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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

725.101

Purpose, Scope, and Applicability

725.102

Electronic Reporting

725.104

Imminent Hazard Action

SUBPART B: GENERAL FACILITY STANDARDS

USEPA Identification Number

Required Notices

General Waste Analysis

Security

General Inspection Requirements

Personnel Training

General Requirements for Ignitable, Reactive, or Incompatible Wastes

Location Standards

Construction Quality Assurance Program

PREPAREDNESS AND PREVENTION

Applicability

Maintenance and Operation of Facility

Required Equipment

Testing and Maintenance of Equipment

Access to Communications or Alarm System

Required Aisle Space

Arrangements with Local Authorities

CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Applicability

Purpose and Implementation of Contingency Plan

Content of Contingency Plan

Copies of Contingency Plan

Amendment of Contingency Plan

Emergency Coordinator

Emergency Procedures

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: GROUNDWATER MONITORING

Groundwater Monitoring System

Sampling and Analysis

Preparation, Evaluation, and Response

Recordkeeping and Reporting

CLOSURE AND POST-CLOSURE CARE

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 Care Plan; Amendment of Plan

Post-Closure Notices

Certification of Completion of Post-Closure Care

Alternative Post-Closure Care Requirements

FINANCIAL REQUIREMENTS

Definitions of Terms as Used in this Subpart H

725.242

Cost Estimate for Closure

725.243

Financial Assurance for Closure

725.244

Cost Estimate for Post-Closure Care

725.245

Financial Assurance for Post-Closure Monitoring and Maintenance

725.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-

Closure Care

725.247?

Liability Requirements

725.248?

Incapacity of Owners or Operators, Guarantors, or Financial

Institutions

725.251

Promulgation of Forms (Repealed)

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Condition of Containers

Compatibility of Waste with Containers

Management of Containers

Inspections

Special Requirements for Ignitable or Reactive Wastes

725.277

Special Requirements for Incompatible Wastes

725.278

Air Emission Standards

SUBPART J: TANK SYSTEMS

Assessment of Existing Tank System Integrity

725.292?

Design and Installation of New Tank Systems or Components

725.293?

Containment and Detection of Releases

725.294

General Operating Requirements

725.295?

Inspections

725.296?

Response to Leaks or Spills and Disposition of Tank Systems

725.297

Closure and Post-Closure Care

725.298?

Special Requirements for Ignitable or Reactive Wastes

725.299

Special Requirements for Incompatible Wastes

725.300?

Waste Analysis and Trial Tests

725.301?

Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month

725.302?

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Design and Operating Requirements

725.323725.32^_725.324?

Waste Analysis and Trial Tests

725.326

Monitoring and Inspections

725.328?

Closure and Post-Closure Care

725.329?

Special Requirements for Ignitable or Reactive Wastes

725.330?

Special Requirements for Incompatible Wastes

725.331?

Air Emission Standards

SUBPART L: WASTE PILES

Design and Operating Requirements

725.355?

Action Leakage Rates

725.356?

Special Requirements for Ignitable or Reactive Wastes

725.357?

Special Requirements for Incompatible Wastes

725.358?

Closure and Post-Closure Care

725.359?

Response Actions

725.360?

Monitoring and Inspections

SUBPART M: LAND TREATMENT

General Operating Requirements

Unsaturated Zone (Zone of Aeration) Monitoring

Recordkeeping

Closure and Post-Closure Care

Special Requirements for Ignitable or Reactive Wastes

Special Requirements for Incompatible Wastes

Monitoring and Inspections

Surveying and Recordkeeping

Closure and Post-Closure Care

Special Requirements for Ignitable or Reactive Wastes

Special Requirements for Incompatible Wastes

Special Requirements for Liquid Wastes

Special Requirements for Containers

Disposal of Small Containers of Hazardous Waste in Overpacked Drums

SUBPART 0: INCINERATORS

General Operating Requirements

Monitoring and Inspections

Closure

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Other Thermal Treatment

General Operating Requirements

Waste Analysis

Monitoring and Inspections

Closure

Open Burning; Waste Explosives

Interim Status Thermal Treatment Devices Burning Particular

Hazardous Wastes

SUBPART Q: CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT

General Operating Requirements

Waste Analysis and Trial Tests

Inspections

Closure

Special Requirements for Ignitable or Reactive Wastes

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND INJECTION

Assessment of Existing Drip Pad Integrity

Design and Installation of New Drip Pads

Design and Operating Requirements

Inspections

Closure

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Standards: Process Vents

Standards: Closed-Vent Systems and Control Devices

Test Methods and Procedures

Recordkeeping Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Standards: Pumps in Light Liquid Service

Standards: Compressors

Standards: Pressure Relief Devices in Gas/Vapor Service

Standards: Sampling Connecting Systems

Standards: Open-Ended Valves or Lines

Standards: Valves in Gas/Vapor or Light Liquid Service

Standards: Pumps, Valves, Pressure Relief Devices, Flanges, and

ectors

Standards: Delay of Repair

Standards: Closed-Vent Systems and Control Devices

Percent Leakage Alternative for Valves

Skip Period Alternative for Valves

Test Methods and Procedures

Recordkeeping Requirements

SUBPART CC

: AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND

Schedule for Implementation of Air Emission Standards

Standards: General

Waste Determination Procedures

Standards: Tanks

Standards: Surface Impoundments

Standards: Containers

Standards: Closed-Vent Systems and Control Devices

725.989

725.990

725.991

Inspection and Monitoring Requirements

Recordkeeping Requirements

Alternative Tank Emission Control Requirements (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Design and Operating Standards

725.1102?

Closure and Post-Closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE

Design and Operating Standards

725.1202

Closure and Post-Closure Care

725.Append-i-3

GPPENDIX A Recordkeeping Instructions

725.Append-i-mAPPENDIX B EPA Report Form and Instructions (Repealed)

725.Apperld-i-aEAPPENDIX C USEPA Interim Primary Drinking Water Standards

725.

(at 25°C)

D Tests for Significance

E Examples of Potentially Incompatible Wastes

F Compounds with Henry's Law Constant Less Than 0.1 Y/X

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of

the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended

and codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in

R82-18 at 7 Ill. Reg. 2518, effective February 22, 1983; amended in R82-19 at 7

Ill. Reg. 14034, effective October 12, 1983; amended in R84-9 at 9 Ill. Reg.

11869, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1085,

effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective

August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6044, effective March 24,

1987; amended in R86-46 at 11 Ill. Reg. 13489, effective August 4, 1987; amended

in R87-5 at 11 Ill. Reg. 19338, effective Nov.November 10, 1987; amended in R87-

26 at 12 Ill. Reg. 2485, effective January 15, 1988; amended in R87-39 at 12

Ill. Reg. 13027, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 437,

effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18354, effective

Nov.November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August

22, 1990; amended in R90-10 at 14 Ill. Reg. 16498, effective &ela-t-September 25,

1990; amended in R90-11 at 15 Ill. Reg. 9398, effective June 17, 1991; amended

in R91-1 at 15 Ill. Reg. 14534, effective October 1, 1991; amended in R91-13 at

16 Ill. Reg. 9578, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.

17672, effective Nov.November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5681,

effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20620, effective

Nov.November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6771, effective April

26, 1994; amended in R94-7 at 18 Ill. Reg. 12190, effective July 29, 1994;

amended in R94-17 at 18 Ill. Reg. 17548, effective Nov.November 23, 1994;

amended in R95-6 at 19 Ill. Reg. 9566, effective June 27, 1995; amended in R95-

20 at 20 Ill. Reg. 11078, effective August 1, 1996; amended in R96-10/R97-3/R97-

5 at 22 Ill. Reg. 369, effective December 16, 1997; amended in R98-12 at 22 Ill.

Reg. 7620, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill.

Reg. 17620, effective &elat-September 28, 1998; amended in R98-21/R99-2/R99-7 at

23 Ill. Reg. 1850, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg.

9168, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1076, effective

January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9575, effective June 20,

2000; amended in R03-7 at 27 Ill. Reg. 4187, effective February 14, 2003;

amended in R05-8 at 29 Ill. Reg. 6028, effective April 13, 2005; amended in R05-

2 at 29 Ill. Reg. 6389, effective April 22, 2005; amended in R06-5/R06-6/R06-7

at 30 Ill. Reg. 3460, effective February 23, 2006; amended in R06-16/R06-17/R06-

18 at 31 Ill. Reg. 1031, effective December 20, 2006; amended in R07-5/R07-14 at

32 Ill. Reg.?

--, effective

SUBPART B: GENERAL FACILITY STANDARDS

Section 725.115

General Inspection Requirements

a)?

The owner or operator must inspect the facility for malfunctions and

deterioration, operator errors and discharges that may be causing -- or may lead

to -- the conditions listed below. The owner or operator must conduct these

inspections often enough to identify problems in time to correct them before

they harm human health or the environment.

Release of hazardous waste constituents to the environment, or

A threat to human health.

b)?

Written schedule.

The owner or operator must develop and follow a written schedule for

inspecting all monitoring equipment, safety and emergency equipment, security

devices, and operating and structural equipment (such as dikes and sump pumps)

that are important to preventing, detecting, or responding to environmental or

human health hazards.

The owner or operator must keep this schedule at the facility.

The schedule must identify the types of problems (e.g., malfunctions or

deterioration) that are to be looked for during the inspection (e.g.,

inoperative sump pump, leaking fitting, eroding dike, etc.).

The frequency of inspection may vary for the items on the schedule.

However, the frequency should be based on the rate of deterioration of the

equipment and the probability of an environmental or human health incident if

the deterioration, malfunction, or any operator error goes undetected between

inspections. Areas subject to spills, such as loading and unloading areas, must

be inspected daily when in use, except for the owner or operator of a

Performance Track member facility, which must inspect at least once each month

after approval by the Agency, as described in subsection (b)(5) of this Section.

At a minimum, the inspection schedule must include the items and frequencies

called for in Sections 725.274, 725.293, 725.295, 725.326, 725.360, 725.378,

725.404, 725.447, 725.477, 725.503, 725.933, 725.952, 725.953, 725.958, and

725.984 through 725.990, where applicable.

The owner or operator of a Performance Track member facility that chooses

to reduce its inspection frequency must fulfill the following requirements:

A)?

It must submit an application to the Agency. The application must

identify its facility as a member of the National Environmental Performance

Track Program, and it must identify the management units for reduced inspections

and the proposed frequency of inspections. Inspections pursuant to this

subsection (b)(5) must be conducted at least once each month.

B) Within 60 days, the Agency must notify the owner or operator of the

Performance Track member facility, in writing, if the application submitted

pursuant to subsection (b)(5)(A) of this Section is approved, denied, or if an

extension to the 60-day deadline is needed. This notice must be placed in the

facility's operating record. The owner or operator of the Performance Track

member facility should consider the application approved if the Agency does not

either deny the application or notify the owner or operator of the Performance

Track member facility of an extension to the 60-day deadline. In these

situations, the owner or operator of the Performance Track member facility must

adhere to the revised inspection schedule outlined in its application and

maintain a copy of the application in the facility's operating record.

Any owner or operator of a Performance Track member facility that

discontinues its membership or which USEPA terminates from the program must

immediately notify the Agency of its change in status. The facility owner or

operator must place in its operating record a dated copy of this notification

and revert back to the non-Performance Track inspection frequencies within seven

calendar days.

The owner or operator must remedy any deterioration or malfunction of

equipment or structure that the inspection reveals on a schedule that ensures

that the problem does not lead to an environmental or human health hazard.

Where a hazard is imminent or has already occurred, remedial action must be

taken immediately.

The owner or operator must record inspections in an inspection log or

summary. The owner or operator must keep these records for at least three years

from the date of inspection. At a minimum, these records must include the date

and time of the inspection, the name of the inspector, a notation of the

observations made and the date, and nature of any repairs or other remedial

actions.

(Source: Amended at 32 Ill. Reg.

Personnel training program.

Facility personnel must successfully complete a program of classroom

instruction or on-the-job training that teaches them to perform their duties in

a way that ensures the facility's compliance with the requirements of this part.

