reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.206 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
				provided by Sections 39(a) and 21(d) 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
				thereunder, including periodic reports and full access to adequate records and
				the inspection of facilities, as may be necessary to assure compliance with
				this Act and with regulations and standards adopted thereunder;
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.
c) All
				permits issued after March 1, 1985 shall include the following conditions:
1) A closure plan;
2) A post-closure care plan if
				required;
3) A requirement that the
				operator notify the Agency within 30 days after receiving the final volume of
				waste;
4) A requirement that the
				operator initiate implementation of the closure plan within 30 days after the
				site receives its final volume of waste;
5) A requirement that the operator not file
				any application to modify a closure plan less than 180 days prior to receipt of
				the final volume of waste;
6) A
				requirement that the operator provide financial assurance in accordance with
				Subpart F, in an amount equal to the current cost estimate for closure and
				post-closure care;
7) A requirement
				that the operator file revised cost estimates for closure and post-closure care
				at least every two years in accordance with Subpart F.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.207 - Standards for Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall not grant any permit, except an Experimental
				  Permit under Section
				  807.203
				  unless the applicant submits adequate proof that the solid waste management
				  site:
a) will be developed, modified,
				or operated so as not to cause a violation of the Act or the Rules, or has been
				granted a variance pursuant to Title IX of the Act (Ill. Rev. Stat. 1981, ch.
				1111/2, pars. 1035 - 1038); and
b)
				conforms to the design criteria promulgated by the Agency under Section
				807.213,
				or conforms to such other criteria which the applicant demonstrates will
				achieve consistently satisfactory results; and
c) in the cae of operating permits only,
				conforms to all conditions contained in the development permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.208 - Permit No Defense

Current through Register Vol. 48, No. 28, July 12, 2024
The existence of a permit under this Part shall not
				  constitute a defense to a violation of the Act or this Part, except for
				  development, modification or operation without a permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.209 - Permit Revision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				agency shall 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
				807.205
				an application reflecting the modification requested.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.210 - Supplemental Permits

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow modification of any solid
				  waste management site, or accept any type of waste except under conditions
				  specified in a permit issued by the Agency. Development, operating and
				  experimental permits may be modified by a supplemental permit issued by the
				  Agency to allow such modifications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.211 - Transfer of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
No permit is transferable from one person to another except
				  as approved by the Agency under procedures it adopts pursuant to Section
				  807.213.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.212 - Permit Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
Violation of any permit conditions or failure to comply with
				  any rule or regulation of this Part shall be grounds for sanctions as provided
				  in the Act, including revocation of permit. Such sanctions shall be sought by
				  filing a complaint with the Board pursuant to Title VIII of the Act (Ill. Rev.
				  Stat. 1981, ch. 1111/2, pars. 1046 - 1051).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.213 - Design, Operation, and Maintenance Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may adopt procedures which set
				forth criteria for the design, operation, and maintenance of solid waste
				managment sites and other procedures the Agency deems reasonably necessary to
				perform its duties under this Part and as are consistent with Subpart C
				thereof. All such procedures shall be revised from time to time to reflect
				current engineering judgment and advances in the state of the art. Such
				procedures and revisions thereto shall not become effective until filed with
				the Administrative Code Unit of the Office of the Secretary of State pursuant
				to the Illinois Administrative Procedure Act, as amended (Ill. Rev. Stat. 1981,
				ch. 127, pars. 1001, et seq.).
b)
				Before adopting new criteria or making substantive changes to any criteria
				adopted by the Agency, the Agency shall:
1)
				publish a summary of the proposed changes in the Board Newsletter;
				and
2) provide a copy of full text
				of the proposed changes to all persons who hold Agency permits or have active
				applications pending, and any person who in writing so requests; and
3) defer adoption of the changes for 60 days
				from the date of publication to allow submission and consideration of written
				comments on the proposed changes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart B - SOLID WASTE PERMITS › Section 807.214 - Revised Cost Estimates

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				revised cost estimate is any cost estimate other than one which results from
				modification of a closure or post-closure care plan.
b) A revised cost estimate shall identify the
				operator, site and closure or post-closure care plan to which it relates, but
				need not include any additional information required pursuant to Section
				807.205.
c) A revised cost estimate is a permit
				modification application. The revised cost estimate shall be deemed
				incorporated into the permit unless the Agency takes final action on the
				revised cost estimate within 90 days after its receipt as provided by Section
				39(a) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.303 - Methods of Operation

