reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.289 - Closure of a Class V Injection Well

Current through Register Vol. 48, No. 28, July 12, 2024
The following describes the requirements for closing or
				  converting a Class V injection well:
a) Closure
1) Prior to closing a Class V large-capacity
				cesspool or motor vehicle waste disposal well, the owner or operator must plug
				or otherwise close the well in a manner that complies with the prohibition of
				fluid movement set forth in Section
				704.122
				and summarized in Section
				704.282(a).
				The owner or operator must also dispose of or otherwise manage any soil,
				gravel, sludge, liquids, or other materials removed from or adjacent to the
				well in accordance with all applicable federal, State, and local regulations
				and requirements, as described in Section
				704.282(b).
2) Closure does not mean that the owner or
				operator needs to cease operations at its facility, only that the owner or
				operator needs to close its well. A number of alternatives are available for
				disposing of waste fluids. Examples of alternatives that may be available to
				motor vehicle stations include the following: recycling and reusing wastewater
				as much as possible; collecting and recycling petroleum-based fluids, coolants,
				and battery acids drained from vehicles; washing parts in a self-contained,
				recirculating solvent sink, with spent solvents being recovered and replaced by
				the supplier; using absorbents to clean up minor leaks and spills, and placing
				the used materials in approved waste containers and disposing of them properly;
				using a wet vacuum or mop to pick up accumulated rain or snow melt, and if
				allowed, connecting floor drains to a municipal sewer system or holding tank,
				and if allowed, disposing of the holding tank contents through a publicly owned
				treatment works (POTW). The owner or operator should check with the POTW that
				it might use to see if the POTW would accept the owner's or operator's wastes.
				Alternatives that may be available to owners and operators of a large-capacity
				cesspool include the following: conversion to a septic system; connection to a
				sewer; or installation of an on-site treatment unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart A - GENERAL PROVISIONS › Section 705.101 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part sets forth procedures that the Illinois Environmental Protection
				Agency (Agency) must follow in issuing RCRA (Resource Conservation and Recovery
				Act) and UIC (Underground Injection Control) permits. This Part also specifies
				rules on effective dates of permits and stays of contested permit
				conditions.
b) This Part provides
				for a public comment period and a hearing in some cases. The permit applicant
				and any other participants must raise issues during this proceeding to preserve
				issues for effective Board review, as required by Section
				705.183.
c) Board review of permit issuance or denial
				is pursuant to 35 Ill. Adm. Code 105. Board review is restricted to the record
				that was before the Agency when the permit was issued, as required by Sections
				40(a) and 40(b) of the Environmental Protection Act.
d) The provisions of 35 Ill. Adm. Code 702,
				703, and 704 contain rules on UIC and RCRA permit applications, permit
				conditions, and related matters.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart A - GENERAL PROVISIONS › Section 705.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions in 35 Ill. Adm. Code 702 apply to this
				  Part.
BOARD NOTE: Derived from
				  40
				  CFR
				  124.2(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart A - GENERAL PROVISIONS › Section 705.103 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
Any time period allowance schedule or requirement provided
				  under this Part must be computed in accordance with 35 Ill. Adm. Code
				  101.300.
BOARD NOTE: This Section corresponds with
				  40 CFR
				  124.20(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart A - GENERAL PROVISIONS › Section 705.104 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
The filing of any document pursuant to any provision of this
				  Part as an electronic document is subject to 35 Ill. Adm. Code
				  720.104.
BOARD NOTE: Derived from 40 CFR 3 and
				  145.11(a)(33),
				  as added, and
				  40 CFR
				  271.10(b),
				  271.11(b),
				  and
				  271.12(h)
				  (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.121 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person who requires a permit under the RCRA (Resource Conservation and Recovery
				Act) or UIC (Underground Injection Control) program must complete, sign and
				submit to the Agency an application for each permit required under 35 Ill. Adm.
				Code
				703.121
				or 35 Ill. Adm. Code
				704.101
				through
				704.105,
				as appropriate. An application will not be required for a RCRA permit by rule
				under 35 Ill. Adm. Code
				703.141. An
				application will not be required for underground injection authorized by rule
				under Subpart C of 35 Ill. Adm. Code 704.
b) The Agency must not begin the processing
				of a permit until the applicant has fully complied with the application
				requirements applicable to that type of permit.
c) Permit applications must comply with the
				signature and certification requirements of 35 Ill. Adm. Code
				702.126.
