ILLINOIS
POLLUTION
CONTROL BOARD
June
10,
1981
IN THE MATTER OF:
WASTE DISPOSAL SITE
)
R81—18
OWNER/OPERATOR CERTIFICATION,
)
CHAPTER
7:
SOLID WASTE, PART IV
)
PROPOSED RULE.
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 “standards
for the certification of personnel
to operate refuse disposal
facilities or sites.”
As no regulatory proposals to implement
this legislation have been submitted to the Board, the Board
will itself initiate the rulemaking process.
The Clerk is accordingly directed to cause publication
in the Illinois Register of the First Notice of the following
proposed
new
Part IV of Chapter
7:
Solid Waste.
Hearings shall
he scheduled and held in this matter as expeditiously as is
practicable.
Chapter
7:
Solid Waste
Part IV
Agency Certification of Owners and Operators
of Waste
Disposal Sites and Facilities
Rule 401
Prohibition
No
person shall own or operate a waste disposal
site or
facility unless each requirement of this Part is performed.
Rule 402
Required Original and Supplemental Applications for
Certification
(a)
The owner and operator of
a waste disposal
site or
facility shall
apply to the Agency for certification under this
Part prior or at the time of application for any development,
experimental,
or operating permit required by this Chapter.
(b)
Such application, which shall be supported by an
affidavit attesting to the truth and completeness of the facts
asserted therein,
shall include:
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1.
Type of permit the applicant for certification
is seeking or intends to
seek;
2.
Name and title of applicant;
3.
Name of the business which the individual preparing
the application owns or
is employed by;
4.
A brief description of the structure of the
business
(e.g. partnership,
sole proprietorship,
corporation,
association or other);
5.
The names and addresses of the officers and
directors of the business and their titles;
6.
The names and addresses of any other members or
employees of the business who own or have owned or
operate or have operated a waste disposal site or
facility and the names and addresses of such site
of facility;
7.
The names and addresses of any parent business;
8.
The names, and addresses of the owners or stock-
holders of any parent business; provided, however,
that if there are more than 20 such owners or
stockholders, only the 20 persons with the largest
holdings
in such firm need be listed; and
9.
A copy of any administrative or judicial
determination made that any of the persons
identified in the application has
A.
violated federal,
state,
or local
laws,
regulations or ordinances governing
the operation of waste disposal sites or
regulations
B.
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
C.
has shown gross carelessness or
incompetence in the handling, storing,
processing,
transporting, or disposing
of any hazardous waste
in any state.
10.
A description of any still pending administrative
or judicial proceeding to include title, docket
number,
status which could result in a determination
against any person identified in the application of
the type described in subsection
(8).
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(c)
The owner and operator 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,
at any
time before or after certification is received.
Rule 403
Original and Supplemental Application Procedures
(a)
The Agency may 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
Procedures Act,
Ill.
Rev. Stat.
1979,
Ch.
127,
SlOOl et. seq.
(b)
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 receipted for by
a person designated by the
Agency.
(c)
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 these Rules and related Agency procedures.
If the
Agency fails to notify the applicant within 45 days after
the
receipt of an application that the application is incomplete, and
of the reasons the application is considered to be incomplete,
the
application shall be deemed to have been filed on the date received
by the Agency.
However,
if the application for certification
accompanies
an application
for a permit required by this Chapter
which requires Agency notification of incompleteness within
a
shorter time period,
the Agency shall make any notification of
incompleteness of the certification application 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 procedures
of Section 40 of the Act and Part V of the Board’s Procedural
Rules.
(d)
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 denied on
the
91st day after the application was filed.
However,
if the
application for certification accompanies an application for a
permit required by this Chapter 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.
(e)
Any applicant for a permit may waive the requirement of
the time within which the Agency shall take final action on the
application.
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(f)
The Agency shall send all notices of
final action by
registered or certified mail,
return receipt requested.
Final
action shall he deemed to have taken place on the date that
such
notice is mailed.
(g)
Upon receipt of
a request for certification required by
these regulations, the Agency
shall notify the States 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 facility is located and the
clerk of each municipality any portion of which is within
3 miles
of the site or facility owner or operated by the person seeking
certification.
Rule
404
Standards for Denial,
Suspension,
or Revocation of
Certification
(a)
Prior to the issuance of any permit required
by
this
Chapter to any person,
the Agency
shall certify that such person
is not disqualified by reasons of character or experience from
ownership or operation of a waste disposal site or facility.
(b)
The Agency may deny,
suspend, or revoke certification
to any person who:
1.
has been repeatedly
found,
after opportunity
for an
adversarial proceeding before
any judicial or admin-
istrative 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 Rule 402(c).
(c)
In making
a determination to refuse,
suspend, or revoke
certification, the Agency shall consider:
1.
How directly the misconduct relates to waste
disposal operations;
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2.
The severity of the misconduct;
3.
How recently the misconduct has taken place; and
4.
The degree of control over waste disposal operations
at the applicant’s
site or facility which is exerted
by the person committing the misconduct.
Rule 405
Appeals
to the Board
If the Agency denies, revokes,
or suspends certification
under this Part,
the applicant may appeal that action to the Board
following the procedures of Section 40 of the Act and Part V of
the Board’s Procedural Rules.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the /o~
day of
~
,
1981 by a vote of
~-
C
—
/
Christan L.
Mc~t,
Clerk
Illinois Pollut~’nControl Board
42—95