reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.120 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applying for a UIC Permit. Any person that is required to have a permit
				(including new applicants and permittees with expiring permits) must complete,
				sign, and submit an application to the Agency as described in this Section and
				in 35 Ill. Adm. Code
				704.161(UIC).
				Any person that is currently authorized with UIC authorization by rule (Subpart
				C of 35 Ill. Adm. Code 704) must apply for a permit when required to do so by
				the Agency. The procedure for application, issuance, and administration of an
				emergency permit is found exclusively in 35 Ill. Adm. Code
				704.163(UIC).
b) Applying for a RCRA Permit. The following
				information outlines how to obtain a permit and where to find requirements for
				specific permits:
1) If the facility is
				covered by RCRA permits by rule (35 Ill. Adm. Code
				703.141 ), the
				owner or operator needs not apply for a permit.
2) If the facility owner or operator
				currently has interim status pursuant to RCRA (Subpart C of 35 Ill. Adm. Code
				703), it must apply for a permit when required by the Agency.
3) If the facility owner or operator is
				required to have a permit (including new applicants and permittees with
				expiring permits), it must complete, sign, and submit an application to the
				Agency, as described in this Section; in Sections
				702.121 through
				702.124; and in 35
				Ill. Adm. Code
				703.125,
				703.126,
				703.150
				through
				703.157,
				703.186, and
				703.188.
4) If the facility owner or operator is
				seeking an emergency permit, the procedures for application, issuance, and
				administration are found exclusively in 35 Ill. Adm. Code
				703.220.
5) If the facility owner or operator is
				seeking a research, development, and demonstration permit, the procedures for
				application, issuance, and administration are found exclusively in 35 Ill. Adm.
				Code
				703.231.
6) If the facility owner or operator is
				seeking a RCRA standardized permit, the procedures for application and issuance
				are found in Subpart G of 35 Ill. Adm. Code 705 and Subpart J of 35 Ill. Adm.
				Code 703.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.121 - Who Applies

Current through Register Vol. 48, No. 28, July 12, 2024
When a facility or activity is owned by one person but is
				  operated by another person, it is the operator's duty to obtain a permit,
				  except that the owner must also sign the permit application.
BOARD NOTE: Derived from
					 40 CFR
					 144.31(b)(1993) and
					 270.10(b)(1992).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.122 - Completeness

