reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.702 - Application for Tire Storage Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each application for permit required under this Subpart must contain all data
				and information that is reasonably necessary for the Agency to determine
				whether the applicant and tire storage site for which the application is
				submitted will meet all of the requirements of the Act and regulations adopted
				pursuant to the Act.
b) The Agency
				shall prescribe the form on which all information required under this Part must
				be submitted.
c) All permit
				applications must be signed by the owner and the operator of the tire storage
				site or their duly authorized agents. Applications signed by agents must be
				accompanied by evidence of authority to sign the application.
d) All permit applications must be submitted
				on the form prescribed by the Agency and mailed or delivered to the address
				designated by the Agency and must be sent by registered or certified mail,
				return receipt requested.
e) An
				application for permit is not deemed filed until the Agency has received, at
				the designated address, all information, documents, and authorization, using
				the permit application form prescribed by the Agency and providing the content
				required by this Part. However, if the Agency fails to notify the applicant,
				within 45 days after the receipt of an application, that the application is
				incomplete, and of the reasons, the application shall be deemed to have been
				filed on the date received by the Agency. An applicant may deem the Agency's
				notification that the application is incomplete as a denial of the permit for
				purposes of review pursuant to Section 40 of the Act.
f) If the Agency fails to take final action
				on the application within 90 days from the filing of the application, the
				applicant may deem the permit granted on the 91st
				day after the application was filed.
g) Any applicant for a permit may waive the
				requirement that the Agency take final action within 90 days from the filing of
				the application.
h) The Agency must
				send all notices of final action by registered or certified mail, return
				receipt requested. Final action is deemed to have taken place on the date that
				the notice is mailed.
i) Decisions
				regarding permit applications may be appealed to the Board in accordance with
				Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.703 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
				provided in Sections 39(a) and 55(d-5) of the Act, the Agency may impose such
				conditions in a permit as may be necessary to accomplish the purposes of the
				Act, and as are not inconsistent with regulations promulgated by the Board,
				including periodic reports and full access to adequate records and the
				inspection of facilities, as may be necessary to ensure compliance with the Act
				and regulations and standards adopted under the Act.
b) The applicant may deem any condition
				imposed by the Agency as a denial of the permit for purposes of review pursuant
				to Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.704 - Standards for Issuance of Tire Storage Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must not issue any permit unless the applicant
				  submits adequate proof that the tire storage site either will be operated so as
				  not to cause any violation of the Act or rules adopted under the Act or has
				  been granted a variance pursuant to Title IX of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.705 - Permit No Defense

Current through Register Vol. 48, No. 28, July 12, 2024
The existence of a permit issued under this Subpart does not
				  constitute a defense to a violation of the Act or this Part, except for
				  operation without a permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.706 - Permit Revision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must revise any permit issued by it to make the permit compatible with
				any relevant new regulations adopted by the Board.
b) The permittee may request modification of
				a permit at any time by filing, pursuant to Section 848.702, an application
				reflecting the modification requested.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.708 - Permit Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
A violation of any permit condition or failure to comply with
				  any rule or regulation of this Part is grounds for sanctions as provided in the
				  Act, including revocation of permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Appendix A - Financial Assurance Forms › ILLUSTRATION A - Trust Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
TRUST
					 AGREEMENT
Click here to view
					 image
Whereas the Illinois Pollution Control Board (IPCB) has
					 established certain regulations applicable to the Grantor, requiring that an
					 owner or operator of a used or waste tire storage or disposal site provide
					 assurance that funds will be available when needed for removal of used and
					 waste tires from the site.
Whereas the Grantor has elected to establish a trust to
					 provide all or part of such financial assurance for the sites identified in
					 this Agreement, and/or to serve as a standby trust fund.
Whereas the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this Agreement, and
					 the Trustee is willing to act as trustee.
Whereas Trustee is an entity which has authority to act as
					 a trustee and whose trust operations are regulated by a state or federal
					 agency.