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specifically provided by permit, the
				  following methods of operations shall be followed:
a) Unloading - all refuse shall be deposited
				into the toe of the fill or into the bottom of the trench.
b) Spreading and Compacting - as rapidly as
				refuse is deposited at the toe of the fill, all refuse shall be spread and
				compacted in layers within the cell, such layers not to exceed a depth of two
				feet.
c) Working Face - the slope
				of the working face shall be maintained at a ratio of no greater than two
				horizontal to one vertical.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.304 - Equipment, Personnel and Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
Sufficient equipment, personnel and supervision shall be
				  available at the site to ensure that operations comply with the permit and the
				  Act and the Pollution Control Board Regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.305 - Cover

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specifically provided by permit, the
				  following cover requirements shall be followed:
a) Daily Cover - a compacted layer of at
				least 6 inches of suitable material shall be placed on all exposed refuse at
				the end of each day of operation.
b) Intermediate Cover - at the end of each
				day of operation, in all but the final lift of a sanitary landfill, a compacted
				layer of at least 12 inches of suitable material shall be placed on all
				surfaces of the landfill where no additional refuse will be deposited within 60
				days.
c) Final Cover - a compacted
				layer of not less than two feet of suitable material shall be placed over the
				entire surface of each portion of the final lift not later than 60 days
				following the placement of refuse in the final lift, unless a different
				schedule has been authorized in the Operating Permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.306 - Litter

Current through Register Vol. 48, No. 28, July 12, 2024
All litter shall be collected from the sanitary landfill site
				  by the end of each working day and either placed in the fill and compacted and
				  covered that day, or stored in a covered container.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.307 - Salvaging

Current through Register Vol. 48, No. 28, July 12, 2024
a) All salvaging
				operations at a sanitary landfill site shall be conducted in a sanitary
				manner.
b) All salvaging operations
				at a sanitary landfill site shall be confined to an area remote from the
				operating face of the landfill.
c)
				Salvaging operations at a sanitary landfill site shall not interfere with, or
				otherwise delay the operation of the landfill.
d) All materials for salvaging shall be
				removed from the landfill site daily, or shall be separated by type and
				properly stored so as not to create a nuisance, vector harborage, or unsightly
				appearance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.309 - Animal Feeding

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow feeding of farm or domestic
				  animals upon the site of a sanitary landfill, or with refuse delivered to
				  sanitary landfill site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.310 - Special Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hot Waste -
				except in an emergency, no person shall cause or allow the deposit at a
				sanitary landfill site of burning material. When such material is accepted, it
				shall be deposited at a specific location at the site designated by permit for
				such purpose, and the fire shall be immediately extinguished.
b) Hazardous and liquid wastes - hazardous
				wastes or liquid wastes and sludges may be accepted at a sanitary landfill only
				if authorized by permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.311 - Open Burning

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow open burning at a sanitary
				  landfill site except in accordance with the provisions of 35 Ill. Adm. Code:
				  Subtitle B (prior to codification: Chapter 2, Part V: Open Burning), of the
				  Rules and Regulations of the Pollution Control Board (35 Ill. Adm. Code:
				  Subtitle B, Chapter I).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.312 - Air Pollution

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow operation of a sanitary
				  landfill so as to cause or threaten or allow the discharge or emission of any
				  contaminant into the environment in any State so as to cause or tend to cause
				  air pollution in Illinois, either alone or in combination with contaminants
				  from other sources, or so as to violate regulations or standards adopted by the
				  Board under the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.313 - Water Pollution

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow operation of a sanitary
				  landfill so as to cause or threaten or allow the discharge of any contaminants
				  into the environment in any State so as to cause or tend to cause water
				  pollution in Illinois, either alone or in combination with matter from other
				  sources, or so as to violate regulations or standards adopted by the Pollution
				  Control Board under the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.314 - Standard Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise authorized in writing by the Agency, no
				  person shall cause or allow the development or operation of a sanitary landfill
				  which does not provide:
a) Adequate
				shelter, sanitary facilities and emergency communications for
				employees;
b) Roads adequate to
				allow orderly operations within the site;
c) Fencing, gates, or other measures to
				control access to site;
d) Adequate
				measures for fire protection as approved by the Agency;
e) Adequate measures to monitor and control
				leachate;
f) Adequate measures to
				control dust and vectors;
g) An
				operational safety program approved by the Agency;
h) With respect to sanitary landfill sites
				for which permits are applied for following the effective date of these
				regulations, provision for concealing sanitary landfill operations from public
				view.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.315 - Protection of Waters of the State