The owner or operator must ensure that this program includes all the elements

described in the document required under subsection (d)(3) of this Section.

This program must be directed by a person trained in hazardous waste

management procedures, and must include instruction that teaches facility

personnel hazardous waste management procedures (including contingency plan

implementation) relevant to the positions in which they are employed.

At a minimum, the training program must be designed to ensure that

facility personnel are able to respond effectively to emergencies by

familiarizing them with emergency procedures, emergency equipment and emergency

systems, including the following where applicable:

Procedures for using, inspecting, repairing and replacing facility

emergency and monitoring equipment;

Key parameters for automatic waste feed cut-off systems;

Communications or alarm systems;

Response to fires or explosions;

Response to groundwater contamination incidents; and

Shutdown of operations.

4)?

For facility employees that receive emergency response training pursuant

to the federal Occupational Safety and Health Administration (OSHA) regulations

at 29 CFR 1910.120(p) (8) and 1910.120(q), the facility is not required to

provide separate emergency response training pursuant to this section, provided

that the overall facility OSHA emergency response training meets all the

requirements of this Section.

b)?

Facility personnel must successfully complete the program required in

subsection (a) of this Section upon the effective date of these regulations or

six months after the date of their employment or assignment to a facility or to

a new position at a facility, whichever is later. Employees hired after the

effective date of these regulations must not work in unsupervised positions

until they have completed the training requirements of subsection (a) of this

Section.

Facility personnel must take part in an annual review of the initial

training required in subsection (a) of this Section.

The owner or operator must maintain the following documents and records at

the facility:

The job title for each position at the facility related to hazardous waste

management and the name of the employee filling each job;

A written job description for each position listed under subsection (d)(1)

of this Section. This description may be consistent in its degree of

specificity with descriptions for other similar positions in the same company

location or bargaining unit, but must include the requisite skill, education, or

other qualifications and duties of facility personnel assigned to each position;

A written description of the type and amount of both introductory and

continuing training that will be given to each person filling a position listed

under subsection (d)(1) of this Section;

Records that document that the training or job experience required under

subsections (a), (b), and (c) of this Section has been given to and completed by

facility personnel.

Training records on current personnel must be kept until closure of the

facility. Training records on former employees must be kept for at least three

years from the date the employee last worked at the facility. Personnel

training records may accompany personnel transferred within the same company.

(Source: Amended at 32 Ill. Reg.

, effective ?

Section 725.119?

Construction Quality Assurance Program

a)?

CQA program.

A construction quality assurance (CQA) program is required for all surface

impoundment, waste pile and landfill units that are required to comply with

Sections 725.321(a), 725.354, and 725.401(a). The program must ensure that the

constructed unit meets or exceeds all design criteria and specifications in this

Part. The program must be developed and implemented under the direction of a

CQA officer that is a registered professional engineer.

The CQA program must address the following physical components, where

applicable:

Foundations;

Dikes;

Low-permeability soil liners;

Geomembranes (flexible membrane liners);

Leachate collection and removal systems and leak detection systems; and

Final cover systems.

b)?

Written CQA plan. Before construction begins on a unit subject to the CQA

program under subsection (a) of this Section, the owner or operator must develop

a written CQA plan. The plan must identify steps that will be used to monitor

and document the quality of materials and the condition and manner of their

installation. The CQA plan must include the following:

Identification of applicable units and a description of how they will be

constructed.

Identification of key personnel in the development and implementation of

the CQA plan, and CQA officer qualifications.

A description of inspection and sampling activities for all unit

components identified in subsection (a) (2) of this Section, including

observations and tests that will be used before, during and after construction

to ensure that the construction materials and the installed unit components meet

the design specifications. The description must cover: Sampling size and

locations; frequency of testing; data evaluation procedures; acceptance and

rejection criteria for construction materials; plans for implementing corrective

measures; and data or other information to be recorded and retained in the

operating record under Section 725.173.

c)?

Contents of program.

1)?

The CQA program must include observations, inspections, tests and

measurements sufficient to ensure the following:

A)?

Structural stability and integrity of all components of the unit

identified in subsection (a)(2) of this Section;

Proper construction of all components of the liners, leachate collection

and removal system, leak detection system and final cover system, according to

permit specifications and good engineering practices, and proper installation of

all components (e.g., pipes) according to design specifications;

Conformity of all materials used with design and other material

specifications under 35 Ill. Adm. Code 724.321, 724.351, and 724.401.

2)?

The CQA program must include test fills for compacted soil liners, using

the same compaction methods as in the full-scale unit, to ensure that the liners

are constructed to meet the hydraulic conductivity requirements of 35 Ill. Adm.

Code 724.321(c)(1), 724.351(c)(1), or 724.401(c)(1) in the field. Compliance

with the hydraulic conductivity requirements must be verified by using in-situ

testing on the constructed test fill. The test fill requirement is waived where

data are sufficient to show that a constructed soil liner meets the hydraulic

conductivity requirements of 35 Ill. Adm. Code 724.321(c)(1), 724.354(c)(1)–

724.354(c)(1), or 724.401(c)(1) in the field.

Certification. The owner or operator of units subject to this Section

must submit to the Agency by certified mail or hand delivery, at least 30 days

prior to receiving waste, a certification signed by the CQA officer that the CQA

plan has been successfully carried out and that the unit meets the requirements

of Sections 725.321(a), 725.354, or 725.401(a). The owner or operator may

receive waste in the unit after 30 days from the Agency's receipt of the CQA

certification unless the Agency determines in writing that the construction is

not acceptable, or extends the review period for a maximum of 30 more days, or

seeks additional information from the owner or operator during this period.

Documentation supporting the CQA officer's certification must be furnished to

the Agency upon request.

Final Agency determinations pursuant to this Section are deemed to be

permit denials for purposes of appeal to the Board pursuant to Section 40 of the

Environmental Protection Act [415 ILCS 5/40].

(Source: Amended at 32 Ill. Reg.

, effective ?

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section 725.152

Content of Contingency Plan

a) The contingency plan must describe the actions facility personnel must

take to comply with Sections 725.151 and 725.156 in response to fires,

explosions, or any unplanned sudden or non-sudden release of hazardous waste or

hazardous waste constituents to air, soil, or surface water at the facility.

If the owner or operator has already prepared a federal Spill Prevention

Control and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 or

300, or some other emergency or contingency plan, it needs only amend that plan

to incorporate hazardous waste management provisions that are sufficient to

comply with the requirements of this Part. The owner or operator may develop

one contingency plan that meets all regulatory requirements. USEPA has

recommended that the plan be based on the National Response Team's Integrated

Contingency Plan Guidance (One Plan). When modifications are made to non-RCRA

provisions in an integrated contingency plan, the changes do not trigger the

need for a RCRA permit modification.

BOARD NOTE: The federal One Plan guidance appeared in the Federal Register at

61 Fed. Reg. 28642 (June 5, 1996), and was corrected at 61 Fed. Reg. 31103 (June

19, 1996). USEPA, Office of Solid Waste and Emergency Response, Chemical

Emergency Preparedness and Prevention Office, has made these documents available

on-line for examination and download at

yosemite.epa.gov/oswer/Ceppoweb.nsf/content/serc-lepc-publications.htm

The plan must describe arrangements agreed to by local police department,

fire departments, hospitals, contractors, and State and local emergency response

teams to coordinate emergency services, pursuant to Section 725.137.

The plan must list names, addresses, and phone numbers (office and home)

of all persons qualified to act as emergency coordinator (see Section 725.155),

and this list must be kept up to date. Where more than one person is listed one

must be named as primary emergency coordinator and others must be listed in the

order in which they will assume responsibility as alternates.

The plan must include a list of all emergency equipment at the facility

(such as fire extinguishing systems, spill control equipment, communications and

alarm systems (internal and external), and decontamination equipment) where this

equipment is required. This list must be kept up to date. In addition, the

plan must include the location and a physical description of each item on the

list and a brief outline of its capabilities.

The plan must include an evacuation plan for facility personnel where

there is a possibility that evacuation could be necessary. This plan must

describe signals to be used to begin evacuation, evacuation routes, and

alternate evacuation routes (in cases where the primary routes could be blocked

by releases of hazardous waste or fires).

(Source: Amended at 32 Ill. Reg.

Whenever there is an imminent or actual emergency situation, the emergency

coordinator (or his designee when the emergency coordinator is on call) must

immediately do the following:

He or she must activate internal facility alarms or communication systems,

where applicable, to notify all facility personnel; and

He or she must notify appropriate State or local agencies with designated

response roles if their help is needed.

Whenever there is a release, fire, or explosion, the emergency coordinator

must immediately identify the character, exact source, amount, and a r al areal

extent of any released materials. He or she may do this by observation or

review of facility records or manifests and, if necessary, by chemical analysis.

c)?

Concurrently, the emergency coordinator must assess possible hazards to

human health or the environment that may result from the release, fire, or

explosion. This assessment must consider both direct and indirect effects of

the release, fire, or explosion (e.g., the effects of any toxic, irritating, or

asphyxiating gases that are generated, or the effects of any hazardous surface

water runoffs from water or chemical agents used to control fire and heat-

induced explosions).

d)?

If the emergency coordinator determines that the facility has had a

release, fire, or explosion that could threaten human health or the environment

outside the facility, he or she must report his findings as follows:

If his assessment indicates that evacuation of local areas may be

advisable, the emergency coordinator must immediately notify appropriate local

authorities. He or she must be available to help appropriate officials decide

whether local areas should be evacuated; and

The emergency coordinator must immediately notify either the government

official designated as the on-scene coordinator for that geographical area (in

the applicable regional contingency plan under federal 40 CFR 300), or the

National Response Center (using their 24-hour toll free number 800-424-8802).

The report must include the following:

The name and telephone number of reporter;

B) The name and address of facility;

The time and type of incident (e.g., release, fire, etc.);

The name and quantity of materials involved, to the extent known;

The extent of injuries, if any; and

F) The possible hazards to human health or the environment outside the

facility.

e)?

During an emergency the emergency coordinator must take all reasonable

measures necessary to ensure that fires, explosions, and releases do not occur,

recur, or spread to other hazardous waste at the facility. These measures must

include, where applicable, stopping processes and operations, collecting and

containing released waste, and removing or isolating containers.

If the facility stops operations in response to a fire, explosion or

release, the emergency coordinator must monitor for leaks, pressure buildup, gas

generation, or ruptures in valves, pipes, or other equipment, wherever this is

appropriate.

Immediately after an emergency, the emergency coordinator must provide for

treating, storing, or disposing of recovered waste, contaminated soil, or

surface water, or any other material that results from a release, fire, or

explosion at the facility.

BOARD NOTE: Unless the owner or operator can demonstrate in accordance

with 35 Ill. Adm. Code 721.103(d) or (e) that the recovered material is not a

hazardous waste, the owner or operator becomes a generator of hazardous waste

and must manage it in accordance with all applicable requirements of 35 Ill.

Adm. Code 722, 723, and 725.

h)?

The emergency coordinator must ensure that, in the affected areas of the

facility, the following occur:

1)?

No waste that may be incompatible with the released material is treated,

stored, or disposed of until cleanup procedures are completed; and

BOARD NOTE:

NOTE: An owner or operator of a facility whose pro

requires the owner or operator to report any unrec

during later analysis.

2)?

All emergency equipment listed in the contingency plan is cleaned and fit

for its intended use before operations are resumed.

The owner or operator must notify thc Agency and other appropriate State

this Section before operations arc resumed in thc affected areas of the

facility.

ji i) The owner or operator must note in the operating record the time, date,

and details of any incident that requires implementing the contingency plan.

Within 15 days after the incident, it must submit a written report on the

incident to the Agency. The report must include the following information:

The name, address, and telephone number of the owner or operator;

The name, address, and telephone number of the facility;

The date, time, and type of incident (e.g., fire, explosion, etc.);

The name and quantity of materials involved;

5) The extent of injuries, if any;

An assessment of actual or potential hazards to human health or the

environment, where this is applicable; and

The estimated quantity and disposition of recovered material that resulted

from the incident.

(Source: Amended at 32 Ill. Reg.

