ILLINOIS POLLUTION CONTROL BOARD

April

4, 1985

IN THE MATTER OF:

FINANCIAL ASSURANCE FOR CLOSURE

)

R84—22B

AND POST-CLOSURE CARE OF WASTE

DISPOSAL SITES

(TEMPORARY RULES)

)

FINAL ORDER.

ADOPT~k~RULE

(R84—22B)

On July 19,

19b4 the Board proposed amendments

to

35

Iii.

Mm. Code 807

in order

to implement the requirement of Section

21.1

of

the Environmental Protection Act that certain persons

conducting waste disposal operations provide

a performance

bond

or other security insuring closure of the site

arid post—closure

care

in accordance with

the Act

arid Board

rules.

The proposal

appeared

at

8

Ill.

Reg.

14145, August 10,

1984.

The Board

conducted hearings and received written comment as described

in

the Opinion.

Section 21.1 of the Act required the Board to adopt

regulations by January

1,

1985; yet, the Department of Energy and

Natural Resources was unable

to prepare an economic impact

study.

On December

27, 1984 the Board therefore adopted

emergency regulations R84—22A and sent temporary rules

(R84—22B)

to second notice

in accordance with Sections 27(b)

and 27(c)

of

the Act.

The emergency rules appear~edat

9

Ill.

Reg. 1162,

January 25,

1985.

As

is described

in the Opinion,

the Board has revised the

temporary rules pursuant to comments from the

staff of the Joint

Committee on Administrative Rules

(JCAR).

The Board will

separately respond

to a recommendation that the Board seek

legislative clarification,

The Board th?.refore adopts

the

temporary rules,

the text of which is attached to this Order.

Striking and underlining

refer

to the text of Part

807 prior

to

adoption of the emergency rules.

When filed with the Secretary

of State

the temporary rules will replace the emergency rules.

The Board adopted

a separate Opinion on April

4,

1985.

IT

IS SO ORDERED.

J.

Theodore Meyer concurred and B.

Forcade dissented.

I,

Dorothy M. Gum, Clerk of the Illinois Pollution Control

Board hereby certify that the above Order was adopted

on

the

___________

day of

____________________,

1985 by

a vote

of

~/-

/

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board

83-349

---

-t-

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE AND SPECIAL WASTE HAULING

PART 807

SOLID WASTE

SUBPART

A:

GENERAL PROVISIONS

Section

807.201

807.202

807. 203

807

.

204

807.205

807. 206

807.207

807.208

807.209

807.210

807.211

807.212

807.213

807.214

Development Permits

Operating Permits

Experimental Permits

Former Authorization

Applications for Permit

Permit Conditions

Standards for Issuance

Permit No Defense

Permit Revision

Supplemental Permits

Transfer of Permits

Permit Revocation

Design, Operation

and Maintenance Criteria

Revised Cost Estimates

Prohibition

SUBPART

C:

SANITARY LANDFILLS

Compliance with Permit

Methods of Operation

Equipment, Personnel

and

Supervision

Cover

Litter

Salvaging

Scavenging

Animal Feeding

Special Wastes

Open Burning

Air Pollution

Water Pollution

Standard Requirements

Protection of Waters of

Section

807.101

807.102

807.103

807.104

Rutho~

:1ty, Policy and Purposes

Repeals

Severability

Defini.~tions

SUBPART

B:

SOLID WASTE PERMITS

Section

807.301

807.302

807.303

807

,

304

807.305

807.306

807.307

807.308

807.309

807. 310

807.311

807.312

807.313

807.314

807.315

the State

63-350

---

807.316

Application

807.317

Operating Records

807.318

Completioridor Closure

Requirements

SUBPART B:

CLOSURE

AND POST—CLOSURE

CARE

Section

807.501

~

807.502

Closure Performance

Standard

807.503

807.504

Amendment of Closure

Plan

807.505

Notice of ~llosurearid

Final Amendment to

Plan

807 .506

~7

____

Partial Closure

807.508

Certification of Closure

807

509

Use of Waste !2112win

Closure

______

Post—C1osu~r~Care Plan

807,524

~ent~if~

dCom letion

of

Post-Closure Care Plan

SUBPART

F:

FINANCIAL ASSURANCE FOR CLOSURE

AND POST-CLOSURE

CARE

Section

807.600

~~S~j~andA1

icab

illt~

807.601

~

Financial Assurance

807.602

Time_for

Submission

of Financial Assurance

807

.

603

~

807.604

Release

of

Financial

Institution

807.605

~

~6

06

~s~ftheOerator

807.620

Current Cost Estimate

807.621

Cost Estimate

for

Closure

807.622

Cost Estimate for

Post—closure

Care

807.623

Biennial Revision of Cost

Estimate

807,624

Interim Formula

for Cost

Estimate

807.640

Mechanisms

for Financial

Assurance

807.641

~~Mul~flle

Financial

Mechanisms

807.642

Use of Financial Mechanism

forMu1tiple Sites

807.643

8O7~~TRCRA Financial Assurance

807.661

Trust Fund

~662

~BondGuaranteeinPaent

807.663

~BondGuaran~!einP

erformance

807.664

807.665

Closure Insurance

807.666

Self—insur~ncefor Non—commercial Sites

~l1u~t

ion A

x A, Illustration B

~fi2~teofAcknow1edm~t

~

Forfeiture

Bond

~2~xA,I1lust~rationD

Performance Bond

Irrevocable

S

t~etterof~it

Certificate

of Insurance for

Closure

and/or

Post—Closure Care

63-351

---

—4--

Operator~sBond Without Surety

~

Operator~sBond With Parent Surety

~24xA,I11u~~I

Letter from Chief Financial Officer

A

B:

Old Rule Numbers Referenced

AUTHORITY:

Implementing Sections

5,

21.1 and 22 and authorized

by Section

27

of the Environmental

Protection Act

(Ill,

Rev.

Stat.

1983,

ch.

111 1/2, pars.

1005, 1021.1,

1022 and 1027).

SOURCE:

Adopted as an emergency rule

and filed with the

Secretary of State Ju1A

27,

1973;

amended at

2

Ill. Reg.

16,

p.

3,

effecti~’~

yril

10, 1978;

codified at

7

Ill, Reg.

13636;

recodified

f~io~

tubchapter

h to

Subchapter

i

at

8

Ill, Reg.

13198, emergency amendment

in R84—22A at

9 111,

Reg.

741,

effective January

3, 1985 for

a

maximum of

150 days;

amended

in

R84—22B at 9

III.

Reg.

_________

effective

_______________

SUBPART A:

GENERAL PROVISIONS

Section 807.104

Definitions

Except as hereinafter

stated,

and unless

a different

meaning

of

a

word or term

is clear from its

context,

the definitions

of words

or

terms as are used

in this

Part shall be the same as those used

in the Environmental Protec~tion

Act.

“Abandonment”

means_the

failure

to initiate

closure within

30

~

of waste”,

“Bedrock” means

the solid

rock exposed

at the surface of the

earth or overlain by unconsolidated material

“Cell” means compacted refuse completely enclosed by cover

material.

“Compaction” means

the reduction of volume of material under

load.

~

“Cover material” means

soil or other material

that is used to

cover compacted solid waste

in a

sanitary

landfill

arid that

is free of objects that would

hinder compaction and

free of

content that would be conducive

to vector harborage,

feeding

or breeding.

“Development” means construction

or

installation

of

a

“unit.”

~l~ty

w~th~nthe

mee~nge~theee te~meused th

Beethen

39

of

the

ACfT

~

a

rlacin

of

any

waste~~~nan

land

~

63-352

---

—5-.

~

the environment

or

be

emitted

~heair~Ldischared

into

any waters, including

~

includes

methods

of storage or treatment

in which there

is no certain

plan to remove

wastes

or waste residues from the storage or

treatment unit to

another unit for ultimate disposal.

Faci 1 ity”~

as

used

in this Part1 means

the same

thin9

as

“unit”.Mea~9any

deviee~

meeh~ntem7equ4pmen~e~area ased

~Of

e~efge~~fe~s~ef7 pfoee~s~I~g~

e~r~e~a~ert

@f

depee~o~

send wae~ev

“Final

volume

of

waste”

means

the last q~uantityof waste

A quantity of waste

is

assumed

to be the final volume

if the operator receives

no

~

that

~

operatot

~

at the site for

p~salinamannerwhichisnot~contro11ed

bIthe~~L

does

not

affect

the

determination

of when the final

volume

of

was

rece iv ed

b

the

o erator

“Groundwater”

means

water

occurring

in the

zone of saturation

in

any

aquifer

or

soil.