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow the development or operation
				  of a sanitary landfill unless the applicant proves to the satisfaction of the
				  Agency that no damage or hazard will result to waters of the State because of
				  the development and operation of the sanitary landfill.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.317 - Operating Records

Current through Register Vol. 48, No. 28, July 12, 2024
Every holder of an operating permit shall submit to the
				  Agency, Division of Land Pollution Control on or before the
				  15th day of January, April, July and October the
				  water monitoring data required by permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart C - CANITARY LANDFILLS › Section 807.318 - Completion or Closure Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator of a sanitary landfill site shall monitor gas, water and
				settling at the completed site for a period of three years after the site is
				completed or closed.
b) The owner
				or operator shall take whatever remedial action is necessary to abate any gas,
				water or settling problems which appear during the three year period.
c) The owner or operator shall, upon
				completion or closure, file a detailed description of the site, including a
				plat, with the appropriate county land recording authority for the county in
				which the site is located.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.501 - Purpose, Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart contains general provisions governing closure and post-closure
				care of waste management sites. These general provisions may be supplemented by
				more specific closure and post-closure care requirements for certain types of
				waste management sites, specifically the closure and post-closure care
				requirements for sanitary landfills contained in Subpart C.
b) This Subpart requires a closure plan and,
				for some sites, a post-closure care plan. These will become permit conditions
				pursuant to Section
				807.206. Sites
				which are not required to have a permit pursuant to Section 21(d) of the Act
				are not required to prepare a closure or post-closure care plan.
c) The closure plan and post-closure care
				plan form the basis of the cost estimates and financial assurance required by
				Subpart F for disposal sites. The closure plan is also used for making the
				determination as to whether a unit is a disposal unit or indefinite storage
				unit, which must provide financial assurance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.502 - Closure Performance Standard

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the specific requirements of this Part, an
				  operator of a waste management site shall close the site in a manner
				  which:
a) Minimizes the need for
				further maintenance; and
b)
				Controls, minimizes or eliminates post-closure release of waste, waste
				constituents, leachate, contaminated rainfall, or waste decomposition products
				to the groundwater or surface waters or to the atmosphere to the extent
				necessary to prevent threats to human health or the environment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.503 - Closure Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator
				of a waste management site shall have prepared a written closure plan which
				shall be a condition of the site permit.
b) The operator of an indefinite storage unit
				shall have prepared a written contingent closure plan which shall be a
				condition of the site permit. The contingent closure plan shall be the same as
				a closure plan, except as otherwise specifically provided.
c) The closure plan shall include as a
				minimum:
1) Steps necessary for the premature
				final closure of the site at the time during its intended operating life when
				the cost of closure will be the greatest;
2) Steps necessary for the final closure of
				the site at the end of its intended operating life;
3) Steps necessary to prevent damage to the
				environment during temporary suspension of waste acceptance if the operator
				wants a permit which would allow temporary suspension of waste acceptance at
				the site without initiating final closure;
4) A description of the steps necessary to
				decontaminate equipment during closure;
5) An estimate of the year in which the cost
				of premature closure will be the greatest;
6) An estimate of the expected year of
				closure;
7) Schedules for the
				premature and final closure which shall include at a minimum:
A) Total time required to close the site;
				and
B) Time required for closure
				activities which will allow tracking of the progress of closure; and
8) A description of methods for
				compliance with all closure requirements of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.504 - Amendment of Closure Plan

