he

date when the ewnef o~epecatef

-‘1epeets

to be~4rie~eet~e~

shei~dbe wth4ri 30 days

a~teethe date 4t e~~peetsto feeetve the ?4ria~vo~mee~

weste~ ~f the ?ae4~4ty~spernt4t 4s tefm4rieted7

Of

4~?

the ~ee434ty 4s etherw4ee erdefed7 by ~d4e4e~

deefCe

Of

Beefd Oedee

w’idef ‘P4t~e~

of the fl~4ne4s

Eriv4eenmerita4

Peeteet4ort Aet7 to cease reee4v4ri~wastes

ec to e4~ose7then the req~4remerite~th4s paea~eephdoes

riot app~yT Hewe,ef7 the

OWThCf

Of

epefetOf

mt~st e~ese

the ~ee4~4ty

4ri accordance wth the deed~4rtes

esteb~4shed

4ri

Seet4on

~

(Source:

Amended at 11 Ill. Reg.

effective

Section 724.213

Closure; Time Allowed

for Closure

a)

All permits shall require that, within 90 days after

receiving the final volume of hazardous waste at a

hazardous waste management unit or facility, the owner

or operator treat, remove from the s4teunit or

facility,

or dispose of on—site, all hazardous wastes

in accordance with the approved closure plan,

unless the

owner

or operator makes the following demonstration by

way of permit application

or modification application.

The Agency meyshall approve

a longer period

if the owner

or

operator demonstrates that:

75.373

---

—49—

1)

A)

The activities required to comply with this

pafe~faphsubsection will, of necessity,

take

longer than 90 days

to complete; or

B)

i)

The hazardous waste management unit or

facility has the capacity to receive

additional hazardous wastes; and

ii)

There is

a reasonable likelihood that a

~Cf

Sen

ethef

then the owner or operator

or another person will recommence

operation of the e4tehazardous waste

management unit or facility within one

year

and

iii) Closure

of the hazardous waste management

unit or facility would be incompatible

with continued operation of the site; and

2)

The owner

or operator has taken and will continue

to take all steps

to prevent threats to human

health and the environment, including compliance

with all applicable permit requirements.

b)

All permits shall require that the owner or operator

complete partial and final closure activities

in

accordance with the approved closure plan and within 180

days after receiving the final volume of hazardous

wastes at the hazardous waste management unit or

facility, unless the owner or operator makes the

following demonstration by way of permit application or

modification application.

The Agency meyshall approve

a

longer closure period

if the owner or

operator

demonstrates that:

1)

A)

The partial or

final closure activities will,

of necessity,

take longer than 180 days

to

complete;

or

B)

i)

The hazardous waste management unit or

facility has the capacity to receive

additional wastes;

ii)

There

is reasonable likelihood that a

75-374

---

—50—

pefsort ether then the owner or operator

or another person will recommence

operation of the eltehazardous waste

management unit or facility within one

year and

iii) Closure of the hazardous waste management

unit or facility would be incompatible

with continued operation of the site;

and

2)

The owner Ofand operator heshave taken and will

continue to take all steps

to prevent threats to

human health and the environment from the unclosed

but 4rieet4venot operating hazardous waste

management unit or

facility including compliance

with all applicable permit requirements.

+Beefd Netei-

Arty ewtens4on e~the 99 Of ~80 day

pef4od in this Section may be made as a

mirtef

mod4~icetion~nder 35 ~

Adwi~Sode ~

Brider pefa~fephs*e++~++B+end *b++~++B+74?

operation e~the site is reeommeneed7 the Agency

may defer eoMp~etione~e~es~reactivities

ttnti3

the new operation

te

tefmirteted-7-)

c)

The demonstrations referred

to in subsections

(a)

and

(b)

shall

be made as follows:

1)

The demonstration in subsection

(a)

shall be made

at least

30 days prior

to the expiration of the 90—

day period

in subsection

(a); and

2)

The demonstration

in subsection

(b)

shall be made

at least 30 days prior

to the expiration of the

180—day period

in subsection

(b).

(Source:

Amended

at

11

Ill. Reg.

,

effective

)

Section 724.214

Disposal or Decontamination of Equipment,

Structures

and

Soils

When e3~os~re

is comp~eted7a~ ~eei~ityDuring the partial and

final closure periods, all contaminated equipment, end structures

mttst have beenand soils must be properly disposed

of~ or

decontaminated by remevtn~a3A heserdo~swaste end

festdues7unless otherwise specified in Sections 724.328, 724.358,

724.380, or

724.410.

By removing any hazardous wastes

or

hazardous constituents during partial and final closure,

the

owner or operator may become

a generator of hazardous waste and

shall handle that waste in accordance with all applicable

requirements

of

35

Ill. Adm. Code 722.

75-375

---

—51—

(Source:

Amended at 11

Ill. Reg.

effective

Section 724.215

Certification of Closure

When e1oet~reis centp~eted7Within60 days after completion of

closure of each hazardous waste surface impoundment, waste pile,

land treatment or landfill unit, and within 60 days after

completion of final closure,

the owner or operator m~stshall

submit to the Agency ,by registered mail,

a certification both by

the owner

Of

operator

arid by en independent registered

pre~eseiorta~

engineef that the hazardous waste management unit or

facility, as applicable, ~eei~ity has been closed in accordance

with the specifications in the approved closure plan.

The

certification must be signed by the owner

or operator and by an

independent registered professional engineer.

Documentation

supporting the independent registered professional engineer’s

certification must be furnished to the Agency upon request until

the Agency releases the owner or operator from the financial

assurance requirements for closure under Section 724.243(i).

(Source:

Amended at 11 Ill. Reg.

,

effective

)

Section 724.216

Survey Plat

No later than the submission of the certification of closure of

each hazardous waste disposal unit,

the owner

or operator

shall

submit to any local

zoning authority,

or authority with

jurisdiction over local land use, and

to the Agency,

and record

with land titles,

a survey plat indicating the location and

dimensions

of landfills cells or other hazardous waste disposal

units with respect

to permanently surveyed benchmarks.

This plat

must be prepared and certified by

a professional land surveyor.

The plat filed with the local zoning authority,

or the authority

with jurisdiction over local land use, must contain

a note,

prominently displayed, which states the owner’s and operator’s

obligation to restrict disturbance of

the hazardous waste

disposal unit

in accordance with the applicable Subpart G

regulations.

(Source:

Added at 11

Ill. Reg.

effective

)

Section 724.217

Post—closure Care and Use of Property

a)

1)

Post—closure care for each hazardous waste

management unit subject

to the requirements

of

Sections 724.217 through 724.220 must begin after

75-376

---

—52—

completion of closure of the unit and continue for

30 years after the date e~eewip~etirige~eeurethat

date and must consist of at least the following:

A)

Monitoring and reporting

in accordance with

the requirements of Subparts F,

K,

L,

M and N;

and

B)

Maintenance and monitoring of waste

containment systems

in accordance with the

requirements

of Subparts

F,

K,

L, M and N.

2)

Any time preceding partial closure of a hazardous

waste management unit subject to post—closure care

requirements or

final closure, or any time during

the post—closure care period for

a particular unit,

A+

B~iringthe ~89—day period preceding e~est~re

*see

Section

~4TO~+C++

or at any time theree~ter7 the

Board will: redt~ce

A)

Shorten the post—closure care period to ~ess

than 39 years i~the itapplicable

to the

hazardous waste management unit,

or facility,

if all disposal units have been closed,

if the

Board

finds that the reduced period is

sufficient to protect human health and the

environment (e.g., leachate or groundwater

monitoring results, characteristics of the

waste,

application of advanced technology or

alternative disposal, treatment or re—use

techniques indicate that the hazardous waste

management unit or facility

is secure)--;or

B)

Prior to the time that the post—e~eet~recare

period is d~eto exp±re7the Board wi~

eExtend the post—closure care period i~

itapplicable

to the hazardous waste management

unit or facility

if the Board finds that the

extended period is necessary to protect human

health and the environment (e.g., leachate or

groundwater monitoring results indicate a

potential for migration of hazardous wastes at

levels which may be harmful

to human health

and the environment).