Now, Therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
(a) The term
				  "Grantor" means the owner or operator who enters into this Agreement and any
				  successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who
				  enters into this Agreement and any successor Trustee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Appendix A - Financial Assurance Forms › ILLUSTRATION C - Irrevocable Standby Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
Director
Illinois Environmental Protection Agency
c/o Bureau of Land #24
Financial Assurance Program
1021 North Grand Ave. East
PO Box 19276
Springfield IL 62794-9276
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of
					 Credit No. _________________________ in your favor, at the request and for the
					 account of ______________________________ up to the aggregate amount of
					 _____________________________ U.S. dollars ($ ___________ ), available upon
					 presentation of
1. your sight draft,
				  bearing reference to this letter of credit No. ___________ ; and
2. your signed statement reading as follows:
				  "I certify that the amount of the draft is payable pursuant to regulations
				  issued under authority of the Environmental Protection Act [415 ILCS 5
				  ]."
This letter of credit is effective as of
					 _______________________ and shall expire on _________________________, but such
					 expiration date shall be automatically extended for a period of
					 ________________________ on ________________________ and on each successive
					 expiration date, unless, at least 120 days before the current expiration date,
					 we notify both you and
					 ____________________________________________________________ by certified mail
					 that we have decided not to extend this letter of credit beyond the current
					 expiration date. In the event you are so notified, any unused portion of the
					 credit shall be available upon presentation of your sight draft for 120 days
					 after the date of receipt by both you and ____________________________________
					 as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in
					 compliance with the terms of this credit, we shall duly honor such draft upon
					 presentation to us, and we shall deposit the amount of the draft directly into
					 the standby trust fund of _________________ in accordance with your
					 instructions.
We certify that the wording of this letter of credit was
					 not altered or modified in any way other than as intended to complete the
					 letter of credit.
Signature
______________________________________________________________________
Name
______________________________________________________________________
Title
______________________________________________________________________
Date
______________________________________________________________________
Name and address of issuing institution
______________________________________________________________________
______________________________________________________________________
This credit is subject to
______________________________________________________________________
______________________________________________________________________
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 855.101 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The regulations
				of this Part apply to owners and operators of:
1) Hazardous waste disposal sites, including
				underground injection wells, located off the site where the waste is
				generated;
2) Hazardous waste
				disposal sites, including underground injection wells, located on the site
				where the waste is generated; and
3) Hazardous waste treatment sites which are
				located off the site where the waste is produced and are owned, controlled and
				operated by a person other than the generator of the waste.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 855.103 - Exemptions from Hazardous Waste Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Section 22.6(b)(5) of the Environmental Protection Act (the
				  Act) provides an exemption from the hazardous waste fee for sludge from a
				  publicly-owned sewage works generated in Illinois, coal mining wastes and
				  refuse generated in Illinois, bottom boiler ash, flyash and flue gas
				  desulphurization sludge from public utility electric generating facilities
				  located in Illinois and bottom boiler ash and flysash from all incinerators
				  which process solely municipal waste. This exemption is the only exemption from
				  the hazardous waste fee system. In addition, where a hazardous waste has been
				  treated at a hazardous waste treatment site at which a hazardous waste fee has
				  been paid, it shall not be subject to any other hazardous waste fee imposed by
				  subsection 22.2(b) of the Act. All other hazardous waste, no matter what the
				  source or quantity, is subject to the fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 855.104 - Existing Agency Manifest System

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency's Division of Land Pollution Control operates a
				  manifest system which is relevant to the operation of the fee system. This
				  system is established by 35 Ill. Adm. Code 809 for both hazardous and
				  non-hazardous special wastes, and by 35 Ill. Adm. Code
				  722.120 to
				  722.123 for
				  hazardous wastes. It requires that each shipment of hazardous waste (as well as
				  each shipment of non-hazardous special waste) into, out of or within the State
				  of Illinois be accompanied by a manifest. This manifest must contain the
				  authorization number (supplemental permit number, if such a permit is
				  required); the name of the generator and generator number; the name of the
				  hauler and vehicle number; the name of the disposal, treatment or storage site
				  and site number; the quantity and generic name of the hazardous (or
				  non-hazardous special) waste and the Hazardous Waste Identification Number as
				  determined under 35 Ill. Adm. Code 721. It must also be signed by the
				  generator, the hauler and the site operator. All parties and the Agency then
				  receive copies of the completed manifest.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.201 - Supplemental Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Where a supplemental permit for the disposal or treatment or
				  injection of special waste is required under 35 Ill. Adm. Code
				  807.210, the
				  Agency will determine if the waste is hazardous and subject to the fee imposed
				  by Section 22.2 of the Act. Such determination shall be made in accordance with
				  35 Ill. Adm. Code 721. If the waste is hazardous and subject to the fee, the
				  Agency will write the words, "Subject to Fee" on the supplemental permit.
