reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.189 - Financial Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The permittee, including the transferor of a permit, is required to demonstrate
				and maintain financial responsibility and resources to close, plug, and abandon
				the underground injection operation in a manner prescribed by the Agency until
				one of the following occurs:
1) The well has
				been plugged and abandoned in accordance with an approved plugging and
				abandonment plan pursuant to Section
				704.181(f)
				and 35 Ill. Adm. Code
				730.110
				and
				730.192,
				and the permittee has submitted a plugging and abandonment report pursuant to
				Section
				704.181(g);
2) The well has been converted in compliance
				with Section
				704.181(e);
				or
3) The transferor of a permit
				has received notice from the Agency that the owner or operator receiving
				transfer of the permit (the new permittee) has demonstrated financial
				responsibility for the well.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.190 - Mechanical Integrity

Current through Register Vol. 48, No. 28, July 12, 2024
A permit for any Class I or Class III injection well or
				  injection project that lacks mechanical integrity must include a condition that
				  prohibits injection operations until the Agency has determined pursuant to 35
				  Ill. Adm. Code
				  730.108 that
				  the well has mechanical integrity. A permit for any Class V injection well must
				  include such a condition if the Agency determines that the condition is
				  necessary to prevent a violation of the Act or Board regulations. A permit for
				  any Class VI injection well must include a provision that prohibits injection
				  operations until the Agency determines pursuant to 35 Ill. Adm. Code
				  730.189 that
				  the well has mechanical integrity.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(8)
				  (2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.191 - Additional Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must impose on a case-by-case basis such
				  additional conditions as are necessary to prevent the migration of fluids into
				  a USDW.
BOARD NOTE: Derived from
				  40 CFR
				  144.52(a)(9)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.192 - Waiver of Requirements by Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) When injection does not occur into,
				through, or above a USDW, the Agency may authorize a well or project with less
				stringent requirements for area of review, construction, mechanical integrity,
				operation, monitoring, and reporting than required in 35 Ill. Adm. Code 730 or
				Sections
				704.182
				through
				704.191 to
				the extent that the reduction in requirements will not result in an increased
				risk of movement of fluids into a USDW.
b) When injection occurs through or above a
				USDW, but the radius of endangering influence when computed under 35 Ill. Adm.
				Code
				730.106(a)
				is smaller or equal to the radius of the well, the Agency may authorize a well
				or project with less stringent requirements for operation, monitoring, and
				reporting than required in 35 Ill. Adm. Code 730 or Sections
				704.182
				through
				704.191 to
				the extent that the reduction in requirements will not result in an increased
				risk of movement of fluids into a USDW.
c) When reducing requirements under
				subsection (a) or (b), the Agency must prepare a fact sheet under 35 Ill. Adm.
				Code
				705.143 explaining the
				reasons for the action.
BOARD NOTE: Derived from
					 40 CFR
					 144.16 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.193 - Corrective Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Coverage. An applicant for a Class I or Class III injection well permit must
				identify the location of all known wells within the injection well's area of
				review that penetrate the injection zone. For such wells that are improperly
				sealed, completed, or abandoned, the applicant must also submit a plan
				consisting of such steps or modifications as are necessary to prevent movement
				of fluid into USDWs ("corrective action"). Where the plan is adequate, the
				Agency must incorporate it into the permit as a condition. Where the Agency's
				review of an application indicates that the permittee's plan is inadequate
				(based on the factors in 35 Ill. Adm. Code
				730.107 ), the
				Agency must require the applicant to revise the plan, prescribe a plan for
				corrective action as a condition of the permit under subsection (b), or deny
				the application.
b) Requirements
1) Existing Injection Wells. Any permit
				issued for an existing injection well requiring corrective action must include
				a compliance schedule requiring any corrective action accepted or prescribed
				under subsection (a) to be completed as soon as possible.
2) New Injection Wells. No permit for a new
				injection well may authorize injection until all required corrective action has
				been taken.
3) Injection pressure
				limitation. The Agency may require as a permit condition that injection
				pressure in the injection zone does not exceed hydrostatic pressure at the site
				of any improperly completed or abandoned well within the area of review. This
				pressure limitation must satisfy the corrective action requirement.