Current through Register Vol. 48, No. 28, July 12, 2024
An operator of a waste management site shall file a permit
				  application including a revised closure plan upon:
a) Modification of operating plans or site
				design affecting the closure other than modifications authorized in the permit;
				or
b) Modification of the
				operations of the site which affect the closure of the site or any portion of
				the site, other than modifications authorized in the permit, which include, but
				are not limited to:
1) A temporary suspension
				of waste acceptance at the site; or
2) A reduction or increase in the rate of
				waste acceptance at the site; or
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.505 - Notice of Closure and Final Amendment to Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator of a waste management site
				shall send to the Agency a notice of closure within 30 days after the date the
				final volume of waste is received at a waste management site for treatment,
				storage or disposal.
b) The
				operator of a waste management site shall not file an application to modify the
				closure plan less than 180 days before receipt of the final volume of waste.
				Failure to timely file shall not constitute a bar to consideration of such an
				application, but may be alleged in an enforcement action pursuant to Title VIII
				of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.506 - Initiation of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator
				of a waste management site shall initiate the treatment, removal from the site
				or disposal of all wastes and waste residues other than those from indefinite
				storage units:
1) Within 30 days after receipt
				of the final volume of waste; and
2) In accordance with the closure
				plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.507 - Partial Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				requirements of Subparts E and F apply to the entire site unless the permit
				divides the site into definite areas which include one or more units, in which
				case the operator may provide separate closure and post-closure care plans and
				cost estimates for each area. In such a case the Agency shall treat each area
				as a separate site for purposes of financial assurance.
b) If a site includes a disposal unit, then
				the operator must provide financial assurance for closure of associated
				treatment and storage units, even if the site is divided into areas as provided
				in paragraph (a).
c) Post-closure
				care of areas formed by dividing a site shall continue until post-closure care
				of the entire site is completed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.508 - Certification of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				closure is completed, the operator of a waste management site shall submit to
				the Agency:
1) Plan sheets for the closed
				site; and
2) An affidavit by the
				operator and by a professional engineer that the site has been closed in
				accordance with the closure plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.509 - Use of Waste Following Closure

Current through Register Vol. 48, No. 28, July 12, 2024
After an operator initiates closure of a site the operator
				  may accept waste for disposal or for use in closure and post-closure care only
				  as authorized in the closure and post-closure care plans.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.523 - Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				operator of an disposal site shall have a written post-closure care plan which
				shall be a condition of the site permit.
b) The post-closure care plan shall include
				as a minimum a description of methods for compliance with all post-closure care
				requirements of this Part.
c) An
				operator of an indefinite storage unit shall have a written contingent
				post-closure care plan which shall include as a minimum a description of
				methods of compliance with all post-closure care requirements of this Part
				assuming the unit will be closed as a disposal unit without removal of all
				wastes and waste residues. The contingent post-closure care plan shall be the
				same as a post-closure care plan, except as otherwise specifically
				provided.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart E - CLOSURE AND POST-CLOSURE CARE › Section 807.524 - Implementation and Completion of Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator of a waste disposal site
				shall implement the post-closure care plan commencing with receipt of a
				certification of closure pursuant to Section
				807.508.
b) The operator of an indefinite storage unit
				shall implement the contingent post-closure care plan commencing with receipt
				of certification of closure pursuant to the contingent closure plan. The
				operator is not required to implement the contingent post-closure care plan if
				the Agency determines that the operator has removed all wastes and waste
				residues from the indefinite storage unit.
c) The Agency shall certify that the
				post-closure care period has ended when it determines:
1) That the post-closure care plan has been
				completed; and,
2) That the site
				will not cause future violations of the Act or this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.600 - Purpose, Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart provides procedures by which an operator of a waste disposal site
				can give "financial assurance" satisfying the requirement of Section 21.1(a) of
				the Act that the operator post with the Agency a performance bond or other
				security for the purpose of insuring closure of the site and post-closure care
				in accordance with the Act and Board rules.
b) Each operator must file a closure plan as
				part of a permit application. The operator of a disposal site or indefinite
				storage unit must also file a post-closure care plan (Sections
				807.205,
				807.503
				and
				807.523 ).
				The operator of a disposal site or indefinite storage unit must prepare a cost
				estimate of closure and post-closure care, and provide financial assurance in
				this amount (Sections
				807.601
				and
				807.620 ).
				Financial assurance shall be given through a combination of a trust agreement,
				bond guaranteeing payment, bond guaranteeing payment or performance, letter of
				credit, insurance or self-insurance (Section
				807.640
				). The cost estimate and amount of financial assurance is to be updated at
				least on a biennial basis (Section
				807.623
				).
c) This Subpart applies only to
				the non-governmental operators of disposal sites or indefinite storage units
				(Section 807.601). Whether a site is a disposal site or, alternatively, a
				treatment or storage site, depends on whether the closure plan provides for
				removal of all wastes and waste residues from the site prior to completion of
				closure. Whether a unit is an indefinite storage unit depends on the technical
				feasibility and economic reasonableness of removal of all wastes and waste
				residues prior to closure (Section
				807.104
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.601 - Requirement to Obtain Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall conduct a waste disposal operation or
				  indefinite storage operation which requires a permit under Section 21(d) of the
				  Act unless such person has provided financial assurance in accordance with this
				  Subpart.
a) The financial assurance
				requirement does not apply to the State of Illinois, its agencies and
				instiutions, or to any unit of local government; provided, however, that any
				other persons who conduct such a waste disposal operation on a site which may
				be owned or operated by such a government entity must provide financial
				assurance for closure and post-closure care of the site.
b) Financial assurance is required of all
				sites which, on or after March 1, 1985, accept waste for disposal or for
				indefinite storage.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.602 - Time for Submission of Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) For sites first receiving waste for
				disposal after March 1, 1985, the owner or operator must provide financial
				assurance before receipt of waste for disposal.
b) For sites which are required to obtain
				financial assurance as of March 1, 1985, as provided in Section
				807.601,
				financial assurance must be tendered to the Agency before March 1, 1985 in an
				amount equal to the cost estimate, which may be based on closure and
				post-closure care plans or on the formula of Section
				807.624.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.603 - Upgrading Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The operator must maintain financial assurance equal to or greater than the
				current cost estimate at all times except as provided in this
				Section.
b) The operator must
				increase the total amount of financial assurance so as to equal the current
				cost estimate within 90 days after any of the following:
1) An increase in the current cost
				estimate;
2) A decrease in the
				value of a trust fund;
3) A
				determination by the Agency that an operator no longer meets the gross revenue
				or financial test; or,
4)
				Notification by the operator that the operator intends to substitute alternate
				financial assurance for self-insurance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.604 - Release of Financial Institution