				  Copies of the supplemental permit will then be mailed to the generator and the
				  site operator.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.202 - Manifests for Hazardous Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a shipment of special waste accompanied by a
				  manifest (35 Ill. Adm. Code
				  809.103 ),
				  the site operator shall, by checking the applicable supplemental permit or
				  letter of notification, determine if the waste is hazardous and subject to the
				  fee. The site operator shall then segregate all manifests for hazardous wastes
				  from the manifests accompanying all other special wastes received. Hazardous
				  waste manifest information shall be entered upon the Daily Hazardous Waste
				  Record pursuant to Section
				  855.204.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.203 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
Every site operator shall keep a record of all hazardous
				  waste received or disposed or injected at the site on forms provided by the
				  Agency. On-site hazardous waste disposal sites, including underground injection
				  wells, and hospitals, to the extent that they treat or dispose of on-site
				  hazardous hospital waste, shall keep a Quarterly Hazardous Waste Summary. All
				  other hazardous waste sites under this Part shall keep the following
				  documents:
a) Daily Hazardous Waste
				Record;
b) Monthly Hazardous Waste
				Summary;
c) Quarterly Hazardous
				Waste Summary
d) Supplemental
				Hazardous Waste Record; and
e)
				Hazardous Waste Deposited Into A Monofill Quarterly Report.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.204 - Daily Hazardous Waste Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Daily Hazardous Waste Record shall be
				maintained at the site and shall include the receipt record day, the date, the
				site number and the site name. This Record shall also list each hazardous waste
				stream received or injected on a given date. Such listing shall be by the
				supplemental permit number for the waste, if such a permit is required, or by
				individual waste stream, if a supplemental permit is not required, and shall
				include the following information:
1)
				Supplemental permit number, or description of the waste stream if such a permit
				is not required;
2) Manifest
				number, if required;
3) Generator
				number, if applicable;
4) Cubic
				Yards or Gallons Subject to Fee;
5)
				Cubic Yards or Gallons Exempt Due to Maximum Fee Paid; and
6) Whether the waste was treated or
				disposed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.205 - Monthly Hazardous Waste Summary

Current through Register Vol. 48, No. 28, July 12, 2024
The Monthly Hazardous Waste Summary shall include the site
				  number, the site name and address and the month. This summary shall list the
				  quantity of hazardous waste subject to the fee that is treated or disposed of
				  in cubic yards or gallons for each day of the month, the quantity of hazardous
				  waste exempt from fee due to maximum fee paid that is treated or disposed of in
				  cubic yards or gallons for each day of the month, and the total quantity of
				  hazardous waste treated or disposed of in cubic yards and in gallons for each
				  day of the month. The daily quantities shall then be sub-totaled and totaled
				  for the entire month. The Monthly Hazardous Waste Summary shall be maintained
				  at the site and shall be submitted to the Agency with the applicable Quarterly
				  Hazardous Waste Summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.206 - Quarterly Hazardous Waste Summary

Current through Register Vol. 48, No. 28, July 12, 2024
Every site operator shall complete a Quarterly Hazardous
				  Waste Summary, covering the three months of the preceding calendar quarter, on
				  a form provided by the Agency. The Quarterly Summary shall include the site
				  number, the site name and address, and the months in the quarter. The Quarterly
				  Summary shall also include the total quantity of hazardous waste injected at
				  underground injection wells, or received at other off-site hazardous waste
				  disposal or treatment sites, or disposed at other on-site hazardous waste