				Alternatively, such injection pressure limitation can be part of a compliance
				schedule and last until all other required corrective action has been
				taken.
4) Class III Injection Wells
				Only. When setting corrective action requirements the Agency must consider the
				overall effect of the project on the hydraulic gradient in potentially affected
				USDWs and the corresponding changes in potentiometric surfaces and flow
				directions rather than the discrete effect of each well. If a decision is made
				that corrective action is not necessary based on the determinations above, the
				monitoring program required in 35 Ill. Adm. Code
				730.133(b)
				must be designed to verify the validity of such
				determinations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart E - PERMIT CONDITIONS › Section 704.194 - Maintenance and Submission of Records

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must include, as a condition to any UIC permit, a
				  requirement that the owner or operator of the injection well must establish and
				  maintain such records, make such reports, conduct such monitoring, and provide
				  such other information as the Agency deems necessary to determine whether the
				  owner or operator has acted or is acting in compliance with the Act and Board
				  regulations.
BOARD NOTE: Derived from
				  40 CFR
				  144.17(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart F - REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE › Section 704.201 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart F applies to a generator of hazardous waste and
				  to the owner or operator of any hazardous waste management facility that uses
				  any class of well to inject hazardous wastes accompanied by a manifest. (See
				  also Section
				  704.124.)
BOARD NOTE: Derived from
				  40 CFR
				  144.14(a)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart F - REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE › Section 704.202 - Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of any well that is used to inject
				  hazardous wastes accompanied by a manifest or delivery document is required to
				  apply for authorization to inject.
BOARD NOTE: Derived from
					 40 CFR
					 144.14(b) (2017)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart F - REQUIREMENTS FOR WELLS INJECTING HAZARDOUS WASTE › Section 704.203 - Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to requiring compliance with the applicable
				  requirements of this Part and 35 Ill. Adm. Code 730, the owner or operator of
				  any facility described in Section
				  704.202
				  must comply with the following requirements:
a) Notification. The owner or operator must
				comply with the notification requirements of section 3010 of the Resource
				Conservation and Recovery Act (
				42 USC
				6901 et seq.).
b) Identification number. The owner or
				operator must comply with 35 Ill. Adm. Code
				724.111.
c) Manifest system. The owner or operator
				must comply with the applicable recordkeeping and reporting requirements for
				manifested wastes in 35 Ill. Adm. Code
				724.171.
d) Manifest discrepancies. The owner or
				operator must comply with 35 Ill. Adm. Code
				724.172.
e) Operating record. The owner or operator
				must comply with 35 Ill. Adm. Code
				724.173(a),
				(b)(1), and (b)(2).
f) Annual report. The owner or operator must
				comply with 35 Ill. Adm. Code
				724.175.
g) Unmanifested waste report. The owner or
				operator must comply with 35 Ill. Adm. Code
				724.176.
h) Personnel training. The owner or operator
				must comply with the applicable personnel training requirements of 35 Ill. Adm.
				Code
				724.116.
i) Certification of closure. When abandonment
				is completed, the owner or operator must submit to the Agency certification by
				the owner or operator and certification by an independent registered
				professional engineer that the facility has been closed in accordance with the
				specifications in Section
				704.188.
BOARD NOTE: Derived from
				  40 CFR
				  144.14(c)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.210 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  704.212,
				  704.213,
				  and
				  704.240
				  apply to the owner or operator of an existing or new Class I Hazardous waste
				  injection well, except as provided otherwise in this Subpart G.
BOARD NOTE: Derived from
				  40
				  CFR
				  144.60(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.211 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Plugging and
				abandonment plan" or "plan" means the plan for plugging and abandonment
				prepared in accordance with Sections
				704.150
				and
				704.181(f).
b) "Current plugging and abandonment cost
				estimate" or "current cost estimate" means the most recent of the estimates
				prepared in accordance with Sections
				704.212(a),
				(b), and (c).
c) "Parent corporation" means a corporation
				that directly owns at least 50 percent of the voting stock of the corporation
				that is the injection well owner or operator; the latter corporation is deemed
				a "subsidiary" of the parent corporation.
d) The following terms are used in the
				specifications for the financial test for plugging and abandonment. The
				definitions are intended to represent the common meanings of the terms as they
				are generally used by the business community.