BOARD NOTE: Derived from
				  40 CFR
				  124.3(a)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.122 - Completeness

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must
				review every application for a RCRA or UIC permit for completeness.
b) Time limitations on Agency review for
				application completeness:
1) Each application
				for a permit submitted by a new HWM (hazardous waste management) facility or
				new UIC injection well must be reviewed for completeness within 30 days of its
				receipt.
2) Each application for a
				permit by an existing HWM facility (both Parts A and B of the application) or
				existing injection well must be reviewed for completeness within 60 days of
				receipt.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.123 - Incomplete Applications

Current through Register Vol. 48, No. 28, July 12, 2024
If an applicant fails or refuses to correct Agency-noted
				  deficiencies in its permit application, the Agency may either deny or issue the
				  permit on the basis of the information available to the Agency; if warranted,
				  appropriate enforcement actions may be taken.
BOARD NOTE: Derived from
				  40 CFR
				  124.3(d)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.124 - Site Visit

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency decides, pursuant to Section 4(d) of the Act,
				  that a site visit is necessary for any reason in conjunction with the
				  processing of an application, the Agency must notify the applicant, and the
				  Agency and the applicant must schedule a site visit.
BOARD NOTE: Derived from
				  40 CFR
				  124.3(e)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.125 - Effective Date

Current through Register Vol. 48, No. 28, July 12, 2024
The effective date of a permit application is the date on
				  which the Agency notifies the applicant that the application is complete, as
				  provided in Section
				  705.122.
BOARD NOTE: Derived from
				  40 CFR
				  124.3(f)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.126 - Decision Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
For each permit application from a major new HWM facility or
				  major new UIC injection well, the Agency must, no later than the effective date
				  of the application, prepare and mail to the applicant a projected decision
				  schedule. The schedule must specify target dates by which the Agency intends to
				  do the following:
a) Prepare a draft
				permit pursuant to Subpart C;
b)
				Give public notice pursuant to Subpart D;
c) Complete the public comment period,
				including any public hearing pursuant to Subpart E; and
d) Issue a final permit pursuant to Subpart
				F.
BOARD NOTE: Derived from
					 40 CFR
					 124.3(g)
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.127 - Consolidation of Permit Processing

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever a facility or activity requires more than one permit
				  under more than one Part of the Board's rules and regulations, the Agency may,
				  in its discretion and consistent the individual requirements for each permit,
				  consolidate the processing of those permit applications in accordance with
				  Agency procedures.
BOARD NOTE: Derived from
				  40 CFR
				  124.4(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart B - PERMIT APPLICATIONS › Section 705.128 - Modification or Reissuance of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may modify or reissue a permit
				either at the request of any interested person (including the permittee) or on
				its own initiative. However, the Agency may only modify or reissue a permit for
				the reasons specified in 35 Ill. Adm. Code
				704.261 through
				704.263(UIC)
				or 35 Ill. Adm. Code
				703.270 through
				703.273(RCRA).
				A request for permit modification or reissuance must be made in writing, must
				be addressed to the Agency (Division of Land Pollution Control), and must
				contain facts or reasons supporting the request.
b) If the Agency determines that a request
				for modification or reissuance is not justified, it must send the requester a
				brief written response giving a reason for the determination. A denial of a
				request for modification or reissuance is not subject to public notice,
				comment, or public hearing requirements. The requester may appeal a denial of a
				request to modify or reissue a permit to the Board pursuant to 35 Ill. Adm.
				Code 105.
c) Agency Modification or
				Reissuance Procedures
1) If the Agency
				tentatively decides to initiate steps to modify or reissue a permit pursuant to
				this Section and 35 Ill. Adm. Code
				704.261 through
				704.263 or 35 Ill.
				Adm. Code
				703.270 through
				703.273 (other
				than 35 Ill. Adm. Code
				703.272(c)
				), after giving public notice pursuant to Section
				705.161(a)(1),
				as though an application had been received, it must prepare a draft permit
				pursuant to Section
				705.141
				incorporating the proposed changes. The Agency may request additional
				information and may require the submission of an updated permit application.
