ILLINOIS POLLUTION CONTROL BOARD

May

13,

1982

IN THE MATTER

OF:

)

WASTE DISPOSAL SITE

OWNER/OPERATOR AND

)

R81-18

MANAGER PRIOR CONDUCT

CERTIFICATION:

)

ILL. ADM.

CODE TITLE

35, SUBTITLE

C,

CHAPTER I, SUBCHAPTER

g~

)

PROPOSED RULES

FIRST NOTICE.

ORDER OF THE BOARD

(by J~Anderson):

Section 22(b)

of

the

Environmental

Protection Act provides

that the Board may adopt

regulations

to prescribe “s)tandards

for the certification

of personnel

to operate refuse disposal

facilities or sites~

The following

proposal

is

a revision of

the rules as

proposed in the Board~s

Order of June 10,

1981.

The original

proposal

was

for

addition of a new Part IV to

existing Chapter 7,

This

revision has been drafted in codified

form as Subchapter g to

Ill.

Admin,

Code Title 35, Subtitle G,

Chapter I.

This has been done

in anticipation of the codification

of Chapters

7 and

9 in the course of

the R80—22 proceeding.

The Clerk is accordingly directed to cause publication in the

Illinois Register of the First Notice of the following proposed

rules.

Hearings shall

be scheduled and

held in this matter as

expeditiously as

is practicabie~

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL BOARD

SUBCHAPTER g:

CERTIFICATIONS

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2

PART 745

OWNER, OPERATOR, AND MANAGER PRIOR CONDUCT CERTIFICATION

SUBPART A:

GENERAL PROVISIONS

Scope and Applicability

Relationship to Other Rules

Compliance Dates

Definitions Incorporated by Reference

Definitions

SUBPART B:

PROHIBITIONS

Prohibition

Permit Denial

Duty to Apply

Duty to Supplement Pending Application

Duty to Provide Supplemental Information

SUBPART C:

APPLICATIONS FOR CERTIFICATION

SUBPART D:

AGENCY ACTION

Notification of Governmental Officials

Standards for Denial

Final Action

Time Limits

Waiver of Time Limits

SUBPART E:

APPEAL, SUSPENSION, REVOCATION

AND TRANSFERABILITY

Section 745.181

Section 745.182

Section 745.183

Appeal of Certification Denial

Suspension or Revocation

Duration and Transferability

AUTHORITY:

Implementing Section 22(b) of the Environmental

Protection Act and authorized by Section 27 of the Environmental

Protection Act

(Ill.

Rev.

Stat.

1981 Ch.

111½,

pars.

1022(b)

and 1027)

SOURCE:

Added at

6

Ill. Reg.

________

Section 745.101

Section

745.102

Section 745.103

Section

745.110

Section 745.111

Section 745.121

Section 745.122

Section

745.123

Section 745.124

Section 745.125

Section 745.141

Section 745.142

Section 745.143

Section

745.144

Section 745.145

Section 745.161

Section 745.162

Section 745.163

Section 745.164

Section 745.165

Owner/Operator Applications

Manager Applications

Application Form

Incomplete Applications

Registered or Certified Mail

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3

SUBPART A:

GENERAL PROVISIONS

Section 745.101

Scope and Applicability

a)

This Part applies to owners,

operators and managers

of waste disposal sites or facilities required to have RCRA or

general waste disposal permits by Subchapter b,

or Chapter 7.

b)

This Part requires the owner,

operator and manager

to obtain certification.

Otherwise, permits for operation of

the site or facility may be denied or revoked,

and the owner,

operator or manager is subject to an enforcement action for

continued operation,

ownership or management without certification.

Section 745.102

Relationship to Other Rules

The certification requirements are supplemental to the RCRA and

general waste site permit requirements and operating standards.