“Hazardous

waste”

is as defined

in 35

Ill. Adm. Code

72l.mee~seo~dwaste at

~hefertt p~eper~esw~e1~

make

st~eh

waste d~-~eu~te~dat

e~eus

4~2ø

mer~ageL,y rte~me3 meafte

e~d4~g~t

net ~m~ited to

eI~iem4ea~s7exp~estves7

e~eg~ee~

wastes7 fad±eee ye me~s7

er~dwastes ~ke~y

to

eause

~4edv

~

or”storage”

in such a

Lthet

ersonyould

f

ace technical difficulties

or

~

costs

in

rem

yin

t

wastes or waste

residues from the

~

unit,

so that itj~y

~_2e~!art9~l2~ethetreatmentorstora9eunitasa

~

which wastes

or

waste

residues

remain

for more than one year

is assumed to

~

rator demonstrates that

~

and economicafl~r

easonable

to

remove

the

waste

for ultimate dis~osa1~pr

br

to

or upon

closure

“Leachate” means liquid

containing materials removed

from

solid waste.

“Lift” means

an accumulation of

refuse

which

is compacted

into

a cell and over which compacted cover

is placed.

“Modification” means any physical change,

or

change in the

method of operation, of a solid waste management unit,

the~thty For purposes of permits

issued pursuant to this

Part,

the Agency may specify

conditions under

which a solid

63-353

---

—6—

waste management unit ~ae~~ty

may be operated without

causing

a modification as herein

defined.

“Operator” means a person

who

conducts a waste treatment,

~

OW~S7

‘eases or

manages

a

se~4d waste

menageme~~

?~C~ttyT

~

erso

who

has

an interest, dire~1~

~

leasehold

interest,

on

~~ha~rsonconductsawaste

treatment,

waste stora9e

or

is

ooa

ration.

The

“owner”

is the “~erator” if

there

is

na

her

erson

who

is conductin9awaste

treatment,

waste

stor ag

as

te d

is

osal

qp~e

ration

“Permeability” means

the capability of

a material to pass a

fluid.

“Professional Engineer” means an engineer registered to

practice engineering

in the

State of Illinois.

“Refuse” means waste. garbage or

ether d~seerded

meteria~s~

“Salvaging” means

the

return

of se~dwaste materials

to

beneficial use,

“Scavenging”

mean~s the

removal of materials from a

solid

waste management unit ?ae~~tyin a manner not

in conformity

with the regulations governing salvaging.

“Site”

means

any

location,

place or tract of

land used and

~ae~~tfes

for ee~4dwaste management.

~4~ma

include

one

or more units.

Se4fd

waste

dfepesal

means

d~spee~t~e~

e~se~dwaste by

means

aeeepteb3e

under

reg~at~o~s

adopted by the Beard~

“Solid waste management”. means

“waste management”,

the

process

of

aterage~

processing

or

dispesa3~

e~se~idwaste7

net

ine~uthng

hau~ing or

transpert~

~rae~meanst~containment

of waste, either ona

~

years,

in such

a manner

as

~

such waste.

“Surface water” means

all water

the surface of

which

is

exposed

to the atmosphere.

~

or

~~sde~j~ned

tohang~the~pcal,chemical

or

bio ~

~

as

to

rend

~

or

reduced

in

volume,

---

—7—

~

equipment

or area

used

~a

e,

~

tment

or d

isposal

of waste

“Vector”

means

any

living

agent, other

than human,

capable of

transmitting,

directly

or

indirectly, an

infectious

disease.

“Waste” mean~~yjarbage,

sludge from a waste treatment

~i~nt,

wat~~

treatment plant,

or air pollution control

facil~~oth~L~iscarded

material,

including solid,

i~d~~i~so1id,or

contained gaseous material resulting

from

industrial,

commercial,

mining and agricultural

~

activities,

but does not

include soi~cor ~isso1ved materials

in domestic sewage,

or

solid

or

dissolved

materials

in

irrigation return flows

or

industrial

disr

eswhich

are

point sources subject

to

p~~ts

under

35

Iii.

Mm.

Code

309.102

or source, si

nuclear,

orb

dumaterials

as defined by the

Atomic

~

Act

of

1954,

as

amended

(42 ~

1

etsegjor

lid or dissolved

material

from

any facility

sub~

ectto

deral

Surfa

Mthth

Control and Reclamation

Act

of

1977

(P,L,

95—87)

or

the

rules

and

regulations

thereunder

(Ill.

Rev,

Stat,

1983

ch,

96

1/2,

par.

7901.01

et

seq.

and

62

Ill.

Adm..

Code 1700

through

1845)

(Section

3

(11)

of

the

Act),

“Waste

management” means

the process of stora9e,

treatment or

disposal of

waste,

not

including hauling or

transport.

“Water

table” means that surface

in unconfined water

at which

the pressure

is atmospheric and

is defined by the levels at

which water

stands in wells that penetrate the water

just far

enough

to hold standing water.

“Working

face”

means

any

part

of a

sanitary landfill where

waste

rethee

is

being

disposed.

(Source:

Amended

at

9

Ill.

Reg.

_________,

effective

___________

SUBPART

B:

SOLID

WASTE

PERMITS

Section

807.205

Applications for

Permit

a)

All applications for

permit required under

these

regulations

shall contain all data and information

specified

in those

rules

governing the type of unit or

site ~aeithty for which

the

permit

is

required,

b)

The

Agency

may

adopt

procedures requiring such

additional

information as

is reasonably necessary to

determine whether the so~4dwaste management site will

meet the requirements of the Act and regulations.

63-355

---

—8—

c)

The Agency

may

prescribe the form in which all

information required under these regulations shall be

submitted.

d)

All permit application; shall be signed by the owner

and

operator of the seIld waste management site or their

duly authorized agents, shall be accompanied by evidence

of authority to sign the application and shall be

certified as to all engineering features by a

professional engineer.

e)

All permit applications shall be mailed or delivered to

the appropriate address designated by the Agency, and

shall be sent by registered or certified mail,

return

receipt requested or delivered in person.

Applications

which are hand—deliverd shall be delivered to and

receipted for by the Manager of the Agency’s Division of

Land Pollution Control or his designee.

f)

An application for permit shall not be deemed filed

until the Agency has received, at the designated

address, all information, documents,

and

authorization

in the form and with the content required by these rules

and related Agency procedures.

However,

if the Agency

fails to notify the applicant within 45 days after the

receipt of an application for development permit and 30

days after the receipt of an application for an

operating permit,

that. the application is incomplete,

and of the reasons, the application shall be deemed to

have been filed on the date received by the Agency.

An

applicant may deem the Agency’s notification that the

application is incomplete as a denial of the permit for

purposes of review pursuant to Section 40 of the Act.

g)

If the Agency fails

to. take final action on the

application for development permit within 90 days from

the filing thereof, or on the application for operating

permit within 45 days from the filing thereof, the

applicant may deem the; permit granted on the 91st day or

the 46th day after

the: application was filed.

h)

Any

applicant for a permit may waive the requirement

that the Agency shall take final action within 90 days

or 45 days from the filing of the application.

i)

The Agency shall send all notices of final action by

registered or certified mail, return receipt

requested.

Final action shall be deemed to have’ taken

place on the date that~such notice is mailed.

j)

If specifically authorized by statute, any person

adversely affected by the Ceseance ef a

permèt

may

petition the Board for a hearing before the Board to

contest the issuance by the Agency.

(Title X of the

Act)

---

—9—

k)

Upon receipt

of

a

request for a

permit

required

by

these

regulations,

the

Agency shall

notify

the State~s

Attorney

and

the

Chairman

of

the

County

Board

of

the

county

in which the

subject

facility is located and each

member

of the General

Assembly from the legislative

district

in

which

that

site

e~3~by

is located

and

the

clerk

of

each

municipality

any portion of which is

within

three

miles

of the site.

