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”

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—

PART

702

RCRA AND UIC PERMIT PROGRAMS

SUBPART

A:

GENERAL PROVISIONS

Section

702.101

Applicability

702.102

Purpose and Scope

702.103

Confidentiality

702.104

References

702.105

Rulemaking

702.106

Agency Criteria

702.107

Permit Appeals

702.108

Variances

702.109

Enforcement

702.110

Definitions

SUBPART B:

PERMIT APPLICATIONS

Section

702.120

Permit Application

702.121

Who Applies

702.122

Completeness

702.123

Information Requirements

702.124

Recordkeeping

702.125

Continuation of Expiring Permits

702.126

Signatories

to Permit Applications

and Reports

SUBPART

C:

PERMIT CONDITIONS

Section

702.140

Conditions Applicable

to all Permits

702.141

Duty to Comply

702.142

Duty

to Reapply

702.143

Need to Halt or Reduce Activity Not

a Defense

702.144

Duty

to Mitigate

702.145

Proper Operation and Maintenance

702.146

Permit Actions

702.147

Property Rights

702.148

Duty to Provide Information

702.149

Inspection and Entry

702.150

Monitoring and Records

702.151

Signatory Requirements

702.152

Reporting Requirements

702.160

Establishing Permit Conditions

702.161

Duration of Permits

702.162

Schedules of Compliance

702.163

Alternative Schedules

of Compliance

702.164

Recording and Reporting

SUBPART D:

ISSUED PERMITS

Section

702.181

Effect of

a Permit

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 eSection, without following the

procedures

of 35

Ill. Adm. Code 705.

Any permit modification not

processed as

a minor modification under

this 8Section must be

made for cause end witha35

Ill. Adm. Code 705 draft permit and

public notice as required

in Gee7Sections 702.183 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 eeve~e~ee~

~

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

qperational control of

a facilit~roccurs,

the old

owner

or operator shall comply with the

requirements 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

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. Adm

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

determinating 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.

Adrn. 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. Adm. 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

r2~1-7l44.4land 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

Scope and Relation to Other Parts

Purpose

References

SUBPART

B:

PROHIBITIONS

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

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

Applications

in General

Contents of Part A

Contents of Part B

General Information

Facility Location Information

Section

703.100

703.101

703.110

Section

703.120

703.121

703.122

703.123

703. 124

703.125

703.126

703.127

Section

703.140

703.141

703.150

703.151

703.152

703.153

703.154

703.155

703.156

703.157

703.158

Section

703.180

703.181

703.182

703.183

703.184

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

SUBPART

F:

PERMIT CONDITIONS

Permits

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

70 3. 186

703.200

703.201

703.202

703.203

703.204

703

.

205

70 3. 206

703

.

207

Groundwater Protection

Exposure Information

Specific Information

Containers

Tanks

Surface Impoundments

Waste Piles

Incinerators

Land Treatment

Landfills

Section

703.241

703. 242

703.243

703.244

703. 245

70 3. 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 b~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. Adm 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~ ~pet’~~eme

e~4ei’~~e ~e

A~e~ey~y ~he ~ew

Ow~efe~epe~a~efe~eeMp~4efteew~h ~

St1~p6r~7~I~e

e4~ia~r~e~4y4~tee~ew~e~e~ek~e~ 4i~~

75-333

---

—9--

~o ~

,‘~ee~s?e eem~y

w~1~the~ Pa~

as

e~

4i’~e~e~e

e~ deMefts~fe#tot’t;

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 ~~-~3+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.

Adrn.

Code 724.113(b)

and,

if applicable,

35 Ill. Adm.

Code 724.113(c);

d)

A description of the security procedures and equipment

required by 35

111. 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. Adm.

Code 724.Subpart

C;

g)

A copy of the contingency plan required by

35 Ill.

Adrn.

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

Iii. Mm.

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)

Pe~e,~4s~b4n~

?ee

~4es7

~oeuMert~e~ert~

a ne~4ee1~as

~eer~~aee~

-iii

~the~ee~ e~appt~op~~e~e

ee~~e~e

4t~s~ft~mertt

as ~eqt~-~e~~y 35

~

M~ ?e~e

4-~~6~For

hazardous waste disposal units that have been closed,

documentation that notices required under 35 Ill. Adm

Code 724.219 have been filed

0)

The most recent closure cost estimate for the facility

prepared

in accordance with 35

Ill. Adm. Code 724.242

p~s a espy e~4ite and a copy of the documentation

required to demonstrate financial assurance i~tee~amtsm

e~ep~e~

4t’t

eemp~erteew~4~t

under

35 Ill.

Adm. 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. Adm.

Code 724.244 plus

a copy of the documentation

required

to demonstrate financial assurance mee1~afttsffi

e~ep~e~

~

ee~np~4enee

w*~i~

under

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. Adm. 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 fordrainage 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 R8l—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

10 111. 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. Mm.

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. Geet~et~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’1.)