				  disposal sites, and the total amount of money to be paid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.207 - Supplemental Hazardous Waste Record

Current through Register Vol. 48, No. 28, July 12, 2024
When an error is discovered in any of the records required to
				  be kept under this Part which has resulted in an error in the amount reported
				  on the Quarterly Hazardous Waste Summary as being due to the Hazardous Waste
				  Fund, a Supplemental Hazardous Waste Record showing the relevant corrections
				  shall be completed by the site operator and submitted to the Agency, together
				  with an appropriate fee payment, where applicable. The Supplemental Hazardous
				  Waste Record shall be received by the Agency no later than the seventh day
				  following the discovery of the error. Errors not affecting the amount reported
				  as due to the Hazardous Waste Fund, including errors detected and corrected
				  prior to submission of the applicable Quarterly Hazardous Waste Summary shall
				  be noted on the next Quarterly Hazardous Waste Summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.208 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Copies of all records required to be kept under this Part
				  shall be retained by the site operator for three years and shall be made
				  available at the normal business hours of the operator for inspection and
				  photocopying by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.209 - Measurement and Conversion

Current through Register Vol. 48, No. 28, July 12, 2024
The hazardous waste fee is levied in terms of cubic yards and
				  gallons. However, hazardous waste is sometimes measured in other units. The
				  site operator is responsible for accurately converting any waste stream into
				  cubic yards or gallons.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.210 - Quarterly Submission of Fees and Records

Current through Register Vol. 48, No. 28, July 12, 2024
The Quarterly Hazardous Waste Summary, together with
				  applicable Monthly Hazardous Waste Summaries and the appropriate fee payment
				  for that quarter shall be received by the Agency no later than the fifteenth
				  day of the month following the calendar quarter (i.e., April 15, July 15,
				  October 15 and January 15). If the site operator is required under 35 Ill. Adm.
				  Code 809 and/or 35 Ill. Adm. code
				  722.120 to
				  722.123, to
				  send to the Agency copies of all hazardous waste manifests received during a
				  given month, then such hazardous waste manifests shall not accompany the
				  Quarterly Hazardous Waste Summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.211 - Quarterly Submission of Money and Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.212 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Payment shall be made by check or money order payable to the
				  Illinois Environmental Protection Agency. Such payment, together with all
				  documents required under Sections
				  855.210
				  or
				  855.207,
				  as applicable, shall be mailed to the Agency at the following address:
Fiscal Services Section #2
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P. O. Box 19276
Springfield, Illinois 62794-9276
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 855 - OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM › Subpart B - PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS AND SUBMITTING FEES AND RECORDS › Section 855.213 - Annual Report Reconcilation

Current through Register Vol. 48, No. 28, July 12, 2024
Each facility Annual Hazardous Waste Report submitted by the
				  site operator to the Agency pursuant to 35 Ill. Adm. Code
				  724.175
				  or
				  725.175
				  shall include reconciliation of the data therein with the data reported to the
				  Agency pursuant to this Part for the corresponding period. Such reconciliation
				  shall include a detailed explanation of any discrepancy.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart A - GENERAL PROVISIONS › Section 856.101 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"Act": The Environmental Protection Act (Ill. Rev. Stat.
				  1987, ch. 1111/2, pars. 1001 et seq.), as amended.
"Agency": The Environmental Protection Agency Established by
				  the Environmental Protection Act (Section 3.01 of the Act).