C)

Reduction or extension of the post—closure

care period will be by rulemaking pursuant

to

35 Ill. Mm. Code 102.

b)

The Agency meyshall require, at partial or final

closure, continuation of any of the security

75.377

---

—53—

requirements of Section 724.114 during part or all of

the post-closure period e~terthe date e~eemp~eting

c~os~rewhen:

I)

Hazardous wWastes may remain exposed after

completion of partial or

final closure;

or

2)

Access by the public or domestic livestock may pose

a hazard to human health.

c)

Post—closure use of property on or

in which hazardous

wastes remain after partial or final closure must never

be allowed

to disturb the integrity of the final cover,

liner(s)

or any other components of ertythe containment

system,

or the function of the facility’s monitoring

systems,

unless

the Agency finds, by way of a permit

modification, that the disturbance:

1)

Is necessary to the proposed use of the property,

and will not increase the potential hazard

to human

health or

the environment;

or

2)

Is necessary

to reduce a threat to human health or

the environment.

d)

All the post—closure care activities must be

in

accordance with the provisions of the approved post—

closure plan as specified

in Section 724.218.

(Source:

Amended at 11

Ill. Reg.

effective

Section 724.218

Post—closure

Plan; Amendment of Plan

a)

Written Plan.

The owner or operator of a hazardous

waste disposal ~aei~ity mast unit shall have

a written

post—closure plan.

In addition, certain surface

impoundments and waste piles and certain s~r~?aee

4mpe~ndmerttsfrom which

the owner or operator intends to

remove the or decontaminate the hazardous wastes at

partial

or final closure are required by Sections

724.328

(c)(1)(B) and 724.358 (c)(l)(B)

to have

contingent)

post—closure plans.

Owners or operators of

surface impoundments and waste piles not otherwise

required

to prepare contingent post—closure plans under

Sections 724.328(c)(l)(B)

or 724.358(c)(l)(B)

shall

—

submit

a post—closure plan to the Agency within 90 days

from the date that the owner

or operator or Agency

determines that the hazardous waste management unit must

be closed as

a landfill, subject to the requirements of

Sections 724.217

through 724.220.

The plan must be

—

submitted with ethe permit application,

in accordance

75-378

---

—54—

with

35

Ill. Adm. Code 703.183, and approved by the

Agency as part of the permit issuance proceeding under

35

Ill. Adm. Code 705.

In accordance with 35

Ill. Adm.

Code 703.241, the approved post—closure plan will become

a condition

of any RCRA permit issued.

A copy e~the

approved plan and all revisions to the plan mast be kept

at the ~acil4ty t*nti& the post—eloe~recare period

begins-

Phis

b)

For each hazardous waste management unit subject to the

requirements of this Section,

the post—closure plan must

identify the activities that will be carried on after

closure and the frequency of these activities,

and

include at least:

1)

A description of the planned monitoring activities

and frequencies which they will be performed to

comply with Subparts F,

K,

L,

M and N during the

post—closure care period;

2)

A description of the planned maintenance

activities, and frequencies at which they will be

performed,

to ensure:

A)

The integrity of the cap and final cover

or

other containment systems

in accordance with

the requirements of Subparts

K,

L,

M and N;

and

B)

The function of the ~?acility monitoring

equipment in accordance with the requirements

of Subparts F,

K,

L,

M and

N; and

3)

The name,

address and phone number of the person or

office to contact about the hazardous disposal

?aeilityunit

during

the

post—closure

period.

Phis

or office must keep an updated pest—closure

plan during

‘the post—closure period’

C)

Until final closure

of the facility,

a copy of the

a~pprovedpost—closure plan must be furnished to

the

Agency upon request, including request by mail.

After

final closure has been certified, the person or office

specified in subsection (b)(3) shall

keep the approved

post—closure plan during the remainder of the post—

closure

period.

d)

Amendment of plan.

The owner or operator shall request

a permit modification

to authorize a change

in the

approved post—closure plan in accordance with the

applicable requirements of 35 Ill. Adm. Code 703 and

705.

The written request must include

a copy of the

amended post—closure plan for approval by the Agency.

75-379

---

—55—

b~-

~j

The owner

or operator may submit a written request

to the Agency for a permit modification to amend

the post—closure plan at any time during the active

life

of

the

disposal

facility

or

during

the

post—

closure care period.

2)

The owner or operator mustshall submit

a written

request for

a permit modification to authorize

a

change

in the approved post—closureemend the plan

whenever

~j

Cehanges in operating plans or

facility

design7

or events which occur during the

active life of the facility or during the

post—closure period7 affect the post—closure

planT;_orPhe owner or operator must also amend

the plan whenever

B)

Tthere

is

a change

in the expected year of

closure-~if

applicable;

or

C)

Events occur during the active life of the

facility, including partial and final

closures, which affect the approved post—

closure plan.

3)

The owner

or operator shall submit

a written

request for

a permit modification at least 60 days

prior

to the proposed change

in facility design or

operation,

or no later than 60 days after

an

unexpected event has occurred which has affected

the post—closure plan.

An owner

or operator of a

surface impoundment or waste pile that intends to

remove all hazardous waste at closure and is not

otherwise required to submit a contingent post—

closure plan under Sections 724.328(c)(l)(B)

or

724.358(c)(l)(B)

shall submit a post—closure plan

to the Agency no later than 90 days after the date

that the owner

or operator

or Agency determines

that the hazardous waste management unit must be

closed as

a landfill, subject to the requirements

of Section 724.410.

The Agency shall approve,

disapprove

or

modify

this

plan

in

accordance

with

the procedure in 35 Ill. Adm. Code 703 and 705.

In

accordance_with 35

Ill. Adm. Code 703.241, the

approved post—closure plan will become a permit

condition.

4)

The Agency may request modifications

to the plan

under

the conditions described in subsection

75-380

---

—56—

(d)(2).

The owner or operator shall submit the

modified plan no later than 60 days after the

request, or no later than 90 days if the unit is a

surface impoundment or waste pile not previously

required to prepare a contingent post—closure

plan.

Any modifications requested by the Agency

shall be approved, disapproved or modified in

accordance with the procedure in 35 Ill. Adm. Code

703 and 705.

e-)~

When a permit modification is requested during the

active life of the facility to authorise a change in

operating plans or facility design

modification of

the

poet-closure plan must be requested at the same

time *5cc 35 ~llT AdmT Sode ~95-~l~.?+T ~n all other

cases7 the request for modification of the post—closure

plan must be made within 69 days after the change in

operating plans or facility design or the events which

affect the post—closure plan oeeurT

(Source:

Amended at 11

Ill. Reg.