"Assets" means all existing and all probable future economic
				  benefits obtained or controlled by a particular entity.
"Current assets" means cash or other assets or resources
				  commonly identified as those that are reasonably expected to be realized in
				  cash or sold or consumed during the normal operating cycle of the
				  business.
"Current liabilities" means obligations whose liquidation is
				  reasonably expected to require the use of existing resources properly
				  classifiable as current assets or the creation of other current
				  liabilities.
"Independently audited" refers to an audit performed by an
				  independent certified public accountant in accordance with generally accepted
				  auditing standards.
"Liabilities" means probable future sacrifices of economic
				  benefits arising from present obligations to transfer assets or provide
				  services to other entities in the future as a result of past transactions or
				  events.
"Net working capital" means current assets minus current
				  liabilities.
"Net worth" means total assets minus total liabilities and is
				  equivalent to owner's equity.
"Tangible net worth" means the tangible assets that remain
				  after deducting liabilities; such assets would not include intangibles such as
				  goodwill and rights to patents or royalties.
BOARD NOTE: Derived from
				  40 CFR
				  144.61(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.212 - Cost Estimate for Plugging and Abandonment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or operator must prepare a
				written estimate, in current dollars, of the cost of plugging the injection
				well in accordance with the plugging and abandonment plan, as specified in
				Sections
				704.150
				and
				704.181(f).
				The cost estimate must equal the cost of plugging and abandonment at the point
				in the facility's operating life when the extent and manner of its operation
				would making plugging and abandonment the most expensive, as indicated by its
				plan.
b) The owner or operator must
				adjust the cost estimate for inflation within 30 days after each anniversary of
				the date on which the first cost estimate was prepared. The adjustment must be
				made as specified in subsections (b)(1) and (b)(2), using an inflation factor
				derived from the annual update to "Oil and Gas Lease Equipment and Operating
				Costs 1987 to [Date]" published by the U.S. Department of Treasury. The
				inflation factor is the result of dividing the latest published annual Index by
				the Index for the previous years.
1) The first
				adjustment is made by multiplying the cost estimate by the inflation factor.
				The result is the adjusted cost estimate.
2) Subsequent adjustments are made by
				multiplying the latest adjusted cost estimate by the latest inflation factor.
BOARD NOTE: Corresponding
				  40 CFR
				  144.62(b) cites "Oil and Gas
				  Field Equipment Cost Index" without attribution of its source. The Board has
				  located a publication entitled "Oil and Gas Lease Equipment and Operating Costs
				  1987 to [Date]". It is assembled by the U.S. Department of Energy, Energy
				  Information Administration. It is available only on the Internet at
www.eia.doe.gov
. The Board replaced the
				  federally cited reference with this document. The full link for the document
				  (in March 2006) is as follows: http://www.eia.doe.gov/pub/oil_gas
				  /natural_gas/data_publications/cost_indices_equipment_production/current/coststudy.html.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.213 - Financial Assurance for Plugging and Abandonment

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator of each facility must establish
				  financial assurance for the plugging and abandonment of each existing and new
				  Class I hazardous waste injection well. The owner or operator must choose one
				  of the following financial assurance mechanisms:
a) A trust fund (Section
				704.214
				);
b) A surety bond guaranteeing
				payment (Section
				704.215
				);
c) A surety bond guaranteeing
				performance (Section
				704.216
				);
d) A letter of credit (Section
				704.217
				);
e) Insurance (Section
				704.218
				); or
f) The financial test and
				corporate guarantee (Section
				704.219
				);
BOARD NOTE: Derived from
				  40 CFR
				  144.63 preamble (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.214 - Trust Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may satisfy the financial assurance requirement by establishing a
				trust fund that conforms to the requirements of this Section and submitting an
				original, signed duplicate of the trust agreement to the Agency. An owner or
				operator of a Class I injection well injecting hazardous waste must submit the
				original, signed duplicate of the trust agreement to the Agency with the permit
				application or for approval to operate under rule. The trustee must be an
				entity that has the authority to act as a trustee and whose trust operations
				are regulated and examined by a Federal or State agency.
