reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart A - GENERAL › Section 848.103 - Other Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				requirements of this Part are in addition to other requirements in the Act or
				Board regulations. In case of conflict, applicability will be determined on the
				basis of considerations such as, but not limited to, the degree to which the
				statutory language in the Act or Board regulation is expressly stated or
				necessarily implied, United States Environmental Protection Agency program
				authorization requirements, and the comparative stringency of the
				regulations.
b) The following are
				examples of other regulations which may be applicable to facilities subject to
				this Part: 35 Ill. Adm. Code: Subtitle B: Air Pollution; 35 Ill. Adm. Code:
				Subtitle C: Water Pollution; 35 Ill. Adm. Code: Subtitle H: Noise Pollution;
				and 35 Ill. Adm. Code: Subtitle G: Waste Disposal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart A - GENERAL › Section 848.105 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board incorporates the following document by reference:
NFPA 51B, "Standard for Fire Prevention During Welding,
				  Cutting, and Other Hot Work", 2014 Edition, National Fire Protection
				  Association (NFPA), 1 Batterymarch Park, Quincy MA 02169-7471.
b) This Section incorporates no later
				amendments or editions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart B - MANAGEMENT STANDARDS › Section 848.201 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of any tire storage site and the owners
				  and operators of any tire disposal site are subject to this
				  Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart B - MANAGEMENT STANDARDS › Section 848.202 - Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners and
				operators of any site at which more than 50 used or waste tires are located at
				any one time must comply with the following requirements:
1) No used or waste tires shall be placed or
				accumulated outside of a building or fully enclosed container, unless the used
				or waste tires are placed on or accumulated in a storage pile that is separated
				from:
A) all other storage piles by a
				firebreak that is not less than 40 feet wide;
B) all buildings, whether on or off site, by
				a firebreak that is not less than 50 feet wide;
C) all of the site's property boundaries by a
				firebreak that is not less than 50 feet wide;
D) all outdoor activities at the site that
				present a risk of fire by a firebreak that is not less than 250 feet
				wide;
E) all trees by a firebreak
				that is not less than 100 feet wide;
F) all grass, weeds, brush, and combustible
				ground vegetation by a firebreak that is not less than 40 feet wide;
				and
G) any combustible material not
				listed in this subsection (a)(1) by a firebreak that is not less than 40 feet
				wide.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart B - MANAGEMENT STANDARDS › Section 848.203 - Contingency Planning and Emergency Response

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of any site at which more than 60 tons
				  of used or waste tires are located at any one time must:
a) establish and maintain, for each site that
				is subject to the requirements of this Section, a contingency plan that:
1) minimizes the hazards to human health and
				the environment from fires and run-off of contaminants resulting from fire and
				hazards from disease spreading mosquitos and other nuisance organisms that may
				breed in water accumulated in used or waste tires;
2) is carried out immediately whenever there
				is a fire or evidence of mosquito production in used or waste tires;
3) describes the actions site personnel must
				take in response to fires, run-off resulting from fires, and mosquito breeding
				in used or waste tires;
4)
				describes evacuation procedures, including, but not limited to, evacuation
				signals, primary evacuation routes, and alternate evacuation routes to be used
				when the primary routes could be blocked;
5) contains an up-to-date emergency equipment
				list that not only identifies all emergency equipment at the facility, such as
				fire-extinguishing systems, fire-suppression material, spill-control equipment,
				decontamination equipment, and communication and alarm systems (internal and
				external), but also describes the physical location and capabilities of each
				listed item; and
6) provides the
				name, address, and telephone number of an employee designated as the primary
				emergency coordinator responsible for coordinating emergency response measures
				at the site, as well as an up-to-date list of all alternate emergency
				coordinators, listed in the order in which they will assume responsibility for
				coordinating emergency response measures at the site in the event that the
				primary emergency coordinator or another alternate emergency coordinator is
				unavailable;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart B - MANAGEMENT STANDARDS › Section 848.204 - Storage of Used and Waste Tires Within Buildings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners and operators of any tire storage
				site or any tire disposal site who store used or waste tires within buildings
				must meet the requirements of this Section.