“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

---

—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 261.6(c)(2)

or

40 CFR

266.Subpart

F or 35 Ill. Adm. Code 721.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. Adm. Code 72l.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. Mm.

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

720.120.

“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. Adm. Code 724 and

725 are no longer conducted at the facility unless

subject

to the provisions

of

35

Ill. Adm 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 72l.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 pile,

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. Adm. 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

aad foundry 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

placed’inside

a 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

seee~epee~

ef a ~ee4~4~y hazardous 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 ~eet~el~~

a

t~r~

epeee~4et~1

a ~

ee~

Sc a pt~7w~~eo~iecpae~ee~~I’~e

sanie ?ae4~~y

ee~r~e~

epece~4enec w±~~e p~eee~4i~epeee~4ei’~4t~

~e

~fe-tank

(including

its associated piping and

underlying containment systems), landfill cell,

surface

impoundment, waste pile

or other hazardous waste

management unit, while

other units

o.f the same facility

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”

t~teansthe 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 ate

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 influent 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. Mm. 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

SUBPART A:

GENERAL PROVISIONS

Section

721.101

721.102

721.

1C3

721.104

721 105

7Ll .106

2l.l07

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

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

Section

721.110

721 .111

Section

721 .120

721 .121

721.122

721.123

721.124

Section

721.130

721.131

721.132

721.133

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.

Adm.

Code 700.106; amended and

codified

in R8l—22,

45 PCB

317,

at 6

Ill.

Reg.

4828, effective

as

noted

in 35

Ill.

Adrn.

Code 700.106; amended

in R82—lB,

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

8

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.

KOOS

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.

K011

Bottom stream from the wastewater stripper

in

(R,T)

the production of acrylonitrile.

K013

Bottom stream from the acetrontrile column

(T)

in the production of acrylontrile.

K014

Bottoms from the acetontrile purification

(T)

column

in the production of acrylonitrile.

K015

Still bottoms from the distillation of benzyl

(T)

chloride.

K016

Heavy ends or distillation residues from the

(Ti

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.

1021

Aqueous spent antimony catalyst waste

from

(Ti

fluoromethanes production.

75-356

---

—32—

K022

Distillation bottom tars from the production

(T)

of phenol/acetone from cumene.

1023

Distillation light ends from the production

(T)

of phthalic anhydride from naphthalene.

1024

Distillation bottoms from the production of

(T)

phthalic anhydride from naphthalerie.

K093

Distillation light ends from the production

(T)

of phthalic anhydride from ortho—xylene.

1094

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.

1026

Stripping still tails from the production

of

(T)

methyl ethyl pyridines.

1027

Centrifuge and distillation residues from

(R,T)

toluene diisocyanate production.

K028

Spent catalyst from the hydrochlorinator

(T)

reactor

in the production of l,l,l—trichloroethane.

K029

Waste from the product stream stripper

in

(T)

the production of l,l,l—trichloroethane.

1095

Distillation bottoms from the production of

(T)

l,l,l—trichloroethane.

K096

Heavy ends from the heavy ends column from

(T)

the production of l,l,l—trichloroethane.

K030

Column bottoms or heavy ends from the

(T)

combined production of trichloroethylene and

perchloroethylene.

1083

Distillation bottoms from aniline production.

(T)

K103

Process residues from aniline extraction

(T)

from the production of aniline.

1104

Combined wastewater streams generated from

(T)

nitrobenzene/aniline production.

K085

Distillation or

fractionation column bottoms

from the production of chlorobenzenes.

K105

Separated aqueous stream from the reactor

(T)

product washing step in the production of

chlorobenzenes.

1111

Product wastewaters from the production of

(C,T)

dinitrotoluene via nitration of toluene.

Kl12

Reaction by—product water

from the drying

(T)

column

in the production of toluenediamine via

hydrogenation of dinitrotoluene.

Kl13

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.

1115

Heavy ends from the purification of

(T)

toluenediamine

in the production of toluenediamine via

hydrogenation of dinitrotoluene.

75.357

---

—33—

1116

Organic condensate from the solvent recovery

(T)

column

in the production of toluene diisocyanate via

phosgenation of toluenediamine.

Kll7

Wastewater from the reactor vent gas scrubber

(T)

in the production of ethylene dibromide via

bromination of ethene.

K1l8

Spent adsorbent solids from purification of

(T)

ethylene dibromide

in the production of ethylene

dibromide via bromination of ethene.

1136

Still bottoms from the purification of

(T)

ethylene dibroniide

in the production of ethylene

dibromide via bromination of ethene.

Inorganic Chemicals:

1071

Brine purification muds from the mercury

(T)

cell process

in chlorine production, where

separately prepuriuied brine is not used.

1073

Chlorinated hydrocarbon waste from the

(T)

purification step of the diaphragm cell process

using graphite anodes

in chlorine production.

1106

Wastewater treatment sludge from the mercury

(T)

cell process

in chlorine production.