b) The wording of the trust agreement must be
				as specified in Section
				704.240,
				and the trust agreement must be accompanied by a formal certification of
				acknowledgment. Schedule A of the trust agreement must be updated within 60
				days after a change in the amount of the current cost estimate covered by the
				agreement.
c) Payments into the
				trust fund must be made annually by the owner or operator over the term of the
				initial permit or over the remaining operating life of the injection well as
				estimated in the plan, whichever period is shorter; this period is hereafter
				referred to as the "pay-in period". The payments into the trust fund must be
				made as follows:
1) For a new well, the first
				payment must be made before the initial injection of hazardous waste. The owner
				or operator must submit a receipt to the Agency from the trustee for this
				payment before the initial injection of hazardous waste. The first payment must
				be at least equal to the current cost estimate, except as provided in Section
				704.240, divided by the number of years in the pay-in period. Subsequent
				payments must be made no later than 30 days after each anniversary date of the
				first payment. The amount of each subsequent payment must be determined by this
				formula:
Next Payment
=
PE - CV
YR
Where:
PE is the current cost estimate
CV is the current value of the trust fund
Y is the number of years remaining in the pay-in
				  period
2) If an owner or
				operator establishes a trust fund as specified in this Section, and the value
				of that trust fund is less than the current cost estimate when a permit is
				issued for the injection well, the amount of current cost estimate still to be
				paid into the trust fund must be paid in over the pay-in period as defined in
				subsection (c). Payments must continue to be made no later than 30 days after
				each anniversary date of the first payment made pursuant to this Part. The
				amount of each payment must be determined by this formula:
Next Payment
=
PE - CV
YR
Where:
PE is the current cost estimate
CV is the current value of the trust fund
Y is the number of years remaining in the pay-in
				  period
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.215 - Surety Bond Guaranteeing Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator may satisfy the
				financial assurance requirement by obtaining a surety bond that conforms to the
				requirements of this Section and submitting the bond to the Agency with the
				application for a permit or for approval to operate under rule. The bond must
				be effective before the initial injection of hazardous waste. The surety
				company issuing the bond must, at a minimum, be among those listed as
				acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
				the Treasury.
BOARD NOTE: The U.S. Department of the Treasury updates
				  Circular 570, "Companies Holding Certificates of Authority as Acceptable
				  Sureties on Federal Bonds and as Acceptable Reinsuring Companies", on an annual
				  basis pursuant to
				  31 CFR
				  223.16. Circular 570 is available on the
				  Internet from the following website:
http://www.fms.treas.gov/c570/
.
b) The wording of the surety bond must be as
				specified in Section
				704.240.
c) The owner or operator who uses a surety
				bond to satisfy the financial assurance requirement must also establish a
				standby trust fund. All payments made under the terms of the bond must be
				deposited by the surety directly into the standby trust fund in accordance with
				instructions from the Agency. This standby trust fund must meet the
				requirements specified in Section
				704.214, except that
				the following limitations apply:
1) An
				original, signed duplicate of the trust agreement must be submitted to the
				Agency with the surety bond; and
2)
				Until the standby trust fund is funded pursuant to this Section, the following
				are not required:
A) Payments into the trust
				fund as specified in Section 704.214;
B) Updating of Schedule A of the trust
				agreement to show current cost estimates;
C) Annual valuations as required by the trust
				agreement; and
D) Notices of
				non-payment as required by the trust agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.216 - Surety Bond Guaranteeing Performance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator may satisfy the
				financial assurance requirement by obtaining a surety bond that conforms to the
				requirements of this Section and submitting the bond to the Agency. An owner or
				operator of a new facility must submit the bond to the Agency with the permit
				application or for approval to operate under rule. The bond must be effective
				before injection of hazardous waste is started. The surety company issuing the
				bond must, at a minimum, be among those listed as acceptable sureties on
				Federal bonds in Circular 570 of the U.S. Department of the Treasury.