"Calendar Quarter": Any of the quarter portions of each
				  calendar year, commencing respectively on January 1, April 1, July 1 and
				  October 1.
"Hazardous Waste": A Waste, or combination of Wastes, which
				  because of its quantity, concentration, or physical, chemical, or infectious
				  characteristics may cause or significantly contribute to an increase in
				  mortality or an increase in serious, irreversible, or incapacitating
				  reversible, illness; or pose a substantial present or potential hazard to human
				  health or the environment when improperly treated, stored, transported, or
				  disposed of, or otherwise managed, and which has been identified, by
				  characteristics or listing, as hazardous pursuant to Section 3001 of the
				  Resource Conservation and Recovery Act of 1976, P.L. 94-580, or pursuant to
				  Board Regulations. (Section 3.15 of the Act).
"Hazardous Waste Disposal Site": A Site at which hazardous
				  waste is disposed. (Section 3.16 of the Act).
"Hazardous Waste Management Facility": A facility at which
				  hazardous waste is treated, either by incineration or otherwise, or stored,
				  either in an impoundment, pile or otherwise.
"On-Site Hazardous Waste Disposal Site": A hazardous waste
				  disposal site located on the site where such waste is produced.
"Off-Site Hazardous Waste Disposal Site": A hazardous waste
				  disposal site located off the site where such waste is produced.
"Operational Unit": A discrete functional entity receiving or
				  injecting hazardous waste, comprising all or part of a hazardous waste disposal
				  site or hazardous waste management facility and subject to the fees imposed by
				  Section 22.8 of the Act.
"Site": Any Location, Place, Tract of Land, and Facilities,
				  including but not limited to buildings, and improvements used for purposes
				  subject to regulation or control by the Environmental Protection Act or
				  Regulations Thereunder. (Section 3.43 of the Act).
"Underground Injection": The Subsurface Emplacement of Fluids
				  by well injection. (Section 3.50 of the Act).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart A - GENERAL PROVISIONS › Section 856.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations of this Part apply to fees imposed by Section
				  22.8 of the Act upon owners or operators of hazardous waste disposal sites or
				  hazardous waste management facilities comprised of 1 or more operational units
				  which:
a) Require a Resource
				Conservation and Recovery Act (RCRA) permit under Section 21(f) of the Act;
				or
b) Require an Underground
				Injection Control (UIC) permit under Section 12(g) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart A - GENERAL PROVISIONS › Section 856.103 - Relation to Other Fee Systems

Current through Register Vol. 48, No. 28, July 12, 2024
The fees collected pursuant to this Part, and the fee
				  collection procedures set forth in this Part are separate from and in addition
				  to all other fees and fee systems established by law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart B - PROCEEDINGS FOR COLLECTION OF PERMIT AND INSPECTION FEES › Section 856.201 - Notification of Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
				as otherwise provided in this Section, the Agency will, no later than January
				4, 1985, give written notification of the applicability of this Part to the
				operator of any hazardous waste disposal site or hazardous waste management
				facility determined to be subject to the requirements of this Part. Such notice
				will include:
1) The Agency's determination
				of the number and types of operational units located within the hazardous waste
				disposal site or hazardous waste management facility;
2) The annual fee, and quarterly installments
				thereof, determined by the Agency to be imposed upon the operator by operation
				of Section 22.8 of the Act;
3) The
				dates upon which quarterly fee payments are due;
4) Instructions regarding the manner of
				payment; and
5) Instructions for
				initiating dispute resolution procedures under Section
				856.203.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart B - PROCEEDINGS FOR COLLECTION OF PERMIT AND INSPECTION FEES › Section 856.202 - Changes in Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the
				number or type of operational units located within a hazardous waste disposal
				site or hazardous waste management facility is or will be changed, the operator
				of the site shall, on or before the date of such change, notify the Agency in
				writing, specifying the nature of the change of status; notification after the
				date of such change shall be deemed not timely.