Pesticides:

K031

By—product salts generated

in the production

(T)

of MSMA and cacodylic acid.

1032

Wastewater treatment sludge from the

(T)

production of chlordane.

1033

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.

1035

Wastewater

treatment sludges generated in the

(T)

production of creosote.

1036

Still bottoms from toluene reclamation

(T)

distillation in the production of disulfotori.

1037

Wastewater

treatment sludges from the

(T)

production of disulfoton.

1038

Wastewater

from the washing and stripping of

(T)

phorate production.

1039

Filter cake from the filtration of

(T)

diethylphosphorodithioic acid

in the production of

phorate.

K040

Wastewater treatment sludge from the

(T)

production of phorate.

75-358

---

—34—

1041

Wastewater treatment sludge from the

(T)

production of toxaphene.

1098

Untreated process wastewater from the

(T)

production of toxaphene.

1042

Heavy ends or distillation residues from the

(T)

distillation of tetrachlorobenzene in the

production of 2,4,5—T.

K043

2,6—Dichlorophenol waste from the production

(T)

of 2,4—D.

K099

Untreated wastewater

from the production

(T)

of

2,4—D.

Explosives:

1044

Wastewater treatment sludges from the

(R)

manufacturing and

processing

of explosives.

K045

Spent carbon from the treatment of wastewater

(R)

containing explosives.

K046

Wastewater treatment sludges from the

(T)

manufacturing, formulation and loading of lead—

based initiating compounds.

K047

Pink/red water from TNT operations.

(R)

Petroleum Refining:

1048

Dissolved air flotation

(DAF)

float from the

(T)

petroleum refining industry.

1049

Slop oil emulsion solids from the petroleum

(T)

refining industry.

K050

Heat e*changer bundle cleaning sludge

from

(T)

the petroleum

refining industry.

1051

API separator sludge from the petroleum

(T)

refining industry.

K052

Tank bottoms (leaded)

from the petroleum

(T)

refining

industry.

Iron and Steel:

1061

Emission control dust/sludge from the primary

(T)

production of steel

in electric furnaces.

K062

Spent pickle liquor fco~g~eratedby steel

(C,T)

finishing operations

of plants that produce iron and

steel.

Secondary Lead:

K069

Emission control dust/sludge from secondary

(T)

lead smelting.

1100

Waste leaching solution from acid leaching

(T)

of emission control dust/sludge from secondary lead

smelting.

75-359

---

—35—

Veterinary Pharmaceuticals:

1084

wastewater treatment sludges generated

(T)

during

the production of veterinary pharmaceuticals

from arsenic or organo—arsenic compounds.

KlOl

Distillation

tar residues from the distillation

(T)

of aniline—based compounds

in the production of

veterinary pharmaceuticals from arsenic or

organoarsenic compounds.

1102

Residue from use of activated carbon for

(T)

decolorizatiori in the production of veterinary

pharmaceuticals from arsenic or organo—arsenic

compounds.

Ink Formulation:

1086

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:

K060

Ammonia still lime sludge from coking

(T)

operations.

1087

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

Unmanifested Waste Report

Additional Reports

SUBPART

F:

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

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 and Use of Property

Post—closure Plan; Amendment of Plan

Post—closure NoticesNet4ee e? ~eea~ ~

M~ec4ty

Certification of Completion of Post—clo~’ure

CareNe+±ee4rt Bees ~e Pce~ecty

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

724.190

724.191

724.192

724.193

724.194

724.195

724.196

725.197

724.198

724.199

724.200

724.201

Section

724.240

724.241

724.242

724. 243

724.244

75-362

---

—38—

724.245

724.246

724. 247

724.248

724.251

Financial Assurance

for Post—Closure Care

Use of a Mechanism for Financial Assurance of Both

Closure and Post—Closure Care

Liability Requirements

Incapacity of Owners or Operators, Guarantors or

Financial Institutions

Wording of

the Instruments

SUBPART

I:

USE AND MANAGEMENT OF CONTAINERS

Applicability

Condition of Containers

Compatibility of Waste With Container

Management of Containers

Inspections

Containment

Special Requirements for Ignitable or Reactive Waste

Special Requirements for Incompatible Wastes

Closure

Applicability

Design of Tanks

General Operating Requirements

Inspections

Closure

Special Requirements for Ignitable or Reactive Waste

Special Requirements

for Incompatible Wastes

Special Requirements for Hazardous Wastes F020, F021,

F022,

F023, F026 and F027

SUBPART K:

SURFACE IMPOUNDMENTS

Sect

1

DI

724.32~

724.321

724. 322

724.326

724

.