BOARD NOTE: The U.S. Department of the Treasury updates
				  Circular 570, "Companies Holding Certificates of Authority as Acceptable
				  Sureties on Federal Bonds and as Acceptable Reinsuring Companies", on an annual
				  basis pursuant to
				  31 CFR
				  223.16. Circular 570 is available on the
				  Internet from the following website:
http://www.fms.treas.gov/c570/
.
b) The wording of the surety bond must be as
				specified in Section
				704.240.
c) The owner or operator who uses a surety
				bond to satisfy the financial assurance requirement must also establish a
				standby trust fund. All payments made under the terms of the bond must be
				deposited by the surety directly into the standby trust fund in accordance with
				instructions from the Agency. This standby trust fund must meet the
				requirements specified in Section
				704.214, except that
				the following limitations apply:
1) An
				original, signed duplicate of the trust agreement must be submitted to the
				Agency with the surety bond; and
2)
				Until the standby trust fund is funded pursuant to this Section, the following
				are not required:
A) Payments into the trust
				fund as specified in Section 704.214;
B) Updating of Schedule A of the trust
				agreement to show current cost estimates;
C) Annual valuations as required by the trust
				agreement; and
D) Notices of
				non-payment as required by the trust agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.217 - Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner or operator may satisfy the financial assurance requirement by obtaining
				an irrevocable standby letter of credit that conforms to this Section and
				submitting the letter to the Agency. An owner or operator of an injection well
				must submit the letter of credit to the Agency during submission of the permit
				application or for approval to operate under rule. The letter of credit must be
				effective before initial injection of hazardous waste. The issuing institution
				must be entity that has the authority to issue letters of credit and whose
				letter-of-credit operations are regulated and examined by a federal or State
				agency.
b) The wording of the
				letter of credit must be as specified in Section
				704.240.
c) An owner or operator who uses a letter of
				credit to satisfy the financial assurance requirement must also establish a
				standby trust fund. Under the terms of the letter of credit, all amounts paid
				pursuant to a draft by the Agency must be deposited by the issuing institution
				directly into the standby trust fund in accordance with instructions from the
				Agency. This standby trust fund must meet the requirements of the trust fund
				specified in Section
				704.214,
				except that the following limitations apply:
1) An original, signed duplicate of the trust
				agreement must be submitted to the Agency with the letter of credit;
				and
2) Unless the standby trust
				fund is funded pursuant to this Section, the following are not required:
A) Payments into the trust fund as specified
				in Section 704.214;
B) Updating of
				Schedule A of the trust agreement to show current cost estimates;
C) Annual valuations as required by the trust
				agreement; and
D) Notices of
				non-payment as required by the trust agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.219 - Financial Test and Corporate Guarantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator may satisfy the
				financial assurance requirement by demonstrating that the owner or operator
				passes a financial test as specified in this Section. To pass this test the
				owner or operator must meet the criteria of either subsection (a)(1) or (a)(2):
1) The owner or operator must have each of
				the following:
A) Two of the following three
				ratios: A ratio of total liabilities to net worth less than 2.0; a ratio of the
				sum of net income plus depreciation, depletion, and amortization to total
				liabilities greater than 0.1; and a ratio of current assets to current
				liabilities greater than
				1.5;
B) Net working capital and tangible net worth
				each at least six times the sum of the current cost estimate;
C) A tangible net worth of at least $10
				million; and
D) Assets in the
				United States amounting to at least 90 percent of the owner or operator's total
				assets or at least six times the sum of the current cost
				estimate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.220 - Multiple Financial Mechanisms

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may satisfy the financial assurance
				  requirement by establishing more than one financial mechanism per injection
				  well. These mechanisms are limited to trust funds, surety bonds guaranteeing
				  payment into a trust fund, letter of credit, and insurance. The mechanisms must
				  be as specified in Sections
				  704.214,
				  704.215,
				  704.217, and
				  704.218,
				  respectively, except that it is the combination of mechanisms, rather than the
				  single mechanism, that must provide financial assurance for an amount at least
				  equal to the current cost estimate. If an owner or operator uses a trust fund
				  in combination with a surety bond or letter of credit, the owner or operator
				  may use that trust fund as the standby trust fund for the other mechanisms. A
				  single standby trust may be established for two or more mechanisms. The Agency
				  may invoke any or all of the mechanisms to provide for plugging and abandonment
				  of the injection well.