b) No used or waste tires shall be stored
				within a building unless:
1) the tires are
				drained of all water prior to placement in the building;
2) all of the building's windows and doors
				are in working order and are secured to prevent unauthorized access;
3) the building is fully enclosed and has a
				roof and sides that are impermeable to precipitation; and
4) the building is not a single family home
				or other residential building.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart B - MANAGEMENT STANDARDS › Section 848.205 - Pesticide Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners
				and operators of any tire storage site or any tire disposal site treating used
				or waste tires with pesticides must:
1) use a
				pesticide labeled for control of mosquito larvae unless an adult mosquito
				problem is identified;
2) maintain
				a record of pesticide use at the site that provides the following information
				for each application:
A) date of pesticide
				application;
B) number of used or
				waste tires treated;
C) amount of
				pesticide applied; and
D) type of
				pesticide used.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.301 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except to the
				extent exempted under subsection (b), the owners and operators of any tire
				storage site at which more than 60 tons of used or waste tires are located at
				any one time, as well as the owners and operators of any tire disposal site at
				which more than 60 tons of used or waste tires are located at any one time, are
				subject to this Subpart.
b) The
				owners and operators of any tire retreading facility are exempt from the tire
				tracking receipt requirements of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.302 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner and
				operator must keep the following records:
1)
				Daily Tire Record;
2) Annual Tire
				Summary; and
3) Tire Tracking
				Receipts.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.303 - Daily Tire Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator must maintain a Daily Tire Record at the site. The Daily Tire Record
				must include the day of the week, the date, the Agency designated site number,
				the site name and address, and the additional information required under this
				Section.
b) Information relative to
				the daily receipt and disposition of used and waste tires at the site must be
				recorded in the Daily Tire Record, including, but not limited to:
1) the name and registration number of each
				tire transporter who transported used or waste tires to the site during the
				operating day and the weight, in tons, of used or waste tires received at the
				site from the transporter during the operating day;
2) the name and registration number of each
				tire transporter who transported used or waste tires from the site during the
				operating day, the weight, in tons, of used or waste tires transported from the
				site by the transporter during the operating day, and the name, address, and
				telephone number of the destination facility;
3) the weight, in tons, of used or waste
				tires burned or combusted at the site during the operating day; and
4) the weight, in tons, of used or waste
				tires remaining at the site at the conclusion of the operating day.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.304 - Annual Tire Summary

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator must submit an Annual Tire Summary to the Agency for each calendar
				year. The Annual Tire Summary must be in a form prescribed by the Agency and
				must include the Agency designated site number, the site name and address, and
				the calendar year for which the summary applies.
b) Information relative to the annual receipt
				and disposition of used and waste tires at the site must be recorded in the
				Annual Tire Summary, including, but not limited to:
1) the weight, in tons, of used or waste
				tires received at the site during the calendar year;
2) the weight, in tons, of used or waste
				tires transported from the site during the calendar year;
3) the weight, in tons, of used or waste
				tires burned or combusted at the site during the calendar year; and
4) the weight, in tons, of used or waste
				tires remaining in storage at the site at the conclusion of the calendar
				year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.305 - Tire Tracking Receipts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receiving any used or waste tires at the site, the owner or operator must
				provide a receipt to the transporter and keep a copy of the receipt. The
				receipt must include all of the following: the signature of the owner or
				operator; the name and registration number of the tire transporter; the
				signature of the tire transporter; the name, address, and telephone number of
				the site where used or waste tires were received; the date the used or waste
				tires were received at the site; and the number or weight, in tons, of used or
				waste tires received at the site.
b) Upon transporting any used or waste tires
				from the site, the tire transporter must provide a receipt to the owner or
				operator and keep a copy of the receipt. The receipt must include all of the
				following: the signature of the owner or operator; the name and registration
				number of the tire transporter; the signature of the tire transporter; the date
				the used or waste tires were transported from the site; the number or weight,
				in tons, of used or waste tires transported from the site; and the destinations
				of the used or waste tires.
c)
				Owners and operators must maintain on site a record of the receipt and
				disposition of all used or waste tires, including, but not limited to:
1) receipts for any used or waste tires
				received at the site; and
2)
				receipts for any used or waste tires that are transported from the
				site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.306 - Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) All records,
				summaries, and reports submitted to the Agency as required by this Subpart must
				be signed by a person designated by the owner or operator as responsible for
				preparing and reviewing those documents as part of his or her duties in the
				regular course of business.