--, effective

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

Section 725.171

Use of Manifest System

a) Receipt of manifested hazardous waste.

receives hazardous waste accompanied by a manifes

A)?

It must sign and date ach copy of the manifest to certify that the

hazardous waste covered by the manifest was received;

D)?

It must note any signific

manifest;

It must send a copy of thc manifest to thc generator and thc Agency within

e _

years after thc date of delivery.

facility receives hazardous waste accompanied by a manifest, the owner,

operator, or'its agent must sign and date the manifest, as indicated in

subsection (a)(2)(B) of this Section, to certify that the hazardous waste

covered by the manifest was received, that the hazardous waste was received

except as noted in the discrepancy space of the manifest, or that the hazardous

waste was rejected as noted in the manifest discrepancy space.

B2)?

If a facility receives a hazardous waste shipment accompanied by a

manifest, the owner, operator, or its agent must do the following:

I-AA)

It must sign and date, by hand, each copy of the manifest;

iiDa) It must note any discrepancies (as defined in Section 725.172(b)) on each

copy of the manifest;

iiiCC)

manifest;

It must immediately give the transporter at least one copy of the

ivDp) It must send a copy of the manifest to the generator within 30 days after

delivery; and

BE) It must retain at the facility a copy of each manifest for at least three

years after the date of delivery.

G3)?

If a facility receives hazardous waste imported from a foreign source, the

receiving facility must mail a copy of the manifest to the following address

within 30 days after delivery: International Compliance Assurance Division,

OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building,

1200 Pennsylvania Avenue, NW, Washington, DC 20460.

responds with 40 CFR 265.71(a)

b)?

If a facility receives from a rail or water (bulk shipment) transporter

hazardous waste that is accompanied by a shipping paper containing all the

information required on the manifest (excluding the USEPA identification

numbers, generator certification, and signatures), the owner or operator or its

agent must do each of the following:

It must sign and date each copy of the manifest or shipping paper (if the

manifest has not been received) to certify that the hazardous waste covered by

the manifest or shipping paper was received;

2) It must note any significant discrepancies, as defined in Section

725.172(a), in the manifest or shipping paper (if the manifest has not been

received) on each copy of the manifest or shipping paper;

BOARD NOTE: The owner or operator of a facility whose procedures under

Section 725.113(c) include waste analysis need not perform that analysis before

signing the shipping paper and giving it to the transporter. Section

725.172(b), however, requires reporting an unreconciled discrepancy discovered

during later analysis.

3) It must immediately give the rail or water (bulk shipment) transporter at

least one copy of the manifest or shipping paper (if the manifest has not been

received);

Forwarding copies of thc manifest.

Until Sept. 5, 2006: The facility owner or operator must send a copy of

A e---.

I *

after thc delivery; however, if thc manifest has not bccn received within 30

2006: The owner or operator must send a copy of the signed and dated manifest

or a signed and dated copy of the shipping paper (if the manifest has not been

received within 30 days after delivery) to the generator within 30 days after

the delivery; and

BOARD NOTE: 35 Ill. Adm. Code 722.123(c) requires the generator to send

three copies of the manifest to the facility when hazardous waste is sent by

rail or water (bulk shipment).

Retain at the facility a copy of the manifest and shipping paper (if

signed in lieu of the manifest at the time of delivery) for at least three years

from the date of delivery.

Whenever a shipment of hazardous waste is initiated from a facility, the

owner or operator of that facility must comply with the requirements of 35 Ill.

Adm. Code 722.

BOARD NOTE: The provisions of 35 Ill. Adm. Code 722.134 are applicable to

the on-site accumulation of hazardous wastes by generators. Therefore, the

provisions of 35 Ill. Adm. Code 722.134 apply only to owners or operators that

are shipping hazardous waste which they generated at that facility.

Within three working days of the receipt of a shipment subject to Subpart

H of 35 Ill. Adm. Code 722, the owner or operator of the facility must provide a

copy of the tracking document bearing all required signatures to the notifier;

to the Office of Enforcement and Compliance Assurance, Office of Compliance,

Enforcement Planning, Targeting and Data Division (2222A), Environmental

Protection Agency, 401 M St., SW, Washington, DC 20460; to the Bureau of Land,

Division of Land Pollution Control, Illinois Environmental Protection Agency,

P.O. Box 19276, Springfield, IL 62794-9276; and to competent authorities of all

other concerned countries. The original copy of the tracking document must be

maintained at the facility for at least three years from the date of signature.

(Source: Amended at 32 Ill. Reg.

, effective ?

Section 725.172

Manifest Discrepancies

a)?

The following requirements apply until Sept. 5, 2005:"Manifest

discrepancies" are defined as any one of the following:

typc of hazardous waste a facility actually receives.

2)?

Significant discrepancies in quantity arc defined as follows:

inc drum in a truckload.

Upon discovering a significant discrepancy, thc owner or operator must

attempt to reconcile the discrepancy with the waste generator or transporter

(c.g., with telephone conversations). If thc discrepancy is not resolved within

15–days after receiving the waste, thc owner or operator must immediately submit

and a copy of the manifest or chipping paper at issue.

b)?

The following requirements apply effective Sept. 5, 2005-:-

la)

Al)?

Significant differences (as defined by subsection (b)(2) of this Section)

between the quantity or type of hazardous waste designated on the manifest or

shipping paper, and the quantity and type of hazardous waste a facility actually

receives;

R2)?

Rejected wastes, which may be a full or partial shipment of hazardous

waste that the treatment, storage, or disposal facility cannot accept; or

G3)

Container residues, which are residues that exceed the quantity limits for

empty containers set forth in 35 Ill. Adm. Code 721.107(b).

2-b)

"Significant differences in quantity" are defined as the appropriate of

the following: for bulk waste, variations greater than 10 percent in weight;

or, for batch waste, any variation in piece count, such as a discrepancy of one

drum in a truckload. "Significant differences in type" are defined as obvious

differences that can be discovered by inspection or waste analysis, such as

waste solvent substituted for waste acid, or as toxic constituents not reported

on the manifest or shipping paper.

3c)

Upon discovering a significant difference in quantity or type, the owner

or operator must attempt to reconcile the discrepancy with the waste generator

or transporter (e.g., with telephone conversations). If the discrepancy is not

resolved within 15 days after receiving the waste, the owner or operator must

immediately submit to the Agency a letter describing the discrepancy and

attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

4d)?

Rejection of hazardous waste.

Al)?

Upon rejecting waste or identifying a container residue that exceeds the

quantity limits for empty containers set forth in 35 Ill. Adm. Code 721.107(b),

the facility must consult with the generator prior to forwarding the waste to

another facility that can manage the waste. If it is impossible to locate an

alternative facility that can receive the waste, the facility may return the

rejected waste or residue to the generator. The facility must send the waste to

the alternative facility or to the generator within 60 days after the rejection

or the container residue identification.

R2)

While the facility is making arrangements for forwarding rejected wastes

or residues to another facility under this Section, it must ensure that either

the delivering transporter retains custody of the waste, or the facility must

provide for secure, temporary custody of the waste, pending delivery of the

waste to the first transporter designated on the manifest prepared under

subsection (b)(5) (e) or (b)(C) (f) of this Section.

5e)

Except as provided in subsection (b)(5)(C) (e)(7) of this Section, for

full or partial load rejections and residues that are to be sent off-site to an

alternate facility, the facility is required to prepare a new manifest in

accordance with 35 Ill. Adm. Code 722.120(a) and the following instructions set

forth in subsections (e)(1) through (e)(6) of this Section:

Al)

Write the generator's USEPA identification number in Item 1 of the new

manifest. Write the generator's name and mailing address in Item 5 of the new

manifest. If the mailing address is different from the generator's site

address, then write the generator's site address in the designated space in Item

R2)

Write the name of the alternate designated facility and the facility's

USEPA identification number in the designated facility block (Item 8) of the new

manifest.

G3)?

Copy the manifest tracking number found in Item 4 of the old manifest to

the Special Handling and Additional Information Block of the new manifest, and

indicate that the shipment is a residue or rejected waste from the previous

shipment.

134)?

Copy the manifest tracking number found in Item 4 of the new manifest to

the manifest reference number line in the Discrepancy Block of the old manifest

(Item 18a).

ES) Write the USDOT description for the rejected load or the residue in Item 9

(USDOT Description) of the new manifest and write the container types, quantity,

and volumes of waste.

F6) Sign the Generator's/Offeror's Certification to certify, as the offeror of

the shipment, that the waste has been properly packaged, marked and labeled and

is in proper condition for transportation.

G7)

For full load rejections that are made while the transporter remains

present at the facility, the facility may forward the rejected shipment to the

alternate facility by completing Item 18b of the original manifest and supplying

the information on the next destination facility in the Alternate Facility

space. The facility must retain a copy of this manifest for its records, and

then give the remaining copies of the manifest to the transporter to accompany

the shipment. If the original manifest is not used, then the facility must use a

new manifest and comply with subsections (b) (5) (A) (e) (1) through (b) (5) (F)

-e)(6) of this Section.

-6-f)?

Except as provided in subsection (b)(G)(C) (f)(7) of this Section, for

rejected wastes and residues that must be sent back to the generator, the

facility is required to prepare a new manifest in accordance with 35 Ill. Adm.

Code 722.120(a) and the following instructions set forth in subsections (f)(1)

through (f)(6) of this Section:

Al)

Write the facility's USEPA identification number in Item 1 of the new

manifest. Write the generator's name and mailing address in Item 5 of the new

manifest. If the mailing address is different from the generator's site address,

then write the generator's site address in the designated space for Item 5.

142)

Write the name of the initial generator and the generator's USEPA

identification number in the designated facility block (Item 8) of the new

manifest.

G3)?

Copy the manifest tracking number found in Item 4 of the old manifest to

the Special Handling and Additional Information Block of the new manifest, and

indicate that the shipment is a residue or rejected waste from the previous

shipment.

D4)?

Copy the manifest tracking number found in Item 4 of the new manifest to

the manifest reference number line in the Discrepancy Block of the old manifest

(Item 18a).

E5) Write the USDOT description for the rejected load or the residue in Item 9

(USDOT Description) of the new manifest and write the container types, quantity,

and volumes of waste.

F6)?

Sign the Generator's/Offeror's Certification to certify, as offeror of the

shipment, that the waste has been properly packaged, marked and labeled and is

in proper condition for transportation.

G7)

For full load rejections that are made while the transporter remains at

the facility, the facility may return the shipment to the generator with the

original manifest by completing Item 18b of the manifest and supplying the

generator's information in the Alternate Facility space. The facility must

retain a copy for its records and then give the remaining copies of the manifest

to the transporter to accompany the shipment. If the original manifest is not

used, then the facility must use a new manifest and comply with subsections

(b) ( ) (A) (f) (1) through (

f) (6) of this Section.

4g)?

If a facility rejects a waste or identifies a container residue that

exceeds the quantity limits for empty containers set forth in 35 Ill. Adm. Code

721.107(b) after it has signed, dated, and returned a copy of the manifest to

the delivering transporter or to the generator, the facility must amend its copy

of the manifest to indicate the rejected wastes or residues in the discrepancy

space of the amended manifest. The facility must also copy the manifest

tracking number from Item 4 of the new manifest to the Discrepancy space of the

amended manifest, and must re-sign and date the manifest to certify to the

information as amended. The facility must retain the amended manifest for at

least three years from the date of amendment, and must within 30 days, send a

copy of the amended manifest to the transporter and generator that received

copies prior to their being amended.

. -?

et-

effective Sept. 5, 2006.

(Source: Amended at 32 Ill. Reg. ?--, effective ?

Section 725.173

Operating Record

The owner or operator must keep a written operating record at the

facility.