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must not issue a permit under a program (RCRA or
				  UIC) before receiving a complete application for a permit under that
				  program
,
except for emergency permits. An application
				  for a permit under a program is complete when the Agency receives an
				  application form and any supplemental information that is completed to its
				  satisfaction. (35 Ill. Adm. Code
				  705.122
				  ). An application for a permit is complete notwithstanding the failure of the
				  owner or operator to submit the exposure information described in 35 Ill. Adm.
				  Code
				  703.186(RCRA).
BOARD NOTE: Derived from
					 40 CFR
					 144.31(d) and
					 270.10(c)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.123 - Information Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant for a RCRA or UIC Class I, III, or V permit must
				  provide the following information to the Agency, using the application form
				  provided by the Agency (additional information required of applicants is set
				  forth in Subpart D of 35 Ill. Adm. Code 703 (RCRA) and 35 Ill. Adm. Code
				  704.161(UIC)
				  ). An applicant for a Class VI injection well permit must follow the criteria
				  provided in 35 Ill. Adm. Code
				  730.182.
a) The activities conducted by the applicant
				that require it to obtain a permit under RCRA or UIC.
b) The name, mailing address, and location of
				the facility for which the application is submitted.
c) Up to four SIC codes that best reflect the
				principal products or services provided by the facility.
d) The operator's name, address, telephone
				number, ownership status, and status as Federal, State, private, public, or
				other entity.
e) This subsection
				(e) corresponds with
				40 CFR
				144.31(e)(5) and
				270.13(f),
				relating to facilities on Indian lands. The Board has replaced the
				corresponding federal text with this statement to maintain structural parity
				with the corresponding federal rules.
f) A listing of all permits or construction
				approvals received or applied for under any of the following programs:
1) The hazardous waste management program
				under RCRA, this Part, and 35 Ill. Adm. Code 703;
2) The UIC program under SDWA, this Part, and
				35 Ill. Adm. Code 704;
3) The
				National Pollutant Discharge Elimination System (NPDES) program under the
				federal CWA (
				33 USC
				1251 et seq.) and 35 Ill. Adm. Code
				309;
4) The Prevention of
				Significant Deterioration (PSD) program under the federal Clean Air Act (
				42 USC
				7401 et seq.);
5) The nonattainment program under the
				federal Clean Air Act;
6) The
				National Emission Standards for Hazardous Pollutants (NESHAPs) preconstruction
				approval under the federal Clean Air Act;
7) Any ocean dumping permits under the
				federal Marine Protection Research and Sanctuaries Act (
				33 UCS
				1401 et seq.);
8) Any dredge or fill permits under Section
				404 of CWA (
				33 USC
				1344 ); and
9) Any other relevant environmental permits,
				including any State-issued permits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.124 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant must keep records of all data used to complete
				  permit applications and any supplemental information submitted pursuant to 35
				  Ill. Adm. Code
				  702.123,
				  Subpart D of 35 Ill. Adm. Code 703 (RCRA); and 35 Ill. Adm. Code
				  704.161(UIC)
				   for a period of at least three years from
				  the date the application is signed.
BOARD NOTE: Derived from
					 40 CFR
					 144.31(f) and
					 270.10(i)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.125 - Continuation of Expiring Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The conditions of an expired permit
				continue in force until the effective date of a new permit (see 35 Ill. Adm.
				Code
				705.201 )
				if both of the following conditions are fulfilled:
1) The permittee has submitted a timely
				application pursuant to 35 Ill. Adm. Code
				703.181(RCRA)
				or
				704.161(UIC)
				that is a complete (pursuant to Section
				702.122 )
				application for a new permit; and
2) The Agency, through no fault of the
				permittee, does not issue a new permit with an effective date pursuant to 35
				Ill. Adm. Code
				705.201 on
				or before the expiration date of the previous permit (for example, when
				issuance is impracticable due to time or resource constraints).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart B - PERMIT APPLICATIONS › Section 702.126 - Signatories to Permit Applications and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications. A permit application must be
				signed as follows:
1) For a corporation: a
				permit application must be signed by a responsible corporate officer. For the
				purpose of this Section, a responsible corporate officer means either of the
				following persons:
A) A president, secretary,
				treasurer, or vice president of the corporation in charge of a principal
				business function, or any other person that performs similar policy or
				decision-making functions for the corporation; or
B) The manager of one or more manufacturing,
				production, or operating facilities employing more than 250 persons or having
				gross annual sales or expenditures exceeding $25 million (in second-quarter
				1980 dollars), if authority to sign documents has been assigned or delegated to
				the manager in accordance with corporate procedures;
BOARD NOTE: The Board does not require specific assignments
				  or delegations of authority to responsible corporate officers identified in
				  subsection (a)(l)(A). The Agency will presume that these responsible corporate
				  officers have the requisite authority to sign permit applications unless the
				  corporation has notified the Agency to the contrary. Corporate procedures
				  governing authority to sign permit applications may provide for assignment or
				  delegation to applicable corporate positions pursuant to subsection (a)(l)(B),
				  rather than to specific individuals.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.140 - Conditions Applicable to all Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The conditions of this Subpart C apply to all RCRA and UIC
				  permits. For additional conditions applicable to all permits for each of the
				  programs individually, see Subpart F of 35 Ill. Adm. Code 703 (RCRA) and
				  Subpart E of 704 (UIC). All conditions applicable to all permits, and all
				  additional conditions applicable to all permits for individual programs must be
				  incorporated into the permits either expressly or by reference. If incorporated
				  by reference, a specific citation to these regulations must be given in the
				  permit.
BOARD NOTE: Derived from
					 40 CFR
					 144.51 preamble and 270.30 preamble
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.141 - Duty to Comply

Current through Register Vol. 48, No. 28, July 12, 2024
The permittee must comply with all conditions of its permit.
				  Any permit noncompliance constitutes a violation of the Illinois Environmental
				  Protection Act and is grounds for one or more of the following actions: for an
				  enforcement action, for permit revocation or modification, or for denial of a
				  permit renewal application.
BOARD NOTE: Sections
					 703.242(RCRA)
					  and
					 704.181(a)
					 (UIC) contain additional information on
					 operation under an emergency permit. Derived from
					 40 CFR
					 144.51(a) and
					 270.30(a)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.142 - Duty to Reapply

Current through Register Vol. 48, No. 28, July 12, 2024
If a permittee wishes to continue an activity regulated by
				  its permit after the expiration date of the permit, the permittee must apply
				  for and obtain a new permit.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(b) and
					 270.30(b)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.143 - Need to Halt or Reduce Activity Not a Defense

Current through Register Vol. 48, No. 28, July 12, 2024
It will not be a defense for a permittee in an enforcement
				  action that it would have been necessary to halt or reduce the permitted
				  activity in order to maintain compliance with the conditions of its
				  permit.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(c) and
					 270.30(c)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.144 - Duty to Mitigate