1)

All

applications

filed after March

1,

1985, shall

incluQ~,1L

required

by

Subparts

E

and F,

a closure

~~~ap~2st—closure

care

plan,

a closure cost estimate

and

a ~~—closure

care cost estimate showing

how

the

2~Lwillclose

each unit and

~2rovidepost~closure

care

in accordance

with

all applicable Board

~tions~

(Source:

Amended

at

9

Ill,

Reg.

_________,

effective

___________

Section 807.206

Permit

Conditions

a)

~ided~y~ections

39(a)

and ~

the

Agency may impose

such

conditions

in a

permit

as may be

necessary to accomplish the purposes of the Act, and

as

are not inconsistent with regulations promulgated by the

Board thereunder,

including periodic reports and full

access

to adequate records

and

the inspection of

facilities,

as ma~be necessary to assure corn~1iance

with

this

Act

and

with re9ulations

and standardsa!~

thereunder;

b)

The

applicant

may deem any condition imposed by the

Agency

as

a

denial

of

the permit for purposes of

review

pursuant

to

Section

40 of the Act.

c)

~~p~mitsissuedafterM

~

~

~

L

~

the

~wincon~itions:

fl

u~~jlan;

2)

~~o~ire

care plan if required

3)

A requirement that the operator notify

the

Agency

y~i~a~4as

after

~receiving

the

final

volume

of

waste;

4)

~r!~ent

that the

operator

initiate

imp~ernp~~tion

of

the

closure

plan

within

30

days

after

the

site

receives

its

final

volume of waste

5)

~J~auirement

that the

operator

not

fil~~

~

plan

less

than 18P

daZs~~~toreceipt of the final volume of waste

63-357

---

—10—

6)

A reg~jrement

that the operator provide financial

—

assurance

in

accordance with Subpart

F, man

amount equal

to the current cost estimate for

closure and post-closure

care;

7)

A req~irementthat the operator

file revised cost

estimates for closure and post-closure careat

least every two years

in accordance with Subpart

F.

(Source:

Amended

at

9

iii, Reg.

_________,

effective

___________

Section 807.209Permit Revision

a)

The Agency shall

revise any permit issued by

it to make

—

the

permit

compatible

with any relevant new regulations

adopted

by

the Board,

b)

~

ication of ~permit

at

~

to Section 807

~2O5an

~

requested.

(Source:

Amended

at

9

Iii.

Reg~

,

effective

________

Section

807.2l4Revised

Cost

Estimates

a)

A revised cost estimate

is any cost estimate other

than

one which results from modification

of

a closure or

post—closure care plan.

b)

A

revised

cost

estimate

shall

identify

the

operator,

site

and

closure

or

~ost-closure

care

plan

to

which

it

relates,

but need

not

include

any

additional

information

~red

ursuant

to Section

807.205.

c)

A revised cost

estimate

is

a

permit

modification

~

~

revised cost estimate shall

be deemed

incor

orated

into the

~permit

unless

the

A9ency~

takes

final

act:Lon on the revised cost estimate within 90 days

aft:er

ibs

rece:ipt

as

rovided

by Section 39(a)

of

the

Act:.

(Source:

Added at

9

I:L:L,

Hey.

effective

-

)

SrJBPART 5:

CLOSURE

AND POST-CLOSURE CARE

Section 807.S0lPurpose,

Scope and Applicability

a)

Tt4sSt~ar~~ontains

general provisions apvern

mg

closure

an

--cire

care

of

waste

mana~rnent

sites.

There general

provisions may be

supplemended

by

~

ecific

closure

and post—closure care

requirements

for

cc

r~in t

cc

of

83-358

---

—11—

~

~fica1l

th

losure and post-closure care

~

fills

contained

in

Subpart

C,

b)

~

tires

a closure plan and,

for some

~a9~-clos

ure

Care plan.

These will

become

E4~j~o~spursuant

to Section 807.206.

Sites

a permit pursuant

to

Section 21(d)

of the Act

are not required to pre~p~area

~~rj~~iosurecareplan.

C)

The~

ure

and

post—closure

care

plan form the basis

of

—

the

estimates and financial assurance required

by

F

for disposal sites.

The closure plan is also

usec

making the

determination

as

to whether

a unit

is a

torindefin ite storage unit, which

must

;~videfinancial

assurance.

(Source:

Added at

9

Ill. Reg

effective

__________)

Section 807.5O2Closure Performance

Standard

~i~on

to the secif

ic

requirements

of

this

Part,

an

operator

of a~~~~ement

site shall close

the

site

in

a

manner

which:

a)

Minimizes

the

need

for

further

maintenance;

and

b)

Controls,

minimizes

or

eliminates

ost—closure re

ease

o

waste, waste constituents,

eachate, contaminated

~al1,

or waste decomposition products

to

j~dwaterorsurfacewaters

or toth

e

atmo

sphere

to

~ntn~cessartoprevent

threats tohuman health

or

the

environment

(Source:

Added

at

9

Ill. Reg.

________,

effective

__________)

Section 807,SO3Closure Plan

a)

~ati~ja~aste

management site shall

have

~d~!ri~en

closure p’an

which

shanbea

~t1on

of the site

ermit.

b)

~p~rator~Lanindefjn

ite

storage

unit

shall

have

~

osure~plan

which

shall

beacondition

of the site

permit.

The

contingent

~rel~shaI1be

the

same

asaclosure

plan,

except

~

provided.

c)

~

ur

an

all

include

asaminhlnum:

ii

~

losureof

~te

at the

time

during

its

intended

operating

~u

when the

cost

of

closure

will

be~~atest;

83-359

---

—12—

2)

~

ditsintele

do;erating

life;

3)

~

cessar2

to prevent damage to the

environment

during temporary

susyens

ion of

waste

~

the operator

wants ~

would

allow

tem~por

ary suspension

o f Waste

~nc!

hsite

without ini~J~j~gflnal

clç~~-

4)

A J~ri

tion

of the steps necessaryto

ducontaminate eq~ipmentduring closure;

5)

An

estimate of the ~year in which thecostof

~matur~~l2~e

will be the

greatest

6)

An

estimate of the

exp~ected_year

of

closure;

7)

Schedules for

the

premature

and

final

closure_which

shall

include

at

a

minimum:

A)

Total time req~uired

to do

s~thes~j~and

B)

Time

r~9uired

for

closure

activities which

will allow tracking of thepro~g~essof

closure;

and

8)

~

i

on of

methods

for

com2liarlce with

all

~~irementsof

this Part,

d)

~osurelans~!1Ibe

included

in

the~erm~

~

807 .205.

~

Until closureh

een

corn leted,_the oerator

shall

~

the

site or

at a

~~nite

~!

on,secified

in the permitL

as

to

be

~

site.

(Source:

Added at

9

111. Reg~

,

effective

_______

Section

807.504

Amendment

of

Closure

Plan

An operator of awaste management site shall file a permit

~

an upon:

a)

~

the closure other than modifications authorized

in the

~t;Or

b)

Modifica

~f

t

at ions

of the

site

which

affect

~

other

than

modifications

au thor ized~~p~rmit,whic~

include~

but

are

not limited

to:

83-360

---

—13—

1)

~

rsu~pensionof

waste

acceptance

at

the

site

or

2)

A

reduction or increase in the rate of waste

~n~at

the

site;

or

~j

Jn

the

e

ected

year of

lost

thn

which

the

cost

of

pFemature closure will be

the

(Source:

Added ~

9

Ill.

Reg.

________,

effective

Section

807.505

Noticeo~

Closure and Final

Amendment

to

Plan

a)

~

ratorofawaste

management site shall send

to the

a

notice

of closure within

30 dais af

ter

the date

the final

volume

of.

waste

is received at

a waste

si

for

treatment,

storage

o

so~l.

b)

~

wte

management

site

shall

not

file

~

the closure plan less than

180

~

the final volume of

waste.

!~~!e

to

timel

file

shall not constitute

a bar

to

consideration

of

such

an

app lica tion,

but

ma~~aii~g~

in an enforcement

action pursuant to Title VIII of

the

Act.

(Source:

Added

at

9

Ill.

Reg.

effective

)

Section

807.506

Initiation

of

Closure

a)

management

site

shall

initiate

the

treatment,

removal

from

the

site

or

disposal

of

all

wastes

and

waste

residu~s

other

than

those

from

~finitestoraeunits:

1)

~i~0das

after

receipt of the final

volume

of

waste;

and

2)

In

accordance

with

the

closure

plan.

b)

~

nit shall,within

~Q

safter

re

t

ofa final volume

of waste, either

initiate:

1)

Removal

of

all

wastes

and

waste

residues

from

the

unit;

or,

2)

Closure

of

the unit

in accordance

with the

con~~n~losureplan

.

c)

~

rtor

must

not if~y the

Agency within

30d~y~~r

~~sl~9~of

waste acceptance,

The

63-361

---

—14—

r

ustcompl~

with

the

req~uirements

of

an~