,

effective

)

Section 724.219

Post—closure NoticesNetice to ~ecal sand

Authority

a)

No later

than 60 days after certification of closure of

each hazardous waste disposal unit,Within 99 days after

closure is completed7 the owner or operator of a

disposal facility mustshall submit to the Agency,

to the

County Recorder and

to any local zoning authority or

authority with jurisdiction over local land use,

a

survey plat indicating the location and dimensions of

landfill cells or other disposal areas with respect to

permanently surveyed benchmar4tsT

Phis plat must be

prepared and certified by a professional land

surveyerT

Phe plat filed with the eounty Recorder and

any local

sorting authority must contain a

note-i

prominently displayed7 which states the owner~sor

operator1e obligation to restrict disturbance of the

site as specified in Section ~4T~l-?*e+~

In addition-,

the owner or operator must submit to the AgeneyT the

Seunty Recorder and any local soning authority a record

of the type7 location and quantity of hasardeus wastes

disposed of within each cell or area of the faeilityT

Per wastes disposed of before these regulations were

promulgated

the owner or operator must identify the

type-, location and quantity of the wastes to the best of

its knowledge and in accordance with any reeerd that it

has keptT

Arty changes in the type7 location or quantity

of haserdeus wastes disposed of within each cell or area

of the facility that occur after the survey plet and

75-381

---

—57—

record of wastes have been filed must be reported to the

same agencies the plet end record were filed with~a

record of the type,

location and quantity of hazardous

wastes disposed of within each cell or other disposal

unit of the facility.

For hazardous wastes disposed of

before January 12, 1981,

the owner or operator shall

identify the type, location and quantity of the

hazardous waste to the best of the owner or operator’s

knowledge and

in accordance with any records the owner

or operator has kept.

b)

Within 60 days after certification of closure of the

first hazardous waste disposal unit and within 60 days

after certification of closure of the last hazardous

waste disposal unit, the owner

or operator shall:

1)

Record

a notation on the deed

to the facility

property

——

or on some other instrument which is

normally examined during

title search

——

that will

in perpetuity notify any potential purchaser of

the

property that:

A)

The land has been used to manage hazardous

wastes; and

B)

Its use

is restricted

under this Subpart; and

C)

The survey plat and record of

the type,

location

and

guantity

of

hazardous

wastes

disposed

of

within

each cell or other

hazardous waste disposal unit

of the facility

required by subsection

(a)

and Section 724.216

have

been

filed

with

the

A~ency,

the

County

Recorder and an~local zoning authority or

authority with jurisdiction over local land

use;

and

2)

Submit

a certification, signed by the owner or

operator,

that

the

owner

or

operator

has

recorded

the notation specified

in subsection

(b)(l),

including a copy of the document in which the

notation has been placed,

to the Agency.

C)

If the owner

or operator or any subsequent owner

or

operator

of

the

land

upon

which

a

hazardous

waste

disposal unit

is located wishes

to remove hazardous

wastes and hazardous waste residues, the liner,

if any,

or contaminated soils,

such person shall

request a

modification to the post—closure plan in accordance with

the applicable req~uirementsin

35

Ill. Adm. Code 703 and

705.

The owner and operator shall demonstrate that the

removal of hazardous wastes will satisfy the criteria of

75-382

---

—58—

Section 724.217(c).

By removing hazardous waste,

the

owner or operator may become a generator of hazardous

waste and shall manage

it in accordance with all

applicable requirements of

35 Ill. Adm. Code 703 and 720

through 726.

If the owner or operator

is granted a

permit modification or otherwise granted approval to

conduct such removal activities, the owner or operator

may request that the Agency approve either:

1)

The removal of the notation on the deed to the

facility pro~ertyor other instrument normally

examined during title search; or

2)

The addition of a notation to

the deed or

instrument indicating the removal of the hazardous

waste.

(Source:

Amended at

11 Ill.

Reg.

,

effective

Section 724.220

Notice in Beed to PropertyCertification of

Completion of Post—closure Care

a+

Phe owner of the property en which a disposal facility

is located must record7 in accordance with Illinois lawy

a notation on the deed to the facility property

—-

or on

some other instrument which is normally e~am4nedduring

title search

—-

that will in perpetuity notify any

potent~alpurchaser of the property that~

1+

Phe land has been used to manage hasardous wastesi-

~

Its use is restricted under Section ~4~l~+c+,

3~

The survey plat and record of the type7 location

and quantity of hasardous wastes disposed of within

each cell or area of the facility required in

Section ~57~l9

have been filed with the Agency7

the Seunty Recorder and any local sorting authorityT

b+

If at any time the owner or operator or any subsequent

owner of the land upon which a haserdous waste facility

was located removes the waste and waste residues-, the

liner7 if any, and all contaminated underlying and

surrounding soil-, the owner or operator may remove the

notation on the deed to the facility property or other

instrument normally examined during title search

or may

add a notation to the deed or instrument indicating the

removal of the wasteT

*Board Notei-

en

removing the waste and waste residues

the liner7 if any

and the contaminated sotl, the owner

75-383

---

—59—

or operator-, unless it can demonstrate in accordance

with 35 Ill~’AdmT Sode ~2lTlO3*d+ that any solid waste

removed is not a hasardeus waste

becomes a generator of

hasardous waste end must manage it in accordance with

all applicable requirements of 35 lIlT Adm-

Sede ~

through

~5-r+

No later than 60 days after completion of the established post—

closure care period for each hazardous waste disposal unit,

the

owner

or operator shall submit to the Agency, by registered mail,

a certification that the post—closure care period for the

hazardous waste disposal unit was performed

in accordance with

the specifications

in the approved post—closure plan.

The

certification must be signed by the owner

or operator and an

independent registered professional engineer.

Documentation

supporting

the independent registered professional engineer1s

certification must be furnished to the Agency upon request until

the Agency releases the owner or operator from the financial

assurance requirements for post—closure care under Section

724.245(i).

(Source:

Section repealed, new Section adopted at 11 Ill.

Reg.

,

effective

)

SUBPART H:

FINANCIAL REQUIREMENTS

Section 724.241

Definitions of Terms As Used

In This Subpart

a)

“Closure plan” means

the plan for closure prepared in

accordance with the requirements of Section 724.212.

b)

“Current closure cost estimate” means that the most

recent of the estimates prepared

in accordance with

Sections 724.242(a),

(b)

and (c).

c)

“Current post—closure cost estimate” means the most

recent of the estimates prepared in accordance with

Sections 724.244(a),

(b)

and

(c).

d)

“Parent corporation” means a corporation which directly

owns at least 50 percent of the voting stock of the

corporation which is the facility owner or operator; the

latter corporation is deemed

a “subsidiary” of the

parent corporation.

e)

“Post—closure plan” means

the plan for post—closure care

prepared in accordance with the requirements of Sections

724.217 through 724.220.

f)

The following terms are used

in the specifications for

the financial test for closure, post—closure care and

liability coverage.

The definitions are intended to

75-384

---

—60—

assist

in the understanding of these regulations and are

not intended to limit the meanings

of terms

in a way

that conflicts with generally accepted accounting

practices.

“Assets” means all existing and all probable future

economic benefits obtained or controlled by a

particular entity.

“Current assets” means cash or other assets or

resources commonly identified as those which are

reasonably expected to be realized in cash or sold

or consumed during the normal operating cycle of

the business.

“Current liabilities” means obligations whose

liquidation is reasonably expected to require the

use of existing resources properly classifiable as

current assets or the creation of other current

liabilities.

“Current plugging and abandonment cost estimate”

means the most recent of the estimates prepared

in

accordance with 35

Ill. Adm. Code 704.212(a),

(b)

and

(c).

“Independently audited” refers to an audit

performed by an independent certified public

accountant

in accordance with generally accepted

auditing standards.

“Liabilities” means probable future sacrifices of

economic benefits arising from present obligations

to transfer assets or provide services to other

entities in the future as a result of past

transactions

or events.

“Net working capital” means current assets minus

current liabilities.

“Net worth” means total assets minus total

liabilities and is equivalent to owner’s equity.

“Tangible net worth” means the tangible assets that

remain after deducting liabilities; such assets

would not include intangibles such as goodwill and

rights to patents or royalties.

g)

In the liability insurance requirements the terms

“bodily injury” and “property damage”

shall have the

meanings given these

terms by applicable State law.