b) Whenever the Agency discovers or is
				advised by the operator of a change in status (i.e., a change in the number or
				type of operational units) at a hazardous waste disposal site or hazardous
				waste management facility, the Agency will promptly determine the effect, if
				any, of such change in status upon the permit and inspection fee for the
				site.
c) If a change in status
				hereunder results in a change in the hazardous waste disposal site's or
				hazardous waste management facility's permit and inspection fee, the Agency
				will promptly notify the operator of the site in the manner specified in
				Section
				856.201(a),
				except that the notice shall additionally specify:
1) The reason for the change;
2) The date of the change;
3) The effect of such change upon the amount
				of future fee payments; and
4) The
				amount of retroactive fee increases due, if any, by operation of subsection (d)
				of this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart B - PROCEEDINGS FOR COLLECTION OF PERMIT AND INSPECTION FEES › Section 856.203 - Resolution of Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				30 days of receipt of notification from the Agency pursuant to Sections
				856.201 or
				856.202, the
				operator of a site may request, in writing, reconsideration by the Agency of
				its determination either as to the date of commencement or cessation of
				operation by any type of operational unit or as to the type of operational
				units at the site, or both; any such writing shall include all pertinent facts
				and arguments in support of the request for reconsideration. Failure to timely
				request reconsideration shall constitute waiver of all rights to object to or
				appeal from the Agency's determination.
b) Within 30 days of receipt of a request for
				reconsideration pursuant to paragraph (a) of this Section, the Agency shall
				respond in writing to the request. Such written response shall constitute final
				Agency action for purposes of the Administrative Review Law (Ill. Reg. Stat.
				1983, ch. 110, par. 3-101 et seq., as amended). Failure by the Agency to timely
				respond hereunder shall be deemed a denial of the request and shall also
				constitute final Agency action for purposes of the Administrative Review
				Law.
c) Neither the submission of a
				request for reconsideration nor an appeal from the Agency's final determination
				shall automatically stay the imposition of fees or the timely payment thereof
				in the amount established by the Agency; nothing herein shall limit the site
				operator's right to seek a stay.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart B - PROCEEDINGS FOR COLLECTION OF PERMIT AND INSPECTION FEES › Section 856.204 - Quarterly Submission of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as otherwise provided in this Section, payment of the permit and
				inspection fee monies shall be made on a quarterly basis. Such payment shall be
				received by the Agency on or before the first working day of each calendar
				quarter; however, the quarterly fee payments for the first two calendar
				quarters of 1985 shall be due on or before April 15, 1985, and July 15, 1985,
				respectively. Any owner or operator of a hazardous waste disposal site who by
				virtue of this subsection (a) is required to make two quarterly fee payments in
				the month of July, 1985, may defer one such payment for not more than 45 days
				upon written notice to the Agency received by the Agency on or before the
				original due date for that payment. The fee for facilities regulated under
				Section 22.8(b)(7) of the Act (as amended by P.A. 85-1343, effective January 1,
				1989) shall not be paid quarterly but rather shall accompany the annual report
				required by Board regulations for the calendar year for which the report
				applies.
b) Any retroactive portion
				of a fee imposed pursuant to Section
				856.201(b)
				or of a fee increase imposed pursuant to Section
				856.202(d)
				 shall be due and payable within 10 days of
				receipt of notification from the Agency pursuant to Sections
				856.201(b)
				or
				856.202(c).