The following information must be recorded as it becomes available and

maintained in the operating record until cloeurc of the facility for three years

unless otherwise provided as follows:

1) A description and the quantity of each hazardous waste received and the

me-hed—or—methods and date cr dates of its treatment, storage, or disposal at

the facility, as required by Appendix A to this Part. This information must be

maintained in the operating record until closure of the facility;

The location of each hazardous waste within the facility and the quantity

at each location. For disposal facilities the location and quantity of each

hazardous waste must be recorded on a map or diagram of that shows each cell or

disposal area. For all facilities this information must include cross-

references to cpccific manifest document numbers if the waste was accompanied by

a manifest. This information must be maintained in the operating record until

closure of the facility;

BOARD NOTE: See Sections 725.219, 725.379, and 725.409 for related

requirements.

3) Records and results of waste analysis, waste determinations, and trial

tests performed, as specified in Sections 725.113, 725.300, 725.325, 725.352,

725.373, 725.414, 725.441, 725.475, 725.502, 725.934, 725.963, and 725.984 and

35 Ill. Adm. Code 728.104(a) and 728.107;

Summary reports and details of all incidents that require implementing the

contingency plan, as specified in Section 725.156(j);

Records and results of inspections as required by Section 725.115(d)

(except these data need be kept only three years);

Monitoring, testing, or analytical data, where required by Subpart F of

this Part or Sections 725.119, 725.190, 725.194, 725.291, 725.293, 725.295,

725.322, 725.323, 725.324, 725.326, 725.355, 725.359, 725.360, 725.376, 725.378,

725.380(d)(1),

,725 402, 725.404, 725.447, 725.477, 725.934(c)

through (f), 725.935, 725.963(d) through (i), 725.964, and 725.1083 through

725.990. Maintain in the operating record for three years, except for records

and results pertaining to ground watergroundwater monitoring and cleanup, and

response action plans for surface impoundments, waste piles, and landfills,

which must be maintained in the operating record until closure of the facility;

BOARD NOTE: As required by Section 725.194, monitoring data at disposal

facilities must be kept throughout the post-closure period.

All closure cost estimates under Section 725.242 and, for disposal

facilities, all post-closure cost estimates under Section 725.244 must be

maintained in the operating record until closure of the facility;

8) Records of the quantities (and date of placement) for each shipment of

hazardous waste placed in land disposal units under an extension of the

effective date of any land disposal restriction granted pursuant to 35 Ill. Adm.

Code 728.105, a petition pursuant to 35 Ill. Adm. Code 728.106, or a

certification under 35 Ill. Adm. Code 728.108 and the applicable notice required

of a generator under 35 Ill. Adm. Code 728.107(a). All of this information must

be maintained in the operating record until closure of the facility;

For an off-site treatment facility, a copy of the notice and the

certification and demonstration, if applicable, required of the generator or the

owner or operator under 35 Ill. Adm. Code 728.107 or 728.108;

10)

For an on-site treatment facility, the information contained in the notice

(except the manifest number) and the certification and demonstration, if

applicable, required of the generator or the owner or operator under 35 Ill.

Adm. Code 728.107 or 728.108;

11)

For an off-site land disposal facility, a copy of the notice and the

certification and demonstration, if applicable, required of the generator or the

owner or operator of a treatment facility under 35 Ill. Adm. Code 728.107 or

728.108;

12)

For an on-site land disposal facility, the information contained in the

notice required of the generator or owner or operator of a treatment facility

under 35 Ill. Adm. Code 728.107, except for the manifest number, and the

certification and demonstration, if applicable, required under 35 Ill. Adm. Code

728.107 or 728.108;

13)

For an off-site storage facility, a copy of the notice and the

certification and demonstration, if applicable, required of the generator or the

owner or operator under 35 Ill. Adm. Code 728.107 or 728.108; and

14)

For an on-site storage facility, the information contained in the notice

(except the manifest number) and the certification and demonstration, if

applicable, required of the generator or the owner or operator under 35 Ill.

Adm. Code 728.107 or 728.100.728 108; and

15)

Monitoring, testing or analytical data, and corrective action, where

required by Sections 725.190 and 725.193(d)(2) and (d)(5), and the

certification, as required by Section 725.196(f), must be maintained in the

operating record until closure of the facility.

(Source: Amended at 32 Ill. Reg.

, effective ?

Section 725.176

Unmanifested Waste Report

a)?

merits apply until cpt. 5, 2005. If a facility

accepts for tr tram-It, storage, or disposal any hazardous waste from an off site

source without an accompanying manifcct or without an accompanying shipping-

- - -

-z-

- z

excluded from thc manifcct requirement by 35 Ill. Adm. Code 721.105, thcn thc

wncr or operator must prepare and submit a single copy of a rcport to thc

• - -

Thc date thc facility received thc waste;

thc transporter, if available;

facility received,

7)?

-tc was unmanifcstcd, if known.b

Thc following requirements apply effective Sept. 5, 2005: If a facility accepts

for treatment, storage, or disposal any hazardous waste from an off-site source

without an accompanying manifest, or without an accompanying shipping paper, as

described by 35 Ill. Adm. Code 723.120(e), and if the waste is not excluded from

the manifest requirement by 35 Ill. Adm. Code 260 through 265, then the owner or

operator must prepare and submit a letter to the Agency within 15 days after

receiving the waste. The unmanifested waste report must contain the following

information:

The USEPA identification number, name, and address of the facility;

The date the facility received the waste;

The USEPA identification number, name, and address of the generator and

the transporter, if available;

A description and the quantity of each unmanifested hazardous waste the

facility received;

The method of treatment, storage, or disposal for each hazardous waste;

The certification signed by the owner or operator of the facility or its

authorized representative; and

A brief explanation of why the waste was unmanifested, if known.

b) This subsection (b) corresponds with 40 CFR 265.76(b), which USEPA has

marked "reserved." This statement maintains structural consistency with the

corresponding federal regulations.

BOARD NOTE: Small quantities of hazardous waste are excluded from regulation

under this Part and do not require a manifest. Where a facility received

unmanifested hazardous waste, USEPA has suggested that the owner or operator

obtain from each generator a certification that the waste qualifies for

exclusion. Otherwise, USEPA has suggested that the owner or operator file an

unmanifested waste report for the hazardous waste movement. Subsection (a) is

derived from 10 CFR 265.76 (2001), effective until cpt. 5, 2006. Subsection

(b) is derived from 10 CFR 265.76 (2005), effective Sept.

(Source: Amended at 32 Ill. Reg.

SUBPART F: GROUNDWATER MONITORING

The owner or operator of a surface impoundment, landfill, or land

treatment facility that is used to manage hazardous waste must implement a

groundwater monitoring program capable of determining the facility's impact on

the quality of groundwater in the uppermost aquifer underlying the facility,

except as Section 725.101 and subsection (c) of this Section provide otherwise.

b)?

Except as subsections (c) and (d) of this Section provide otherwise, the

owner or operator must install, operate, and maintain a groundwater monitoring

system that meets the requirements of Section 725.191 and must comply with

Sections 725.192 through 725.194. This groundwater monitoring program must be

carried out during the active life of the facility and for disposal facilities

during the post-closure care period as well.

c)?

All or part of the groundwater monitoring requirements of this Subpart F

may be waived if the owner or operator can demonstrate that there is a low

potential for migration of hazardous waste or hazardous waste constituents from

the facility via the uppermost aquifer to water supply wells (domestic,

industrial, or agricultural) or to surface water. This demonstration must be in

writing and must be kept at the facility. This demonstration must be certified

by a qualified geologist or geotechnical engineer and must establish the

following:

1)?

The potential for migration of hazardous waste or hazardous waste

constituents from the facility to the uppermost aquifer by an evaluation of the

following information:

A water balance of precipitation, evapotranspiration, runoff, and

infiltration; and

Unsaturated zone characteristics (i.e., geologic materials, physical

properties, and depth to ground water); and

2)?

The potential for hazardous waste or hazardous waste constituents that

enter the uppermost aquifer to migrate to a water supply well or surface water

by an evaluation of the following information:

Saturated zone characteristics (i.e., geologic materials, physical

properties, and rate of groundwater flow); and

The proximity of the facility to water supply wells or surface water.

d)?

If an owner or operator assumes (or knows) that groundwater monitoring of

indicator parameters in accordance with Sections 725.191 and 725.192 would show

statistically significant increases (or decreases in the case of pH) when

evaluated pursuant to Section 725.193(b), it may install, operate, and maintain

an alternate groundwater monitoring system (other than the one described in

Sections 725.191 and 725.192). If the owner or operator decides to use an

alternate groundwater monitoring system it must have done as follows:

Dy Nov. 19, 1981, thc The owner or operator must hale cubmittcd to thc

UCCPA Rcgion 5 develop a specific plan, certified by a qualified geologist or

geotechnical engineer, that satisfies the requirements of federal 40 CFR

265.93(d)(3) for an alternate groundwater monitoring system. This plan is to be

placed in the facility's operating record and maintained until closure of the

facility;

Dy Nov. 19, 1901, thc The owner or operator must have initiated the

determinations specified in federal 40 CFR 265.93(d)(4);

The owner or operator must have prepared and cubmittcd prepare a written

report in accordance with Section 725.193(d)(5) and place it in the facility's

operating record and maintain until closure of the facility;

The owner or operator must continue to make the determinations specified

in Section 725.193(d)(4) on a quarterly basis until final closure of the

facility; and

The owner or operator must comply with the recordkeeping and reporting

requirements in Section 725.194(b).

e)?

The groundwater monitoring requirements of this Subpart F may be waived

with respect to any surface impoundment of which the following is true:

The impoundment is used to neutralize wastes that are hazardous solely

because they exhibit the corrosivity characteristic pursuant to 35 Ill. Adm.

Code 721.122 or which are listed as hazardous wastes in Subpart D of 35 Ill.

Adm. Code 721 only for this reason; and

The impoundment contains no other hazardous wastes, if the owner or

operator can demonstrate that there is no potential for migration of hazardous

wastes from the impoundment. The demonstration must establish, based upon

consideration of the characteristics of the wastes and the impoundment, that the

corrosive wastes will be neutralized to the extent that they no longer meet the

corrosivity characteristic before they can migrate out of the impoundment. The

demonstration must be in writing and must be certified by a qualified

professional.

f)?

A permit or enforceable document can contain alternative requirements for

groundwater monitoring that replace all or part of the requirements of this

Subpart F applicable to a regulated unit (as defined in 35 Ill. Adm. Code

724.190), as provided pursuant to 35 Ill. Adm. Code 703.161, where the Board has

determined by an adjusted standard granted pursuant to Section 28.1 of the Act

[415 ILCS 5/28.11 and Subpart D of 35 Ill. Adm. Code 104 the following:

The regulated unit is situated among solid waste management units (or

areas of concern), a release has occurred, and both the regulated unit and one

or more solid waste management units (or areas of concern) are likely to have

contributed to the release; and

It is not necessary to apply the groundwater monitoring requirements of

this Subpart F because the alternative requirements will adequately protect

human health and the environment. The alternative standards for the regulated

unit must meet the requirements of 35 Ill. Adm. Code 724.201(a).

(Source: Amended at 32 Ill. Reg.

, effective

Section 725.193

Preparation, Evaluation,- and Response

a) By no later than Nov.November 19, 1981, the owner or operator must have

prepared an outline of a groundwater quality assessment program. The outline

must describe a more comprehensive groundwater monitoring program (than that

described in Sections 725.191 and 725.192) capable of determining each of the

following:

Whether hazardous waste or hazardous waste constituents have entered the

groundwater;

The rate and extent of migration of hazardous waste or hazardous waste

constituents in the groundwater; and

3) The concentrations of hazardous waste or hazardous waste constituents in

the groundwater.

b)?

For each indicator parameter specified in Section 725.192(b)(3), the owner

or operator must calculate the arithmetic mean and variance, based on at least

four replicate measurements on each sample, for each well monitored in

accordance with Section 725.192(d)(2) and compare these results with its

initial background arithmetic mean. The comparison must consider individually

each of the wells in the monitoring system and must use the Student's t-test at

the 0.01 level of significance (see Appendix D) to determine statistically

significant increases (and decreases, in the case of pH) over initial

background.

Well comparisons.

If the comparisons for the upgradient wells made under subsection (b) of

this Section show a significant increase (or pH decrease) the owner or operator

must submit this information in accordance with Section 725.194(a)(2)(3).