However,

these terms do not include those liabilities

75.385

---

—61—

which,

consistent with standard industry practices, are

excluded

from coverage in liability policies for bodily

injury and property damage.

The Board intends the

meanings of other terms used

in the liability insurance

requirements

to be consistent with their common meanings

within the insurance industry.

The definitions given

below of

several of the terms are intended

to assist

in

the understanding of these regulations and are not

intended to limit

their meanings in a way that conflicts

with general

insurance industry usage.

“Accidental occurrence” means an accident,

including continuous or

repeated exposure to

conditions, which results in bodily injury or

property damage neither expected nor intended from

the standpoint of the

insured.

“Legal defense costs” means any expenses that an

insurer incurs in defending against claims of third

parties brought under the terms and conditions of

an insurance policy.

“Nonsudden accidental occurrence” means an

occurrence which takes place over time and involves

continuous

or repeated exposure.

“Sudden accidental occurrence” means

an occurrence

which

is not continuous or repeated

in nature.

(Source:

Amended at 11

Ill. Reg.

effective

Section

724.242

Cost

Estimate

for

Closure

a)

The owner or operator mustshall

have a detailed written

estimate,

in current dollars,

of the cost of closing the

facility

in accordance with the requirements

in Sections

724.211 through 724.215 and applicable closure

requirements

in Sections 724.278,

724.297, 724.328,

724.358,

724.380, 724.410 and 724.451.

1)

The estimate must equal the cost of final closure

at the point in the facility’s operatingactive life

when the extent and manner

of

its operation would

make closure the most expensive,

as indicated by

its closure plan (see Section 724.2l2+a++T(b));

and

2)

The closure cost estimate must be based on the

costs

to the owner

or operator

of hiring a third

party to close

the facility.

A third party is

a

party who is neither

a parent nor

a subsidiary of

the owner

or operator.

(See definition

of parent

75-386

---

—62—

corporation in Section 724.241(d)).

The owner

or

operator may use costs

for on—site disposal

if the

owner or operator can demonstrate that on—site

disposal capacity will exist at all times over the

life

of

the

facility.

~J

The closure cost estimate must not incorporate any

salvage value that may be realized with the sale of

hazardous wastes, facility structures or

equipment,

land or other assets associated with the facility

at the time of partial or final closure.

,jj

The owner or operator shall not incorporate

a zero

cost for hazardous wastes that might have economic

value.

b)

During the active life of the facility, t~heowner

or

operator mustshall adjust the closure cost estimate for

inflation within 39 days after each anniversary of the

date on which the first closure cost estimate was

preparedT6o days prior

to the anniversary date of

the

establishment of the financial instrument(s) used

to

comply with Section 724.243.

For owners and operators

using the financial test or corporate guarantee,

the

closure cost estimate must be updated for inflation

within 30 days after the close of

the firm’s fiscal year

and before submission of updated information to the

Agency as specified

in Section 724.243(f)(3).

The

adjustment must be made as specified in paragraphs

*b+*l+ and *b++~+maybe made by recalculating the

maximum costs

of closure

in current dollars, or by using

an inflation factor derived from the annual Implicit

Price Deflator for Gross National Product as published

by the U.S. Department of Commerce in its Survey of

Current Business

as specified

in subsections

(b)(l)

and

(b)(2).

The inflation factor

is the result of dividing

the latest published annual Deflator by the Deflator for

the previous year.

1)

The first adjustment

is made by multiplying the

closure cost estimate by the inflation factor.

The

result

is the adjusted closure cost estimate.

2)

Subsequent adjustments are made by multiplying the

latest adjusted closure cost estimate by the latest

inflation factor.

c)

During

the active life of the facility tPhe owner or

operator mustshall revise

the closure cost estimate

whenever ano later than 30 days after

the Agency has

~pproved the request

to modify the closure plan,

if the

change

in the closure plan increases the cost of

75-387

---

—63—

closure.

The revised closure cost estimate must be

adjusted for inflation as specified

in Section

724.242(b).

d)

The owner

or operator mustshall keep the following at

the facility during the operating life of the

facility:

The latest closure cost estimate prepared

in

accordance with Sections 724.242(a)

and

(c)

and, when

this estimate has been adjusted

in accordance with

Section 724.242(b), the latest adjusted closure cost

estimate.

(Source:

Amended at 11

Ill. Reg.

effective

)

Section 724.243

Financial Assurance for Closure

An owner or operator of each facility mustshall establish

financial assurance for closure of the facility.

It must The

owner

or operator shall choose from the options

as specified

in

paragraph subsections

(a)

through

(f).

a)

Closure trust fund.

1)

An owner or operator may satisfy the requirements

of this sSection by establishing

a closure trust

fund which conforms

to the requirements of this

paragraph and submitting an originallyoriginal,

signed duplicate of the trust agreement to the

Agency.

An owner or operator of

a new facility

mustshall submit the originallyoriginal, signed

duplicate of the trust agreement

to the Agency at

least 60 days before the date on which hazardous

waste

is first received for treatment, storage or

disposal.

The trustee must be an entity which has

the authority

to act as

a trustee and whose trust

operations are regulated and examined by

a Federal

or State

agency.

2)

The wording

of the trust agreement must be

identical to the wording specified in 48 ?FR

~64Tl5l+a++l+as specified

in Section 724.251 and

the trust agreement must be accompanied by a formal

certification of acknowledgment

(for example

see

48 ?PR 264T151+e+f2+specified

in Section

724.251).

Schedule A of the trust agreement must

be updated within 60 days after

a change

in the

amount of the current closure cost estimate covered

by the agreement.

3)

Payments into the trust fund must be made annually

by the owner

or operator over the term of the

75.388

---

—64—

initial RCRA permit or over the remaining operating

life of the facility as estimated in the closure

plan, whichever period

is shorter; this period

is

hereafter referred to as the “pay—in period.” The

payments into the closure trust fund must be made

as follows:

A)

For

a new facility, the first payment must be

made before the initial receipt of hazardous

waste for

treatment, storage or disposal.

A

receipt from the trustee for this payment must

be submitted by the owner

or operator

to the

Agency before this initial receipt of

hazardous waste.

The first payment must be at

least equal

to the current closure cost

estimate, except as provided in paragraph

subsection

(g), divided by the number

of years

in the pay—in period.

Subsequent payments

must be made no later than 30 days after each

anniversary date of the first payment.

The

amount of each subsequent payment must be

determined by this formula:

Next payment

=

(CE

—

CV)

/

Y

where CE

is the current closure cost estimate,

CV is the current value of the trust fund and

Y is the number of years remaining

in the pay-

in period.

B)

If an owner or operator establishes

a trust

fund as specified

in 35 Ill. Adm. Code

725.243(a)

and the value of that trust fund

is

less than the current closure cost estimate

when

a permit

is awarded for the facility, the

amount of the current closure cost estimate

still

to be paid into the

trust fund must be

paid

in over the pay—in period as defined

in

paragraph subsection (a)(3).

Payments must

continue

to be made no later than

30 days

after each anniversary date of the first

payment made pursuant to 35

Ill.

Adm. Code

725.

The amount of each payment must be

determined by this formula:

Next payment

=

(CE

—

CV)

/

Y

where CE

is the current closure cost estimate,

CV

is

the current value of the trust fund and

Y is the number of years remaining

in the pay—

in period.

75-389

---

—65—

4)

The owner or operator may accelerate payments

into

the trust fund or it may deposit the full amount of

the current closure cost estimate at the time the

fund is established.