				For reissued permits, other than those reissued under 35 Ill. Adm. Code
				703.272(c),
				the Agency must require the submission of a new application. For permits
				reissued under 35 Ill. Adm. Code
				703.272(c),
				the Agency and the permittee must comply with the appropriate requirements in
				Subpart G of 35 Ill. Adm. Code 705.
2) In a permit modification proceeding
				pursuant to this Section, only those conditions to be modified must be reopened
				when a new draft permit is prepared. When a permit is to be reissued pursuant
				to this Section, the entire permit is reopened just as if it had expired.
				During any reissuance proceeding, including any appeal to the Board, the
				permittee must comply with all conditions of its existing permit until a new
				final permit is reissued.
3) "Minor
				modifications", as defined in 35 Ill. Adm. Code
				704.264, and
				"Class 1 and 2 modifications", as defined in 35 Ill. Adm. Code
				703.281 and
				703.282,
				are not subject to this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart C - APPLICATION REVIEW › Section 705.141 - Draft Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Once an application for permit is complete, the Agency must tentatively decide
				whether to prepare a draft permit or to deny the application.
b) If the Agency tentatively decides to deny
				the permit application, it must issue a notice of intent to deny. A notice of
				intent to deny must be subject to all of the procedural requirements applicable
				to draft permits under subsection (d). If the Agency's final decision made
				pursuant to Section
				705.201 is
				that the tentative decision to deny the permit application was incorrect, it
				must withdraw the notice of intent to deny and proceed to prepare a draft
				permit under subsection (c).
c) If
				the Agency decides to prepare a draft permit, it must prepare a draft permit
				that contains the following information:
1)
				All conditions under 35 Ill. Adm. Code
				702.140
				through
				702.152
				and 35 Ill. Adm. Code
				702.160;
2) All compliance schedules under 35 Ill.
				Adm. Code
				702.162
				and
				702.163;
3) All monitoring requirements under 35 Ill.
				Adm. Code
				702.164;
				and
4) The following
				program-specific permit conditions:
A) For
				RCRA permits, standards for treatment, storage, or disposal and other permit
				conditions under Subpart F of 35 Ill. Adm. Code 703;
B) For UIC permits, permit conditions under
				Subpart E of 35 Ill. Adm. Code 704.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart C - APPLICATION REVIEW › Section 705.142 - Statement of Basis

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must prepare a statement of basis for every draft
				  permit or notice of intent to deny for which a fact sheet under Section
				  705.143 is
				  not prepared. The statement of basis must briefly describe the derivation of
				  the conditions of the draft permit and the reasons for them or, in the case of
				  notices of intent to deny, reasons supporting the tentative decision. The
				  statement of basis must be sent to the applicant and to any other person who
				  requests it.
BOARD NOTE: Derived from
				  40 CFR
				  124.7(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart C - APPLICATION REVIEW › Section 705.143 - Fact Sheet

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				fact sheet must be prepared for every draft permit for a major HWM or a major
				UIC facility or activity, and for every draft permit or notice of intent to
				deny that the Agency finds is the subject of widespread public interest or
				raises major issues. The fact sheet must briefly set forth the principal facts
				and the significant factual, legal, methodological, and policy questions
				considered in preparing the draft permit. The Agency must send this fact sheet
				to the applicant and, on request, to any other person.
b) The fact sheet must include the following,
				when applicable:
1) A brief description of
				the type of facility or activity that is the subject of the draft
				permit;
2) The type and quantity of
				wastes, fluids or pollutants that are proposed to be or are being treated,
				stored, disposed of, injected, emitted, or discharged;
3) A brief summary of the basis for refusing
				to grant a permit or for imposing each draft permit condition including
				references to applicable statutory or regulatory provisions and appropriate
				supporting references to the administrative record as defined by Section
				705.144;
4) Reasons why any requested schedules of
				compliance or other alternatives to required standards do or do not appear
				justified;
5) A description of the
				procedures for reaching a final decision on the draft permit including the
				following:
A) The beginning and ending dates
				of the comment period pursuant to Subpart D, and the address where comments
				will be received;
B) Procedures for
				requesting a hearing, and the nature of that hearing; and
C) Any other procedures by which the public
				may participate in the final decision.