b) Any
				person signing a document submitted under this Part must make the following
				certification:
I certify that I am responsible for preparing and reviewing
				  this document and that this document and all attachments were prepared under my
				  direction or supervision as part of my duties in the regular course of
				  business. Based on my inquiry of the person or persons who manage the system,
				  or those persons directly responsible for gathering the information, the
				  information submitted is, to the best of my knowledge and belief, true,
				  accurate, and complete. I am aware that there are significant penalties under
				  Section 44 of the Environmental Protection Act including the possibility of
				  fine and imprisonment for knowingly submitting false
				  information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart C - RECORDKEEPING AND REPORTING › Section 848.307 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Copies of all records required to be kept under this Subpart
				  shall be retained by the owner and operator for three years and shall be made
				  available at the site during the normal business hours of the operator for
				  inspection and photocopying by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.400 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except to the extent exempted by subsection (b), owners and operators of any
				tire storage site and owners and operators of any tire disposal site must
				comply with this Subpart prior to storing or disposing of any used or waste
				tires.
b) Owners and operators of
				any tire storage site and owners and operators of any tire disposal site are
				exempt from this Subpart with respect to the following types of sites:
1) sites where the real estate of the site is
				owned by:
A) the United States or one of its
				agencies;
B) the State of Illinois
				or one of its agencies; or
C) a
				unit of local government;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.401 - Maintaining Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as otherwise provided in subsection (b), the owner or operator must at
				all times maintain financial assurance in an amount equal to or greater than
				the current approved removal cost estimate calculated pursuant to Section
				848.404.
b) Within 60 days after the occurrence of any
				event listed in this subsection (b), the owner or operator must increase the
				total amount of financial assurance to an amount that is equal to or greater
				than the current approved removal cost estimate calculated pursuant to Section
				848.404:
1) the current approved removal cost
				estimate increases; or
2) the value
				of a trust fund established pursuant to Section
				848.410
				decreases.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.402 - Release of Financial Institution

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must release a trustee, bank, surety or other
				  financial institution as soon as practicable after the owner or operator makes
				  a written request for release and demonstrates that either one of the following
				  events has occurred:
a) the owner or
				operator has substituted alternate financial assurance that meets the
				requirements of this Subpart such that the total financial assurance for the
				site is equal to or greater than the current approved removal cost estimate,
				without counting the amounts to be released; or
b) the Agency has released the owner or
				operator from the requirements of this Subpart following completion of
				removal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.403 - Application of Proceeds and Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency may sue in any court of competent jurisdiction to enforce its rights
				under financial instruments used to provide the financial assurance required
				under this Subpart. The filing of an enforcement action before the Board is not
				a condition precedent to such an Agency action, except when this Subpart or the
				terms of the instrument provide otherwise.
b) As provided in Titles VIII and IX of the
				Act and 35 Ill. Adm. Code 103 and 104, the Board may order that an owner or
				operator modify a removal plan or order that proceeds from financial assurance
				be applied to the execution of a removal plan.
c) The following Agency actions may be
				appealed to the Board as a permit denial pursuant to 35 Ill. Adm. Code 105:
1) a refusal to accept financial assurance
				tendered by the owner or operator;
2) a refusal to release the owner or operator
				from the requirement to maintain financial assurance;
3) a refusal to release excess funds from a
				trust;
4) a refusal to approve a
				reduction in the penal sum of a bond; or
5) a refusal to approve a reduction in the
				amount of a letter of credit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.404 - Removal Cost Estimate

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				later than January 1 of each year, the owner or operator must submit to the
				Agency, for approval, a written estimate of the cost of removing the maximum
				number of used and waste tires that will be accumulated at the site at any
				time. This cost estimate must be submitted by the owner or operator along with
				the annual notice of activity required under Section 55(d) of the
				Act.
b) In addition, the owner or
				operator must revise the removal cost estimate and submit the revised estimate
				for Agency approval before making or having made at the site any change that
				would increase the removal cost estimate, including, but not limited to, an
				increase in the maximum accumulation of used or waste tires that will be
				accumulated at the site at any one time.
c) The owner or operator must base the
				removal cost estimate on costs to the Agency under a contract to perform tire
				removal actions in the area in which the site is located.
d) The removal cost estimate must, at a
				minimum, include all costs for all activities necessary to remove all used and
				waste tires in accordance with all requirements of this Part.