However, it muetthe owner or

operator shall maintain the value of the fund at no

less than the value that the fund would have

if

annual payments were made as specified

in paragraph

subsection

(a)(3).

5)

If the owner or operator establishes

a closure

trust fund after having used one or more alternate

mechanisms specified in this sSection or

in 35 Ill.

Adm. Code 725.243,

its first payment must be

in at

least the amount that the fund would contain

if the

trust fund were established initially and annual

payments made according

to specifications of this

paragraph and 35

Ill. Adm. Code 725.243, as

applicable.

6)

After

the pay—in period

is completed, whenever the

current

closure

cost

estimate

changes,

the

owner

or

operator

mtistshall

compare

the

new

estimate

with

the trustee’s most recent annual valuation of the

trust fund.

If the value of the fund

is less than

the amount of the new estimate, the owner

or

operator,

within

60

days

after

the

change

in

the

cost estimate, mus’tshall either deposit an amount

into the fund so that its value after

this deposit

at least equals the amount of the current closure

cost estimate, or obtain other financial assurance

as specified

in this eSection to cover the

difference.

7)

If

the value of

the trust fund is greater than the

total amount of

the current closure cost estimate,

the owner or operator may submit

a written request

to the Agency for release of the amount

in excess

of the current closure cost estimate.

8)

If an owner or operator substitutes other financial

assurance as specified

in this sSection for all

or

part

of

the

trust

fund,

it

may

submit

a

written

request to the Agency for release of the amount

in

excess of the current closure cost estimate covered

by the trust

fund.

9)

Within 60 days after receiving

a

request from the

owner or operator

for release of funds as specified

in paragraph subsections (a)(7)

or

(8), the Agency

willshall

instruct the trustee to release to the

owner

or operator such funds as the Agency

specifies

in writing.

75-390

---

—66—

10)

After beginning partial or final closure,

an owner

or operator

or any etheranother person authorized

to performconduct partial or final closure may

request reimbursement for closure expenditures by

submitting itemized bills

to the Agency.

The owner

or operator may request reimbursement for partial

closure only if sufficient funds are remaining

in

the trust fund to cover the maximum costs of

closing the facility over its remaining operating

life.

Within 60 days after receiving bills for

partial

or final closure activities, the Agency

shallwill determine whether the closure

expenditures are in accordance with the closure

plan or otherwise ~ust4fied

end if so, it will

instruct the trustee to make reimbursement in

suchthose amounts as the Agency specifies in

writing--if the Agency determines that the partial

or final closure expenditures are

in accordance

with the approved closure plan,

or otherwise

justified.

If the Agency has reason to believe

determines that the maximum cost of closure over

the remaining life of the facility will

be

significantly greater than the value of the trust

fund,

it meyshall withhold reimbursement of such

amounts as it deems prudent until

it determines,

in

accordance with paragraph subsection

(i), that the

owner or operator is no longer required

to maintain

financial assurance for final closure-~ofthe

facility.

If the Agency does not instruct the

trustee

to make such reimbursements, the Agency

shall provide the owner or operator with

a detailed

written statement of reasons.

11)

The Agency willshall agree

to termination of the

trust when:

A)

An owner or operator substitutes alternate

financial assurance as specified in this

sSection;

or

B)

The Agency releases the owner or operator from

the requirements of this eSection

in

accordance with paragraph subsection

(i).

b)

Surety bond guaranteeing payment into a closure trust

fund.

1)

An owner or operator may satisfy the requirements

of this sSection by obtaining

a surety bond which

conforms

to the requirements of this paragraph

subsection and submitting the bond

to the Agency.

75.391

---

—67—

An owner or operator of

a new facility mustshall

submit the bond to the Agency at least 60 days

before the date on which hazardous waste

is first

received

for

treatment, storage or disposal.

The

bond must be effective before this initial receipt

of hazardous waste.

The surety company issuing the

bond must,

at

a minimum, be among those listed as

acceptable sureties on Federal bonds in Circular

570 of the U.S. Department of the Treasury.

2)

The wording

of the surety bond must be identical to

the wording specified in 48 ~PR 8?4T151*b+as

specified in Section 724.251.

3)

The owner

or operator who uses a surety bond to

satisfy the requirements of this sSection mustshall

also establish

a standby trust

fund.

Under the

terms of the bond, all payments made thereunder

will

be deposited by the surety directly into the

standby trust

fund in accordance with instructions

from the Agency.

This standby trust fund must meet

the requirements specified

in paragraph subsection

(a) except that:

A)

An eriginellyoriginal, signed duplicate of the

trust agreement must be submitted to the

Agency with the surety bond;

and

B)

Until the standby trust fund is funded

pursuant to the requirements of this sSection,

the following are not required by these

regulations:

i)

Payments into the trust fund as specified

in paragraph subsection

(a):

ii)

Updating of Schedule A of the trust

agreement (see

40 CFR 264.251(a))

to show

current closure cost estimates;

iii) Annual valuations as required by the

trust agreement;

and

iv)

Notices of nonpayment as required by the

trust agreement.

4)

The bond must guarantee that the owner

or operator

will:

A)

Fund

the standby trust fund

in an amount equal

to the penal sum of the bond before the

beginning

of final closure of

the facility;

or

75-392

---

—68—

B)

Fund the standby trust fund

in an amount equal

to the penal sum within 15 days after an order

to begin final closure is issued by the Board

or

a U.S. district court or other court of

competent jurisdiction; or

C)

Provide alternate financial assurance as

specified

in this eSection, and obtain the

Agency’s written approval of the assurance

provided, within 90

days after receipt by both

the owner or operator and the Agency of a

notice of cancellation of

the bond from the

surety.

5)

Under the terms of the bond, the surety will become

liable on the bond obligation when the owner or

operator fails

to perform as guaranteed by the

bond.

6)

The penal sum of

the bond must be in an amount at

least equal

to the current closure cost estimate,

except as provided

in paragraph subsection

(g).

7)

Whenever

the current closure cost estimate

increases

to an amount greater than the penal

sum,

the owner or operator, within 60 days after the

increase, mustshall

either cause the penal sum to

be increased

to an amount at least equal

to the

eurrent closure cost estimate and submit evidence

of such increase to the Agency or obtain other

financial assurance as specified

in this eSection

to cover the increase.

Whenever the current

closure cost estimate decreases,

the penal sum may

be reduced

to the amount of the current closure

cost estimate following written approval by the

Agency.

8)

Under the terms of the bond,

the surety may cancel

the bond by sending notice of cancellation by

certified mail to the owner

or operator and

to the

Agency.

Cancellation may not occur,

however,

during the 120 days beginning on the date of

receipt of the notice of cancellation by both the

owner

or operator and the Agency, as evidence by

the return receipts.

9)

The owner

or operator may cancel the bond

if the

Agency has given prior written consent based on its

receipt of evidence of alternate financial

assurance as specified in this sSection.

75-393

---

—69—

c)

Surety bond guaranteeing performance of closure.

1)

An owner or operator may satisfy the requirements

of this eSection by obtaining a surety bond which

conforms

to the requirements of

this paragraph and

submitting

the bond to the Agency.

An owner or

operator of a new facility mustshall submit the

bond to the Agency at least 60 days before the date

on which hazardous waste

is first received for

treatment, storage or disposal.

The bond must be

effective before this initial receipt of hazardous

waste.

The surety company issuing the bond must,

at

a minimum,

be among those listed as acceptable

sureties on Federal bonds in Circular 570 of the

U.S. Department of the Treasury.

2)

The wording of the surety bond must be identical to

the wording specified in 48 ?FR 864~l5l*c+as

specified

in Section 724.251.