If the comparisons for downgradient wells made under subsection (b) of

this Section show a significant increase (or pH decrease) the owner or operator

must then immediately obtain additional groundwater samples for those

downgradient wells where a significant difference was detected, split the

samples in two and obtain analyses of all additional samples to determine

whether the significant difference was a result of laboratory error.

d)?

Notice to the Agency.

If the analyses performed under subsection (c)(2) of this Section confirm

the significant increase (or pH decrease) the owner or operator must provide

written notice to the Agency -- within seven days after the date of such

confirmation -- that the facility may be affecting groundwater quality.

Within 15 days after the notification under subsection (d)(1) of this

Section, the owner or operator must develop and submit to the Agcncy a specific

plan, based on the outline required under subsection (a) of this Section and

certified by a qualified geologist or geotechnical engineer for a groundwater

quality assessment program at the facility. This plan must be placed in the

facility operating record and be maintained until closure of the facility.

The plan to be submitted under Section 725.190(d)(1) or subsection (d)(2)

of this Section must specify all of the following:

The number, location, and depth of wells;

Sampling and analytical methods for those hazardous wastes or hazardous

waste constituents in the facility;

Evaluation procedures, including any use of previously gathered

groundwater quality information; and

A schedule of implementation.

4)?

The owner or operator must implement the groundwater quality assessment

plan that satisfies the requirements of subsection (d)(3) of this Section and,

at a minimum, determine each of the following:

The rate and extent of migration of the hazardous waste or hazardous waste

constituents in the groundwater; and

The concentrations of the hazardous waste or hazardous waste constituents

in the groundwater.

5)?

The owner or operator must make his first determination under subsection

(d)(4) of this Section, as soon as technically feasible and, within 15 days

after that determination, submit to the Agency a writtcr„ and prepare a report

containing an assessment of the groundwater quality. This report must be placed

in the facility operating record and be maintained until closure of the

facility.

6)?

If the owner or operator determines, based on the results of the first

determination under subsection (d)(4) of this Section, that no hazardous waste

or hazardous waste constituents from the facility have entered the groundwater,

then he may reinstate the indicator evaluation program described in Section

725.192 and subsection (b) of this Section. If the owner or operator reinstates

the indicator evaluation program, he must so notify the Agency in the report

submitted under subsection (d)(5) of this Section.

7)?

If the owner or operator determines, based on the first determination

under subsection (d)(4) of this Section, that hazardous waste or hazardous waste

constituents from the facility have entered the groundwater, then the owner or

operator must do either of the following:

It must continue to make the determinations required under subsection

(d)(4) of this Section on a quarterly basis until final closure of the facility

if the groundwater quality assessment plan was implemented prior to final

closure of the facility; or

It may cease to make the determinations required under subsection (d)(4)

of this Section if the groundwater quality assessment plan was implemented

during the post-closure care period.

Notwithstanding any other provision of this Subpart F, any groundwater

quality assessment to satisfy the requirements of subsection (d)(4) of this

Section that is initiated prior to final closure of the facility must be

completed and reported in accordance with subsection (d)(5) of this Section.

Unless the groundwater is monitored to satisfy the requirements of

subsection (d)(4) of this Section at least annually the owner or operator must

evaluate the data on groundwater surface elevations obtained under Section

725.192(e) to determine whether the requirements under Section 725.191(a) for

locating the monitoring wells continues to be satisfied. If the evaluation

shows that Section 725.191(a) is no longer satisfied, the owner or operator must

immediately modify the number, location or depth of the monitoring wells to

bring the groundwater monitoring system into compliance with this requirement.

(Source: Amended at 32 Ill. Reg.

, effective ?

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section 725.212?

Closure Plan; Amendment of Plan

Written plan. Within six months after the effective date of the rule that

first subjects a facility to provisions of this Section, the owner or operator

of a hazardous waste management facility must have a written closure plan.

Until final closure is completed and certified in accordance with Section

725.215, a copy of the most current plan must be furnished to the Agency upon

request including request by mail. In addition, for facilities without approved

plans, it must also be provided during site inspections on the day of inspection

to any officer, employee, or representative of the Agency.

Content of plan. The plan must identify the steps necessary to perform

partial or final closure of the facility at any point during its active life.

The closure plan must include the following minimal information:

A description of how each hazardous waste management unit at the facility

will be closed in accordance with Section 725.211;

A description of how final closure of the facility will be conducted in

accordance with Section 725.211. The description must identify the maximum

extent of the operation that will be unclosed during the active life of the

facility;

An estimate of the maximum inventory of hazardous wastes ever on-site over

the active life of the facility and a detailed description of the methods to be

used during partial and final closure, including, but not limited to methods for

removing, transporting, treating, storing, or disposing of all hazardous waste,

and identification of and the types of off-site hazardous waste management units

to be used, if applicable;

A detailed description of the steps needed to remove or decontaminate all

hazardous waste residues and contaminated containment system components,

equipment, structures, and soils during partial and final closure including, but

not limited to, procedures for cleaning equipment and removing contaminated

soils, methods for sampling and testing surrounding soils, and criteria for

determining the extent of decontamination necessary to satisfy the closure

performance standard;

A detailed description of other activities necessary during the partial

and final closure pe-r–i-&d–periods to ensure that all partial closures and final

closure satisfy the closure performance standards, including, but not limited

to, groundwater monitoring, leachate collection, and runon and runoff control;

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 each hazardous waste management unit and the time

required for intervening closure activities that 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 or dispose of all hazardous waste

inventory and of the time required to place a final cover must be included.);

An estimate of the expected year of final closure for facilities that use

trust funds to demonstrate financial assurance under Section 725.243 or 725.245

and whose remaining operating life is less than twenty years, and for facilities

without approved closure plans; and

8) For a facility where alternative requirements are established at a

regulated unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided

under 35 Ill. Adm. Code 703.161, either the alternative requirements applying to

the regulated unit or a reference to the enforceable document containing those

alternative requirements.

Amendment of plan. The owner or operator may amend the closure plan at

any time prior to the notification of partial or final closure of the facility.

An owner or operator with an approved closure plan must submit a written request

to the Agency to authorize a change to the approved closure plan. The written

request must include a copy of the amended closure plan for approval by the

Agency.

1)?

The owner or operator must amend the closure plan whenever any of the

following occurs:

Changes in the operating plans or facility design affect the closure plan;

B) Whenever there is a change in the expected year of closure, if applicable;

In conducting partial or final closure activities, unexpected events

require a modification of the closure plan; or

The owner or operator requests the establishment of alternative

requirements, as provided under 35 Ill. Adm. Code 703.161, to a regulated unit

under Section 725.190(f), 725.210(c), or 725.240(d).

2)?

The owner or operator must amend the closure plan 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 that has affected the closure plan. If

an unexpected event occurs during the partial or final closure period, the owner

or operator must amend the closure plan no later than 30 days after the

unexpected event. These provisions also apply to owners or operators of surface

impoundments and waste piles that intended to remove all hazardous wastes at

closure, but are required to close as landfills in accordance with Section

725.410.

3)?

An owner or operator with an approved closure plan must submit the

modified plan to the Agency at least 60 days prior to the proposed change in

facility design or operation, or no more than 60 days after an unexpected event

has occurred that has affected the closure plan. If an unexpected event has

occurred during the partial or final closure period, the owner or operator must

submit the modified plan no more than 30 days after the unexpected event. These

provisions also apply to owners or operators of surface impoundments and waste

piles that intended to remove all hazardous wastes at closure but are required

to close as landfills in accordance with Section 725.410. If the amendment to

the plan is a Class 2 or 3 modification according to the criteria in 35 Ill.

Adm. Code 703.280, the modification to the plan must be approved according to

the procedures in subsection (d)(4) of this Section.

4)?

The Agency may request modifications to the plan under the conditions

described in subsection (c) (1) of this Section. An owner or operator with an

approved closure plan must submit the modified plan within 60 days after the

request from the Agency, or within 30 days if the unexpected event occurs during

partial or final closure. If the amendment is considered a Class 2 or 3

modification according to the criteria in 35 Ill. Adm. Code 703.280, the

modification to the plan must be approved in accordance with the procedures in

subsection (d)(4) of this Section.

d)?

Notification of partial closure and final closure.

1)?

When notice is required.

The owner or operator must submit the closure plan to the Agency at least

180 days prior to the date on which the owner or operator expects to begin

closure of the first surface impoundment, waste pile, land treatment, or

landfill unit, or final closure if it involves such a unit, whichever is

earlier.

The owner or operator must submit the closure plan to the Agency at least

45 days prior to the date on which the owner or operator expects to begin

partial or final closure of a boiler or industrial furnace.

The owner or operator must submit the closure plan to the Agency at least

45 days prior to the date on which the owner or operator expects to begin final

closure of a facility with only tanks, container storage, or incinerator units.

An owner or operator with an approved closure plan must notify the Agency

in writing at least 60 days prior to the date on which the owner or operator

expects to begin closure of a surface impoundment, waste pile, landfill, or land

treatment unit, or final closure of a facility involving such a unit.

E) An owner or operator with an approved closure plan must notify the Agency

in writing at least 45 days prior to the date on which the owner or operator

expects to begin partial or final closure of a boiler or industrial furnace.

An owner or operator with an approved closure plan must 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 tanks, container storage,

or incinerator units.

The date when the owner or operator "expects to begin closure" must be

either of the following dates:

Within 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 facility has the capacity to receive additional

hazardous wastes and that 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 interim status requirements, the Agency must

approve an extension to this one-year limit; or

For units meeting the requirements of Section 725.213(d), no later than 30

days after the date on which the hazardous waste management unit receives the

known final volume of non-hazardous wastes or, if there is a reasonable

possibility that the hazardous waste management unit will receive additional

non-hazardous wastes, no later than one year after the date on which the unit

received the most recent volume of non-hazardous wastes. If the owner or

operator demonstrates to the Agency that the hazardous waste management unit has

the capacity to receive additional non-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

interim status requirements, the Agency must approve an extension to this one-

year limit.

3)?

The owner or operator must submit the closure plan to the Agency no later

than 15 days after occurrence of either of the following events:

Termination of interim status (except when a permit is issued to the

facility simultaneously with termination of interim status); or

Issuance of a judicial decree or Board order to cease receiving hazardous

wastes or to close the facility or unit.

The Agency must provide the owner or operator and the public, through a

newspaper notice, the opportunity to submit written comments on the plan and

request modifications of the plan no later than 30 days from the date of the

notice. The Agency must also, in response to a request or at its own

discretion, hold a public hearing whenever such a hearing might clarify one or

more issues concerning a closure plan. The Agency must give public notice of

the hearing at least 30 days before it occurs. (Public notice of the hearing

may be given at the same time as notice of the opportunity for the public to

submit written comments and the two notices may be combined.) The Agency must

approve, modify, or disapprove the plan within 90 days after its receipt. If

the Agency does not approve the plan, the Agency must provide the owner or

operator with a detailed written statement of reasons for the refusal, and the

owner or operator must modify the plan or submit a new plan for approval within

30 days after receiving such written statement. The Agency must approve or

modify this plan in writing within 60 days. If the Agency modifies the plan,

this modified plan becomes the approved closure plan. The Agency must assure

that the approved plan is consistent with Sections 725.211 through 725.215 and

the applicable requirements of Sections 725.190 et seq., 725.297, 725.328,

725.358, 725.380, 725.410, 725.451, 725.481, 725.504, and 721.1102 725.1102. A

copy of this modified plan with a detailed statement of reasons for the

modifications must be mailed to the owner or operator.

e)?

Removal of wastes and decontamination or dismantling of equipment.

Nothing in this Section precludes 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.

(Source: Amended at 32 Ill. Reg.?

--, effective ?

)

Section 725.213

Closure; Time Allowed for Closure

Within 90 days after receiving the final volume of hazardous wastes, or

the final volume of non-hazardous wastes, if the owner or operator complies with

all the applicable requirements of subsections (d) and (e) of this Section at a

hazardous waste management unit or facility, or 90 days after approval of the

closure plan, whichever is later, the owner or operator must treat, remove from

the unit or facility, or dispose of on-site all hazardous wastes in accordance

with the approved closure plan. The Agency must approve a longer period if the

owner or operator demonstrates the following:

1)?