BOARD NOTE: Derived from
				  40 CFR
				  144.63(g)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.221 - Financial Mechanism for Multiple Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may use a financial assurance mechanism
				  specified in Sections
				  704.213
				  or
				  704.220
				  to meet the financial assurance requirement for more than one injection well.
				  Evidence of financial assurance submitted to the Agency must include a list
				  showing, for each injection well, the USEPA identification number, name,
				  address, and the amount of funds for plugging and abandonment assured by the
				  mechanisms. The operator must provide sufficient financial assurance to the
				  Agency to plug and abandon all of the wells the operator has in Illinois. 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 has been established and
				  maintained for each injection well. In directing funds available through the
				  mechanism for plugging and abandonment of any of the injection wells covered by
				  the mechanism, the Agency may direct only the amount of funds designated for
				  that injection well, unless the owner or operator agrees to use additional
				  funds available under the mechanism.
BOARD NOTE: Derived from
				  40 CFR
				  144.63(h)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.222 - Release of the Owner or Operator

Current through Register Vol. 48, No. 28, July 12, 2024
Within 60 days after receiving certifications from the owner
				  or operator and an independent registered professional engineer that plugging
				  and abandonment has been accomplished in accordance with the plan, the Agency
				  must notify the owner or operator in writing that the owner or operator is no
				  longer required by this Subpart G to maintain financial assurance for plugging
				  and abandonment of the injection well, unless the Agency has reason to believe
				  that plugging and abandonment has not been in accordance with the plan.
BOARD NOTE: Derived from
				  40 CFR
				  144.63(i)
				  (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.230 - Incapacity

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator must notify the Agency by certified mail of the commencement of a
				voluntary or involuntary proceeding under 11 USC (Bankruptcy), naming the owner
				or operator as debtor, within 10 business days after the commencement of the
				proceeding. A guarantor of a corporate guarantee as specified in Section
				704.219
				must make such a notification if the guarantor is named as debtor, as required
				under the terms of guarantee in Section
				704.240.
b) An owner or operator who fulfills Section
				704.213
				by obtaining a letter of credit, surety bond, or insurance policy will be
				deemed to be without the required financial assurance in the event of
				bankruptcy, insolvency or a suspension or revocation of the license or charter
				of the issuing institution. The owner or operator must establish other
				financial assurance within 60 days after such an event.
BOARD NOTE: Derived from
				  40
				  CFR
				  144.64(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart G - FINANCIAL RESPONSIBILITY FOR CLASS I HAZARDOUS WASTE INJECTION WELLS › Section 704.240 - Wording of the Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must promulgate standardized forms based on
				  40 CFR
				  144.70 (Wording of the Instruments),
				  incorporated by reference in 35 Ill. Adm. Code
				  720.111(b),
				  with such changes in wording as are necessary under Illinois law. Any owner or
				  operator required to establish financial assurance under this Subpart G must do
				  so only upon the standardized forms promulgated by the Agency. The Agency may
				  reject any financial assurance document that is not submitted on such
				  standardized forms.
BOARD NOTE: Derived from
				  40 CFR
				  144.70(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart H - ISSUED PERMITS › Section 704.260 - Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Transfer by
				Modifications. Except as provided in subsection (b), a permit may be
				transferred by the permittee to a new owner or operator only if the permit has
				been modified or reissued (under Sections
				704.261 through
				704.264 ) to
				identify the new permittee and incorporate such other requirements as may be
				necessary under the appropriate Act. The new owner or operator to whom the
				permit is transferred must comply with all the terms and conditions specified
				in such permit.