~p~s

ion plan

in

the permit.

(Source:

Added

at

9

Ill.

Reg.

________,

effective

__________

SectiOn 807.507

Partial Closure

a)

~

a~pply to

the

entire

site

unless

the

permit

divides

the

site

into

definite

i~èas

which

include

one

or

more

units,

in

which

case

the

2~~or

aay_provide

separate

closure

and

post—closure

and cost estimates

for each area,

In

such

a

case

thu

ency

shall treat each area

as

a separate site

~

sof financial assurance

b)

If

a situ includes a disposal unit,

then the operator

must provide financial assurance for closure of

associated treatment and storage units, even

if the site

is divided into areas as

provided

in

par a9raph

(a).

c)

Post-closure

care

of

areas

formed

by

dividing

a

site

shall

contin’~euntil

post —closure

car

of

the

entire

~iscomleted.

(Source:

Added

at

9

Ill.

Reg.

________,

effective

__________)

Section 807.508

Certification of Closure

a)

When

closure

is

completed,

the operator of

a waste

~m~~~ha1lsubm

it

to the

Agency:

1)

Plan

sheets

for

the

closed

site;

and

2)

An

affidavit

by

the

operator

and

by

a

professional

~

that

the

site

has

been

closed

in

accordance

with

the

closure

plan.

b)

~j~y~indsthatthesitehasbeenclosedin

accordance

with

the s~pecifications of the closure ~

and

the

closure

re~irementsof this Part,

the

shall:

I)

Issue

a

certificate

of

closure for the site

2)

~4ft~p~ratorinwritin9

that any appiicable

p~l~~ure

eriod

has

begun;

and

3)

Provide

the date the

post—closure care

period

(Source:

Added

at

9

Ill,

Reg.

,

effective

___________

Section

807.509

lee

of

Waste

Following

Closure

63-362

---

—15—

~

a sit t~o

nay

acceptwa~ordisos~ior.~or~1sein closdpost-ciosure

nl

as

autI9~ized

in

the

closure

and

post—closure

care

plans.

(Source:

Added at

9

111, Reg~

________,

effective

__________)

Section

807.523

Post—Closure

Care Plan

a)

~

eratorof

a

disposal

site shall have a written

ceure

care

lan

which shall beacondition

of

the

~ermit,

b)

~

p

closure

care

plan shall

include asarninimum a

meodsfor

compliance with all

~

iements

of this Part.

c)

~a~~Lanindefinitestora~e

unit shall have a

~fl~tinen~2~st-closur

e

care

plan

which

shall

include

asaminimumadescription

of

methods

of

~2~p~4anc~yIith

all

post—closure care requirements

of

~

will

be

closed

asadisposal

unit

without

removal

of

all wastes and waste residues.

~

care

plan

shall

be

the

same

as

a post—closure care

plan,

except as otherwise

~icallrovided.

(Source:

Added

at

9

Ill.

Reg.

________,

effective

___________

Section 807.524

~p~mentation

and Completion of Post—Closure

Care

Plan

a)

~

dis~osalsite

shall

imp~ement

~cl9~ure

care

ian commencing with

receipt of a

certification

of

closure ~pursuant to Section

807.508.

b)

p~r~or~an

indefinite

stora9e

unit

shall

~

eht

post— closure

care

plan

~~ncin

with

receipt

of certificat

ion

of

closure

J~n~~hec9~!ngentclosureplan

.The

operator

~~treuiredt2~mlementthe

conti~gentpost-closure

2anifth~n~

determines that the op~~L has

removed

all

wastes

and

waste residues from the

~finitestoraeunit.

c

~

catailcertitythat

the

post—closure care

p~4

dhas

ended

wen

it determines:

1)

p~~s~cl9~ure

care

plan

has

been

comp~eted;

and,

2)

That

the

cite

will not cause future violations

of

the

Act

or

this

Part,

p3-363

---

—16—

(Source:

Added at

9 Ill.

Reg.

________,

effective

__________)

SUBPART

F:

FINANCIAL ASSURANCE FOR CLOSURE

AND

POST-CLOSURE CARE

Section 807,600

~~pose,

Scope and Applicability

a)

This Subp~~provides

procedures by which an operator of

—

a

waste

disposal

site can give 0financial

assurance”

~

of Section 21.1(a)

of the Act

~!uch~p~~or

post with the Agency a

p~erformance

bond

or

other

security

for

the

~urposeofinsuri~

closure

of

the

site

and post—closure care

in accordance

with

the Act and

Board

rules.

b)

Each

op~~~Lmust

file

a closure plan as part

of

a

—

permit appiication,

The operator of

a disposal

site

or

indefmite storage

unit must also file a post—closure

2p~~j~ections

807.205, 807.503 and 807,523).

The

operator

of

a disposal

site or

indefinite storage unit

~p~e~~eacostestimateof

closure and post-closure

ç~ndr~~ide

financial assurance

in this amount

(Sections

807.601

and

807.620).

Financial

assurance

may

be given

through

a combination of

a trust agreement,

bond guaranteeing payment, bond guaranteeing payment or

performance,

letter

of credit,

insurance or self—

insurance

(Section

807.640).

The

cost

estimate

and

amount

of

financial

assurance

is

to

be

updated

at

least

on

a

biennial

basis

(Section

807.623).

c)

This

Su~p!L~~

lies

only

to

the

non—governmental

—

fdisalsites

or

indefiriitestorage_4~

(Section

807,601).

Whether

a site isa disposal site

~t~naj~jv~jy,a

treatment

or

stora~ge site,

d~p~e

nds

on

whether

the

closure

plan

provides

for

removal

of

all

wastes

and

waste

residues

from

the

site

prior

to

~

is

an

indefinite

storage unit dep~nds

on the technical feasibility and

economic reasonableness

of

removal

of all wastes and

~e~~du~jrior

to

closure

(Section 8P7.104).

(Source:

Added

at

9

III.

Reg.

,

effective

__________)

Section

807,601

ment

to Obtain Financial

Assurance

No

person

shall

conduct

a waste disposal operation or

indefinite

storage operation which

requires

a

permit under

Section 21(d)

of

the

Act

unless

suc~p~rson

has provided financial

assurance

in

~dance

with

this

Sub

art,

a)

The

financial

assurance

reg~irement

does

the

State

of

Illinois,

its agencies and

institutions,

63-364

---

—17—

~tofl2~al~!ernrnent

provided,however,that

~

uch~~i~po~sal

2p~~i2~asi~!hichmay beow~~p~!atedb

~nmen~1~ti

t~must

provide

financial

~

of the site.

b)

Financial

assurance

is required of all

sites

which,

on

or

after

March

1,

1985, accep~waste ~~so~loE~or

~finitestorae.

(Source:

Addel

at

9

~ll,

Reg.

________,

effective

Section 807,602

Time

for

Submission

of

Financial Assurance

a)

For

sites

first

receiving

waste

for

!osal

afar

March

l,J

~

~

wastef~~9~.

b)

~

icrerired

to

obtain

financial

~ance

as

of

March

1,

1985,

as

roy ided

in

Section

807.601,

financial

assurance must

be tendered

to

the

~ef2af~~,l985

in

an amo

teual

to

the

cost

estimate,

which

may

be

based

ur~nd

ost-

~

e

formula

of

Section

807.624.

(Source:

Added at

9

Ill,

Reg.

_________,

effective

)

Section

807.603

~pg~~in

Financial Assurance

a)

~

financial_~~anc~gt~

~ater

than

the

current

cost estimate

at

all

times

~ct

ion,

b)

The

operator

must

increase

the

total

amount

of

financial

~ancesoastoeua1thecurrentcostestimate

~

1)

An

increase

in

the

current cost estimate

2)

A

decrease

in

the

value

of

a trust

fund,

~~rni~~theAgencX

that

a

for

no

~

meets

the gross revenue

or

financial

test

;

~

~

intends

to

substitute

alternate

financial

assurance

for

self—insurance,

(Source:

Added

at

9

Ill, Reg

effective

____

___

Section 807~604

Release of Financial Institution

~

63-365

---

—18—

other

financial

institution

when:

a)

~

—

such

that

the

total

financial

assurance

for

the

site

is

~o

rter

than

the

current

cost

estimate

~~n~intheamounts

to be

released;

or,

b)

~

~creleastheoperato

r

from

t~~uirements

-

~sSubart,

(Source:

Added

at

9

Ill,

Reg.

_________,

effective

Section

807.69k

lication

of

Proceeds

and

peal

a)

~g

us

in

a~court_ofcom!~~

~sdi~ion

to

enf

oe

its_rights

under

financial

instrWnents.

The

filing

of

an

enforcement

action

before

the

Board

is

not

a

condit

ion

preceden~~whent~

rthe

terms

of

the

ins

trum~p~ovid~~

b)

~

Adm.

Code

l0~ and

104,

the

Board

ma

~~~modifications

~p~mitstocha~g~the

tyke

or

amount

of

financial

~

enforcement

action

or

a

~

Board

ma~~lo~re

2p~~closurecar~lan

mod if ied,

and~~i1c~4~

from

financial

assurance

appi ied

to

execution

of

a

~

care_plan.

c)

~

~alt~heB2~rdursuant

to

35111.