327

724.328

724. 329

724.330

724. 331

Applicability

Design and Operating Requirements

Double—lined Surface Impoundments:

Exemption from

Subpart

F: Groundwater Protection Requirements

(Repealed)

Monitoring and Inspection

Emergency Repairs;

Contingency Plans

Clcsure and Post—Closure Care

Specicl Requirements for Ignitable or Reactive Waste

Special Requirements

for Incompatible Wastes

Special Requirements

for Hazardous Wastes F020,

F02l,

F022,

F023,

F026 and F027

SUBPART

L:

WASTE PILES

Section

724.270

724.271

724.272

724.273

724.274

724. 275

724. 276

724. 277

724.278

Section

724.290

724.291

724.292

724.294

724.297

724. 298

724.299

724.300

SUBPART J:

TANKS

75-363

---

—39—

Section

724.350

Applicability

724.351

Design

and

Operating

Requirements

724.352

Double—lined Piles:

Exemption from Subpart F:

Groundwater Protection Requirements

(Repealed)

724.353

Inspection of Liners:

Exemption from Subpart F:

Groundwater Protection Requirements

(Repealed)

724.354

Monitoring and Inspection

724.356

Special Requirements for Ignitable or Reactive Waste

724.357

Special Requirements for Incompatible Wastes

724.358

Closure and Post—Closure Care

724.359

Special Requirements for Hazardous Wastes F020, F021,

F022,

F023, F026 and F027

SUBPART

M:

LAND TREATMENT

Section

724.370

Applicability

724.371

Treatment Program

724.372

Treatment Demonstration

724.373

Design and Operating Requirements

724.376

Food—chain Crops

724.378

Unsaturated

Zone Monitoring

724.379

Recordkeeping

724.380

Closure and Post—Closure Care

724.381

Special

Requirements for Ignitable or Reactive Waste

724.382

Special Requirements for Incompatible Wastes

724.383

Special Requirements for Hazardous Wastes F020, F021,

F022, F023, 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 F020, F02l,

F022, F023,

F026 and F027

SUBPART 0:

INCINERATORS

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

472k-? 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-, and surface impoundments from which

the owner

or operator intends to remove the wastes

at closure7 to the extent that these ~Sections are

made applicable to such facilities in Sections

724.328 em~or724.358,

(Source:

Amended

at 11 Ill. Reg.

effective

)

Section 724.211

Closure Performance Standard

The owner

or operator ~stshall

close 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~evei~~h~ee~s teprotect human health and

the environment, post—closure escape of hazardous waste,

hazardous weste constituents, leachate, contaminated

f8~~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.

~j

The owner or operator

of a hazardous waste

management facility fit~s1~shallhave

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)(1)(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. Mm.

Code 703.241,

the approved closure plan will become

a condition

of any RCRA permit.

2)

The Agency’s ~ee4ztem ~et

~ee~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 et the

e~4tyu~t4~e~ee~ee4s

ee~p~ete~

e~ eeet

ed 4r~eeee~deneew*th Seet4eft

42~S-

furnished to the Agency upon request,

including request by mail.

b)

Content of plan.

The plan must identify steps necessary

to eemp1ete~yec p t~e~yeese perform partial and/or

final closure of the facility at any point during

its

4rttei’tde~epeeet~~~?e

e~ te eemp~ete~ye~eeethe

~ee4~ty

at the et’~de~~te 4~ten~e~

eperat~t~active

life.

The closure plan must include, at least:

1)

A description of how

ei~

whei~the

e~4ty

wi~

be

peet~a~~

e~esed-~~

p~teeb4e7et~~

e~ese~each

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 how the

te~eemet’ttse~Seet4ef~o

4-~-~~74~~7

4i~47

~

ei’i~

the

p~4eeb~ee~ostjreee~i~eemei’~ts

e?

Seet4e~’ts

4~&7

4~9~7~4~3~87

4~587

4~~7~4~43O

e~’td~4i-4Si w4~ be ,~tet;and

3~) An estimate of the maximum inventory of weotee

4t’i

ste~e~eer~d~

‘eeeetmei~ttat e~yt4i~e~

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—

and7

(-Afty ehe~e4m this eattmate 4s a

ffi4~of

me~4~teet~ei,

~I~Cf

~

A~n~-

ee~e9G~-~8~+i

a4)

A detailed description of the steps needed to

remove

or decontaminate ~ee4~4ty e~pffier~t

~

e~ee*~re.e~~allhazardous 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+

A~

est4~atee~the expeeted yee~e? e4es~feartd

eehed~e

?Of

~4i’~e~

e1oo~1eeT

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 ?ae4~4tyeach

h’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.

b+c) Amendment of the plan.

The owner or operator may amer~d

the e~oet~eep~a~’t

at

ai’ty t4me

-~m~

the aet4ve ~-~e ef

the fae

4ty-~-

+Phe eet~,e~4?e

of the fae4~ty~s that

pefed d~4~wh4eh wactes a~epef4od4ea~y eeee4,ed--)-

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 may 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

~mer~d

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 whertevee t

B)

There

is

a change in the expected year

of

closure,

if applicable.