e) Once the owner or operator has completed
				an activity described in subsection (c), the owner or operator may revise the
				removal cost estimate indicating that the activity has been completed, and
				zeroing that element of the removal cost estimate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.406 - Mechanisms for Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator may use any one of the following
				  mechanisms to provide financial assurance for removal of used and waste tires
				  or may use a combination of these mechanisms to the extent authorized under
				  Section
				  848.407:
a) a trust fund (Section
				848.410 );
b) a surety bond guaranteeing payment
				(Section 848.411 ); or
c) a letter
				of credit (Section
				848.413
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.407 - Use of Multiple Financial Mechanisms

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may satisfy the requirements of this
				  Subpart by establishing more than one financial mechanism listed in Section
				  848.406
				  per site. These mechanisms listed in Section 948.406 include trust funds,
				  surety bonds guaranteeing payment, and letters of credit. The mechanisms must
				  be as specified in Sections
				  848.410, 848.411, and
				  848.413,
				  respectively, except that it is the combination of mechanisms, rather than any
				  single mechanism, that must provide financial assurance for an amount at least
				  equal to the current approved removal cost estimate. An owner or operator that
				  uses a trust fund in combination with a surety bond or a letter of credit may
				  use the trust fund as the standby trust fund for the other mechanisms. A single
				  standby trust fund may be established for two or more mechanisms. The owner or
				  operator may use any or all of the mechanisms specified in Sections 848.410,
				  848.411, and 848.413 to provide for removal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.408 - Use of a Financial Mechanism for Multiple Sites

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may use a financial assurance mechanism
				  specified in this Subpart to meet the requirements of this Subpart for more
				  than one site. Evidence of financial assurance submitted to the Agency must
				  include a list showing, for each site, the name, address and the amount of
				  funds assured by the mechanism. The amount of funds available through the
				  mechanism must be no less than the sum of funds that would be available if a
				  separate mechanism had been established and maintained for each site. The
				  amount of funds available to the Agency must be sufficient to remove used and
				  waste tires from all of the owner or operator's sites.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.411 - Surety Bond Guaranteeing Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An owner or operator may satisfy the requirements of this Subpart by obtaining
				a surety bond that conforms to the requirements of this Section and submitting
				the bond to the Agency.
b) The
				surety company issuing the bond must, at a minimum, be among those listed as
				acceptable sureties on federal bonds in Circular 570 of the U.S. Department of
				the Treasury.
c) The surety bond
				must be on standardized forms prescribed by the Agency and must contain
				provisions concerning, at a minimum, the penal sum and term of the bond,
				conditions upon which the bond is payable and cancellable and payments into the
				standby trust fund.
d) An owner or
				operator who uses a surety bond must also establish a standby trust fund. Under
				the terms of the bond, all payments made under the surety bond must be
				deposited by the surety directly into the standby trust fund in accordance with
				instructions from the Agency. The standby trust fund must meet the requirements
				of a trust fund specified in Section
				848.410, except that:
1) the owner or operator must submit an
				originally signed duplicate of the trust agreement to the Agency with the
				surety bond; and
2) until the
				standby trust is funded pursuant to the requirements of this Section, none of
				the following are required:
A) payments into
				the trust fund as specified in Section 848.410;
B) updating the trust agreement schedule in
				Section
				848.410(c)
				to show the current approved removal cost estimates;
C) annual valuations as required by the trust
				agreement; or
D) notices of
				nonpayment as required by the trust agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart D - FINANCIAL ASSURANCE › Section 848.413 - Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may satisfy the requirements of this Subpart by obtaining an
				irrevocable standby letter of credit that conforms to the requirements of this
				Section and submitting the letter of credit to the Agency.
b) The issuing institution must be an 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.
c) Forms:
1)
				The letter of credit must be on standardized forms prescribed by the
				Agency.
2) The letter of credit
				must be accompanied by a letter from the owner or operator, referring to the
				letter of credit by number, issuing institution and date, and providing, at a
				minimum, the following information: the Agency designated site number, the name
				and address of the site, and the amount of funds assured for removal from the
				site by the letter of credit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.501 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a tire disposal site must obtain written approval from the Agency
				of a tire removal agreement submitted pursuant to this Subpart unless:
1)
the owner or operator has entered
				into a written agreement to participate in a consensual removal action under
				Section 55.3(c) of the Act
[514 ILCS 5/55(d)(2)(ii); or
2) the owner or operator has received a
				permit from the Agency pursuant to the requirements of Subtitle G: Waste
				Disposal for the disposal of solid waste at landfills.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.502 - Removal Performance Standard

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a tire disposal site
				  required to file and receive approval of a tire removal agreement
				  under
this Subpart E
shall remove used or waste tires from the
				  site in a manner that
:
a)
minimizes the need for further maintenance;
b)
removes all used and waste tires
				and any residues therefrom; and
c)
protects human health during the
				removal and post removal periods.