3)

The owner or operator who uses

a surety bond to

satisfy the requirements

of this sSection mustshall

also establish

a standby trust fund.

Under

the

terms of

the bond,

all payments made thereunder

will be deposited by the surety directly into the

standby trust fund in accordance with instructions

from the Agency.

This standby trust must meet the

requirements specified

in paragraph subsection

(a),

except that:

A)

An originallyoriginal, signed duplicated

of

the trust agreement must be submitted to the

Agency with the surety bond;

and

B)

Unless the standby trust fund is funded

pursuant

to the requirements of

this sSection,

the following are not required by these

requlations:

i)

Payments into the trust fund as specified

in paragraph subsection

(a);

ii)

Updating of Schedule A of the trust

agreement (see 48 ?FR

~64TlSl+a+as

specified

in Section 724.251)

to show

current closure cost estimates;

iii) Annual valuations as required by the

trust agreement;

and

iv)

Notices of nonpayment as required by the

trust agreement.

75-394

---

—70—

4)

The bond must guarantee that the owner or operator

will:

A)

Perform final closure

in accordance with

the

closure plan and other requirements of the

permit for the facility whenever required to

do so;

or

B)

Provide alternate financial assurance as

specified

in this sSection, and obtain the

Agency’s

written

approval

of

the

assurance

provided, within 90 days after receipt by both

the owner or operator and the Agency of a

notice of cancellation of the bond from the

surety.

5)

Under

the terms of the bond,

the surety will become

liable on the bond obligation when the owner or

operator

fails

to

perform

as

guaranteed

by

the

bond.

Following a final judicial determination or

Board

order finding pursuant to Section 3998 of the

Resource Sonservation and Recovery Act or Section

-21+f+ of the Snvironmentel Protection Act that the

owner

or operator has failed

to perform final

closure in accordance with the approved closure

plan and other permit requirements when required

to

do so,

under

the terms of

the bond the surety will

perform final closure as guaranteed by the bond or

will deposit the amount of the penal sum into the

standby trust fund.

6)

The penal sum of the bond must be

in an amount at

least equal

to the current closure cost estimate.

7)

Whenever the current closure cost estimate

increases

to an amount greater than the penal sum,

the owner

or operator, within 60 days after the

increase, mustshall either cause the penal sum to

be increased

to an amount at least equal

to the

current closure cost estimate and submit evidence

of such increase

to the Agency or obtain other

financial assurance as specified in this

sSection.

Whenever the current closure cost

estimate decreases, the penal sum may be reduced

to

the amount of the current closure cost estimate

following written approval by the Agency.

8)

Under the terms of the bond, the surety may cancel

the bond by sending notice of cancellation by

certified mail

to the owner

or operator and

to the

Agency.

Cancellation may not occur, however,

during the 120 days beginning on the date of

75.395

---

—71—

receipt of the notice of cancellation by both the

owner or operator and the Agency,

as evidenced by

the return receipts.

9)

The owner or operator may cancel the bond

if the

Agency has given prior written consent.

The Agency

willshall provide such written consent when:

A)

An owner or operator substitutes alternate

financial assurance as specified

in this

sSection;

or

B)

The Agency releases the owner

or operator

from

the requirements of this eSection in

accordance with paragraph subsection

(i).

10)

The surety willshall not be liable for deficiencies

in the performance of closure by the owner or

operator after

the Agency releases the owner or

operator

from the requirements of this sSection in

accordance with paragraph subsection

(i).

d)

Closure letter

of credit.

I)

An owner

or operator may satisfy the requirements

of this sSection by obtaining an irrevocable

standby letter

of credit which conforms to the

requirements of this paragraph and submitting the

letter

to the Agency.

An owner or operator of a

new facility mustshall submit

the letter of credit

to the Agency at least 60 days before the date on

which hazardous waste

is first received for

treatment,

storage or disposal.

The letter of

credit must be effective before this initial

receipt

of hazardous waste.

The issuing

institution must be an entity which has the

authority to issue letters of credit and whose

letter—of—credit operations are regulated and

examined by a Federal or

State agency.

2)

The wording of the letter of credit must be

identical to the wording specified in 48 ?FR

264~-l5l+d+asspecified

in Section 724.251.

3)

An owner or operator who uses a letter

of credit to

satisfy the requirements of this sSection mustshall

also establish

a standby trust fund.

Under the

terms of

the letter of credit, all amounts paid

pursuant

to

a draft by the Agency will be deposited

by the issuing institution directly into the

standby trust fund

in accordance with instructions

from the Agency.

This standby trust fund must meet

75-396

---

—72—

the requirements of the trust fund specified

in

paragraph subsection (a), except that:

A)

An originallyoriginal, signed duplicate of the

trust agreement must be submitted to the

Agency with the letter of credit; and

B)

Unless the standby trust fund is funded

pursuant to the requirements of

this eSection,

the following are not required by these

regulations.

i)

Payments into the trust fund as specified

in paragraph subsection

(a);

ii)

Updating

of Schedule A of the trust

agreement (see 48 ?FR 8~64~5l+e+as

specified

in Section 724.251)

to show

current closure cost estimates;

iii) Annual valuations as required by the

trust agreement;

and

iv)

Notices of nonpayment as required by the

trust agreement.

4)

The letter

or credit must be accompanied by a

letter from the owner or operator referring to the

letter

of credit by number,

issuing institution,

and date and providing the following information:

the EPA Identification Number, name and address of

the facility, and the amount of funds assured for

closure

of the facility by the letter of credit.

5)

The letter

of credit must be irrevocable and issued

for

a period of at least

1 year.

The letter of

credit must provide that the expiration date will

be automatically extended for

a period of at least

1 year unless, at least 120 days before the current

expiration date, the issuing institution notifies

both the owner or operator and the Agency by

certified mail of

a decision not to extend the

expiration date.

Under the terms of the letter

of

credit, the 120 days will begin on the date when

both the owner or operator and

the Agency have

received the notice,

as evidenced by the return

receipts.

6)

The letter

of credit must be issued

in an amount at

least equal

to the current closure cost estimate,

except as provided in paragraph subsection

(g).

75-397

---

—73—

7)

Whenever the current closure cost estimate

increases to an amount greater than the amount of

the credit, the owner

or operator, within 60 days

after

the increase, mustshall either cause the

amount of the credit to be increased so that it at

least equals the current closure cost estimate and

submit evidence of such increase

to the Agency,

or

obtain other financial assurance as specified in

this sSection to cover the increase.

Whenever the

current closure cost estimate decreases, the amount

of the credit may be reduced

to the amount of the

current closure cost estimate following written

approval by the Agency.

8)

Following

a final judicial determination or Board

order

finding pursuant to Section 3888 of the

Resource Sonservatien and Recovery Act or Section

e? the Environmental Protection Act that the

owner

or operator has failed to perform final

closure

in accordance with

the closure plan and

other permit requirements when required to do so,

the Agency may draw on the letter of credit.

9)

If the owner or operator does not establish

alternate financial assurance as specified in this

sSection and obtain written approval of such

alternate assurance from the Agency within 90 days

after receipt by both the owner or operator and the

Agency of a notice from issuing institution that it

has decided not to extend the letter of credit

beyond the current expiration date, the Agency

willshall draw on the letter of credit.

The Agency

may delay

the drawing

if the issuing institution

grants an extension

of the term of the credit.

During the last 30 days of any such extension the

Agency willshall draw on the letter of credit

if

the owner or operator has failed to provide

alternate financial assurance as specified

in this

sSection and obtain written approval of such

assurance from the Agency.

10)

The Agency willshall

return the letter of credit to

the issuing institution for termination when:

A)

An owner or operator substitutes alternate

financial assurance as specified

in this

sSection;

or

B)

The Agency releases the owner or operator from

the requirements of this sSection

in

accordance with paragraph subsection

(i).