c) When a hazardous waste disposal site or
				hazardous waste management facility commences operations after timely notice to
				the Agency pursuant to Section
				856.202(a),
				no portion of the annual fee shall be retroactively imposed; only those
				quarterly installments which become due following the calendar quarter in which
				operations commence shall apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 856 - PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES › Subpart B - PROCEEDINGS FOR COLLECTION OF PERMIT AND INSPECTION FEES › Section 856.205 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Payment shall be made by check or money order payable to
				  Treasurer, State of Illinois. Payment (and any notice of deferral of payment
				  under Section
				  856.204(a)
				  ) shall be mailed to the Agency at the following address:
Fiscal Services Section
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 857 - PROCEDURES FOR PAYMENT OF SPECIAL WASTE HAULING PERMIT APPLICATION FEES › Subpart A - GENERAL PROVISIONS › Section 857.101 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations of this Part apply to any person who submits
				  a Special Waste Hauling Permit Application to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 857 - PROCEDURES FOR PAYMENT OF SPECIAL WASTE HAULING PERMIT APPLICATION FEES › Subpart A - GENERAL PROVISIONS › Section 857.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All terms shall have the meanings set forth in the
				  Environmental Protection Act (Ill. Rev. Stat., 1984 Supp., ch. 1111/2, par.
				  1001 et seq., as amended), and 35 Ill. Adm. Code
				  809.103.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 857 - PROCEDURES FOR PAYMENT OF SPECIAL WASTE HAULING PERMIT APPLICATION FEES › Subpart B - PROCEDURES FOR PAYMENT OF FEES › Section 857.201 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				who submits a Special Waste Hauling Permit Application to the Agency shall
				attach or enclose with the application a certified check, cashier's check or
				money order payable to the Treasurer, State of Illinois in the amount specified
				by Section 22.2(1) of the Act. Any application which fails to include payment
				of the fee will not be accepted for review.
b) When an application is denied because it
				fails to demonstrate compliance with the requirements of the Act (Section
				22.2(1) of the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 1111/2,
				par. 1022(1)), as amended by P.A. 85-863, effective January 1, 1988) or 35 Ill.
				Adm. Code 809, any subsequent refiling of the application fee must be included
				in accordance with subsection (a) above.
c) When an application is denied because of
				incompleteness or improper filing, any fees received with the application will
				be deposited and not returned with the rejected application. In order to
				receive credit for this payment, the completed, date-stamped application must
				be resubmitted within 30 days of the date stamped on the denied
				application.
d) The application fee
				requirement set forth in subsection (a) above shall apply equally to
				applications for hauling hazardous waste and non-hazardous special
				waste.
e) Each application
				submitted for a new or renewal permit that is received after January 1, 1988,
				must be accompanied by a $250 annual fee, plus a $20 per vehicle fee, as
				required by Section 22.2(1) of the Act.
f) Applications submitted to add vehicles to
				a current, valid permit are subject to only $20 per vehicle fee.
g) A separate application is required for
				each combination of vehicle owner and Special Waste Hauler to be included under
				a single Special Waste Hauling Permit. Where the hauler seeking a Special Waste
				Hauling Permit submits such multiple applications, the $250 annual fee shall be
				levied only once, and each additional application shall be subject to only the
				$20 per vehicle fee. For example, where a Special Waste Hauler leases part of
				the fleet of vehicles from one person, leases another part of the fleet from
				another person, and owns the rest the fleet, three separate applications must
				be submitted. The first application for the annual period is subject to the
				$250 annual fee plus $20 per vehicle. The other two applications (one for each
				owner) are subject only to the $20 per vehicle fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.101 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations of this Part apply to owners and operators of
				  sanitary landfills permitted or required to be permitted by the Agency
				  topermanentlydispose of solid waste if the sanitary landfill is located off the
				  site where such waste was produced and if such sanitary landfill is owned,
				  controlled and operated by a person other than the generator of such waste
				  (Section 22.15(b) and Section 22.44(b) of the Environmental Protection Act
				  (Act)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms shall have the meanings set forth in the Environmental
				Protection Act [415 ILCS 5 ].
b)
				For the purposes of this Part, the following definitions apply:
"Motor vehicle" means every vehicle that is self-propelled
				  and any combination of vehicles that are propelled or drawn by a vehicle that
				  is self-propelled.
"Operator" means the person responsible for the overall
				  operation of a sanitary landfill.
"Owner" means a person who owns a sanitary landfill or part
				  of a sanitary landfill.