[415 ILCS
				5/55.4(a) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.503 - Contents of Proposed Tire Removal Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A proposed
tire removal agreement
				submitted to the Agency
for approval under this Subpart E
shall include the following:
1)
a complete inventory of the tires
				located on the site
;
2)
a
description of how the removal will be conducted in
				accordance with
Section
				848.502;
3)
a
description of
				the methods to be used during removal including, but not limited to, the
				methods for removing, transporting, processing, storing or disposing of tires
				and residues, and the offsite facilities to be used
;
4)
a detailed description of other
				activities necessary during the removal period to ensure that the requirements
				of
Section
				848.502
are met
; and
5)
a schedule of completing the removal of tires from the site, as
				required in
Section
				848.504
.
[415 ILCS
				5/55.4(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.504 - Time Allowed for Tire Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each approved tire removal agreement shall include a schedule by which
				the owner or operator must complete the removal activities. The total time
				allowed shall not exceed the following
:
1)
one year if the site contains
				1,000 tires or less;
2)
two years if the site contains more than 1,000 tires but less than
				10,000 tires;
3)
five years if the site contains 10,000 or more
				tires.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.505 - Removal Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) The removal
				plan is the approved tire removal agreement for the site, if one has been
				approved. Otherwise, the removal plan is the proposed tire removal
				agreement.
b) An owner or operator
				who has provided financial assurance based on a proposed agreement shall
				provide substitute financial assurance based on the approved plan within 90
				days after the Agency approves a tire removal agreement. This may consist of
				substitute financial assurance, or a letter from the financial institution
				acknowledging receipt of the approved plan and indicating no
				objection.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.506 - Initiation of Tire Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				owner or operator who is required to obtain financial assurance under this Part
				must submit a proposed tire removal agreement to the Agency that satisfies
				Sections
				848.502
				through
				848.505:
1) within 30 days after the date on which any
				tire disposal site or tire storage site receives the known final volume of used
				or waste tires; or
2) when the
				owner or operator fails to provide additional or substitute financial
				assurance, as required in this Part, and to obtain the Agency's written
				approval of the assurance provided, within 60 days after an increase in the
				current removal cost estimate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.507 - Certification of Removal Completion

Current through Register Vol. 48, No. 28, July 12, 2024
Within 60 days after the completion of removal
				  activities under an approved
tire removal
agreement
under this Subpart E,
the owner or operator shall submit to the Agency
				  a certification that the site or the affected portion of the site
subject to a tire removal agreement
has been cleared of tires in
				  accordance with the approved
tire removal
agreement
.
				  [415 ILCS
				  5/55.4(e) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.508 - Agency Approval

Current through Register Vol. 48, No. 28, July 12, 2024
For a site at which the owner or operator is
				  proposing to proceed with removal
under a tire removal agreement,
				  rather than obtaining a permit under 35 Ill. Adm. Code: Subtitle G: Waste
				  Disposal for the disposal of solid waste in a landfill,
the Agency
				  shall approve, modify or disapprove a proposed agreement within 90 days of
				  receiving it. If the Agency does not approve the agreement, the Agency shall
				  provide the owner or operator with a written statement of reasons for the
				  refusal, and the owner or operator shall modify the agreement or submit a new
				  agreement for approval within 30 days after receiving the statement. The Agency
				  shall approve or modify the second proposed agreement within 60 days. If the
				  Agency modifies the second proposed agreement, the agreement as modified shall
				  become the approved agreement.