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency will agree to release a trustee, surety, insurer
				  or other financial institution when:
a) An operator substitutes alternate
				financial assurance such that the total financial assurance for the site is
				equal to or greater than the current cost estimate without counting the amounts
				to be released; or,
b) The Agency
				releases the operator from the requirements of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.605 - Application of Proceeds and Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency may sue in any court of competent jurisdiction to enforce its rights
				under financial instruments. The filing of an enforcement action before the
				Board is not a condition precedent except when this Subpart or the terms of the
				instrument so provide.
b) As
				provided in Titles VIII and IX of the Act and 35 Ill. Adm. Code 103 and 104,
				the Board may order modifications in permits to change the type or amount of
				financial assurance pursuant to an enforcement action or a variance petition.
				Also, the Board may order a closure or post-closure care plan modified, and
				order proceeds from financial assurance applied to execution of a closure or
				post-closure care plan.
c) The
				following Agency actions may be appealed as a permit denial to the Board
				pursuant to 35 Ill. Adm. Code 105 and Section 21.1(e) of the Act:
1) Refusal to accept financial assurance
				tendered by the operator.
2)
				Refusal to release the operator from the requirement to maintain financial
				assurance.
3) Refusal to release
				excess funds from a trust.
4)
				Refusal to approve a reduction in the penal sum of a bond.
5) Refusal to approve a reduction in the
				amount of a letter of credit.
6)
				Refusal to approve a reduction in the face amount of an insurance
				policy.
7) Determination that an
				operator no longer meets the gross revenue test or financial test.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.606 - Release of the Operator

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				60 days after receiving affidavits from the operator and a professional
				engineer that closure has been accomplished in accordance with the closure
				plan, the Agency will notify the operator in writing that it is no longer
				required by this Subpart to maintain financial assurance for closure of the
				particular site, unless the Agency has reason to believe that closure has not
				been in accordance with the closure plan.
b) Within 60 days after receiving affidavits
				from the operator and a professional engineer that post-closure care has been
				completed in accordance with the post-closure care plan and the requirements
				this Part, the Agency will notify the operator in writing that it is no longer
				required to maintain financial assurance for post-closure care of the site,
				unless the Agency has reason to believe that continued post-closure care is
				required pursuant to the post-closure care plan and this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.620 - Current Cost Estimate