75.398

---

—74—

e)

Closure insurance.

1)

An owner or operator may satisfy the requirements

of

this sSection by obtaining closure insurance

which conforms to the requirements of this

paragraph and submitting a certificate

of such

insurance

to the Agency.

An owner or operator of

a

new facility mustshall

submit the certificate of

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.

At a minimum, the insurer must be

licensed to transact the business of insurance,

or

eligible to provide insurance as an excess or

surplus lines insurer,

in one or more States.

2)

The wording of the certificate

of insurance must be

identical to the wording specified in 48 8PR

~47l5l+e+as

specified

in Section 724.251.

3)

The closure insurance policy must be issued for

a

face amount at least equal to the current closure

cost estimate, except as provided

in paragraph

subsection

(g)

.

The term “face amount” means the

total amount the insurer

is obligated to pay under

the policy.

Actual payments by the insurer will

not change the face amount, although the insurer’s

future liability will be lowered by the amount of

the payments.

4)

The closure insurance policy must guarantee that

funds will

be available

to close the facility

whenever final closure occurs.

The policy must

also guarantee that, once final closure begins, the

insurer will

be responsible

for paying out funds,

up to an amount equal

to the face amount of the

policy,

upon the direction of

the Agency to such

party or parties as the Agency specifies.

5)

After beginning partial or

final closure, an owner

or operator

or any other person authorized to

perfermconduct closure may request reimbursement

for closure expenditures by submitting itemized

bills to the Agency.

The owner

or operator may

request reimbursements for partial

closure only if

the remaining value of the policy

is sufficient to

cover

the maximum costs of closing the facility

over its remaining operating life. Within 60 days

after

receiving bills for closure activities, the

Agency shallwill determine whether the closure

expenditures are in accordance with the closure

75-399

---

—75—

plan or otherwise ~ustified7 and if so-, will

instruct the insurer

to make reimbursement in such

amounts as the Agency specifies

in writingTif the

Agency determines that the partial or final closure

expenditures are in accordance with the approved

closure plan or otherwise justified.

If the Agency

has reason to believe determines that the maximum

cost of closure over the remaining life of the

facility will be significantly greater than the

face amount of the policy,

it mayshall withhold

reimbursement

of

such

amounts

as

it

deems

prudent

until

it determines,

in accordance with paragraph

subsection

(i), that the owner

or operator

is no

longer required to maintain financial assurance for

final closure of the facility.

If the Agency does

not instruct the insurer

to make~uch

reimbursements, the Agency shall provide the owner

or operator with

a detailed written statement of

reasons.

6)

The owner or

operator mustshall maintain the policy

in full

force and effect until

the Agency consents

to termination of the policy by the owner or

operator

as

specified

in

paragraph

subsection

(e)(lO).

Failure to pay the premium, without

substitution of alternate financial assurance as

specified

in this sSection, will constitute a

significant violation of these regulations,

warranting such remedy as the Board may impose

pursuant to the Environmental Protection Act.

Such

violation will

be deemed

to begin upon receipt by

the Agency of

a notice of future cancellation,

termination or failure

to renew due to nonpayment

of the premium,

rather than upon the date of

expiration.

7)

Each policy must contain a provision allowing

assignment of the policy

to

a successor owner or

operator.

Such assignment may be conditional upon

consent of the insurer, provided such consent is

not unreasonably refused.

8)

The policy must provide that the insurer may not

cancel, terminate or fail to renew the policy

except for failure

to pay the premium.

The

automatic renewal of the policy must,

at

a minimum,

provide the insured with the option

of renewal at

the face amount of the expiring policy.

If

there

is

a failure

to pay the premium, the insurer may

elect to cancel,

terminate or

fail to renew the

policy by sending notice by certified mail to the

owner or operator and the Agency.

Cancellation,

75-400

---

—76—

termination or

failure

to renew may not occur,

however, during the 120 days beginning with the

date of receipt of the notice by both

the Agency

and the owner or operator, as evidenced by the

return receipts.

Cancellation, termination or

failure

to renew may not occur and the policy will

remain

in full force and effect

in the event that

on or before the date of expiration:

A)

The Agency deems the facility abandoned;

or

B)

The permit is terminated or revoked or

a new

permit

is denied; or

C)

Closure

is ordered by the Board or

a U.S.

district court or other court of competent

jurisdiction; or

D)

The owner or operator

is named as debtor

in a

voluntary or

involuntary proceeding under

11

U.S.C.

(Bankruptcy); or

E)

The premium due

is paid.

9)

Whenever the current closure cost estimate

increases

to an amount greater than the face amount

of

the policy,

the owner

or operator, within 60

days after

the increase, muetshall

either cause

the

face amount to be increased to an amount at least

equal

to the current closure cost estimate and

submit evidence of such increase to the Agency, or

obtain other financial assurance as specified

in

this sSection to cover

the increase.

Whenever

the

current closure cost estimate decreases, the face

amount may be reduced to the amount of the current

closure cost estimate following written approval by

the Agency.

10)

The Agency willshall give written consent to the

owner

or operator that it may terminate the

insurance policy when:

A)

An owner or operator substitutes alternate

financial assurance as specified

in this

eSection;

or

B)

The Agency releases the owner or operator from

the requirements of this eSection in

accordance with paragraph subsection

(i).

f)

Financial test and corporate guarantee for closure.

75.401

---

—77—

1)

An owner or operator may satisfy the requirements

of this eSection by demonstrating that

it passes

a

financial test as specified in this paragraph.

To

pass this test the owner

or operator mustshall meet

the criteria of either paragraph subsection

(f)(l)(A)

or

(f)(l)(B):

A)

The owner

or operator mustshall have:

i)

Two of the following three ratios:

a

ratio of total liabilities to net worth

less than 2.0;

a ratio of the sum of net

income plus depreciation, depletion and

amortization to total liabilities greater

than 0.1;

and a ratio of current assets

to current liabilities greater than 1.5;

and

ii)

Net working capital and tangible net

worth each at least six times the sum of

the current closure and post—closure cost

estimates~andthe current plugging and

abandonment cost estimates

and

iii) Tangible net worth of at least $10

million; and

iv)

Assets located

in the United States

amounting to at least 90 percent of its

total assets or at least six times the

sum of the current closure and post

closure cost estimatesand

the current

plugging and abandonment cost estimates.

B)

The owner

or operator mustshall have:

i)

A current rating for its most recent bond

issuance of AAA, AA, A or BBB as issued

by Standard and Poor’s or Aaa, Aa, A or

Baa as issued by Moody’s;

and

ii)

Tangible net worth at least six times the

sum of the current closure and post—

closure cost estimates~andthe current

plugging and abandonment cost estimates

and

iii) Tangible net worth of at least $10

million; and

iv)

Assets located in the United States

amounting to at least 90 percent of its

75-402

---

—78—

total assets or

at least six times the

sum of the current closure and post—

closure cost estimates and the current

plugging and abandonment cost estimates.

2)

The phrase “current closure and post—closure cost

estimates”

as used in paragraph subsection (f)(1)

refers

to the cost estimates re~üiredto be shown

in paragraphs

1—4 of the letter from the owner’s or

operator’s chief financial officer

(40 CFR

264.151(f))

(incorporated by reference

in Section

724.251).

The phrase “current plugging and

abandonment cost estimates” as used

in subsection

(f)(l)

refers

to the cost estimates required to be

shown in paragraphs 1—4 of the letter

from the

owner’s or operator’s chief financial officer (40

CFR 144.70(f)),

incorporated by reference

in

35

Ill. Adm. Code 704.240).