When 4t eeqt~estsa

peem4t med4f~eat~ento e~thee~ea ehan~e~n

epeeat~n~p~ansec fee4~-~tydes~n7the ewnee

o~epecetoc

mtlst ee~tiesta med4f~eat4enof the

e~es~eep~enat the same t-4me

-(-see 35 ~

Ad~ eede

~e3~8+a-)+T

~f a peem±t

mod

~eat4on 45 not needed to at~ther4~e

the

ehan~e4n epeeat4n! p~enso~fee4~tydes4gn-,

the ee~t*estfe~med

4eat4en of the e&eet~ee

p~anmast be made wthtn 69 days eften the

ehan~e4n p~ansen des4gn

eeettns-7

+Beend Nete~

ehangee

-4n est~metesof ma~4mum

4nventeny arid of the est4meted yean of e3osi~ne

tn’tden Seet4en

4~~+e++2+and +4+ ~ey be

made as

m4rion penm4t mod4f4eet-~ei’is~riden35

~

Adm-

eede ~

C)

In conducting partial or final closure

activities, unexpected events require

modification

of the approved closure plan.

3)

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)(l)(A)

or

724.358(c)(l)(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 Ill. 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. Adm. Code 702,

703 and 705.

d)

Notification of partial closure and final closure.

le)

The owner or operator mast shall notify the Agency

in writing at least ~86 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.

2)

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

operator shall 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.

+Beand Nete-

Phe date when the ownen on epenator

‘~expeeteto

beg-in e~eettnetZsheu~dbe wtthri 36 days

aften the date

it expects to reee±,ethe f4nia~ve~meof

waete-

~f the fae-4~4ty-1-spermt 45 tenm4nated7 en

4-f

the fae434ty is ethenwse ordered7 by ~d4e4a~

decree en

Beard ender

w’tden ~4t~e ~

of the ~~4ne4e

Eriv4nenmerita~Protection Aet7

to

cease

neeev±nig wastes

en to e~ose7

then

the neq~-iremeritef 4Me paragraph does

not app~y7 Heweyen-r the

owrien

on operator

mast

e~ose

the fae4~4ty

nt

accordance w*th the dead~4ries

eetab3shed 4n Sect-ion ~4~i37+

(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 steunit 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 mayshall approve

a longer period

if the owner

or operator demonstrates that:

75-373

---

—49—

1)

A)

The activities required to comply with this

paragraph subsection 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

person ether than the owner or operator

or another person will recommence

operation of the etehazardous 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 mayshall 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—

person ether than 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 orand operator hashave taken and will

continue to take all steps to prevent threats to

human health and the environment from the unclosed

but triaetvenot operating hazardous waste

management unit or facility including compliance

with all applicable permit requirements.

+Beard Note-p

Any extenisen of the 99 en ~99 day

pered

4ri ths

Sect-ion may be made as a m4nor

modieetori

~rider35 fH~ Adm~rCode ~

~riderparagraphs +a++~++B+

arid

+b++3~++B+744

operation of the ete

-is ‘reeommerieed7 the Agency

may defer cemp~et4ontof e~es~reactivtes ~rit4~

the new eperat-ion is term-iniated-+

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 c3ost~reis eomp~eted7a3~4ac43ityDuring the partial and

final closure periods,

all contaminated equipment,

arid structures

i~~st

have beenand soils must be properly disposed of7 or

decontaminated by nemevirig e~ hererdous waste

arid

res4d~es7unlessotherwise 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 c~esureis eemp~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 !Iwstshall

submit to the Agency ,by registered mail,

a certification both by

the owner en operator end by

art -independent registered

pre4eesieria~engineer that the hazardous waste management unit or

facility,

as applicable, 4eci~ityhas 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

l’ocal 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 of eoMp~etinlge~oe~rethat

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~ririgthe ~86-dey period preceding c~est~re

+eee

Section

4~~+c++en at any time thereafter7 the

Board will: redt~ee

A)

Shorten the post—closure care period to ~ess

than 39 years if 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)T;or

B)

Prier

to the time that the pest—c~ostirecare

period is

dtie to expire7 the Board w~1~

eExtend the post—closure care period if

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 mayshall 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 after the date of eoMp~et4rig

c~os~re

when:

1)

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 emythe 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 4eei~itymast unit shall have

a written

post—closure plan.

In addition, certain surface

impoundments and waste piles

arid certain s~r?aee

impet~ridmenitsfrom 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)(l)(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 athe 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

111. Adm. Code 705.

In accordance with

35

Ill.

Adin.

Code 703.241,

the approved post—closure plan will become

a condition of any

RCRA

permit issued.

A copy of the

approved p~ertarid a-H revisions to the p3~arimust be kept

at the ?aci~ityuriti~the poet-e~estirecare period

begiris-

Phi’

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 ?eci~itymonitoring

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

4aei~ityunitduring the post—closure period.