Adm.

Code

105

and

Section

21.1(e)

of

the

Act:

1)

~

~tor,

2)

Refusal

to

release

the

operator

from the

~~~j~rementtomaintainf

inanci alassurance.

3)

Refusal

to release

excess

funds

from

a

trust.

4)

~

eduction~p!n~sumo.~

a

bond.

~

I

toa

ro

eareduction

in

the

amount

of

a

letter

of

credit.

~

~

amount

~anceolic,

fl

~

iross

revenue

test

or financial

test.

63-366

---

—19—

(Source:

Added

at

9

Ill.

Reg.

________,

effective

__________)

Section

807.606

Release

of

the Operator

a)

~iaQda~~fter

rece iv in9

affidavits

from

the

2p~randarofessio

nal~n9in~9~j1~

~~ccom1ish~jinaccorda

nce

with

the

closure~p~

~g~c~llnotif~the

operator

in

writ~g~~t

~

to

mn

financial

assurance

for

closure

of

the~particu1arsite,

unless

the

Aqen~y

has reason to believe that

closure

has

~been

in accordance

with the closureplan.

b)

WIthin

60

days

after

receivin9 affidavits

from

the

~

rofessional

engineer

that

p~t-closure

~

p~~lo~~arelanandthe

re~quirementsthis Part,

~~j~nc

will

not if

the operator

in writ~g_~~t

~

nol2n

eL

Ui red

to maintain

financial

assurance

~~t-clo!~ecareof

the

site,

~he~g~y~s

reason

to

believe

that

cont

inued~post-closure

care

is

~4redurs~!ntt~

thepost—closurec~p~d~~is

Part.

(Source:

Added at 9

Iii.

Reg.

________,

effective

___________)

Section

807.620

Current

Cost

Estimate

~rrent

cost

estimate

euals:

a)

The

current

closure cost

estimate,

plus

b)

ç~rr~p9~~closurecarecostes

tirnate.

(Sources

Added

at

9

111.

Reg.

________,

effective

__________

Section

807.621

Cost

Estimate

for Closure

a)

p!~tormus~aveawritten estimate of the current

~

cl2sin

the

site

in accordance

with

the

closure

p

cosstimate

shall

be acondi

tionof

the

b)

~~p!~atormust

revise

the

closure

cost

estimate

~

increases

the

closure cost estimate~

C)

The

closure

cost

estimate

mustbebased_9~~~p~

2~s~f2rthererna

ture final

closure

of

the

site

at

~

cost

of

closure

will

be

greatest,

or

onthest~~ps~stes

~

closur

e

of

the

site

at

the

end

ot

Its

in

oerat

in

1if

e,

whichever

is

the

most

~pens1ve,

83-367

---

—20—

d)

~~ons:

1)

The

closure

cost

estimate

must be

based

on

the

tion

that

the Aenc

will contract

with

a

~lan.

~

~

~ance

for

salvaeval ue

of eui ment

or

waste

or

for

resale

value

of

land.

e)

The

closure

~:cst

estimate

must,

at

a

minimum,

include

—

the

followiec

~

for

closure

the

site:

1)

The_area

which

is

to

receive final

cover

2)

The

sousce

of

the

cover

material

~

Th

cost

inin,mov in

and

lacin

thec

over

material;

~

~

5)

~

final

cover;

6)

The

cost

of:

A)

Fertilizing;

~din;

~chin.

fl

~

f)

~s~ion

does

not

rant

author it

to

the

A

enc’

to

the

oerator

to

erform

an

of

the

indicated

~ities;

however,

if

the

site

ermit

re

uires

a

~re

activit,theoerator

must

include

the

cost

in

~st

estimate,

Once

the

oerator

has

corn

Ic ted

an

~

~icatin

that

the

activit

has been

corn leted,

and

that

element

Of

the

cost estirnate

(Source:

Added

at

9

Ill,

Reg

effective

Section

807.622

Coat

Estimate

for Post—closure

Care

a)

~

~

~

maintenance

of

the

si te

in

accordance

~

83-368

---

—21—

this

Part,

The

p~st—closurecare cost estimate

is

calculated

by multiplying the annual cost estimate by

the number

of

years of post—closure care required by

this Part,

The post—closure care cost estimate shall

be

a

condition

of

the permit.

j~j

Until the~gencyhas

issued

a certificate of closure

for

~

operator

must revise

epososurecare

cost

estimate

whenever achan9e in the post—dosurecare

I~Jncreases the cost estimate.

c)

~

lens:

1)

Thep~st—closure

cost

estimate

must

be

based

on

the

ass~~ion

that

the Agency will contract with

a

thi~

art

to

implement the post—do

~çecar~

2)

~

re cost estimate may not be

reduced

~y_~

aor

salvage value of

equipment

or

waste,

or

for

resale value of

land.

~j

The post—closure care cost estimate must,

at a minimum,

include the following elements

if

required

1)

Number

of years

of post—closure care required.

2)

Groundwater

monitoring:

A)

Number

of

monitoring points1

~

Parameters

to be monitored1

D)

~j~~~pararneter

per

samplin~a.

3)

Cover

stabilization:

A)

Estimate

of the

area

which isexpe

cted

annually

to require residual

settlement or

erosion

work1

B)

Annual

cost of residual

settlement

and erosion

~ol~ork’

C)

Annual

cost of mowing.

e)

This

Section

does

not! grant authority

to the ~gency

to

~

to perf

rnny

of

the

indicated

activtes;

however,

if

the

site

per~tr~~a

£!iU~ih~i~tivitY~the

operator must include the cost

in

the cost

estimate

Once

the o~peratorhas

corn

an

63.369

---

—22—

~

a~ermita~pi4c~Ic~n

~

has been

co~,an~

~

cost estimates

(Source:

Added

at

9

Ill,

Reg.

________,

effective

_________

Section 807.623

Biennial

Revision of Cost Estimates

a)

~~~perator

must

revise the current cost

estimate

at

—

leasto~

two~years.

The revised

current cost

estimate

must

be

filed

on or before

the

second

annivl;

~

or

last revision

of the

currea~:

cost

estimate.

b)

~

ator

must

review

the

closure and

losu~

—

~

~

rt~

!l

irig

revised cos

testimatein

order

ts&!minewheth~Lthey~~cons4stentw1th

current

p~~ionsandreulations.

The

2p~~L

must

ertifthah~p~ans

are

consistent,

or

must

~analicationreflectinnewlans.

c)

p~rato~ustrejtew

~

~i

esrefl

ect

urrent prices for

the

items

included

in the estimates,

The

operator

must

file

revised estimates even

if the operator

determines that

there are

no

changes

in the prices.

(Source:

Added

at

9

Ill.

Reg.

________,

effective

_____

Section 80~~j

Interim

Formula for Cost Estimate

a)

~p~rator

ma

tern

oraril

utilize

the

formula

of

this

~

~

based

~

tion

filed

~

for

muIa.

Each

2p~orrnu~ffi1~~a1ication tprnodifIthe site

~

~st

estimatesbMarchl

1988.

b)

~~en

ocloreandost—

closure

cas

in

financial

assurance

instruments

shall

be

construed

to

ref er

to

the

closure

andpost—closure

care

frements

~

the site.

C)

~

izedinhi~~th~~ans

~

under

35

111.

Adm,

Code

724

and

725,

d)

Th e

fob

biationnd

s

mbols

are

used

in

the

formula:

1)

AWR~

Annual

waste

received

at

the

site

in

cubic

2)

At ~

---

—23—

3)

~

apse

between

cessation

of

—

~

the

o~perator arid

~~mentatio~~site

olean-up b~t~9~nc.Y

is

assumed

to

be

three

years.