6) The name and telephone number of a person
				to contact for additional information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart C - APPLICATION REVIEW › Section 705.144 - Administrative Record for Draft Permits or Notices of Intent to Deny

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions
				of a draft permit or notice of intent to deny the application must be based on
				the administrative record, as defined in this Section.
b) The administrative record must consist of
				the following:
1) The application and any
				supporting data furnished by the applicant;
2) The draft permit or notice of intent to
				deny the application;
3) The
				statement of basis, as provided in Section
				705.142, or
				fact sheet, as provided in Section
				705.143;
4) All documents cited in the statement of
				basis or fact sheet;
5) Other
				documents contained in the supporting file for the draft permit or notice of
				intent to deny; and
6) An index of
				all documents or items included in the record, by location in the
				record.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart D - PUBLIC NOTICE › Section 705.161 - When Public Notice Must Be Given

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must give public notice
				whenever any of the following actions have occurred:
1) A permit application has been tentatively
				denied under Section
				705.141(b);
2) A draft permit has been prepared under
				Section
				705.141(c);
				and
3) A hearing has been scheduled
				under Section
				705.182.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart D - PUBLIC NOTICE › Section 705.162 - Timing of Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Public notice of the preparation of a draft permit (including a notice of
				intent to deny a permit application) required under Section
				705.161
				must allow time for public comment, as follows:
1) For UIC permits, at least 30 days ;
				or
2) For RCRA permits, at least 45
				days.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart D - PUBLIC NOTICE › Section 705.163 - Methods of Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Public notice of activities described in Section
				  705.161(a)
				   must be given by the following
				  methods:
a) By mailing a copy of a
				notice to the following persons (any person otherwise entitled to receive
				notice under this paragraph may waive his or her rights to receive notice for
				any classes and categories of permits):
1)
				The applicant.
2) Any other agency
				or entity that the Agency knows is required by State or federal law to review
				or approve issuance of a RCRA or UIC permit for the same facility or activity
				(including USEPA, other Federal and State agencies with jurisdiction over
				waterways, wildlife or other natural resources, and other appropriate
				government authorities, including other affected States and units of local
				government).
3) Federal and State
				agencies with jurisdiction over fish, shellfish and wildlife resources and over
				coastal zone management plans, the Advisory Council on Historical Preservation,
				State Historic Preservation Officers, and other appropriate government
				authorities, including any affected States.
4) Persons on a mailing list developed by
				doing as follows:
A) Including those who
				request in writing to be on the list;
B) Including participants in past permit
				proceedings in that area; and
C)
				Notifying the public of the opportunity to be put on the mailing list through
				periodic publication in the public press and in governmental
				publications.
D) The Agency may
				update the mailing list from time to time by requesting written indication of
				continued interest from those listed. The Agency may delete from the list the
				name of any person who fails to respond to such a request.
5) For RCRA permits only to the following
				entities:
A) To any unit of local government
				having jurisdiction over the area where the facility is proposed to be located;
				and
B) To each State agency having
				any authority under State law with respect to the construction or operation of
				such facility.
6) For
				Class I injection well UIC permits only, to the Illinois Department of Natural
				Resources, Office of Mines and Minerals.
7) For a Class VI injection well, mailing or
				e-mailing a notice to the Illinois Department of Natural Resources, Office of
				Mines and Minerals, Division of Gas and Oil and to the Agency, Divisions of
				Public Water Supply and Land Pollution Control.
8) Any other person or entity that the Agency
				has reason to believe would be particularly interested in or affected by the
				proposed action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart D - PUBLIC NOTICE › Section 705.164 - Contents of Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				public notices issued under this Part must contain the following minimum
				information:
1) The name and address of the
				Agency;
2) The name and address of
				the permittee or permit applicant and, if different, the name and address of
				the facility or activity regulated by the permit;
3) A brief description of the business
				conducted at the facility or the activity described in the permit application
				or the draft permit;
4) The name,
				address, and telephone number of a person from whom interested persons may
				obtain further information, including copies of the draft permit; a copy of the
				statement of basis or fact sheet; and a copy of the permit
				application;
5) A brief description
				of the comment procedures required by Sections
				705.181
				and
				705.182; the time
				and place of any hearing that will be held, including a statement of the
				procedures to request a hearing (unless a hearing has already been scheduled);
				and the other procedures by which the public may participate in the final
				permit decision;
6) The location of
				the administrative record required by Section
				705.144,
				the time at which the record will be open for public inspection, and a
				statement that all data submitted by the applicant is available as part of the
				administrative record; and
7) Any
				additional information that the Agency considers necessary or
				appropriate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart D - PUBLIC NOTICE › Section 705.165 - Distribution of Other Materials

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the general public notice described in Section
				  705.163(a),
				  all persons identified in Section
				  705.163(a)
				  must be mailed a copy of the fact sheet or statement of basis, the permit
				  application (if any), and the draft permit (if any).