[415 ILCS
				  5/55.4(c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart E - TIRE REMOVAL AGREEMENTS › Section 848.509 - Board Review

Current through Register Vol. 48, No. 28, July 12, 2024
Modification of or refusal to modify
a
				  proposed tire removal
agreement submitted by an owner or operator
				  proposing to proceed with removal
is a permit denial for
				  purposes of
appeal pursuant to 35 Ill. Adm. Code 105. [415 ILCS
				  5/55.4(f) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.601 - Tire Transportation Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (c), no
				person shall transport more than 20 used or waste tires in a vehicle at any one
				time unless the following requirements are met:
1) the person either is registered as a tire
				transporter with the Agency or an employee of a person that is registered as a
				tire transporter with the Agency and, in either case, the registration is
				current, valid, and in effect;
2)
				the vehicle displays a placard, issued by the Agency, in accordance with the
				requirements of this Subpart;
3)
				the portion of the vehicle where the tires are transported is completely
				separated from the vehicle's passenger compartment; and
4) if the person was required to submit an
				Annual Tire Transportation Report in the immediately preceding year, the person
				submitted that report to the Agency in accordance with the requirements of
				Section 848.609.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.602 - Tire Transportation Registrations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Tire transportation registrations must be
				submitted on registration forms prescribed by the Agency that, at a minimum,
				shall require submission of the following information:
1) the name, address, and telephone number of
				the person seeking registration;
2)
				a description of the number and types of vehicles to be used, proof of
				liability insurance for those vehicles, and, if any of the vehicles to be used
				are required to obtain a certificate of safety under Chapter 13 of the Illinois
				Vehicle Code [625 ILCS 5 ], a copy of the current certificate of safety for the
				vehicle; and
3) an agreement by the
				person seeking registration that:
A) tire
				loading, transportation, and unloading will be conducted in compliance with all
				applicable state and federal laws and regulations;
B) no used or waste tires will be transported
				with other wastes on one vehicle if that activity could result in a hazardous
				combination likely to cause explosion, fire, or release of a dangerous or toxic
				gas, or in violation of any applicable state or federal law or regulation;
				and
C) the equipment and procedures
				to be used will be proper for the tire transportation to be safe for the
				transporters, handlers, and others, and will meet the requirements of all other
				applicable state and federal laws and regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.603 - Agency Approval of Registrations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Tire transporter registrations are deemed
				to be filed on the date of initial receipt by the Agency of a properly
				completed registration form prescribed by the Agency. The Agency must reject
				any incomplete registration form and notify the person seeking registration
				that the registration form is incomplete. That person may treat the Agency's
				notification of an incomplete registration form as a final action denying
				approval of the registration for purposes of review pursuant to Section 40 of
				the Act.
b) If the Agency fails to
				take final action approving or denying approval of a registration within 90
				days from the filing of the completed form, the person seeking registration may
				deem the registration approval granted for a period of one calendar year
				commencing on the 91st day after the application was
				filed.
c) The Agency is deemed to
				have taken final action on the date that the notice of final action is
				mailed.
d) Before approving a
				registration, the Agency must consider whether the registration is complete and
				consistent with the provisions of the Act and Board regulations and may
				undertake such investigations and request the person seeking registration to
				furnish such proof as it deems necessary to verify the information and
				statements made in the registration. If the registration is complete and the
				approval of it will not cause a violation of the Act or Board regulations, the
				Agency must approve the registration. Notwithstanding any other provision of
				this subsection (d), the Agency must deny a person's registration if, within
				the 5 years immediately preceding the date upon which the registration is filed
				with the Agency:
1) the person caused or
				allowed the open dumping of used or waste tires in violation of Section
				55(a)(1) of the Act; or
2) the
				Agency has taken or is taking preventive or corrective action pursuant to
				Section 55.3 of the Act because the person caused or allowed the open dumping
				of used or waste tires in violation of Section 55(a)(1) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.604 - Registration No Defense

Current through Register Vol. 48, No. 28, July 12, 2024
The existence of an approved tire transporter registration
				  under this Subpart does not provide any person with a defense to a violation of
				  the Act or Board regulations, except for transporting used or waste tires
				  without an approved tire transporter registration.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.605 - Duration and Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				registrations approved hereunder are effective for a period of two years from
				the date of approval and are renewable, except as provided in Section
				848.603(b) and
				(i).
b) Applications for registration renewal must
				be made at least 90 days prior to the expiration date of the registration on
				the forms prescribed by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.606 - Vehicle Placarding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				approval of a registration as a tire transporter, the transporter must place,
				on opposite sides of each vehicle, a placard that displays a number issued by
				the Agency following the words "Registered Tire Transporter:
				(number)".