4)

~

Cost

er

acre

of

~la

cing

final

cover,

~

and venti~.

CPA

is

assumed

to

be

$5000

/

acre.

A~

~iri~inal

cover

in acres

~

~

~dence

or

erosion

control each

ear,

Pis

assumed

to be 0.05.

7)

M:Numberofmonitori~

well sexis~~~~ired

~~p~!it.Mcannotbe

less

than

three,

8)

CE:

Cost

estimate

in dollars.

e)

~~g~iri:~inal

cover

1)

A(l)__is

the

total area which has received waste but

which

has

not received

final

cover

in

accordance

with

Section

807.305(c)

as of

Janu

985.

2)

A(2)

is

the

total area which would

reulfal

~

con

tro1~~p!ration

A(2)

=

(Y)(AWR)

=

3

AWR

3200(AD)

3200

AD

3)

A(3)

=

A(l)

+

A(2)

~

~

received

final

cover

in

accordance

with

Section

~05~c~

as

of

Januar

1,

1985

5)

M~

reuirin

final

cover

(A)

is

the

aller

of

A(3)

or A(4)

fl

Cost

estimate

(dollars)

CE

=

(CPA)(A)+3((CPA)(P)(A)

+

600(M))

=

5750A

+

1800M

(Source:

Added

at

9

Ill.

Req.

,

effective

Section

807,640

Mechanisms

for

Financial

Assurance

~ator

of

a

waste

dis

osal

site

ma

utilize an

of

the

~

assurance

for

closure

and

~losure

care:

63-371

---

—24—

a)

Trust

Fund

(Section

807.661)

b)

~

(Section

807,662);

C)

~

d)

Letter

of

Credit

(Section

807.664)

e)

Closure

Insurance

(Section

807.665);

or,

f)

Self—ieaarance

(Section

807,666),

(Source:

Added ~t

9

111.

Reg.

effective

_______

Section

807.641

~

An

~

estab

~

mecha~

letters

of

credit

and

insurance.

The

mechanisms

must

be

~asspecif

ied

in

Sectiors

807.661,

807.662,

807.664 and

807,665,

~

ratherth

~

~ance

for

an amo

unt

at

leasteual

to

the current

cost

estimate.

~

provide

for

closur

and~post—c1osurecare

of

the site~

(Source:

Added

at

9

Ill,

Reg.

________,

effective

—

Section

807.642

Use

ofa

Financial

Mechanism

for

Mu1t~1e

S ite

S

~ator

ma

use

afinancial

assurance mechanism s

ecif ied

in

Sub

art

to

meet

the

re

uirements

of

this

Sub

art

for

more

than one

site,

Evidence

of

financial

assurance

submitted

to

the

~

~ss

and the

amount

of

funds

assuredb

the mechanism,

The

of funds

available

throuh

the

mechanism

must

be

no

less

than ~

mechanism

had

been

established

and

maintained

for each

site.

The

amount of

funds

available

to

the

~q~ncy

must

be

sufficient

to

and

royide

ost—clos~

care

for

all

of the o~

sites,

~

closure

a

~—c1osure

care

for

an

oL th

fres~overedb

the

mechan

ism,~

A

ma

dir

lth

mount

of

fund a

~rator

agrees

to

the

use

of additional

funds

available

under

the mechanism,

(Source:

Added

at

9

Ill,

Reg.

____

,

effective

Section

807.643

Trust

Fund

for

Unrelated

Sites

An

erson

ma

establish

a

trust

fund for

the

benefit

of

the

enc

w

ic

ma~re~T7

iinsrosimort

eraforfo

~eoierensies,~a~1ke

---

—25—

thet

rust

secif

ied

in

Section

807

.1,

e~

ptas

foll2ws:

a)~usteeshallmaintainaSearateaccOUntforeach

~andshal1evaluatesuchannuallasofthedaof

creation of the trust

b)~usteeshallannua11notifeachoeratorandthe

~ftheevaluationofeachoerator~saccount;

c)

~

—

the

account_for

each site

d)

The

~

~th.

r fred

to

~form

closure or

ost-closure

care

oni

from

the

account

for

that site,

e)~hholdaments

oni

from

the

account

for the site forwhich

It

has

reason

to

believe

the

cost of closure an

closure

be

si

nif icanti

reater than~the

val ue

of

the

account

for

that

site,

(Source:

Added

at

9

Ill,

Reg.

_______,

effective

_______

Section 807.644

RCRA Financial Assurance

The operator

is not required to

give financial

assurance p~rsuant

to this Subpart

if

the

operator

demonstrates:

a)

~

to

35

111,

AiIm,

Code

724

or

725 will result

in

closure

~t-closure

care

of

the

site in accordance with the

~ements

of

this

Part;

and

b)

That

theoerator

has

roy ided

financial

assurance

~ure

~rsuant

to

35

Iii.

AiIm,

Code

724

or

725.

(Source:

Added

at

9

Ill.

Reg,

____

,

effective

Section

807.661

Trust

Fund

a)

~

~blishin

atrust

fund

which

conf orms

to

the

~ements

of

this

Section and submittin

an

on

mci

~nttotheAenc.

~

The

t ~

act

as

a

trustee

and:

I)

~

~nois

Commissioner

of

Banks and

Trust

Com

aries;

2)

Who

corn

lies

with

the Foreign Cor orations

as

Fiduciaries

Act,

(Iii.

Rev,

Stat.

83-373

---

—26—

~0letse.~.

cstareemefltmU5tb50nf0~5e0e~

~xAandthetrUStareemefltmU5tbeaC00mafied

~malcertificatiOflOfackn0W1edment.

d)

~i~othetru!~:

~~tothetru5t

~acheardunintheainerb0d.

2)

io~he

number

of

ears

rema1~

—

untiltt

~

~

~e

at

which

the

cost

of

remat~

closure

~

~~at

the

a-in

three

ears

non

than

ten

ears,

~

~

formula:

~lament~CE-cV)/Y

CE

=

Current

~st

estimate

CV

=

Current

value

of the trust

fund

~umber

of

ears

remainin

in

the

~iod,

~

~

the

initial

receitof

waste

for

dis

osal

oMarch

1,

1985

for

sites

recei~

waste

osal

nor

to

that

date,

The

oerator

must

ion

to

such

initial

receitof

waste

,

to

the

Aenc

areceit

from

the

trustee

for

~ent,

~

~

dasaf

ten

each

anniversan

of

the

first

~

~

or

ma

de

osit

the

full

amount

of

the

current

cost

estimate

at

the

time

the

fund

is established,

~

~

the

tust

was

created,

or

on

such

earlier

date

The

trustee

must

~evaluewithin

~t~r

the

evaluation

date

f)

Release_of

excess

fund’s:

1)

If

the

value

of

th e

financial_assurance

is

greats

n

63~374

---

than

t~e total

amount_of

the

current

cos

Letisate,

the

~ara

to~~L

submitaw

ritten~~es

~g~for

relase~~

trust

fund

of

amount

in

excess

of

the

current

cost

estima

e.

2)

~ithi

~60

da~

aft

eivinauestf

acm

the

o~nato r

I

or

release

of

fund

s,the

~

will

ins

c

the

trustee

to

release

to

the

~erat

s’h

fund~

~

~n witi

~

~

Reimburs

nt

tot

ci

~

o

oscre

cane

1)

Afti

in

t

I

a ti rg~cbs

ure,

anop~

rator

or

a

~i

cthen

~

authori~~f2!m

closure

or~gsth

closu re

are~y

~

mbsementf

or

~j~o

sthclo

C

ure

xirs~j

su bmi

t~~

item sied

Il s

~

2)

Within

60

dais

a

ten

recsivin

bills

for

o

~a

r

~gs

th doss

nec

ar~~viti~,theAer~c

i

deteinewhethert~~dit~~arer

accordance

with

th~~sure~Rosthd1osure

care

~n

~nd

it

~o

e

will

instruct

the

~ru~L~e

to

m~ke

~mour~nt

in

such_amounts

as

tb

s~ecif i~

in

writ

ng,

3)

If

th

~nc1ia~

reason

to

believe

that

tae

cost

of

closer e

and

oat-closure_care

will

be

ft

rtl~y~

an

eater_than_the

value_of

tr etrust

fun

t

rold

reimbursement

of

su’

amounts

era

o

de

t until

it detenrarnes

hat the

a

r~g~er

g~nedtowai~itai

I

nce

for

closure

aed~j~t—~losare

(Source:

Adde

at

,

effective

)

Section

807.662

00

~

Pa

Tent

a)

~9j~e

ra

I

~a

~g~m~~ot

ha

Suj~~

~

~~4r

me

-

i

anuirthe

bo ~dto

~

cj~

b)

The

sun e~y coa~anx issui~~~ond

must

se

lid

~nsed~

the!

