Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 727 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A RCRA STANDARDIZED PERMIT › Section 727.190 - Releases from Solid Waste Management Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability of This Section. This
			 Section applies to the owner or operator of a facility that treats or stores
			 hazardous waste under a RCRA standardized permit pursuant to Subpart J of 35
			 Ill. Adm. Code 703, except as provided in Section
			 727.100(a)(2),
			 or unless its facility already has a permit that imposes requirements for
			 corrective action pursuant to 35 Ill. Adm. Code
			 724.201.
BOARD NOTE: Subsection (a) is derived from
				40 CFR
				267.90 (2017).
b) This subsection (b) corresponds with 40
			 CFR 267.91, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
c) This subsection (c) corresponds with 40
			 CFR 267.92, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
d) This subsection (d) corresponds with 40
			 CFR 267.93, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
e) This subsection (e) corresponds with 40
			 CFR 267.94, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
f) This subsection (f) corresponds with 40
			 CFR 267.95, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
g) This subsection (g) corresponds with 40
			 CFR 267.96, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
h) This subsection (h) corresponds with 40
			 CFR 267.97, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
i) This subsection (i) corresponds with 40
			 CFR 267.98, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
j) This subsection (j) corresponds with 40
			 CFR 267.99, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
k) This subsection (k) corresponds with 40
			 CFR 267.100, which USEPA has marked "Reserved". This statement maintains
			 structural consistency with the corresponding federal rules.
l) Requirements for addressing corrective
			 action for solid waste management units.
1)
			 The facility owner or operator must institute corrective action as necessary to
			 protect human health and the environment for all releases of hazardous waste or
			 constituents from any solid waste management unit at the facility, regardless
			 of the time at which waste was placed in such unit.
2) The Agency must specify corrective action
			 in the supplemental portion of the facility owner's or operator's RCRA
			 standardized permit in accordance with this subsection (l) and Subpart S of 35
			 Ill. Adm. Code 724. The Agency must include in the supplemental portion of the
			 RCRA standardized permit schedules of compliance for corrective action (where
			 corrective action cannot be completed prior to issuance of the permit) and
			 assurances of financial responsibility for completing corrective
			 action.
3) The facility owner or
			 operator must implement corrective action beyond the facility property
			 boundary, where necessary to protect human health and the environment, unless
			 the owner or operator demonstrates to the satisfaction of the Agency that,
			 despite its best efforts, the owner or operator was unable to obtain the
			 necessary permission to undertake such actions. The owner or operator is not
			 relieved of all responsibility to clean up a release that has migrated beyond
			 the facility boundary where off-site access is denied. On-site measures to
			 address such releases will be determined on a case-by-case basis. The owner or
			 operator must provide assurances of financial responsibility for such
			 corrective action.
4) The facility
			 owner or operator of a remediation site does not have to comply with this
			 subsection (l) unless the site is part of a facility that is subject to a
			 permit for treating, storing, or disposing of hazardous wastes that are not
			 remediation wastes.