BOARD NOTE: Derived from
				  40 CFR
				  124.10(e)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart E - PUBLIC COMMENT › Section 705.181 - Public Comments and Requests for Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
During the public comment period provided under Subpart D,
				  any interested person may submit written comments on the draft permit to the
				  Agency, and any interested person may request a public hearing. A request for a
				  public hearing must be in writing and must state the nature of the issues
				  proposed to be raised in the hearing. The Agency must consider all comments in
				  making the final decision and must answer, as provided in Section
				  705.210.
BOARD NOTE: Derived from
					 40 CFR
					 124.11
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart E - PUBLIC COMMENT › Section 705.182 - Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Agency Holds Public Hearings
1) The
				Agency must hold a public hearing whenever it finds a significant degree of
				public interest in a draft permit on the basis of requests.
2) The Agency may also hold a public hearing
				at its discretion, whenever such a hearing might clarify one or more issues
				involved in the permit decision.
3)
				For RCRA permits only the following additional requirements apply:
A) The Agency must hold a public hearing
				whenever it receives written notice of opposition to a draft permit and a
				request for a hearing within 45 days of public notice under Section
				705.162(a);
B) Whenever possible, the Agency must
				schedule the hearing at a location convenient to the population center nearest
				to the proposed facility.
4) Public notice of the hearing must be given
				as specified in Section 705.162.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart E - PUBLIC COMMENT › Section 705.183 - Obligation to Raise Issues and Provide Information

Current through Register Vol. 48, No. 28, July 12, 2024
All persons, including applicants, who believe any condition
				  of a draft permit is inappropriate, or that the Agency's tentative decision to
				  deny an application or prepare a draft permit is inappropriate, must raise all
				  reasonably ascertainable issues and submit all reasonably available arguments
				  and factual grounds supporting their position, including all supporting
				  material, by the close of the public comment period (including any public
				  hearing) under Subpart D. All supporting materials must be included in full and
				  may not be incorporated by reference, unless they are already part of the
				  administrative record in the same proceeding, or they consist of state or
				  federal statutes and regulations, documents of general applicability, or other
				  generally available reference materials. Commenters must make supporting
				  material not already included in the administrative record available to the
				  Agency, as directed by the Agency. The Agency must extend the public comment
				  period by an appropriate time if a commenter demonstrates that the additional
				  time is necessary to submit supporting materials under this
				  Section.
BOARD NOTE: Derived from
					 40
					 CFR 124.13
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart E - PUBLIC COMMENT › Section 705.184 - Reopening of Public Comment Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may reopen the public comment
				period under this Section if doing so could expedite the decisionmaking
				process.
1) If the public comment period is
				reopened under this subsection (a), any person, including the applicant, who
				believes any condition of a draft permit is inappropriate or that the Agency's
				tentative decision to deny an application or prepare a draft permit is
				inappropriate, must submit all reasonably available factual grounds supporting
				their position, including all supporting material, before a date, not less than
				60 days after public notice given under subsection (a)(2), set by the Agency.
				Thereafter, any person may file a written response to the material filed by any
				other person, by a date, not less than 20 days after the date set for filing of
				the material (as set forth in the preceding sentence), set by the
				Agency.
2) Public notice of any
				comment period under this subsection (a) must identify the issues to which the
				requirements of this subsection (a) will apply.
3) On its own motion or on the request of any
				person, the Agency may direct that the requirements of subsection (a)(1) will
				apply during the initial public comment period where the Agency determines that
				issuance of the permit will be contested and that applying the requirements of
				subsection (a)(1) will substantially expedite the decisionmaking process. The
				notice of the draft permit must state whenever this has been done.