Ui

IC

U

t-rne~t

of

Insurance.

c)

The

cur

~2E~Udi

d)

~

or

the

bond

will

be

~lac

in

tie

land I

i

c cc

~r 0

~p ~t-dlosunefnd

itci

~

t’~

tate

Treas g~

e)

Cord!

ior

---

—28—

1)

The

bond

~

~i

LII

—

p

4dc

closure

and

ost-closu

an

cco rdance

cI

sure

and

ost-closure

care

l~he

2)

The

sur~~l1

become

liable

on

the

bond

—

oblilation

~

g~Ti~

a ~

ta ~

bc~

Tth

~

a

c

ton,

C,

Fails to

initiate closure

of

the

site

or

closu

~

8o~rd

oraLcomet~~junisdictior;

D)

Notifjes

~

closure,

or

initiates_closure,_but

fails

to

cbs

e~~rr2~ideo!~—cbosurecarelr

accord an-c

~

the closure and

oat-

c

0°Jt

C

~ar

f)

Penal

sum:

1)

The

~p~na 1.

sum

of

the

bond must

be

in

an

amount

at

I

a’~

I

to

the

current cost estimate.

2)

The

I

j

shaj

veareuctiohe

j~naI

a

the

current

cost

estimate

decre~’es.

Term:

1)

Tre

~ord

srall

be

issued

for

a

term

of

at

least

for

~

a

and

shall

not

be

cancelable

dur

~

that

t

m

2)

If

tt-

one

at~fiils

p~vid~subst~te

finen c

aI

a

osri2~oexirationofa

bond,

the

rr

t

~~dshallbeautom~icall

exe.d’

~

~

the

d

~

of

e

iration

of the bond,

Dunn

such

eats

~oc

the

bond

will

not serve

as

financib

Cu

‘~

t

sf~y~

rement s

of

th is

Part,

ar

i

11

ex~u

theo

erator

iron

the

I

p

~

~ut~?~

financial_assurance

Cure

1)

1

r

y~

al

ass

the

suret

if,

af tar

he

~

he

lea

I~

ab

ebond,

th

~aaa~o

or

a

er

p-

a

iinanalassuranc~fo

r

63-376

---

—29—

2!eando!~—c1o

sure care of the

site,

unless

~

that

a plan

or

the

amount

of

substituted

financial

assurance

is

i

ate

to

p

ide

dos

nd

post—closure

care

sir

ed

~sPart,

2)

After

closure

and

post—closure

care

have

been

~

accordance with the

lsns

and

~

~~en~jj~ihich

was said

Aencb

the_sur~.

(Source:

Added at

9

II.

Reg.

________,

effective

___

Section 807.663

a)

~

~

re

ond which conf

orms

to

the

4rements~~i~S~cti

onandsubmit~J~jLheb~2ndjLo

~nc,

b)

~

~

Ill

inois

Dc

a~ ment

of_Insurance.

c)

The

su

bond

must

be

on forms specified

in

~xA,

d)

~

the bond will

~~int~

~

fib

closure

and

oct-closure_fund

within

the

State

~ur.

.~L

Conditions:

fl

The

bond

must

uarantee

that the oeratoL

will

p~d~~l2~eandost-closure care

in

accordance

with

the

cbosure~and

post-closur

jbs

in

the

p~4fles~e~shall

have

th

tionof

~dind12I!ur~nd

post—closure

care

in

accordance

with

the

closure

and

~

care

~

nal sum.

2)

~U~~uret

will

borne

liable

on the bond

~ationwh~,durin~the

term

of

the

bond,

the

~

~9p~r~or

fails

to

perform

when

the

~tor:

A)

Abandons

the

site

B)

Is

djudicated

bankrupt;

C)

~

closure

care

when

orde~

odo

sob

the

~

83-377

---

—30—

D)

NotUies the

A9encL that

it has

initiated

-bosure,

or

initiates

closure,

but

fails

to

close

the

site

or provide

post-closure cane

in

c~cdoLdance

with

the

closure and

ost-cl2sure

c a ~

f)

Penal

sum

1)

The

penal

~um

of

the

bond

must

be

in

an

amount

at

Ic

e~jpvitothe

current cost

estimate,

2)

T~

engj~

~4)~pp

rov~~uci~ej~al

sr

enever

the

current cost

estimate

decreases.

~j

Term:

1)

Th

id

shall

be

issued

for

a

term

of

at

beast

to

e.rs

and

shall

not be

~

te

2)

If

~o~pe astor

fails

to ~rovide

substitute

fins

rib

assurance

prior

toexpi

ration

of

a

bond,

the

term

of

‘the

bond

shall

be automatica~~

extended

for

one

twelve-month per

io~!~!n~with

the

Oat

of

e!p~at

ion of

the bon

Dun

in

such

extencior

the

bond

will not serve

as

financial

assunance~~n9

the re~uir

ements

of

this

Part,

and

wibln

ush

or

fr2~~dut_to

pLovic.e

cubstitute

financial assurances

_____

md

refunds:

j~

~

o

ar

liable

on the

bond

~~~rator~

~

_p~~losure

care

of

the

site,

unless

determines

that

a

pian or

the

amount

of

O fiiancial

assurance

~nadeu~eto

~

1)

The

surstI

q

,tbe

liable

for

deficiencies

in the

c

r

~j~j

the

~pe rator

after

the

A~g

~

release~

~e

~rator

from

the

requirements

of this

Section

807,664

~~at~emnts0f~rt

h)

Cure

of

0

1)

Th

aro

cl

p~y~

2)

At U.

~d~ppst-

ci

os

Ut

e

care

have

been

compe

in

accordance

with the

~nsend

rcg~

Es

rtc

of

this

Part, the

A~enc

shall

refund

any

a

~t~~~which

was

paid

to

the

Am

~i

b~

end

b

the

u

cv

a)

~Pb?P~

by

obic

83-378

---

—31—

which

conf

rr~to

the

requirements of

this

Section

and

~~n~ttsbstterto

the Agency~,,

b)

The

issuiL~

!nU~tution

must

be anentit~~~j~s

the

to

issue

letters

of

credit

and:

1)

Whose

1~etter—of--creditoperations~~edb

the

Ill

Lois

Commissioner of Banks

and

Trust

~a

nies,or,

2)

WhOa

~~ts

are

insured by

thea

osit

Insu

ce~~2~ra

tion

or the Feder

nand

Loan

urance

Corporation.

c)

Forms:

1)

The

better

etos

~

red

in

2)

The_let

en

of

credit

must

be

accq~ied~

letter

~

~!~~mumber,

issuing ins

titution and

date

and

p~yJdi na

the

follow I

n~

information:

name

and

addre’s

,

the

site

and the amount

of

funds

assured

for

cb

~rc

of

the

site by the

letter

of

credit,

~j

Any

amounts

drawn

by the Agency pursuant

to the

better

of

credit

will

osited

in the landfill

closure

and

p~1osure

fund

within the State Treasur~

e)

Condition

ch

the

Agency may

draw

on

the

letter

of

credit:

1)

The

~

~~raw

on

the

letter

of

credit

if

the

r

tails

to

perform closur

e

o~~—2~osur~

care

ecordance

with the closure

and

p~~c

sure

care

p~lans.

2)

Thelj

aj~awon

the letter

of

credit

when

the

o

A)

Ab

i

~r~5

the

site;

~udicated

bankrupt

C)

F

I

toinit

iate

closure

o~p~t—dlosure

care

o

site

when ordered

to

btheBoard

o

a

~ourtof

~

D)

o~ficsthe~~encythatithasinitiated

ire,

or

initiates closure,

but

fails

to

rOe

closure

and post

-closure

care

in

~ciance

with

the c1osure~Qp~cLpaure

~2Lans.

f)

Amount:

63-379

---

—32—

1)

The

letter

of

credit must be issued

in

an

amount

at

—

I

lhcurrent

cost

estimate,

2)

~

reduction

in

the amound

—

whenever

the

current

cost estimate

decreases.

jj

Term:

1)

The

better

of credit

shall

be

irrevocable

and

shall

be

irrued

for

a term of at least

fou

ears.

2)

If

~:

~

fails

to

substitute

alternate

—

fins

ial

assurance

prior

to

e~pirationofaletter

of

c:Uit,

the

term of the letter

of

credit

shall

bea

o~~all

extended

for one

twelve-month

pc~sta~n~iththe

date

~~~ration.