Section 745.103

Compliance Dates

Compliance with these regulations

is required upon the earliest

of the following dates:

a)

Upon issuance of certification;

b)

35 days after mailing

of

e statement of reason for

denial of certification;

C)

180 days after the date these rules are filed with the

Secretary of State.

Section 711.110

Definitions Incorporated by Reference

The definitions of Rule 104

of

Chapter

7:

Solid Waste and of

Section 3 of the Environmental Protection Act,

Ill.

Rev. Stat.

Ch.

111½, §1003 are hereby incorporated by reference.

Section 745.111

Definitions

Manager

—

a natural person having on—going, direct supervisory

responsibility for the overall operation of a site.

Owner

-

any person who owns a site or part of

a site.

For the

purposes of this Part, any person holding both legal

and equitable

title to a

site, any person having equitable title to or interest

in a site pursuant to a land trust, any person making a contract

to purchase a site contingent upon receipt of RCRA or general

waste disposal permits required by Subchapter

(b) or Chapter 7.

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4

SUBPART

B:

PROHIBITIONS

Section

745.121

Prohibition

No

person

shall

own

or

operate

or cause or

allow management of a

waste

disposal

site or :Eacility for

which

a

RCRA

or

general

waste

disposal

permit is required by Subchapter

(b)

or

Chapter

7,

unless

each

requirement of this

Part

is

performed.

No

natural

person

shall

manage

waste

disposal

site

or

facility unless

each

require-

ment

of

this

Part

is

performed.

Section

745.122

Permit

Denial

The

Agency

may deny issuance of any RCRA

or

general

waste

disposal

permit

required

by

Subchapter

(h)

or

Chapter

7

to

any

owner

and/or

operator

who

has

not

received

certification

or

whose

certification

has

been

suspended or revoked, and to

any

owner

and/or

operator

who

employs

a manager who has not received

certification

or

whose

certification

has been suspended or

revoked,

Section

745.123

Duty

to

App~Ly

a)

The owner and

operator

of

a waste disposal site or

facility shall

apply

to

the

Agency

for certification under this

Part prior to or at

the

time of application for any RCRA or

general waste disposal permit required by Subchapter

(b)

or

Chapter

7.

b)

The manager

of

a waste disposal site or facility shall

apply to the Agency

for

certification under this Part prior to

managing any site for

which

a permit is

required.

Section 745.124

Duty

to

Supplement Pending Application

a)

Before certification is received or denied, the owner

and/or operator of

a

waste

disposal site or facility shall

supplement the application for cert:ification within

30 days of

any change of circumstances

which

renders an application for

certification inaccurate

or incomplete

in

any respect.

b)

Before

certification

is

received

or denied,

the

manager of a waste

disposal

site or facility shall supplement the

application for certification within 30 days

of any change of

circumstances

which renders

an application for certification

inaccurate or incomplete

in any

respect.

47-44

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Section 745.125

Duty to Provide Supplemental Information

a)

From the time certification is received until such time

as the certified owner and/or site operator ceases to own and/or

operate a site for which a permit is required, supplemental

information as required by Section 745.124 shall be submitted to

the Agency on a semi—annual basis, or upon earlier receipt from

the Agency of a written request for such supplemental information.

b)

After certification is received, supplemental

information as required by Section 745.124 shall be submitted

to

the Agency on a semi—annual basis,

or upon earlier receipt from

SUBPART C:

Section 745.141

a)

Type of permit the applicant for certification

b)

c)

Name and title of the individual preparing the

application;

d)

A brief description of the structure of the applicant’s

business

(e.g. partnership, sole proprietorship,

association or other);

e)

The names and addresses of the acual and constructive

owners or stockholders of 5

identification of the percentage of interest held by each person

named;

f)

The names and addresses of the members, officers and/or

directors of the business and their titles;

g)

The names and addresses of any waste disposal site or

facility at any time owned or operated by the applicant;

h)

The names and addresses of any member, officer, and/or

director of the applicant’s business who have at any time owned

or operated a waste disposal site or facility and the names and

addresses of

i)