Current through Register Vol. 48, No. 28, July 12, 2024
The current cost estimate equals:
a) The current closure cost estimate;
				plus
b) The current post-closure
				care cost estimate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.621 - Cost Estimate for Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				operator must have a written estimate of the current cost of closing the site
				in accordance with the closure plan. The cost estimate shall be a condition of
				the permit.
b) The operator must
				revise the closure cost estimate whenever a change in the closure plan
				increases the closure cost estimate.
c) The closure cost estimate must be based on
				the steps necessary for the premature final closure of the site at the time
				during its intended operating life when the cost of closure will be greatest,
				or on the steps necessary for the final closure of the site at the end of its
				intended operating life, whichever is the most expensive.
d) Assumptions:
1) The closure cost estimate must be based on
				the assumption that the Agency will contract with a third party to implement
				the closure plan.
2) The closure
				cost estimate may not be reduced by allowance for salvage value of equipment or
				waste, or for resale value of land.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.622 - Cost Estimate for Post-closure Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator of a disposal site must have
				a written estimate of the annual current cost of post-closure monitoring and
				maintenance of the site in accordance with the applicable post-closure care
				regulations of this Part. The post-closure care cost estimate is calculated by
				multiplying the annual cost estimate by the number of years of post-closure
				care required by this Part. The post-closure care cost estimate shall be a
				condition of the permit.
b) Until
				the Agency has issued a certificate of closure for the site, the operator must
				revise the post-closure care cost estimate whenever a change in the
				post-closure care plan increases the cost estimate.
c) Assumptions:
1) The post-closure cost estimate must be
				based on the assumption that the Agency will contract with a third party to
				implement the post-closure care plan;
2) The post-closure cost estimate may not be
				reduced by allowance for salvage value of equipment or waste, or for resale
				value of land.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.623 - Biennial Revision of Cost Estimate

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator must revise the current cost
				estimate at least once every two years. The revised current cost estimate must
				be filed on or before the second anniversary of the filing or last revision of
				the current cost estimate.
b) The
				operator must review the closure and post-closure care plans prior to filing a
				revised cost estimate in order to determine whether they are consistent with
				current operations and regulations. The operator must either certify that the
				plans are consistent, or must file an application reflecting new
				plans.
c) The operator must prepare
				new closure and post-closure cost estimates reflecting current prices for the
				items included in the estimates. The operator must file revised estimates even
				if the operator determines that there are no changes in the prices.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.624 - Interim Formula for Cost Estimate

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator may temporarily utilize the
				formula of this Section for preparing a cost estimate instead of preparing a
				cost estimate based on closure and post-closure care plans. No permit
				application filed after March 1, 1985 may utilize this formula. Each operator
				must file an application to modify the site permit to include closure and
				post-closure care plans and cost estimates by March 1, 1988.
b) References to closure and post-closure
				care plans in financial assurance instruments shall be construed to refer to
				the closure and post-closure care requirements of this Part and the permit for
				the site.
c) This formula may not
				be utilized in lieu of the plans and cost estimates required under 35 Ill. Reg.
				Adm. Code 724 and 725.
d) The
				following abbreviations and symbols are used in the formula:
1) AWR: Annual waste received at the site in
				cubic yards.
2) AD: Average depth
				of the landfill in feet.
3) Y:
				Years expected to lapse between cessation of application of cover by the
				operator and implementation of site clean-up by the Agency. Y is assumed to be
				three years.
4) CPA: Cost per acre
				of placing final cover, grading, seeding and venting. CPA is assumed to be
				$5000/acre.
5) A: Area requiring
				final cover in acres.
6) P:
				Fraction of final cover expected to require subsidence or erosion control each
				year. P is assumed to be 0.05.
7)
				M: Number of monitoring wells existing or required in the permit. M cannot be
				less than three.
8) CE: Cost
				estimate in dollars.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.640 - Mechanisms for Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
The operator of a waste disposal site shall utilize any of
				  the following mechanisms to give financial assurance for closure and
				  post-closure care:
a) Trust Fund
				(Section
				807.661
				);
b) Surety Bond Guaranteeing
				Payment (Section
				807.662
				);
c) Surety Bond Guaranteeing
				Performance (Section
				807.663
				);
d) Letter of Credit (Section
				807.664
				);
e) Closure Insurance (Section
				807.665 );
				or
f) Self-insurance (Section
				807.666
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.641 - Use of Multiple Financial Mechanisms