b) Automatic
				transfers. As an alternative to transfers under subsection (a), any UIC permit
				for a well not injecting hazardous or injecting carbon dioxide for geologic
				sequestration waste may be automatically transferred to a new permittee if each
				of the following conditions are fulfilled:
1)
				The current permittee notifies the Agency at least 30 days in advance of the
				proposed transfer date in subsection (b)(2);
2) The notice includes a written agreement
				between the existing and new permittees containing a specific date for transfer
				of permit responsibility, coverage and liability between them and the notice
				demonstrates that the financial responsibility requirements of Section
				704.189
				will be met by the new permittee and that the new permittee agrees to comply
				with all the terms and conditions specified in the permit to be transferred
				under this subsection (b); and
3)
				The Agency does not notify the existing permittee and the proposed new
				permittee of its intent to modify or reissue the permit. A modification under
				this subsection (b) may also be a minor modification under Section 704.264. If
				this notice is not received, the transfer is effective on the date specified in
				the agreement mentioned in subsection (b)(2).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart H - ISSUED PERMITS › Section 704.261 - Modification

Current through Register Vol. 48, No. 28, July 12, 2024
When the Agency receives any information (for example, it
				  inspects the facility; it receives information submitted by the permittee, as
				  required in the permit (see 35 Ill. Adm. Code
				  702.140
				  through
				  702.152 );
				  it receives a request for modification or reissuance; or it conducts a review
				  of the permit file), it may determine whether or not one or more of the causes
				  listed in Sections
				  704.262
				  and
				  704.263
				  for modification or reissuance exist. If cause exists, the Agency may modify or
				  reissue the permit accordingly, subject to the limitations of Section
				  704.263
				  and may request an updated application if necessary. When a permit is modified,
				  only the conditions subject to modification are reopened. If cause does not
				  exist under Sections 704.261 through
				  704.264, the
				  Agency may not modify or reissue the permit. If a permit modification satisfies
				  the criteria in Section
				  704.264 for
				  "minor modifications" the permit may be modified without a draft permit or
				  public review. Otherwise, a draft permit must be prepared and other procedures
				  in 35 Ill. Adm. Code 705 followed.
BOARD NOTE: Derived from
				  40 CFR
				  144.39 preamble (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart H - ISSUED PERMITS › Section 704.263 - Well Siting

Current through Register Vol. 48, No. 28, July 12, 2024
Suitability of the well location must not be considered at
				  the time of permit modification unless new information or standards indicate
				  that a threat to human health or the environment exists that was unknown at the
				  time of permit issuance or unless required under the Act. However, certain
				  modifications may require site location suitability approval pursuant to
				  Section 39.2 of the Act.
BOARD NOTE: Derived from
					 40 CFR
					 144.39(c) (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart H - ISSUED PERMITS › Section 704.264 - Minor Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the consent of the permittee, the Agency may modify a
				  permit to make the corrections or allowances for changes in the permitted
				  activity listed in this Section, without following the procedures of 35 Ill.
				  Adm. Code 705. Any permit modification not processed as a minor modification
				  under this Section must be made for cause and with a 35 Ill. Adm. Code 705
				  draft permit and public notice as required in Sections
				  704.261
				  through
				  704.263.
				  Minor modifications may only involve the following changes:
a) Correcting typographical errors;
b) Requiring more frequent monitoring or
				reporting by the permittee;
c)
				Changing an interim compliance date in a schedule of compliance, provided the
				new date is not more than 120 days after the date specified in the existing
				permit and does not interfere with attainment of the final compliance date
				requirement; or
d) Allowing for a
				change in ownership or operational control of a facility where the Agency
				determines that no other change in the permit is necessary, provided that a
				written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittees
				has been submitted to the Agency; or
e) Changing quantities or types of fluids
				injected that are within the capacity of the facility as permitted and which
				the Agency has determined would not interfere with the operation of the
				facility or its ability to meet conditions described in the permit and would
				not change its classification.
f)
				Changing construction requirements approved by the Agency pursuant to 35 Ill.
				Adm. Code
				704.182
				(establishing UIC permit conditions), provided that any such alteration must
				comply with this Part and 35 Ill. Adm. Code 702 and 730.
g) Amending a plugging and abandonment plan
				that has been updated under Section
				704.181(e).
h) Amending a Class VI injection well testing
				and monitoring plan, plugging plan, post-injection site care and site closure
				plan, or emergency and remedial response plan, where the Agency determines that
				the modifications merely clarify or correct the plan.
BOARD NOTE: Derived from
				  40 CFR
				  144.41(2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.279 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart I sets forth the requirements applicable to the
				  owner or operator of a Class V injection well. Additional requirements listed
				  elsewhere in this Part may also apply. Where they may apply, those other
				  requirements are referenced rather than repeated in this Subpart I. The
				  requirements described in this Subpart I and elsewhere in this Part are
				  intended to protect USDWs and are part of the UIC program established under
				  Section 13(c) of the Act.