~~nsu2~onthe

letter

of credit

will

not

as

financial

assurance

satisf

in

the

~

and

will

not

excuse

the

~or

from

the dut

to

roy

ide

substitute

financial

assurances

h)

Cure

of

default

and

refunds:

1)

~~cjy~fl!lireiease

the

financial

institution

~~~cyis

allowed

to

draw

on

the

letter

of

credit,

the operator ora~npel~on

~

assurance for clo~~nd~~

closure

care

of

the site,_unless th~~

~minesthatalan

or the

amount

of

substituted

financial

assurance

is inadequate

to

provide

cbosur~~—~o~

re car

Part.

2)

~rcbo~reandost-closure

care have

been

~

th

g~j~r~~eno~

~s

Part,

the A

shall

ref

und

ent

mone

which was

aid

to the

Aenc

b

the

financial

institution,

(Source:

Added

at

9

Ill.

Reg.

________,

effective

___

Section 807.665

Closure

Insurance

~

~nator

m!eatisf

the reuirementsof

this

Sub

art

~

closure care insurance

hcon~~stother!~ir

emeri

t

s of

this

Section

and

subini tting

an

~!d~l~2ateoriinalof

such

thsursuca~icy~totheAenc,

b)

The

insurer

must_be

licensed

to transact

the

business

of

insu

n ance

b~llinoi~~pep~rtmentofInsurance.

c)

~licu

~

Departmeritl

oh

insurance.

63-380

---

—33--

d)

Face

amount:

1)

~

12

ndost—closure

care

ins

ancepofic

—

must

be

issued

foraface

amount

at

~l

to

the

current

cost

estimate.

The

term

“face

amount”

means

the

total

amount

the

ins~L~~iate~o

p~h~ppli

cy,

Actual

pa~~~e

insurer

will

not

change

the face am

houh

the

insurer’s

future liabiiity wil

lb~~!e~

thaot~tofth~jaments.

2)

The

~

n~y~l

approve

a

reduction

in

the

amount

~

P~d~!~eV~rth

current

cost

estimate

decres

as,

e)

~

care

insur~4cLmi~s!~

—

~

available

to

close

the

site

~hereafter.Theobic

~

once cios~~,~p~

~~Lwil!~ereso~!ibl

~

~

amount

~

~

tosuc~~L2rartie~!~

~

urer

will

be

liable

when:

1)

~a~c~L~bandons

the site;

2)

~

bankrupt

3)

The

Board

oracourt of compete

jurisdiction

orders

the

site

closed

~

Theop~ornotifi2~theActh!~i~is

~tiatin

closure;

or

5)

J~2ninitia~sclosurewith

a~~o~he

f)

~

~

~~c?!u~

~

for

~

pat-

~

~enc.Wit~~~daXs

after

~vin

bill

s

closureS

~

~

itures

are

in

accord ance

the

closure

Ian or

ost-closure

care

Ian,

and

if

so,

will

instruct

the

insurer

to

make

reimbursement

in

as

the

Acne

secif

ies

in

wnitin,

If

the

~ enc

has

reason_to

believe that the cost of

closure

~t-cIosure

care

will

be

si~ni ~ntl

neater

than

the

face

apo u

the

olic,itm~withndld

~

it

determlr;esheoeratorisn~o~92~~euiredto

maintain

Unancial

assurance,

~j

Cancejlation:

63-381

---

—34—

fl

The operator shall maintain the policy in full

force and effect until

the Agency consents

to

termination of the policy.

The policy must provide that the insurer may not

cancel, terminate or fail to renew the policy

except

for failure

to pay the premium.

The

automatic renewal of the policy must,

at a minimum,

provide the insured with the option of renewal at

the face amount of the expiring policy.

If there

is a failure

to pay the premium, the insurer may

elect to cancel,

terminate or

fail to renew the

policy by sending notice by certified mail

to the

operator and the Agency.

Cancellation, termination

or failure

to renew may not occur, however, during

the 120 days beginning with the date

of

receipt of

the notice by both the Agency and the operator,

as

evidenced by the return receipts.

Cancellation,

termination or failure

to renew may not occur and

the policy will remain

in full force and effect

in

the event that on

or before the date

of expiration

the premium due is paid.

j~J,

Each policy must contain a provision allowing assignment

of the policy to

a successor operator.

Such assignment

may be conditional upon consent of the insurer, provided

such consent

is not unreasonably refused.

(Sources

Added at 9

Ill.

Reg.

________,

effective

__________)

Section 807.666

~j

Definitions:

The following terms are used

Section.

The definitions are intended to assist

in the

understanding of these regulations and are not intended

to

limit the meanings of terms in

a way that conflicts

with

generally accepted accounting principles.

“Assets” means all existing and all probable future

economic benefits obtained

or controlled by a

particular entity.

“Current assets” means cash or other assets

or

resources commonly identified as those which are

reasonably expected to be realized

in cash or sold

or consumed during the normal operating cycle of

the business.

“Current liabilities” means obligations whose

liquidation

is reasonably expected

to require the

use of existing resources properly classifiable as

current assets or

the creation of other current

63-382

---

—35—

“Generally accepted accounting principles” means

Accounting Standards, Financial Accounting

Standards Board, June, 1984, which is hereby

incorporated by reference.

This incorporation

includes no later amendments or editions.

“Gross Revenue” means total receipts less returns

“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 isi~uivalent to owner’s equity.

“Tangible net worth” means tangible assets less

liabilities; tangible assets do not include

intangibles such as goodwill and rights to patents

An o

~erator may satisfy the financial

irements

assurance

the following:

fl

Bond without surety promising

to pay the cost

estimate (paragraph

(CL).

Proof that the operator meets the gross revenue

2)

test (paragraph

Proof that the operator meets

the financial test

3)

(paragraph

(e)).

.~1.

Bond without surety.

An operator utilizing self—

Tiièurance must provide

a bond without surety on forms

~rovided

in Appendix A.

The operator must promise

to

pay the current cost es?Tiñate to the Agency unless

the

operator provides closu~and post—closure care

in

accordance with the closure and post—closure care plans.

Gross revenue test.

The operator must demonstrate that

less than one—half of its gross revenues are derived

e~-383

---

~j

Financial test:

~

To pass the financial test the operator must meet

the criteria of either paragraph (e)(l)(A)

A)

i)

Two. of the following three

ratios:

a

ratio of total liabilities to net worth

less than

2.0;

a ratio of the sum of net

income plus depreciation, depletion and

amortization to total liabilities greater

than 0.1;

or

a ratio of current assets to

current liabilities

greater than 1.5;

and

ii)

Net working capital and tangible net

cost estimate;

iii) Tangible net worth of at least

$10

million;

and

iv)

Assets in the United States amounting to

at least 90 percent of the operator’s

total assets and at

B)

The operator must have:

1)

A current rating

for its most recent bond

issuance of

AAA,

AA, A

or BBB

as

by Standard and Poor’s or Aaa, Aa,

A or

Baa as

ii)

Tangible net worth at least six times the

current cost estimate; and

iii)

Tangible

net

worth

of

at

least

$10

million;

iv)

Assets located

in the United States

amounting

to at least 90 percent of

total assets or at least six times the

current cost estimate.

2)

To demonstrate

that it meets this test,

the

operator must submit the following items

Agency:

A)

A letter

signed by the operator’s chief

financial officer

and worded

as specified

Appendix A;

and

63-384

---

~J

A copy

of

the independent certified public

operator’s financial statements for

the latest

completed fisca1_~jand

C)

~

independent

certified

public

accountant

to

the

operator

stating

that:

i)

The accountant has cor~!j~aredthe

data

which

the

letter

froin

the

chief

financial

officer

specifies

as

having

been

derived

from

the

independently audited,

year—end

financial statements

for the latest

fiscal year with

the amounts

in such

financial statements;

and

ii)

In

connection with

that

procedure,

no

matters came to the accountant’s

attention which caused

the accountant

to

believe that

the specified data should be

~sted,

11.

Updated

information:

~J