Phis

person or office must keep en updated post—c~esure

p~ariduring the post—c~osureperiod--

c)

Until final closure of the facility,

a copy of the

approved post—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 dispesa~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—closureamerid the plan

whenever

~j

Cchanges

in operating plans or

facility

design-, or events which occur during the

active -3ife of the 4ae4~4tyen during the

pest—c~osureperiod

affect the post—closure

plan7;_orPhe owner or operator must a~seamend

the p~anwhenever

B)

Tthere

is

a change

in the expected year of

closure~ifapplicable; 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 reguested during the

active life e4 the facility to authorize a change in

operating plans or ?acil-ity design

modification of

the

pest—closure plan must be requested at the same

time +see 35 fll~Adm7 eode

SH?+-

~n

all

ether

cases-, the request for modification of the pest—closure

plan must be made within ~9 days a4ter the change in

operating plans or facility design or the events which

effect the post-closure plan occur-T

(Source:

Amended at 11

Ill.

Reg.

effective

)

Section 724.219

Post—closure NoticesNetice to f~eealE~and

Authority

a)

No later than 60 days after certification of closure of

each hazardous waste disposal unit,Within 98 days after

closure is completed-, 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 ether disposal areas with respect to

permanently surveyed bentchman4ts-

Phis plat must be

prepared and certified by a professional land

surveyer~ Phe plat filed with the County Recorder

arid

any local toning authority must contain a nete

prominently displayed7 which states the ewrier~sor

eperater-’s obligation to restrict disturbance of the

eite as specified in Section

4~l~+e-~~n addition

the owner or operator must submit to the Agency

the

County Recorder arid any local tenting authority a record

of the type-, location end quantity of hacardeus wastes

disposed of within each cell er area of the

ac-ilityT

Per wastes disposed of before these regulations were

promulgated

the owner en operator must identify the

type

beet-ion and quantity e4 the wastes to the best of

its knowledge end in accordance with any record that it

has kept-7

Any changes in the type7 location on ~uentity

o-f

henardous wastes disposed of within each cell

or area

of the facility that occur after the survey plot and

75-381

---

—57—

record of wastes have been filed must be repented to the

same agencies the plat

and record were filed withTa

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 quantity 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 Agency,

the County

Recorder_and any 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 requirements

in 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 property or 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 PrepertyCertification

of

Completion of Post—closure Care

a+

Phe owner

of

the property en which a disposal facility

is located must record-, in accordance with ~ll4neis law-,

a notation on the deed to the facility property

——

or en

some other instrument which is normally examined during

title search

——

that will in perpetuity notify any

potent,iel purchaser of the property thati-

1+

Phe land has been used to manage haterdous westes~

~+

~ts use is restricted under Section ~47~l~-(-c+t

3+

~he survey plat and record of the type-, location

and quantity

of

hasardous wastes disposed

of

within

each eell or area of the facility required in

Section ~5~l9

have been filed with the Agency-,

the eounty Recorder and any local toning authorityi

~4 at any time the owner or operator or any subsequent

owner of the land upon which a haterdous waste facility

was located removes the waste arid 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

aeil-ity property er ether

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 liner

if

any-, end the contaminated soil-i the owner

75-383

---

—59—

or operator-, unless it can demonstrate in accordance

with 35 lll~Adm~Cede ~2l~l93*d+ that any solid waste

removed is not a hatardous weete-~becomes a generator o

hetardeus waste and must manage

-it in accordance with

all applicable requirements e

35 ~ll-~-Adm~Cede ~

through ~5---)-

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 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 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. Mm.

Code 704.212(a),

(b)

~rtd (C).

“Independently audited” refers to an audit

performed by an independent certified public

accountant in accordance with generally accepted

at~ditingstandards.

“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 eperatingactive 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-(-e-~+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.

IL

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, tPhe owner or

operator mustshall adjust the closure cost estimate for

inflation within 36 days

ater

each anniversary e~the

date en which the first closure cost estimate was

prepared--60 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 epeei-ied in paragraphs

+b+-(-l+ and -(-b-)-+~+may be 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 eno later than 30 days after the Agency has

approved 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.

~t 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 criginallyoriginal, 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 te the wording epee4~iedin 49 ?FR

~S4--l5l+o++l+asspecified

in Section 724.251

and

the trust agreement must be accompanied by a formal

certification of acknowledgment (fer example-, see

49 ?FR ~64--l5l-(-a+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. Mm. 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 mustthe 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 mustshall 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, mustshall 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 sSection 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 ~ustified7 and if

5O~7

it will

instruct the trustee to make reimbursement in

suehthose 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 facilit~ywill 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

(1),

that the

owner

or operator

is no longer

required to maintain

financial assurance for final closure7of the

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

eSection;

or

B)

The Agency releases the owner or operator from

the requirements of this oSection 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 CPR

~4-45l+b+as

specified

in Section 724.251.

3)

The owner or operator who uses a surety bond to

satisfy the requirements of

this eSection 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 e-riginalbyoriginal, 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 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.

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

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 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 49 ?FR

~?47a5l-(-e+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 originellyoriginal, 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 eSection,

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 49 ?FR ~64--l5l-(-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 3988 of the

Resource eenservetion and Recovery Act or Section

~I+f+ of the Envirertmental 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,

mtistshall 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 w-illshall 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.