BOARD NOTE: Derived from
					 40 CFR
					 144.79 (2017). USEPA wrote corresponding
					 subpart G of 40 CFR 144 in a question-and-answer format to make it easier to
					 understand the regulatory requirements. The Board has abandoned that format in
					 favor of a more traditional approach of using clear statements of the
					 requirements and their applicability.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.280 - Definition of a Class V Injection Well

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  704.106
				  defines the six classes of injection wells, including a Class V injection well,
				  as regulated under this Subpart I. Typically, Class V injection wells are
				  shallow wells used to place a variety of fluids directly below the land
				  surface. However, if the fluids placed in the ground qualify as a hazardous
				  waste under RCRA, the well is either a Class I or Class IV injection well, not
				  a Class V injection well. Similarly, a carbon sequestration well is a Class VI
				  injection well (or a Class II injection well under specified circumstances),
				  not a Class V injection well. Examples of Class V injection wells are described
				  in Section
				  704.281.
BOARD NOTE: Derived from
				  40 CFR
				  144.80(2011).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.282 - Protection of Underground Sources of Drinking Water

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart I requires that an owner or operator of a Class
				  V injection well must not allow movement of fluid into USDWs that might cause
				  endangerment of the USDW, that the owner or operator must comply with the UIC
				  requirements in this Part and 35 Ill. Adm. Code 702 and 730, that the owner or
				  operator must comply with any other measures required by the State or USEPA to
				  protect USDWs, and that the owner or operator must properly close its well when
				  the owner or operator is through using it. The owner or operator also must
				  submit basic information about its well, as described in Section
				  704.283.
a) Prohibition of Fluid Movement
1) As described in Section
				704.122(a),
				an owner's or operator's injection activity cannot allow the movement of fluid
				containing any contaminant into USDWs if the presence of that contaminant may
				cause a violation of the primary drinking water standards under 35 Ill. Adm.
				Code 611, may cause a violation of other health-based standards, or may
				otherwise adversely affect the health of persons. This prohibition applies to
				the owner's or operator's well construction, operation, maintenance,
				conversion, plugging, closure, or any other injection activity.
2) If the Agency learns that an owner's or
				operator's injection activity may endanger a USDW, the Agency may require the
				owner or operator to close its well, require the owner or operator to get a
				permit, or require other actions listed in Section
				704.122(c),
				(d), or (e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.285 - Applicability of the Additional Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Large-Capacity Cesspools. The additional
				requirements set forth in Section
				704.288
				apply to a new and existing large-capacity cesspool. If the owner or operator
				is using a septic system for these type of wastes, the owner or operator is not
				subject to the additional requirements in Section 704.288.
b) Motor Vehicle Waste Disposal Wells
				Existing on April 5, 2000. If the owner or operator has a Class V motor vehicle
				waste disposal well, the additional requirements in Section
				704.288
				apply to that owner or operator if the well is located in a ground water
				protection area or other sensitive ground water area that is identified by the
				Agency, the Board, or USEPA Region 5.
BOARD NOTE: An existing motor vehicle waste disposal well is
				  one for which construction had commenced prior to April 5, 2000. See
				  40 CFR
				  144.83(a)(1)(i) and
				  (a)(1)(ii), as added at 64 Fed. Reg. 68568
				  (December 7, 1999). Corresponding
				  40 CFR
				  144.85(b) provides that the
				  additional requirements apply Statewide if the State or the USEPA Region fails
				  to identify sensitive groundwater areas. The Board has not included this
				  Statewide applicability provision by virtue of
				  14.1 through 14.6 and
				  Sections 17.1 through 17.4 of the Act, Section 8 of the Illinois Groundwater
				  Protection Act [ 415 ILCS 55/8 ], and 35 Ill.
				  Adm. Code 615 through 620.
c) New Motor Vehicle Waste Disposal Wells.
				The additional requirements in Section
				704.288
				apply to a new motor vehicle waste disposal well.
BOARD NOTE: A new motor vehicle waste disposal well is one
					 for which construction had not commenced prior to April 5, 2000. See
					 40 CFR
					 144.85(c) (2005).
BOARD NOTE: Derived from
					 40 CFR
					 144.85 (2017).