The need to remain in operation by showing either of the following

conditions exists:

The activities required to comply with this subsection (a) will, of

necessity, take longer than 90 days to complete; or

All of the following conditions are true:

The hazardous waste management unit or facility has the capacity to

receive additional hazardous wastes, or has the capacity to receive non-

hazardous wastes, if the owner or operator complies with subsections (d) and (e)

of this Section;

ii)

There is a reasonable likelihood that the owner or operator, or another

person will recommence operation of the hazardous 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 interim status requirements.

b)?

The owner or operator must 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, or the final volume of non-hazardous

wastes, if the owner or operator complies with all applicable requirements of

subsections (d) and (e) of this Section at the hazardous waste management unit

or facility, or 180 days after approval of the closure plan, if that is later.

The Agency must approve an extension to the closure period if the owner or

operator demonstrates the following:

1)?

The need to remain in operation by showing either of the following

conditions exists:

The partial or final closure activities will, of necessity, take longer

than 180 days to complete; or

All of the following conditions are true:

i)?

The hazardous waste management unit or facility has the capacity to

receive additional hazardous wastes, or the final volume of non-hazardous

wastes, if the owner or operator complies with all the applicable requirements

of subsections (d) and (e) of this Section; and

ii)

There is a reasonable likelihood that the owner or operator or another

person will recommence operation of the hazardous 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 from the unclosed but not

operating hazardous waste management unit or facility, including compliance with

all applicable interim status requirements.

c)?

The demonstration referred to in subsections (a)(1) and (b)(1) of this

Section must be made as follows:

The demonstration in subsection (a)(1) of this Section must be made at

least 30 days prior to the expiration of the 90-day period in subsection (a) of

this Section; and

The demonstrations in subsection (b) (1) of this Section must be made at

least 30 days prior to the expiration of the 180-day period in subsection (b) of

this Section, unless the owner or operator is otherwise subject to deadlines in

subsection (d) of this Section.

d)?

Continued receipt of non-hazardous waste. The Agency must permit an owner

or operator to receive non-hazardous wastes in a landfill, land treatment unit

or surface impoundment unit after the final receipt of hazardous wastes at that

unit if the following are true:

1)?

The owner or operator submits an amended Part B application, or a new Part

B application if none was previously submitted, and demonstrates the following:

The unit has the existing design capacity as indicated on the Part A

application to receive non-hazardous wastes;

There is a reasonable likelihood that the owner or operator or another

person will receive non-hazardous waste in the unit within one year after the

final receipt of hazardous wastes;

The non-hazardous wastes will not be incompatible with any remaining

wastes in the unit, or with the facility design and operating requirements of

the unit or facility pursuant to this Part;

Closure of the hazardous waste management unit would be incompatible with

continued operation of the unit or facility; and

The owner or operator is operating and will continue to operate in

compliance with all applicable interim status requirements;

2)?

The Part B application includes an amended waste analysis plan,

groundwater monitoring and response program, human exposure assessment required

pursuant to 35 Ill. Adm. Code 703.186, closure and post-closure care plans,

updated cost estimates, and demonstrations of financial assurance for closure

and post-closure care, as necessary and appropriate, to reflect any changes due

to the presence of hazardous constituents in the non-hazardous wastes and

changes in closure activities, including the expected year of closure, if

applicable pursuant to Section 725.212(b)(7), as a result of the receipt of non-

hazardous wastes following the final receipt of hazardous wastes;

The Part B application is amended, as necessary and appropriate, to

account for the receipt of non-hazardous wastes following receipt of the final

volume of hazardous wastes; and

The Part B application and the demonstrations referred to in subsections

(d)(1) and (d)(2) of this Section are submitted to the Agency no later than 180

days prior to the date on which the owner or operator of the facility receives

the known final volume of hazardous wastes or no later than 90 days after this

Section applies to the facility, whichever is later.

Surface impoundments. In addition to the requirements in subsection (d)

of this Section, an owner or operator of a hazardous waste surface impoundment

that is not in compliance with the liner and leachate collection system

requirements in Section 725.321(a) must receive non-hazardous wastes only as

authorized by an adjusted standard pursuant to this subsection (e).

1)?

The petition for adjusted standard must include the following:

A plan for removing hazardous wastes; and

A contingent corrective measures plan.

2)?

The removal plan must provide for the following:

Removing all hazardous liquids;

Removing all hazardous sludges to the extent practicable without impairing

the integrity of the liner or liners, if any; and

Removal of hazardous wastes no later than 90 days after the final receipt

of hazardous wastes. The Board will allow a longer time, if the owner or

operator demonstrates the following:

That the removal of hazardous wastes will, of necessity, take longer than

the allotted period to complete; and

ii)

That an extension will not pose a threat to human health and the

environment.

3)?

The following is required of contingent corrective measures plan:

It must meet the requirements of a corrective action plan pursuant to

Section 724.199, based upon the assumption that a release has been detected from

the unit.

It may be a portion of a corrective action plan previously submitted

pursuant to Section 724.199.

It may provide for continued receipt of non-hazardous wastes at the unit

following a release only if the owner or operator demonstrates that continued

receipt of wastes will not impede corrective action.

It must provide for implementation within one year after a release, or

within one year after the grant of the adjusted standard, whichever is later.

4)?

Release. A release is a statistically significant increase (or decrease

in the case of pH) in hazardous constituents over background levels, detected in

accordance with the requirements in Subpart F of this Part.

5)?

In the event of a release, the owner or operator of the unit must perform

the following actions:

A)?

Within 35 days, the owner or operator must file with the Board a petition

for adjusted standard pursuant to Section 28.1 of the Act [415 ILCS 5/28.1] and

Subpart D of 35 Ill. Adm. Code 104. If the Board finds that it is necessary to

do so in order to adequately protect human health and the environment, the Board

will modify the adjusted standard to require the owner or operator to perform

either of the following actions:

Begin to implement the corrective measures plan in less than one year; or

ii)

Cease the receipt of wastes until the plan has been implemented.

iii) The Board will retain jurisdiction or condition the adjusted standard so

as to require the filing of a new petition to address any required closure

pursuant to subsection (e)(7) of this Section;

B)?

The owner or operator must implement the contingent corrective measures

plan; and

C)?

The owner or operator may continue to receive wastes at the unit if

authorized by the approved contingent measures plan.

6) Ccmi annual Annual report. During the period of corrective action, the

owner or operator must provide -s-em-i--annual—annual reports to the Agency that

fulfill the following requirements:

They must describe the progress of the corrective action program;

They must compile all groundwater monitoring data; and

They must evaluate the effect of the continued receipt of non-hazardous

wastes on the effectiveness of the corrective action.

7)?

Required closure. The owner or operator must commence closure of the unit

in accordance with the closure plan and the requirements of this Part if the

Board terminates the adjusted standard, or if the adjusted standard terminates

pursuant to its terms.

The Board will terminate the adjusted standard if the owner or operator

failed to implement corrective action measures in accordance with the approved

contingent corrective measures plan.

The Board will terminate the adjusted standard if the owner or operator

fails to make substantial progress in implementing the corrective measures plan

and achieving the facility's groundwater protection standard, or background

levels if the facility has not yet established a groundwater protection

standard.

The adjusted standard will automatically terminate if the owner or

operator fails to implement the removal plan.

D)?

The adjusted standard will automatically terminate if the owner or

operator fails to timely file a required petition for adjusted standard.

Adjusted standard procedures. The following procedures must be used in

granting, modifying or terminating an adjusted standard pursuant to this

subsection.

Except as otherwise provided, the owner or operator must follow the

procedures of Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill.

Adm. Code 104 to petition the Board for an adjusted standard.

B)?

Initial justification. The Board will grant an adjusted standard,

pursuant to subsection (e)(1) of this Section, if the owner or operator

demonstrates that the removal plan and contingent corrective measures plans meet

the requirements of subsections (e) (2) and (e) (3) of this Section.

C)?

The Board will include the following conditions in granting an adjusted

standard pursuant to subsection (e)(1) of this Section:

A plan for removing hazardous wastes;

ii)

A requirement that the owner or operator remove hazardous wastes in

accordance with the plan;

iii)

A contingent corrective measures plan;

iv)

A requirement that, in the event of a release, the owner or operator must,

within 35 days, file with the Board a petition for adjusted standard, implement

the corrective measures plan, and file semi-annual reports with the Agency;

A condition that the adjusted standard will terminate if the owner or

operator fails to implement the removal plan or timely file a required petition

for adjusted standard; and

vi)

A requirement that, in the event the adjusted standard is terminated, the

owner or operator must commence closure of the unit in accordance with the

requirements of the closure plan and this Part.

D)?

Justification in the event of a release. The Board will modify or

terminate the adjusted standard pursuant to a petition filed pursuant to

subsection (e) (5)(A) of this Section, as provided in that subsection or in

subsection (e) (7) of this Section.

9)?

The owner or operator may file a revised closure plan within 15 days after

an adjusted standard is terminated.

(Source: Amended at 32 Ill. Reg.

?--, effective

Section 725.215

Certification of Closure

Within 60 days after completion of closure of each hazardous waste surface

impoundment, waste pile, land treatment, and landfill unit, and within 60 days

after completion of final closure, the owner or operator must submit to the

Agency, by registered mail, a certification that the hazardous waste management

unit or facility, as applicable, has been closed in accordance with the

specifications in the approved closure plan. The certification must be signed

by the owner or operator and by an indcpcndcnt registered profess

a qualified Professional Engineer. Documentation supporting

registered professional cnginccr'sthe 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

725.243(h).

(Source: Amended at 32 Ill. Reg.

, effective ?

Section 725.220?

Certification of Completion of Post-Closure Care

No later than 60 days after the completion of the established post-closure care

period for each hazardous waste disposal unit, the owner or operator must 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 ?

0- -

eng-i-ne-e-r—a qualified Professional Engineer. Documentation supporting the

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 725.245(h).

(Source: Amended at 32 Ill. Reg.

SUBPART H: FINANCIAL REQUIREMENTS

Section 725.240

Applicability

, effective ?

The requirements of Sections 725.242, 725.243, and 725.247 through 725.250

apply to owners and operators of all hazardous waste facilities, except as

provided otherwise in this Section or in Section 725.101.

b)?

The requirements of Sections 725.244 and 725.246 725.245 apply only to

owners and operators of any of the following:

Disposal facilities;

Tank systems that are required pursuant to Section 725.297 to meet the

requirements for landfills; or

Containment buildings that are required pursuant to Section 725.1102 to

meet the requirements for landfills.

States and the federal government are exempt from the requirements of this

Subpart H.

d)?

A permit or enforceable document can contain alternative requirements that

replace all or part of the financial assurance requirements of this Subpart H

applying to a regulated unit, as provided in 35 Ill. Adm. Code 703.161, where

the Board or Agency has done the following:

The Board, by an adjusted standard granted pursuant to Section 28.1 of the

Act [415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104, has established

alternative requirements for the regulated unit established pursuant to Section

725.190(f) or Section 724.210(d); and

-----

z-.

2)?

The Board has determined that it is not necessary to apply the financial

assurance requirements of this Subpart H because the alternative financial

assurance requirements will adequately protect human health and the environment.

(Source: Amended at 32 Ill. Reg.

—, effective ?

Section 725.242

Cost Estimate for Closure

a)?

The owner or operator must have a detailed written estimate, in current

dollars, of the cost of closing the facility in accordance with the requirements

in Sections 725.211 through 725.215 and applicable closure requirements of

Sections 725.278, 725.297, 725.328, 725.358, 725.380, 725.410, 725.451, 725.481,

725.504, and 725.1102.

The estimate must equal the cost of final closure at the point in the

facility's active life when the extent and manner of its operation would make

closure the most expensive, as indicated by its closure plan (see Section

725.212(b)); and

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 that is neither a parent nor a subsidiary of the owner or operator. (See

definition of "parent corporation" in Section 725.241(d).) The owner or

operator may use costs for on-site disposal if the owner or operator

demonstrates that on-site disposal capacity will exist at all times over the

life of the facility.