4) A comment period of longer than 60 days
				may be necessary in complicated proceedings to give commenters a reasonable
				opportunity to comply with the requirements of this Section. A commenter may
				request a longer comment period, and one must be granted under Subpart D to the
				extent that the Agency determines that a longer comment period is
				necessary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart F - PERMIT ISSUANCE › Section 705.201 - Final Permit Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After the close of the public comment period under Subpart D or Section
				705.182, the
				Agency must issue a final permit decision.
b) A final permit decision must consist of
				either of the following:
1) A letter of
				denial that includes each of the following:
A)
				The Sections of the appropriate Act that may be violated if the permit were
				granted;
B) The provisions of Board
				regulations that may be violated if the permit were granted;
C) The specific type of information, if any,
				that the Agency deems the applicant did not provide with its application;
				and
D) A statement of specific
				reasons why the Act and the regulations might not be met if the permit were
				granted; or
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart F - PERMIT ISSUANCE › Section 705.202 - Stay of Permit Conditions upon Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
An appeal pursuant to Section
				  705.212
				  has the following effect on permit conditions:
a) If a timely application was filed for
				renewal of an existing permit, the existing permit and all its conditions
				continue to apply during the pendency of the appeal of the renewal permit
				application, unless the Board orders otherwise.
b) If an application was filed for renewal of
				an existing permit after the expiration date of the existing permit, the effect
				of the new permit and all its conditions are stayed pending the outcome of the
				appeal, and the facility is without a permit during that time, unless the Board
				orders otherwise.
c) If an
				application was filed for a permit for a new facility, the effect of the new
				permit and all its conditions are stayed pending the outcome of the
				appeal.
d) Contested permit
				conditions and all permit conditions that are not separable from contested
				permit conditions are stayed during the pendency of the appeal. The Board may
				issue an order that identifies the conditions in a permit that are inseparable
				from contested permit conditions. Where the Board has issued an order that says
				some but not all the conditions of a new permit during the pendency of an
				appeal, compliance is required with those conditions of the existing permit
				that correspond with the stayed conditions of the new permit, unless compliance
				with the existing conditions is technologically incompatible with the
				conditions of the new permit that are not stayed.
BOARD NOTE: Derived from
				  40 CFR
				  124.16(2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart F - PERMIT ISSUANCE › Section 705.210 - Agency Response to Comments

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the time that any final permit decision
				is issued under Section
				705.201,
				the Agency must issue a response to comments. This response must do the
				following:
1) It must specify which
				provisions, if any, of the draft permit have been changed in the final permit
				decision, and the reasons for the change; and
2) It must briefly describe and respond to
				all significant comments on the draft permit raised during the public comment
				period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart F - PERMIT ISSUANCE › Section 705.211 - Administrative Record for Final Permits or Letters of Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must base final permit
				decisions under Section
				705.201 on
				the administrative record defined in this Section.
b) The administrative record for any final
				permit or letter of denial must consist of the administrative record for the
				draft permit together with the following:
1)
				All comments received during the public comment period provided under Subpart D
				(including any extension or reopening under Section
				705.184
				);
2) The tape or transcript of any
				hearing held under Section
				705.182;
3) Any written materials submitted at such a
				hearing;
4) The response to
				comments required by Section
				705.210
				and any new material placed in the record under that Section;
5) Other documents contained in the
				supporting file for the permit; and
6) The final permit or letter of
				denial.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart F - PERMIT ISSUANCE › Section 705.212 - Appeal of Agency Permit Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 35
				days after a RCRA or UIC final permit decision notification has been issued
				under Section 705.201, the following persons may petition the Board to review
				any condition of the permit decision:
1) The
				permit applicant; and
2) Any person
				who filed comments on the draft permit or who participated in the public
				hearing on the draft permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart G - PROCEDURE FOR RCRA STANDARDIZED PERMIT › Section 705.300 - General Information About RCRA Standardized Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) RCRA Standardized Permit. A RCRA
				standardized permit is a special form of RCRA permit that may consist of two
				parts: a uniform portion that the Agency issues in all cases, and a
				supplemental portion that the Agency issues on a case-by-case basis at its
				discretion. The term "RCRA standardized permit" is defined in 35 Ill. Adm. Code
				702.110.
1) The Uniform Portion. The uniform portion
				of a RCRA standardized permit consists of terms and conditions, relevant to the
				units operated at a facility, that appear in 35 Ill. Adm. Code 727 (Standards
				for Owners and Operators of Hazardous Waste Facilities Operating under a RCRA
				Standardized Permit). If an owner or operator intends to operate under the RCRA
				standardized permit, it must comply with the nationally applicable terms and
				conditions of 35 Ill. Adm. Code 727.