The names and addresses of any parent business;

47-45

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6

j)

The names and addresses of the actual and constructive

owners

or stockholders of 5

of the stock of the parent business

and identification of the percentage of interest held by each

person named;

k)

A copy of any administrative or judicial determination,

made after opportunity for an adversarial proceeding,

that any of

the persons identified in the application pursuant to subsections

(e),

(f)

and

(h);

1)

violated federal, state of

local

laws,

regulations or

ordinances governing the operation of waste disposal

sites or regulations

2)

committed in any state a crime which would be

a felony

under Illinois

law,

or has committed a crime which is

a felony under Illinois law

3)

has shown gross carelessness or incompetence

in the

handling, storing, processing, transporting or

disposing of any hazardous waste in any state;

1)

A description of any still pending administrative or

judicial proceeding to include titel,

docket number,

status which

could result in a determination against any person identified in

the application pursuant to subsections

(e),

(f)

and

(h) of the

type described in subsection

(k);

m)

An affidavit attesting to the truth and completeness of

the facts asserted in the application.

Section 745.142

An application filed by a manager shall

a)

Name and address of applicant;

b)

The names and addresses of any waste disposal site or

facility at any time owned, operated or managed by the applicant,

and a description of the length of and nature of

involvement with

each facility;

c)

A copy of any administrative or judicial

determination,

applicant has

1)

violated federal, state or local

laws, regulations

or

sites or regulations;

2)

committed in any state a crime which would he a felony

under Illinois

47-46

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7

3)

Shown gross

carelessness or incompetence in the handling,

storing, processing, transporting or disposing of any

hazardous waste in any state;

d)

A description of any still pending administrative or

judicial proceeding to include title,

docket number,

status which

could result in a determination against the application of the

type described in subsection

(C);

e)

An affidavit attesting to the truth and completeness of

Section 745.143

Application Form

The Agency shall prescribe the form in which all information

required under this Part shall be submitted and may adopt such

procedures as are necessary for certification under this Part.

In adopting new or revised procedures,

the Agency shall comply

with the requirements of the Illinois Administrative Procedure

Act,

Ill.

Rev.

Stat. 1979 ch. 127,

Section 745.144

Incomplete Applications

An application for certification shall not be deemed filed until

the Agency has received, at the designated address,

all information

and documents, in the

form

and with the content required by this

Part and related Agency procedures.

If

the Agency fails

to notify

the applicant withing

45 days after the receipt of an application

that

the

application is incomplete, and of the reasons the

application is considered to be incomplete, the application shall

be deemed to have been filed on the date received by the Agency.

However,

if the application for certification accompanies an

application for a RCRA or general waste disposal permit required

by Subchapter

(a) or Chapter 7 which requires Agency notification

of incompleteness within a shorter time period,

the Agency shall

make any notification of incompleteness of the certification appli-

cation within such shorter

time

period.

An applicant may deem

the Agency’s notification that the application is incomplete as

a denial of certification for purposes of review pursuant to the

(Note:

Prior to codification, Part 105 was Part V of the

Section 745.145

Registered or Certified Mail

All certification applications shall be mailed or delivered to

the

appropriate address designated by the Agency, and if mailed, shall

be sent by registered or certified mail, return receipt requested.

Applications which are hand—delivered shall be delivered to and

47-47

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8

SUBPART D:

AGENCY ACTION

Section 745.161

Notification of Governmental Officials

Upon receipt of an application for certification required by

Subpart C which identifies a waste disposal site or facility which

is, or is intended to be, owned,

operated, or managed by the

applicant, the Agency shall send notification of its receipt of

said application to

a)

the States Attorney and Chairman of the County Board

of the county in which the identified site or facility

is, or

is

intended to be,

located;

b)

each member of the General Assemply from the legislative

district in which the identified site or facility

is, or is

intended to be,

located;

and

C)

the Clerk

of each municipality any portion of which

is

within

3 miles of the actual or intended location of the identified

site or facility.