3) The closure cost estimate must not incorporate any salvage value that may

be realized by the sale of hazardous wastes, or non-hazardous wastes if

applicable under Section 725.213(d), facility structures or equipment, land or

other facility assets at the time of partial or final closure.

The owner or operator must not incorporate a zero cost for hazardous

waste, or non-hazardous waste if applicable under Section 725.213(d), that may

have economic value.

b)?

During the active life of the facility, the owner or operator must adjust

the closure cost estimate for inflation within 60 days prior to the anniversary

date of the establishment of the financial instruments used to comply with

Section 725.243. For an owner or operator 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 725.243(e)(5). The

adjustment may be made by recalculating the closure cost estimate in current

dollars, or by using an inflation factor derived from the most recent 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)(1) and (b)(2) of this Section. The inflation factor is the

result of dividing the latest published annual Deflator by the Deflator for the

previous year.

The first adjustment is made by multiplying the closure cost estimate by

the inflation factor. The result is the adjusted closure cost estimate.

Subsequent adjustments are made by multiplying the latest adjusted closure

cost estimate by the latest inflation factor.

During the active life of the facility, the owner or operator must revise

the closure cost estimate no later than 30 days after a revision has been made

to the closure plan that increases the cost of closure. If the owner or

operator has an approved closure plan, the closure cost estimate must be revised

no 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 closure.

The revised closure cost estimate must be adjusted for inflation as specified in

subsection (b) of this Section.

The owner or operator must keep the following at the facility during the

operating life of the facility: the latest closure cost estimate prepared in

accordance with subsections (a) and (c) of this Section, and, when this estimate

has been adjusted in accordance with subsection (b) of this Section, the latest

adjusted closure cost estimate.

(Source: Amended at 32 Ill. Reg.

, effective ?

Section 725.243

Financial Assurance for Closure

An owner or operator of each facility must establish financial assurance for

closure of the facility. The owner or operator must choose from the options

specified in subsections (a) through (e) of this Section.

Closure trust fund.

An owner or operator may satisfy the requirements of this Section by

establishing a closure trust fund that conforms to the requirements of this

subsection and submitting an original, signed duplicate of the trust agreement

to the Agency. The trustee must be an entity that 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 as specified in 35 Ill. Adm.

Code 724.251 and the trust agreement must be accompanied by a formal

certification of acknowledgment as specified in 35 Ill. Adm. Code 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.

Payments into the trust fund must be made annually by the owner or

operator over the 20 years beginning May 19, 1981, 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:

The first payment must be made before May 19, 1981, except as provided in

subsection (a) (5) of this Section. The first payment must be at least equal to

the current closure cost estimate, except as provided in subsection (f) of this

Section, 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 pa

ment_____

Where:

CE = the current closure cost cstimatcCVestimateCV= the current value of the

trust f-uRdY–fundY=

the number of years remaining in the pay-in period.

The owner or operator may accelerate payments into the trust fund or may

deposit the full amount of the current closure cost estimate at the time the

fund is established. However, the owner or operator must 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 subsection (a)(3) of this Section.

5) If the owner or operator establishes a closure trust fund after having

used one or more alternate mechanisms specified in this Section, the owner or

operator's 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 as

specified in subsection (a)(3) of this Section.

After the pay-in period is completed, whenever the current closure cost

estimate changes, the owner or operator must 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, must 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 Section, to cover the difference.

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 Section, for all or part of the trust fund, 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 covered by the trust fund.

Within 60 days after receiving a request from the owner or operator for

release of funds as specified in subsection (a)(7) or (a)(8) of this Section,

the Agency must instruct the trustee to release to the owner or operator such

funds as the Agency specifies in writing.

10)

After beginning partial or final closure, an owner or operator or another

person authorized to conduct 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 must instruct the

trustee to make reimbursement in those 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 determines that the maximum cost of closure over the remaining life

of the facility will be significantly greater than the value of the trust fund,

it must withhold reimbursement of such amounts as it deems prudent until it

determines, in accordance with subsection (h) of this Section, 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 trustee to make such

reimbursements, the Agency must provide the owner or operator a detailed written

statement of reasons.

11)

The Agency must agree to termination of the trust when either of the

following occurs:

An owner or operator substitutes alternate financial assurance, as

specified in this Section; or

The Agency releases the owner or operator from the requirements of this

Section in accordance with subsection (h) of this Section.

b)?

Surety bond guaranteeing payment into a closure trust fund.

1)?

An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond that conforms to the requirements of this subsection (b)

and submitting the bond to the Agency. 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.

•

:P. P. • e

- -

tment f Tr cury updates Circular 570, "Companies

Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and ac

Circular 570 is available on thc Internet from thc following wcbcitc.

http://www.fmc.tr ac.gov/c570/.

2)?

The wording of the surety bond must be as specified in 35 Ill. Adm. Code

724.251.

3)?

The owner or operator that uses a surety bond to satisfy the requirements

of this Section must 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 subsection (a)

of this Section, except as follows:

An original, signed duplicate of the trust agreement must be submitted to

the Agency with the surety bond; and

Until the standby trust fund is funded pursuant to the requirements of

this Section, the following are not required by these regulations:

i) Payments into the trust fund, as specified in subsection (a);

ii)

Updating of Schedule A of the trust agreement (see 35 Ill. Adm. Code

724.251(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:

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;

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 court of

competent jurisdiction; or

Provide alternate financial assurance, as specified in this Section, 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 subsection (f) of this

Section.

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,

must 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 Section, 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.

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 evidenced 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 Section.

c)?

Closure letter of credit.

An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit that conforms to the

requirements of this subsection (c) and submitting the letter to the Agency.

The issuing institution must be an entity that has the authority to issue

letters of credit and whose letter-of-credit operations are regulated and

examined by a federal or State agency.

The wording of the letter of credit must be as specified in 35 M. Adm.

Code 724.251.

An owner or operator that uses a letter of credit to satisfy the

requirements of this Section must also establish a standby trust fund. Under

the terms of the letter of credit, all amounts paid pursuant to a draft by the

Agency must 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 the requirements of the trust fund specified in subsection (a) of

this Section, except as follows:

An original, signed duplicate of the trust agreement must be submitted to

the Agency with the letter of credit; and

Unless the standby trust fund is funded pursuant to the requirements of

this Section, the following are not required by these regulations:

i) Payments into the trust fund, as specified in subsection (a) of this

Section;

ii) Updating of Schedule A of the trust agreement (as specified in 35 Ill.

Adm. Code 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 of 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 USEPA 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 one year. The letter of credit must provide that the expiration date will

be automatically extended for a period of at least one 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 subsection (f) of this

Section.

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, must 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 Section, 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 that the

owner or operator has failed to perform final closure in accordance with the

approved closure plan 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 Section, 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 must draw on the letter of credit. The Agency may delay the drawing if

the issuing institution grants an extension of the term of the credit. During

the last 30 days of any such extension the Agency must draw on the letter of

credit if the owner or operator has failed to provide alternate financial

assurance, as specified in this Section, and obtain written approval of such

assurance from the Agency.

10)?

The Agency must return the letter of credit to the issuing institution for

termination when one of the following occurs:

A) An owner or operator substitutes alternate financial assurance, as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements of this

Section in accordance with subsection (h) of this Section.

d)?

Closure insurance.

An owner or operator may satisfy the requirements of this Section by

obtaining closure insurance that conforms to the requirements of this subsection

and submitting a certificate of such insurance to the Agency. 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.

The wording of the certificate of insurance must be as specified in 35

Ill. Adm. Code 724.251.

The closure insurance policy must be issued for a face amount at least

equal to the current closure cost estimate, except as provided in subsection (f)

of this Section. 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.

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.

After beginning partial or final closure, an owner or operator or any

other person authorized to conduct 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 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 must instruct the insurer to make reimbursement in such

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 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 must withhold reimbursement of

such amounts as it deems prudent until it determines, in accordance with

subsection (h) of this Section, that the owner or operator is no longer required

to maintain financial assurance for final closure of the particular facility.

If the Agency does not instruct the insurer to make such reimbursements, the

Agency must provide the owner or operator with a detailed written statement of

reasons.

The owner or operator must maintain the policy in full force and effect

until the Agency consents to termination of the policy by the owner or operator

as specified in subsection (d)(10) of this Section. Failure to pay the premium,

without substitution of alternate financial assurance as specified in this

Section, 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, 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, one of the following occurs:

The Agency deems the facility abandoned;

Interim status is terminated or revoked;

Closure is ordered by the Board or a court of competent jurisdiction;

The owner or operator is named as debtor in a voluntary or involuntary

proceeding under 11 USC (Bankruptcy); or

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, must either cause the face amount to be increased to an amount at

least equal to the current closure cost estimate and submit evidence of such

increase to the Agency, or obtain other financial assurance as specified in this

Section 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 must give written consent to the owner or operator that the

owner or operator may terminate the insurance policy when either of the

following occurs:

An owner or operator substitutes alternate financial assurance, as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements of this

Section in accordance with subsection (h) of this Section.

Financial test and corporate guarantee for closure.

1)?

An owner or operator may satisfy the requirements of this Section by

demonstrating that the owner or operator passes a financial test as specified in

this subsection. To pass this test the owner or operator must meet the criteria

of either subsection (e)(1)(A) or (e)(1)(B) of this Section:

A)?

The owner or operator must have all of the following:

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;

ii)

Net working capital and tangible net worth each at least six times the sum

of the current closure and post-closure cost estimates and the current plugging

and abandonment cost estimates;

iii)

Tangible net worth of at least $10 million; and

iv) Assets located in the United States amounting to at least 90 percent of

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.

B)?

The owner or operator must have all of the following:

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;

ii)

Tangible net worth at least six times the sum of the current closure and

post-closure cost estimates and the current plugging and abandonment cost

estimates;

iii) Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to at least 90 percent of

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.

The phrase "current closure and post-closure cost estimates," as used in

subsection (e)(1) of this Section, refers to the cost estimates required to be

shown in subsections 1 through 4 of the letter from the owner's or operator's

chief financial officer (see 35 Ill. Adm. Code 724.251). The phrase "current

plugging and abandonment cost estimates," as used in subsection (e)(1) of this

Section, refers to the cost estimates required to be shown in subsections 1

through 4 of the letter from the owner's or operator's chief financial officer

(see 35 Ill. Adm. Code 704.240).

3) To demonstrate that the owner or operator meets this test, the owner or

operator must submit each of the following items to the Agency:

A letter signed by the owner's or operator's chief financial officer and

worded as specified in 35 Ill. Adm. Code 724.251;

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

A special report from the owner's or operator's independent certified

public accountant to the owner or operator stating the following:

i) That the accountant has compared the data that 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, that no matters came to the

accountant's attention which caused the accountant to believe that the specified

data should be adjusted.

This subsection (e)(4) corresponds with 40 CFR 265.143(e)(4), a federal

provision relating to an extension of the time to file the proofs of financial

assurance required by this subsection (e) granted by USEPA. This statement

maintains structural consistency with the corresponding federal regulations.

After the initial submission of items specified in subsection (e)(3) of

this Section, the owner or operator must 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 subsection (e)(3) of this Section.

If the owner or operator no longer meets the requirements of subsection

(e) (1) of this Section, the owner or operator must send notice to the Agency of

intent to establish alternate financial assurance as specified in this Section.

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 must 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 subsection (e)(1) of this Section,

require reports of financial condition at any time from the owner or operator in

addition to those specified in subsection (e)(3) of this Section. If the Agency

finds, on the basis of such reports or other information, that the owner or

operator no longer meets the requirements of subsection (e)(1) of this Section,

the owner or operator must provide alternate financial assurance as specified in

this Section within 30 days after notification of such a finding.

The Agency may disallow use of this test on the basis of qualifications in

the opinion expressed by the independent certified public accountant in the

accountant's report on examination of the owner's or operator's financial

statements (see subsection (e)(3)(B) of this Section). An adverse opinion or a

disclaimer of opinion will be cause for disallowance. The Agency must evaluate

other qualifications on an individual basis. The owner or operator must provide

alternate financial assurance as specified in this Section within 30 days after

notification of the disallowance.