2) The Supplemental Portion. The supplemental
				portion of a RCRA standardized permit consists of site-specific terms and
				conditions, beyond those of the uniform portion, that the Agency may impose on
				a particular facility, as necessary to adequately protect human health and the
				environment. If the Agency issues a supplemental portion, the owner or operator
				must comply with the Agency-imposed site-specific terms and conditions.
A) When required pursuant to 35 Ill. Adm.
				Code
				727.190(l),
				provisions to implement corrective action must be included in the supplemental
				portion.
B) Unless otherwise
				specified, the supplemental permit terms and conditions apply to a facility in
				addition to the terms and conditions of the uniform portion of the RCRA
				standardized permit and not in place of any of those terms and conditions.
BOARD NOTE: Subsection (a) is derived from
				  40 CFR
				  124.200 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart G - PROCEDURE FOR RCRA STANDARDIZED PERMIT › Section 705.301 - Applying for a RCRA Standardized Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applying for a RCRA standardized permit.
1) A facility owner or operator must follow
				the requirements in this Subpart, as well as those in 35 Ill. Adm. Code
				703.191
				and Subparts B and J of 35 Ill. Adm. Code 703.
2) The owner or operator must submit to the
				Agency a written Notice of Intent to operate under the RCRA standardized
				permit. The owner or operator must also include the information and
				certifications required pursuant to Subpart J of 35 Ill. Adm. Code 703.
BOARD NOTE: Subsection (a) is derived from
				  40
				  CFR 124.202, as added at 70 Fed. Reg. 53420
				  (Sep. 8, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart G - PROCEDURE FOR RCRA STANDARDIZED PERMIT › Section 705.303 - Public Participation in the RCRA Standardized Permit Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requirements for
				Public Notices
1) The Agency must provide
				public notice of its draft permit decision and must provide an opportunity for
				the public to submit comments and request a hearing on that decision. The
				Agency must provide the public notice to the following persons:
A) The applicant;
B) Any other agency that the Agency knows has
				issued or is required to issue a RCRA permit for the same facility or activity
				(including USEPA when the draft permit is prepared by the State);
C) Federal and State agencies with
				jurisdiction over fish, shellfish, and wildlife resources and over coastal zone
				management plans, the Advisory Council on Historic Preservation, Illinois
				Historic Preservation Agency, including any affected states;
D) Everyone on the facility mailing list
				developed according to the requirements in Section
				705.163(a)(4);
				and
E) Any units of local
				government having jurisdiction over the area where the facility is proposed to
				be located and to each State agency having any authority under State law with
				respect to the construction or operation of the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 705 - PROCEDURES FOR PERMIT ISSUANCE › Subpart G - PROCEDURE FOR RCRA STANDARDIZED PERMIT › Section 705.304 - Modifying a RCRA Standardized Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permissible Types of Changes an Owner or
				Operator May Make to its RCRA Standardized Permit. A facility owner or operator
				may make a routine change, a routine change with prior Agency approval, or a
				significant change. For the purposes of this subsection (a), the following
				definitions apply:
"Routine change" is any change to the RCRA standardized
				  permit that qualifies as a Class 1 permit modification (without prior Agency
				  approval) pursuant to Appendix A to 35 Ill. Adm. Code 703.
"Routine change with prior Agency approval" is a change to
				  the RCRA standardized permit that would qualify as a Class 1 modification with
				  prior agency approval, or a Class 2 permit modification pursuant to Appendix A
				  to 35 Ill. Adm. Code 703.
"Significant change" is any change to the RCRA standardized
				  permit that falls into one of the following categories:
It qualifies as a Class 3 permit modification pursuant to
				  Appendix A to 35 Ill. Adm. Code 703;
It is not explicitly identified in Appendix A to 35 Ill. Adm.
				  Code 703; or
It amends any terms or conditions in the supplemental portion
				  of the RCRA standardized permit.
BOARD NOTE: Subsection (a) is derived from
				  40 CFR
				  124.211 (2017).
b) Procedures to Make Routine Changes
1) An owner or operator can make routine
				changes to the RCRA standardized permit without obtaining approval from the
				Agency. However, the owner or operator must first determine whether the routine
				change it will make amends the information it submitted to the Agency pursuant
				to 35 Ill. Adm. Code
				703.351(b)
				with its Notice of Intent to operate under the RCRA standardized
				permit.