3)

To demonstrate that it meets this test,

the owner

or operator

mustshall submit the following items

to

the Agency:

A)

A letter signed by the owner’s or operator’s

chief financial officer and worded as

specified

in 48 ?PR ~?4-l5l-ff+Section 724.251

and

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;

and

C)

A special report from the owner’s or

operator’s independent certified public

accountant to the owner or operator stating

that:

i)

HeThe 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 histhe accountant’s

attention which caused himthe accountant

to believe that the specified data should

be adjusted.

75.403

---

—79—

4)

An owner or operator of

a new facility mustshall

submit the items specified in paragraph 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

paragraph subsection

(f)(3),

the owner or operator

mustshall 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 paragraph subsection

(f) (3).

6)

If the owner or operator no longer meets the

requirements of paragraph subsection (f)(l)

it

mustthe owner or operator shall

send notice

to the

Agency of

intent to establish alternate financial

assurance as specified

in this sSection.

The

notice must be sent by certified mail within 90

days after

the end of

the fiscal year for which the

year—end financial data show that the owner or

operator no longer meets

the requirements.

The

owner

or operator mustshall provide the alternate

financial assurance within 120 days after the end

of such fiscal year.

7)

The Agency may,

based on a reasonable belief that

the owner or operator may no longer meet the

requirements of paragraph subsection

(f)(l),

require reports of financial condition at any time

from the owner

or operator

in addition to those

specified in paragraph subsection (f)(3).

If the

Agency finds, on the basis of such reports or other

information, that the owner

or operator no longer

meets the requirements

of paragraph subsection

(f)(l),

the owner or operator mustshall provide

alternate financial assurance as specified

in this

eSection within 30 days after notification of such

a finding.

8)

The Agency may disallow use of

this test on the

basis of qualifications in the opinion expressed by

the independent certified public accountant

in his

the accountant’s report on examination of

the

owner’s or operator’s financial statements

(see

pare~raphsubsection (f)(3)(B)).

An adverse

opinion or a disclaimer of opinion will be cause

for disallowance.

The Agency willshall evaluate

other qualifications on an individual

basis.

The

Owner or

operator mustshall provide alternate

financial assurance as specified in this sSection

75-404

---

—80—

within 30 days after notification of

the

disallowance.

9)

The owner or operator

is no longer required to

submit the items specified in paragraph subsection

(f)(3) when:

A)

An owner or operator substitutes alternate

financial assurance as specified

in this

eSection;

or

B)

The Agency releases the owner or operator from

the requirements of this eSection in

accordance with paragraph subsection

(i).

10)

An owner or operator may meet the requirements of

this sSection by obtaining

a written guarantee,

hereafter referred to as “corporate guarantee.”

The guarantor mustshall be the parent corporation

of

the owner

or operator.

The guarantor mustshall

meet the requirements

for owners

or operators in

paragraph subsections (f)(1)

through

(f)(8),

mustshall comply with the terms of the corporate

guarantee and the wording of the corporate

guarantee must be identical to the wording

specified in 48

epR

~64-lSl+h+as specified in

Section 724.251.

The corporate guarantee must

accompany the items sent

to the Agency as specified

in paragraph subsection

(f)(3).

The terms of the

dorporate guarantee must provide that:

A)

If the owner or operator fails

to perform

final closure of

a facility covered by the

corporate guarantee in accordance with the

closure plan and other permit requirements

whenever required

to do so,

the guarantor will

do so or establish

a trust fund as specified

in paragraph subsection

(a)

in the name of the

owner or operator.

B)

The corporate guarantee will remain in force

unless the guarantor sends notice of

cancellation by certified mail to the owner or

operator and to the Agency.

Cancellation may

not occur, however,

during the 120 days

beginning on the date

of receipt of the notice

of cancellation by both the owner or operator

and the Agency, as evidenced by the return

receipts.

C)

If the owner or operator fails

to provide

alternate financial assurance as specified ir~

75-405

---

—81—

this sSectiori and obtain the written approval

of such alternate assurance from the Agency

within 90 days after receipt by both the owner

or operator and the Agency of a notice

of

cancellation of the corporate guarantee from

the guarantor,

the guarantor will provide such

alternative financial assurance in the name of

the owner or operator.

g)

Use

of multiple financial mechanisms.

An owner or

operator may satisfy the requirements of

this eSection

by establishing more than one financial mechanism per

facility.

These mechanisms are limited to trust funds,

surety bonds guaranteeing payment into a trust

fund,

letters of credit and insurance.

The mechanisms must be

as specified

in paragraph subsections (a),

(b),

(d) and

(e), respectively, except that it

is the combination of

mechanisms, rather than the single mechanism, which must

provide financial assurance for an amount at least equal

to the current closure cost estimate.

If an owner or

operator uses a trust fund in combination with a surety

bond or a letter of credit,

it may use the trust fund as

the standby trust

fund for

the other mechanisms.

A

single standby trust fund may be established for two or

more mechanisms.

The Agency may use any or all of the

mechanisms

to provide for closure

of the facility.

h)

Use of a financial mechanism for multiple facilities.

An

owner or operator may use

a financial assurance

mechanism specified

in this eSection

to meet the

requirements

of this eSection for more than one

facility. Evidence of Tinancial assurance submitted to

the Agency must include a list showing, for each

facility,

the EPA Identification Number, name,

address

and the amount of funds for closure assured by the

mechanism.

The amount

of funds available through the

mechanism must be

no less than the sum of funds that

would be available

if

a separate mechanism had been

established and maintained

for each facility.

The

amount of funds available

to the Agency must be

sufficient

to close all

of the owner or operator’s

facilities.

In directing funds available through the

mechanism for closure of any of the facilities covered

by the mechanism, the Agency may direct only the amount

of funds designated

for that facility, unless the owner

or operator agrees

to the use of additional funds

available under

the mechanism.

1)

ReJ.ease of the owner or

operator from the requirements

of this Section.

Within

60 days after receiving

certifications from the owner

or operator and

an

1ndepen~entregistered professional engineer that final

75-406

---

—82—

closure has been accomplished

in accordance with the

approved closure plan,

the Agency willshall notify the

owner or operator

in writing that

it

is no longer

required by this sSection to maintain financial

assurance for closure

of the particular facility, unless

the Agency has reason to believe determines that closure

has not been in accordance with

the approved closure

plan.

The Agency shall provide the owner

or operator

a

detailed written statement of any such determination

that closure has not been

in accordance with the

approved closure plan.

j)

Appeal.

The following Agency actions are deemed

to be

permit modifications or refusals

to modify for purposes

of appeal

to the Board f(35 Ill. Adm. Code

702.184(e) (3)fl:

1)

An increase

in,

or

a refusal

to decrease the amount

of,

a bond, letter

of credit or insurance;

2)

Requiring alternate assurance upon a finding that

an owner

or operator, or parent corporation, no

longer meets a financial test.

(Source:

Amended at 11

Ill.

Reg.

,

effective

)

Section 724.244

Cost Estimate for Post—closure Care

a)

The owner or operator

of

a facility sub~eetto post—

closure monitoring or maintenance requirements must

disposal surface impoundment, land treatment or landfill

unit,

or

of

a surface impoundment or waste pile required

under Sections 724.328

or 724.358

to prepare

a

contingent closure and post—closure plan shall have

a

detailed written estimate,

in current dollars, of the

annual cost of post—closure monitoring and maintenance

of the facility in accordance with the applicable post—

closure regulations

in Sections 724.217 through 724.220,

724.328, 724.358, 724.380 and 724.410.

1)

The post—closure cost estimate must be based on the

costs

to the owner or operator