b) Directly adjacent to
				the words and number, the transporter must display a seal furnished by the
				Agency that designates the date on which the registration expires.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.607 - Tire Tracking Receipts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receiving used or waste tires, a tire transporter must provide a receipt to the
				person from whom the used or waste tires are received. The person from whom the
				used or waste tires are received and the tire transporter must each keep a copy
				of the receipt. The receipt must include all of the following: the signature of
				the person from whom the used or waste tires are received; the tire
				transporter's signature; the name and registration number of the tire
				transporter; the name, address, and telephone number of the site from which
				used or waste tires were transported; the date the used or waste tires were
				transported from the site; the number or weight, in tons, of used or waste
				tires transported from the site; and the destinations of the used or waste
				tires.
b) Upon delivering used or
				waste tires, a tire transporter must obtain a receipt from the site where the
				used or waste tires were delivered and keep a copy of the receipt. The receipt
				must include all of the following: the tire transporter's signature; the name
				and registration number of the tire transporter; the name and location of the
				site to which used or waste tires were delivered; the signature of the owner or
				operator of the site to which used or waste tires were delivered; the date the
				used or waste tires were delivered to the site; and the number or weight, in
				tons, of used or waste tires delivered to the site.
c) Tire transporters must maintain at their
				principal place of business a record of the receipt and disposition of all used
				or waste tires, including, but not limited to, both:
1) receipts for used or waste tires received
				by that person; and
2) receipts for
				used or waste tires delivered by that person. In addition, persons delivering
				used or waste tires to a tire transporter for transport must maintain at their
				principal place of business a copy of the receipts provided by tire
				transporters pursuant to subsection (a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.608 - Annual Tire Transportation Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who is required to be
				registered under this Subpart must submit an Annual Tire Transportation Report
				to the Agency for each calendar year in which they are required to be
				registered. The Annual Tire Transportation Report must be in a form prescribed
				by the Agency and must include the Agency designated registration number of the
				transporter, the name and address of the transporter, and the calendar year for
				which the report applies.
b)
				Information relative to the transportation of used and waste tires by the
				transporter must be recorded in the Annual Tire Transportation Report,
				including, but not limited to:
1) the number
				or weight, in tons, of used or waste tires received by the transporter during
				the calendar year;
2) the number or
				weight, in tons, of used or waste tires delivered to each site by the
				transporter during the calendar year; and
3) the number or weight, in tons, of used or
				waste tires remaining with the transporter at the end of the calendar
				year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.609 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Copies of all records required to be kept under this Subpart
				  shall be retained for three years by the person required to retain the record
				  and shall be made available at the site during the normal business hours of the
				  operator for inspection and photocopying by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart F - TIRE TRANSPORTATION REQUIREMENTS › Section 848.610 - Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) All reports
				submitted to the Agency as required by this Subpart must be signed by a person
				designated by the transporter as responsible for preparing and reviewing these
				documents as part of his or her duties in the regular course of
				business.
b) Any person signing a
				document submitted to the Agency pursuant to this Subpart must make the
				following certification:
"I certify that I am responsible for preparing and reviewing
				  this document and that this document and all attachments were prepared under my
				  direction or supervision as part of my duties in the regular course of
				  business. Based on my inquiry of the person or persons who manage the system,
				  or those persons directly responsible for gathering the information, the
				  information submitted is, to the best of my knowledge and belief, true,
				  accurate, and complete. I am aware that there are significant penalties under
				  Section 44 of the Environmental Protection Act, including the possibility of
				  fine and imprisonment for knowingly submitting false
				  information."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart G - TIRE STORAGE PERMITS › Section 848.701 - Tire Storage Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Beginning July 1, 2016, no person shall cause or allow the operation of
				a tire storage site that contains used tires totaling more than 10,000
				passenger tire equivalents, or at which more than 500 tons of used tires are
				processed in a calendar year, without a Tire Storage Permit issued by the
				Agency
pursuant to this Subpart G. [415
				ILCS 5/55 (d-5)]
b) All applications for Tire Storage Permits
				must be submitted to the Agency at least 90 days before the date on which the
				permit is required; however, the Agency may waive this requirement, in writing,
				for good cause.
c) All Tire Storage
				Permits granted pursuant to this Subpart G remain in effect unless terminated
				by operation of law pursuant to subsection (d), revoked, superseded, or
				modified.
d) If a permittee ceases
				operation of a tire storage site that is required to be permitted under this
				Subpart, the permittee must notify the Agency in writing within 15 days after
				it ceases operation of the site. On the 15th day
				after the permittee ceases operation of the site, the permit shall be deemed
				terminated by operation of law.