Section 745.162

Standards for Denial

a)

The Agency may deny certification to any person who:

1)

has been repeatedly found, after opportunity for

an adversarial proceeding before any judicial or

administrative body,

to be in violation of any

federal,

state, or local

laws,

regulations, or

ordinances governing the operation of waste

disposal sites or facilities in any state;

2)

has been convicted in any state of a crime which

would be a felony under Illinois law,

or has been

convicted of

a felony in federal court;

3)

has been judicially or administratively determined,

after opportunity for an adversarial proceeding,

to have shown gross carelessness or incompetence

in the handling,

storing, processing, transporting

or disposing of any hazardous waste in any site;

4)

has practiced any fraud or deceit in obtaining or

attempting to obtain certification; and

5)

has failed to timely file a supplemental

application pursuant to Sec. 745.124.

b)

In making a determination to deny certification, the

Agency shall consider:

47-48

---

9

1)

how directly the misconduct relates to waste

disposal operations;

2)

the severity of the misconduct;

3)

how recently the misconduct has taken place;

and

4)

the degree of control over waste disposal opera-

tions at a site or facility which is exerted

by the

person

committing the misconduct.

Section 745.163

Final Action

a)

If the Agency denies any certification under Sec.

745.161,

it shall transmit to the applicant within the time

limits

specified in this Part specific, detailed statements

as to the

reasons why the certification application was denied.

b)

The Agency shall send all notices of final action b

registered or certified mail, return receipt requested.

Fina

action shall be deemed to have taken place on the date that such

notice is mailed.

Section 745.164

Time Limits

If

the

Agency

fails

to

take

final

action

on

the

application

for

certification within

90 days from the filing thereof, the applicant

may deem the certification granted on the 91st day after the

application was filed for purposes of review pursuant to the

procedures of Sec.

745.181 and Part 105 of Subtitle

A.

However,

if the application for certification accompanies an application

for a RCRA or general waste disposal permit required by Subchapter

(a) or Chapter 7 which requires the Agency to take final action

within a shorter time period, the Agency shall take final action

on certification during such shorter time period,

the applicant

may deem the certification granted on the first day after such

shorter time period expires.

(Note:

Prior to codification, Part 105 of Subtitle A was Part V

of the Procedural Rules.)

Section 745.165

Waiver of Time Limits

Any applicant for a permit may waive the requirement of the

time within which the Agency shall take final action on the

application,

47-49

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10

SUBPART E:

APPEAL,

SUSPENSION REVOCATION

AND TRANSFERABILITY

Section 745.181

Appeal of Certification Denial

If the Agency denies certification under this Part,

the applicant

may appeal that action to the

Board

following the procedures of

Section

40 of the Act and Part 105 of Subtitle

A.

(Note:

Prior to Codification, Part 105 was Part V of the

Procedural Rules.)

Section 745.182

Suspension or Revocation

a)

The Agency or any person may seek suspension or

revocation of a certification which has been granted by the

Agency, or which was issued by reason of Agency failure to comply

with the time limits of Sec.

745.164.

Such action may be based

upon grounds stated in Sec. 745.162(a), and may be initiated by

filing a complaint with the Board pursuant to Title VIII of the

Act.

b)

In making its determination in such action, the Board

shall consider the factors listed in Sec. 745.162(b).

Section 745.183

Duration and Transferability

Agency certifications made pursuant to this Part shall remain

valid until suspended or revoked prusuant to Sec.

745.182.

Such

certifications are not transferable.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of

the

Illinois

Pollution

Control ~oard,

hereby certify that the above Order was adopt~edon

the

f~

day of

___________________,

1982 by a vote of

.&~-o.

Christan L. MoffetL

~rk

Illinois Pollution

ol Board

47-50