1)

An owner

or operator may satisfy the requirements

of this eSection 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 49 ?PR

~64-l5l+d+as specified 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 eriginallyoriginal, 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 49 ?FR

~4--~5l+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.

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, ~~shall

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 eSection 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 pt~fs~at~

~e See~4er~

~O68 e?

ki~e

Rese~ee

ee

cry

4or~et~Reee~ery~

or See~4eri

£~+?~

0?

~e

B

4ro

e~ei~~

Ae~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

eSection 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

w4~shalldraw 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 w~~shalldraw on the letter of credit

if

the owner

or operator has failed

to provide

alternate financial assurance as specified

in this

eSection and obtain written approval of such

assurance

from the Agency.

10)

The Agency w~~shallreturn the letter

of credit to

the issuing institution for termination 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 peragre~subsection

(i).

75-398

---

—74—

e)

Closure insurance.

1)

An owner or operator may satisfy the requirements

of

this eSectiori 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 M~8tshallsubmit 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

to t1~ewer~tt~epee4?4e~ 4i’~48 ?FR

~64T3~S~fe+asspecified

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 peregrep~t

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

per?ermconduct 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 shallw4~~eterm4rtewl~et1’tert~ee~eetire

expen~.4tt~reeore 4~eeeor~e~teew~t~t~ee~est~re

75-399

---

—75—

or et~erw4ee~~ett?te~7 e~ ~?

so7

wt~

instruct the insurer

to make reimbursement in such

amounts as the Agency specifies in writing~ifthe

Agency determines that the partial or final closure

expenditures are in accordance with the approved

closure plan or otherwise justified.

If the Agency

4~osreese~to ~e~eve

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 ~eyshal1 withhold

reimbursement of such amounts as

it deems prudent

until

it determines,

in accordance with pere~rep~

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 such

reimbursements,

the Agency shall provide the owner

or operator with

a detailed written statement of

reasons.

6)

The owner

or operator m~s4shal1maintain the policy

in full

force and effect until

the Agency consents

to termination of the policy by the owner or

operator as specified in pore~ro~1~

subsection

(e)(lO).

Failure to pay the premium, without

substitution of alternate financial assurance as

specified

in this eSection, 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, mt~stshalleither cause the

face amount to be increased to an amount at least

equal

to the current closure cost estimate and

submit evidence of such

increa.se 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 face

amount may be reduced to the amount of the current

closure cost estimate following written approval by

the Agency.

10)

The Agency wH~shallgive 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 pore~rep1’~subsection

(1).

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 ~stshall

meet

the criteria of either poregrep~subsection

(f)(l)(A)

or

(f)(l)(B):

A)

The owner or operator n~stshallhave:

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

estimatestand the 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 4ts

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 m~stshallhave:

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 estimatesand the current

pl~ggingand 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 4ts

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 pore!ropl’t 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

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 m~stshallsubmit

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 46 ?~R ~64

5~+?~Section724.251

; 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:

1)

I4eThe 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 4~stheaccountant’s

attention which caused ~mthe

accountant

to believe that the specified data should

be adjusted.

75-403

---

—79—

4)

An owner or operator of

a new facility muetshall

submit the items specified in pare~rop~

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

pe~epI’~subsection

(f)(3), the owner or operator

~s4shall

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 pere~rep~subsection

(f) (3).

6)

If the owner or operator no longer meets the

requirements of poregrepI~subsection

(f)(l) it

~stthe

owner or operator shall send notice to the

Agency of intent

to establish alternate financial

assurance as specified in this eSection.

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 mttstshall 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 ~eregrep1~subsection (f)(1),

reguire reports of financial condition at any time

from the owner

or operator in addition to those

specified

in poro~rep1’~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 peragropji subsection

(f)(l),

the owner or operator ~stshal1

provide

alternate financial assurance as specified

in this

eSectiori 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 ~4s

the

accountant’s

report

on

examination

of

the

owner’s

or

operator’s

financial

statements

(see

~ee~rep~

subsection

(f)(3)(B)).

An

adverse

opinion or

a disclaimer

of opinion will be cause

for disallowance.

The Agency w44~sha1levaluate

other qualifications on an individual

basis.

The

Owner or operator m~etshallprovide alternate

financial assurance as specified

in this eSection

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 poro~ro~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

~ore!re~Irt

subsection

(i).

10)

An owner or operator may meet the requirements of

this eSection by obtaining

a written guarantee,

hereafter

referred

to as “corporate guarantee.”

The guarantor miistshall

be the parent corporation

of

the owner

or operator.

The guarantor M~stshal1

meet the requirements for owners or operators in

pere~rap~subsections

(f)(l)

through (f)(8),

~wstshall comply with the terms of the corporate

guarantee and the wording of the corporate

guarantee must be i~et’ttiee~to t~ewerdirtg

epeei~ieâim 48 ?FR

~4~5~+I~+as

specified

in

Section 724.251.