"Passenger car" means a motor vehicle designed for the
				  carrying of not more than ten persons, including a multi-purpose passenger
				  vehicle, except any motor vehicle of the Second Division as defined in Section
				  1-146 of the Illinois Vehicle Code [625 ILCS
				  5/1-146 ] and except any motorcycle or motor driven
				  cycle.
"Sanitary landfill" means a sanitary landfill to which the
				  rules of this Part are applicable.
"Solid waste" means "waste."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.103 - Exemptions from Fee System

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				fee payment provisions set forth in Subpart D shall not apply to:
1) Solid waste which is hazardous
				waste;
2) Any landfill which is
				permitted by the Agency to receive only demolition or construction debris or
				landscape waste; or
3) The
				following wastes:
A) Pollution control
				waste;
B) Wastes from recycling,
				reclamation or reuse processes which have been approved by the Agency as being
				designed to remove any contaminant from wastes so as to render such wastes
				reusable, provided that the process renders at least 50% of the waste
				reusable;
C) Non-hazardous solid
				waste that is received at a sanitary landfill and composted or recycled through
				a process permitted by the Agency; (Section 22.15(k) and Section 22.44(c) of
				the Act)
4) Wastes
				permanently disposed of at a sanitary landfill owned, controlled or operated by
				the person who generates the wastes;
5) Wastes permanently disposed of at a
				sanitary landfill located on the site where the wastes were produced.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.104 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Copies of all records required to be kept under this Part
				  shall be retained by the site operator for three years and shall be made
				  available at the site during the normal business hours of the operator for
				  inspection and photocopying by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.105 - Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) All records,
				summaries or reports submitted to the Agency as required by this Part shall be
				signed by a person responsible for preparing and reviewing such documents as
				part of his or her duties in the regular course of business.
b) Any person signing a document submitted
				under this Part shall make the following certification:
I certify that this document and all attachments were
				  prepared under my direction or supervision. Based on my inquiry of the person
				  or persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties under Section 44 of the Environmental Protection Act for
				  submitting false information, including the possibility of fine and
				  imprisonment for knowing violations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.106 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any section, subsection, sentence or clause of this Part
				  shall be adjudged unconstitutional, void, invalid or otherwise unlawful, such
				  adjudication shall not affect the validity of this Part as a whole or any
				  section, subsection, sentence or clause thereof not adjudged unconstitutional,
				  void, invalid or otherwise unlawful.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart A - GENERAL PROVISIONS › Section 858.107 - Landfills Maintaining Records under Subparts B and C

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 22.15 and Section 22.44 of the Act, for a
				  sanitary landfill receiving less than 150,000 cubic yards per calendar year,
				  the fees are intended to be based on cubic yards of waste received instead of
				  the quantity (weight) of waste weighed. For sanitary landfills that weigh the
				  quantity of waste received but are unsure of whether they will receive more
				  than 150,000 cubic yards in a calendar year, the Agency advises that records be
				  maintained in accordance with both Subparts B and C. Unless records are
				  maintained under Subpart C, a landfill weighing the quantity of waste received
				  will not be able to take advantage of the lower rates available for sanitary
				  landfills receiving less than 150,000 cubic yards per calendar year. In
				  addition, for those landfills receiving more than 150,000 cubic yards per
				  calendar year, unless records are maintained under both Subparts B and C, there
				  will be no means by which to determine which of the two rates yields the lower
				  net fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.201 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Subpart apply to sanitary landfills
				  where the owner or operator weighs the quantity of solid waste received with a
				  device for which certification has been obtained under the Weights and Measures
				  Act [225 ILCS 470 ] (Section 22.15(b)(1) and Section 22.44(b)(1) of the
				  Act).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.202 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator of
				a sanitary landfill shall keep a record of solid waste received at the
				landfill. The operator shall keep the following records:
1) Daily Solid Waste Record;
2) Monthly Solid Waste Record; and
3) Quarterly Solid Waste Summary.