Current through Register Vol. 48, No. 28, July 12, 2024
An operator may satisfy the requirements of this Subpart by
				  establishing more than one financial mechanism per site. These mechanisms are
				  limited to trust funds, surety bonds guaranteeing payment, letters of credit
				  and insurance. The mechanisms must be as specified in Sections
				  807.661,
				  807.662,
				  807.664 and
				  807.665,
				  respectively, except that it is the combination of mechanisms, rather than the
				  single mechanism, which must provide financial assurance for an amount at least
				  equal to the current cost estimate. The operator may use any or all of the
				  mechanisms to provide for closure and post-closure care of the
				  site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.642 - Use of Financial Mechanism for Multiple Sites

Current through Register Vol. 48, No. 28, July 12, 2024
An operator may use a financial assurance mechanism specified
				  in this Subpart to meet the requirements of this Subpart for more than one
				  site. Evidence of financial assurance submitted to the Agency must include a
				  list showing, for each site, the name, address and the amount of funds 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 site. The amount of funds
				  available to the Agency must be sufficient to close and provide post-closure
				  care for all of the operator's sites. In directing funds available through the
				  mechanism for closure and post-closure care for any of the sites covered by the
				  mechanism, the Agency may direct only the amount of funds designated for that
				  site, unless the operator agrees to the use of additional funds available under
				  the mechanism.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.643 - Trust Fund for Unrelated Sites

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may establish a trust fund for the benefit of the
				  Agency which may receive funds from more than one operator for closure of
				  different sites. Such a trust fund shall operate like the trust fund specified
				  in Section
				  807.661,
				  except as follows:
a) The trustee
				shall maintain a separate account for each site and shall evaluate such
				annually as of the day of creation of the trust;
b) The trustee shall annually notify each
				operator and the Agency of the evaluation of each operator's account;
c) The trustee shall release excess funds as
				required from the account for each site;
d) The trustee shall reimburse the operator
				or other person authorized to perform closure or post-closure care only from
				the account for that site.
e) The
				Agency may direct the trustee to withhold payments only from the account for
				the site for which it has reason to believe the cost of closure and
				post-closure care will be significantly greater than the value of the account
				for that site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.644 - RCRA Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
The operator is not required to give financial assurance
				  pursuant to this Subpart if the operator demonstrates:
a) That closure and post-closure care plans
				filed pursuant to 35 Ill. Adm. Code 724 or 725 will result in closure and
				post-closure care of the site in accordance with the requirements of this Part;
				and,
b) That the operator has
				provided financial assurance adequate to provide for such closure and
				post-closure care pursuant to 35 Ill. Adm. Code 724 or 725.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.661 - Trust Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator
				may satisfy the requirements of this Subpart by establishing a trust fund which
				conforms to the requirements of this Section and submitting an original, signed
				duplicate of the trust agreement to the Agency.
b) The trustee must be an entity which has
				the authority to act as a trustee and:
1)
				Whose trust operations are regulated by the Department of Financial and
				Professional Regulation; or
2) Who
				complies with the Corporate Fiduciary Act [205 ILCS 620 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.662 - Surety Bond Guaranteeing Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An operator may satisfy the requirements of this Subpart by obtaining a surety
				bond that conforms to the requirements of this Section and submitting the bond
				to the Agency.
b) The surety
				company issuing the bond must be licensed by the Illinois Department of
				Insurance, pursuant to the Illinois Insurance Code [215 ILCS 5 ], or at a
				minimum the insurer must be licensed to transact the business of insurance, or
				approved to provide insurance as an excess or surplus lines insurer, by the
				insurance department in one or more states, and approved by the U.S. Department
				of the Treasury as an acceptable surety.
BOARD NOTE: The U.S. Department of the Treasury lists
				  acceptable sureties in its Circular 570.
c) The surety bond must be on the form
				specified in Appendix A, Illustration C.
d) Any payments made under the bond will be
				placed in the Landfill Closure and Post-Closure Fund within the State
				Treasury.
e) Conditions:
1) The bond must guarantee that the operator
				will:
A) Provide closure and post-closure care
				in accordance with the closure and post-closure care plans in the permit;
				and
B) Provide alternate financial
				assurance, as specified in this Subpart, and obtain the Agency's written
				approval of the assurance provided within 90 days after receipt by both the
				operator and the Agency of a notice from the surety that the bond will not be
				renewed for another term.