The corporate guarantee must

accompany the items sent to the Agency as specified

in pere~rephsubsection

(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 ~eC!o~

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

in

75-405

---

—81—

this eSection 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 pero~repl’~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.

i)

Beiease of the owner or operator from the requirements

of this Section.

Within 60 days after receiving

certifications from the owner or operator and an

independent registered professional engineer that final

75-406

---

—82—

closure has been accomplished

in accordance with the

approved closure plan,

the Agency wi~shall notify the

owner

or operator

in writing that it

is no longer

required by this eSection to maintain financial

assurance for closure of the pertieti~erfacility, unless

the Agency ~os reoee~to be~ievedetermines 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 ?ee4~ityeu~eet to poet—

e~est~remer~4terin~

or i~eirt4ei’~er~ee

req~4remet~ts~st

disposal surface impoundment, land treatment or landfill

unit,

or

of

a surface impoundment or waste pile required

iiñ~der 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

of hiring

a third

party

to conduct post—closure care activities.

A

third party

is

a party who is neither

a parent nor

a subsidiary of the owner or operator.

(See

definition of parent corporation

in Section

724.241(d)).

2)

The post—closure cost estimate

is calculated by

multiplying the annual post—closure cost estimate

75-407

---

—83—

by the number of years of post—closure care

required under S~bport6-Section 724.217.

b)

During the operot4i~activelife of the facility,

the

owner or operator ~etshall

adjust the post—closure cost

estimate for inflation within 39 ~eye e?ter eoeh

e~i~ersery

e?

tI’te

dote

e~wl~iekt~te ~iret

pest—e~es~re

rest estimete

was

prepere~60days prior to the

anniversary date of the establishment of the financial

instrument(s)

used to comply with Section 724.245.

For

owners

or operators using the financial test or

corporate guarantee,

the post—closure cost estimate must

be updated for

inflation within 30 days after

the close

of the firm’s fiscal year and before

the submission of

updated information

to the Agency as specified

in

Section 724.245(f)(5).

The adjustment ~tist~e mode as

epeei?ied i~pero~rephs+~++3~+e~ f~++2+maybe made by

recalculating the post—closure cost estimate

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

post—closure cost estimate by the inflation factor.

The result

is the adjusted post—closure cost

estimate.

2)

Subsequent adjustments are made by multiplying the

latest adjusted post—closure cost estimate by the

latest inflation factor.

c)

During the active life of the facility ~the owner

or

operator m~stshallrevise the post—closure cost estimate

th~r4~t~eoperetit~~4?e e? t~e?eei~itywhe~e~ero

within 30 days after

the Agency has approved

a request

to modify the post—closure plan,

if the change

in the

post—closure plan increases the cost ol post—closure

care.

The revised post—closure cost estimate must be

adjusted

for inflation as specified in Section

724.244(b).

d)

The owner or operator rr~stshallkeep the following at

the facility during

the operating life of the

facility:

The latest post—closure cost estimate

prepared

in accordance with Section 724.244(a) and

(C)

and, when this estimate has been adjusted in accordance

with Section 724.244(b)

,

the latest adjusted post--

closure cost estimate.

75-408

---

—84—

(Source:

Amended at

11 Ill.

Reg.

effective

)

Section 724.245

Financial Assurance for Post—closure Care

An owner or operator of

a ?aei~itye~t~eet

to peet—e~eet~re

~et’~4teri~or mainter~oi’~eere~tiiremeo4sm~ethazardouswaste

management unit subject

to the requirements of Section 724.244

shall establish financial assurance

for post—closure care in

accordance with the approved post—closure plan for the facility

60 days prior

to the initial receipt of hazardous waste or

the

effective date of the regulation, whichever

is later.

The owner

or operator shal1~tMt~stchoose from the following options:

a)

Post—closure trust fund.

1)

An owner

or operator may satisfy the requirements

of this eSection by establishing

a post--closure

trust fund which conforms to the requirements

of

this paragraph and submitting an

ori~ino~yoriginal,signed duplicate of the trust

agreement

to the Agency.

An owner

or operator of

a

new facility ~stshal1

submit

the

er4~it’te~yoriginal,signed duplicate of the trust

agreement to the Agency at least 60

days before the

date on which hazardous waste

is first received for

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

dr State agency.

2)

The wording of the trust agreement must be

idet’~t4eo~to

tI’te

wer~ir~gepeei?ied

im

48

?FR

~64~fe++3~+as

specified in Section 724.251 and

the trust agreement must be accompanied by a formal

certification of acknowledgment ~?or

eMemp~e7see

48 ?FR ~64~5~+e~”(-8++asspecified

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 post—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

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 post—closure trust

fund must be

made as follows:

75-409

---

—85—

A)

For

a new facility~the first payment must be

made before the initial receipt of hazardous

waste for 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 post—closure cost estimate, except as

provided

in pere~fep1~

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