9)?

The owner or operator is no longer required to submit the items specified

in subsection (e)(3) of this Section when either of the following occurs:

An owner or operator substitutes alternate financial assurance, as

specified in this Section; or

The Agency releases the owner or operator from the requirements of this

Section in accordance with subsection (h) of this Section.

10) An owner or operator may meet the requirements of this Section by

obtaining a written guarantee, hereafter referred to as "corporate guarantee."

The guarantor must be the direct or higher-tier parent corporation of the owner

or operator, a firm whose parent corporation is also the parent corporation of

the owner or operator, or a firm with a "substantial business relationship" with

the owner or operator. The guarantor must meet the requirements for owners or

operators in subsections (e)(1) through (e)(8) of this Section, and must comply

with the terms of the corporate guarantee. The wording of the corporate

guarantee must be identical to the wording specified in 35 Ill. Adm. Code

724.251. The corporate guarantee must accompany the items sent to the Agency as

specified in subsection (e)(3) of this Section. One of these items must be the

letter from the guarantor's chief financial officer. If the guarantor's parent

corporation is also the parent corporation of the owner or operator, the letter

must describe the value received in consideration of the guarantee. If the

guarantor is a firm with a "substantial business relationship" with the owner or

operator, this letter must describe this substantial business relationship" and

the value received in consideration of the guarantee. The terms of the

corporate guarantee must provide the following:

A) That, 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 interim status requirements whenever required to do so, the guarantor

will do so or establish a trust fund as specified in subsection (a) of this

Section, in the name of the owner or operator.

B) That 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.

That, if the owner or operator fails to provide alternate financial

assurance as specified in this Section 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 alternate

financial assurance in the name of the owner or operator.

f) Use of multiple financial mechanisms. An owner or operator may satisfy

the requirements of this Section by establishing more than one financial

mechanism per facility. These mechanisms are limited to trust funds, surety

bonds, letters of credit, and insurance. The mechanisms must be as specified in

subsections (a) through (d) of this Section, respectively, except that it is the

combination of mechanisms, rather than the single mechanism, that 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, the owner or operator 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.

Use of a financial mechanism for multiple facilities. An owner or

operator may use a financial assurance mechanism specified in this Section to

meet the requirements of this Section for more than one facility. Evidence of

financial assurance submitted to the Agency must include a list showing, for

each facility, the USEPA 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.

h) Release of the owner or operator from the requirements of this Section.

Within 60 days after receiving certifications from the owner or operator and

a qualified Professional Engineer

that final closure has been completed in accordance with the approved closure

plan, the Agency must notify the owner or operator in writing that the owner or

operator is no longer required by this Section to maintain financial assurance

for closure of the facility, unless the Agency determines that closure has not

been in accordance with the approved closure plan. The Agency must 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.

Appeal. The following Agency actions are deemed to be permit

modifications or refusals to modify for purposes of appeal to the Board (35 Ill.

Adm. Code 702.184(e) (3)):

1) An increase in, or a refusal to decrease the amount of, a bond, letter of

credit, or insurance; or

Requiring alternate assurance upon a finding that an owner or operator or

parent corporation no longer meets a financial test.

(Source: Amended at 32 Ill. Reg.

, effective

Section 725.245

Financial Assurance for Post-Closure Monitoring and

Maintenance

An owner or operator of a facility with a hazardous waste disposal unit must

establish financial assurance for post-closure care of the disposal units. The

owner or operator must choose from the following options:

a)?

Post-closure trust fund.

An owner or operator may satisfy the requirements of this Section by

establishing a post-closure trust fund that conforms to the requirements of this

subsection and submitting an original, signed duplicate of the trust agreement

to the Agency. The trustee must be an entity that has the authority to act as a

trustee and whose trust operations are regulated and examined by a federal or

State agency.

The wording of the trust agreement must be as specified in 35 Ill. Adm.

Code 724.251 and the trust agreement must be accompanied by a formal

certification of acknowledgment (as specified in 35 Ill. Adm. Code 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 20 years beginning May 19, 1981, 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:

The first payment must have been made before May 19, 1981, except as

provided in subsection (a)(5) of this Section. The first payment must be at

least equal to the current post-closure cost estimate, except as provided in

subsection (f) of this Section, 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 =

Where:

CE = the current closure cost cotimatcCVestimateCV= the current value of the

trust fundY fundY=?

the number of years remaining in the pay-in period.

The owner or operator may accelerate payments into the trust fund or may

deposit the full amount of the current post-closure cost estimate at the time

the fund is established. However, the owner or operator must 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 subsection (a)(3) of this Section.

If the owner or operator establishes a post-closure trust fund after

having used one or more alternate mechanisms specified in this Section, the

owner or operator's 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 as specified in subsection (a)(3) of this Section.

6) After the pay-in period is completed, whenever the current post-closure

cost estimate changes during the operating life of the facility, the owner or

operator must 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, must either deposit an amount into the fund so that its value

after this deposit at least equals the amount of the current post-closure cost

estimate, or obtain other financial assurance as specified in this Section to

cover the difference.

During the operating life of the facility, if the value of the trust fund

is greater than the total amount of the current post-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 post-closure cost estimate.

If an owner or operator substitutes other financial assurance as specified

in this Section for all or part of the trust fund, owner or operator may submit

a written request to the Agency for release of the amount in excess of the

current post-closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or operator for

release of funds as specified in subsection (a)(7) or (a)(8) of this Section,

the Agency must instruct the trustee to release to the owner or operator such

funds as the Agency specifies in writing.

10) During the period of post-closure care, the Agency must approve a release

of funds if the owner or operator demonstrates to the Agency that the value of

the trust fund exceeds the remaining cost of post-closure care.

11)

An owner or operator or any other person authorized to perform post-

closure care may request reimbursement for post-closure care expenditures by

submitting itemized bills to the Agency. Within 60 days after receiving bills

for post-closure activities, the Agency must instruct the trustee to make

reimbursement in those amounts as the Agency specifies in writing if the Agency

determines that the post-closure care expenditures are in accordance with the

approved post-closure plan or otherwise justified. If the Agency does not

instruct the trustee to make such reimbursements, the Agency must provide the

owner or operator with a detailed written statement of reasons.

12)

The Agency must agree to termination of a trust when either of the

following occurs:

An owner or operator substitutes alternate financial assurance, as

specified in this Section; or

B) The Agency releases the owner or operator from the requirements of this

Section in accordance with subsection (h) of this Section.

b)?

Surety bond guaranteeing payment into a post-closure trust fund.

1) An owner or operator may satisfy the requirements of this Section by

obtaining a surety bond that conforms to the requirements of this subsection (b)

and submitting the bond to the Agency. 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.

BOARD NOTE: The U.S. Department of the Treasury updates Circular 570,

"Companies Holding Certificates of Authority as Acceptable Sureties on Federal

Bonds and as Acceptable Reinsuring Companies," on an annual basis pursuant to 31

Cl'aCRF 223.16. Circular 570 is available on the Internet from the following

website: http://www.fms.treas.gov/c570/.

The wording of the surety bond must be as specified in 35 ?

Adm. Code

724.251.

The owner or operator that uses a surety bond to satisfy the requirements

of this Section must 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 subsection (a)

of this Section, except as follows:

An original, signed duplicate of the trust agreement must be submitted to

the Agency with the surety bond; and

Until the standby trust fund is funded pursuant to the requirements of

this Section, the following are not required by these regulations:

i)?

Payments into the trust fund, as specified in subsection (a) of this

Section;

ii)

Updating of Schedule A of the trust agreement (as specified in 35 Ill.

Adm. Code 724.251) to show current post-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 perform the

following acts:

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

B) Fund the standby trust fund in an amount equal to the penal sum within 15

days after an order to begin closure is issued by the Board or a court of

competent jurisdiction; or

Provide alternate financial assurance, as specified in this Section, 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 post-closure cost estimate, except as provided in subsection (f) of this

Section.

7)?

Whenever the current post-closure cost estimate increases to an amount

greater than the penal sum, the owner or operator, within 60 days after the

increase, must either cause the penal sum to be increased to an amount at least

equal to the current post-closure cost estimate and submit evidence of such

increase to the Agency or obtain other financial assurance as specified in this

Section to cover the increase. Whenever the current post-closure cost estimate

decreases, the penal sum may be reduced to the amount of the current post-

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 evidenced 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 Section.

c)?

Post-closure letter of credit.

1)?

An owner or operator may satisfy the requirements of this Section by

obtaining an irrevocable standby letter of credit that conforms to the

requirements of this subsection (c) and submitting the letter to the Agency.

The issuing institution must be an entity that 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 as specified in 35 Ill. Adm.

Code 724.251.

3)?

An owner or operator that uses a letter of credit to satisfy the

requirements of this Section must also establish a standby trust fund. Under

the terms of the letter of credit, all amounts paid pursuant to a draft by the

Agency must 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 the requirements of the trust fund specified in subsection (a) of

this Section, except as follows:

An original, signed duplicate of the trust agreement must be submitted to

the Agency with the letter of credit; and

Unless the standby trust fund is funded pursuant to the requirements of

this Section, the following are not required by these regulations:

i) Payments into the trust fund, as specified in subsection (a) of this

Section;

ii)

Updating of Schedule A of the trust agreement (as specified in 35 Ill.

Adm. Code 724.151) to show current post-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 of 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 USEPA identification number,

name, and address of the facility, and the amount of funds assured for post-

closure care of the facility by the letter of credit.

5)?

The letter of credit must be irrevocable and issued for a period of at

least one year. The letter of credit must provide that the expiration date will

be automatically extended for a period of at least one 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 post-closure cost estimate, except as provided in subsection (f) of this

Section.

7)?

Whenever the current post-closure cost estimate increases to an amount

greater than the amount of the credit during the operating life of the facility,

the owner or operator, within 60 days after the increase, must either cause the

amount of the credit to be increased so that it at least equals the current

post-closure cost estimate and submit evidence of such increase to the Agency,

or obtain other financial assurance, as specified in this Section, to cover the

increase. Whenever the current cost estimate decreases during the operating

life of the facility, the amount of the credit may be reduced to the amount of

the current post-closure cost estimate following written approval by the Agency.

8) During the period of post-closure care, the Agency must approve a decrease

in the amount of the letter of credit if the owner or operator demonstrates to

the Agency that the amount exceeds the remaining cost of post-closure care.

9) Following a final judicial determination or Board order finding that the

owner or operator has failed to perform post-closure care in accordance with the

approved post-closure plan and other interim status requirements, the Agency may

draw on the letter of credit.

10)

If the owner or operator does not establish alternate financial assurance,

as specified in this Section, 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 the issuing institution that it has

decided not to extend the letter of credit beyond the current expiration date,

the Agency must draw on the letter of credit. The Agency may delay the drawing

if the issuing institution grants an extension of the term of the credit.

During the last 30 days after any such extension the Agency must draw on the

letter of credit if the owner or operator has failed to provide alternate

financial assurance, as specified in this Section, and obtain written approval

of such assurance from the Agency.

11)

The Agency must return the letter of credit to the issuing institution for

termination when either of the following occurs:

An owner or operator substitutes alternate financial assurance, as

specified in this Section; or

The Agency releases the owner or operator from the requirements of this

Section in accordance with subsection (h) of this Section.

d)?

Post-closure insurance.

An owner or operator may satisfy the requirements of this Section by

obtaining post-closure insurance that conforms to the requirements of this

subsection and submitting a certificate of such insurance to the Agency. 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.

The wording of the certificate of insurance must be as specified in 35

Ill. Adm. Code 724.251.

The post-closure insurance policy must be issued for a face amount at

least equal to the current post-closure estimate, except as provided in

subsection (f) of this Section. The term "face amount" means the total amount

the insurer is obligated to pay under the policy. Actual payments by the

insurers will not change the face amount, although the insurer's future

liability will be lowered by the amount of the payments.

The post-closure insurance policy must guarantee that funds will be

available to provide post-closure care of facility whenever the post-closure

period begins. The policy must also guarantee that, once post-closure care

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.