2) If the routine changes
				that the owner or operator makes amend the information it submitted pursuant to
				35 Ill. Adm. Code
				703.351(b)
				with its Notice of Intent to operate under the RCRA standardized permit, then
				before the owner or operator makes the routine changes it must do both of the
				following:
A) It must submit to the Agency
				the revised information pursuant to 35 Ill. Adm. Code
				703.351(b)(1);
				and
B) It must provide notice of
				the changes to the facility mailing list and to State and local governments in
				accordance with the procedures in Section
				705.163(a)(4) and
				(a)(5).
BOARD NOTE: Subsection (b) is derived from
				  40 CFR
				  124.212 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart A - GENERAL PROVISIONS › Section 709.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions of 35 Ill. Adm. Code
				  729.301
				  apply to this Part, in addition to the following terms:
"Act" means the Environmental Protection Act (Ill. Rev. Stat.
				  1983, ch. 1111/2, par. 1001)
"Agency" means the Illinois Environmental Protection
				  Agency
"Board" means the Illinois Pollution Control Board
"Hazardous wastestream" means a "wastestream" which includes
				  a "hazardous waste"
"Wastestream" means a "solid waste" as defined in 35 Ill.
				  Adm. Code 721, which is routinely or periodically produced by a certain
				  generator as a result of a certain activity, production process or treatment
				  process. The Agency may issue multiple wastestream authorizations for a single
				  wastestream, each identifying a different disposer or disposal method. The
				  Agency may allow the combination of wastestreams into a single wastestream if
				  such combination does not limit the possibilities for treatment, recycling or
				  disposal of the wastes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart A - GENERAL PROVISIONS › Section 709.103 - Deemed-issued Wastestream Authorizations

Current through Register Vol. 48, No. 28, July 12, 2024
a) If prior to July 5, 1984, the Agency
				issued a supplemental permit pursuant to 35 Ill. Adm. Code
				807.210 for
				a residual from the treatment of liquid hazardous waste, and such supplemental
				permit is valid, such supplemental permit shall be deemed a wastestream
				authorization until such time as the Agency grants or denies a wastestream
				authorization, provided:
1) the residual
				meets one of the standards in 35 Ill. Adm. Code
				729.310(b);
				and,
2) such person submitted an
				application, pursuant to Section
				709.301,
				for a wastestream authorization to the Agency by September 7, 1984.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart A - GENERAL PROVISIONS › Section 709.104 - Expiration of Supplemental Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Supplemental permits, issued pursuant to
				35 Ill. Adm. Code
				807.210, for
				liquid hazardous waste wastestreams which are restricted under 35 Ill. Adm.
				Code
				729.310,
				became void after July 5, 1984.
b)
				Supplemental permits for wastestreams containing halogenated compounds which
				are prohibited pursuant to 35 Ill. Adm. Code
				729.240
				or
				729.241
				became void after December 4, 1984.
c) The Agency shall review existing
				supplemental permits to identify those which appear to authorize disposal in
				landfills of wastes which are restricted or prohibited, including those which
				the Agency believes became void on July 5, 1984, or December 4, 1984. The
				Agency shall notify persons with supplemental permits it believes authorize
				disposal of wastes which are restricted or prohibited. The Agency shall give
				each permittee the opportunity to demonstrate, by filing a new application
				within 60 days after receipt of notice, compliance with the restriction or
				prohibition before modifying or denying a supplemental permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart A - GENERAL PROVISIONS › Section 709.105 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part is adjudged invalid, or if the
				  application to any person or in any circumstance is adjudged invalid, such
				  invalidity shall not affect the validity of this Part as a whole, or of any
				  Subpart, Section, paragraph, sentence or clause which has not been adjudged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 709 - WASTESTREAM AUTHORIZATIONS › Subpart B - PROHIBITIONS › Section 709.201 - Liquid Hazardous Waste Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
a) Liquids: No Person shall cause, threaten
				or allow the disposal in any landfill of any liquid hazardous waste unless the
				Agency has issued a wastestream authorization for that wastestream. (Section
				22.6(a) of the Act)
b) Residuals:
				No person shall engage in the treatment of a liquid hazardous waste and cause,
				threaten or allow the disposal in any landfill of any residual from such
				treatment unless the Agency has issued a wastestream authorization for that
				wastestream.