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				RCRA permits, in the event of noncompliance with its permit, the permittee must
				take all reasonable steps to minimize releases to the environment, and must
				carry out such measures as are reasonable to prevent significant adverse
				impacts on human health or the environment.
b) For UIC permits, the permittee must take
				all reasonable steps to minimize or correct any adverse impact on the
				environment resulting from non-compliance with its permit.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(d) and
					 270.30(d)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.145 - Proper Operation and Maintenance

Current through Register Vol. 48, No. 28, July 12, 2024
The permittee must at all times properly operate and maintain
				  all facilities and systems of treatment and control (and related appurtenances)
				  that are installed or used by the permittee to achieve compliance with the
				  conditions of its permit. Proper operation and maintenance includes effective
				  performance, adequate funding, adequate operator staffing and training, and
				  adequate laboratory and process controls, including appropriate quality
				  assurance procedures. Proper operation and maintenance requires the operation
				  of backup or auxiliary facilities or similar systems only when necessary to
				  achieve compliance with the conditions of the permit.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(e) and
					 270.30(e)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.146 - Permit Actions

Current through Register Vol. 48, No. 28, July 12, 2024
A permit may be modified or revoked for cause. The filing of
				  a request by the permittee for a permit modification or reissuance, or a
				  notification of planned changes or anticipated noncompliance, does not stay any
				  permit condition.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(f) and
					 270.30(f)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.147 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
A permit conveys no property rights of any sort, nor does a
				  permit convey any exclusive privilege.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(g) and
					 270.30(g)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.148 - Duty to Provide Information

Current through Register Vol. 48, No. 28, July 12, 2024
A permittee must furnish to the Agency, within a reasonable
				  time, any relevant information that the Agency may request to determine whether
				  cause exists for modifying or reissuing this permit or to determine compliance
				  with this permit. The permittee must also furnish to the Agency, upon request,
				  copies of records required to be kept by this permit.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(h) and
					 270.30(h)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.149 - Inspection and Entry

Current through Register Vol. 48, No. 28, July 12, 2024
A permittee must allow an authorized representative of the
				  Agency, upon the presentation of credentials and other documents as may be
				  required by law, to do any of the following:
a) Enter at reasonable times upon the
				permittee's premises where a regulated facility or activity is located or
				conducted, or where records must be kept under the conditions of this
				permit;
b) Have access to and copy,
				at reasonable times, any records that must be kept under the conditions of this
				permit;
c) Inspect at reasonable
				times any facilities, equipment (including monitoring and control equipment),
				practices, or operations regulated or required under this permit; and
d) Sample or monitor at reasonable times, for
				the purposes of assuring permit compliance or as otherwise authorized by the
				appropriate Act, any substances or parameters at any location.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(i) and
					 270.30(i)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.150 - Monitoring and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Samples and measurements taken for the purpose of monitoring must be
				representative of the monitored activity.
b) The permittee must retain records of all
				monitoring information, including all calibration and maintenance records and
				all original strip chart recordings for continuous monitoring instrumentation;
				copies of all reports required by its permit; and records of all data used to
				complete the application for its permit for a period of at least three years
				from the date of the sample, measurement, report, or application. This period
				may be extended by request of the Agency at any time.
c) Records of monitoring information must
				include all of the following information:
1)
				The date, exact place, and time of sampling or measurements;
2) The individuals who performed the sampling
				or measurements;
3) The dates
				analyses were performed;
4) The
				individuals who performed the analyses;
5) The analytical techniques or methods used;
				and
6) The results of such
				analyses.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.151 - Signature Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All applications, reports, or information submitted to the
				  Agency must be signed and certified in accordance with Section
				  702.126.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(k) and
					 270.30(k)
					 (2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.152 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Planned Changes. The permittee must give notice to the Agency as soon as
				possible of any planned physical alterations or additions to the permitted
				facility.
b) Anticipated
				Noncompliance. The permittee must give advance notice to the Agency of any
				planned changes in the permitted facility or activity that may result in
				noncompliance with permit requirements. For RCRA, see also 35 Ill. Adm. Code
				703.247.
c) Transfers. This permit is not transferable
				to any person, except after notice to the Agency. The Agency may require
				modification of the permit to change the name of the permittee and incorporate
				such other requirements as may be necessary under the appropriate Act. (See
				Sections
				702.182 and
				702.183, in some
				cases modification is mandatory.)
d) Monitoring Reports. Monitoring results
				must be reported at the intervals specified in the permit.
e) Compliance Schedules. Reports of
				compliance or non-compliance with, or any progress reports on, interim and
				final requirements contained in any compliance schedule of the permit must be
				submitted no later than specified in Section
				702.162.
f) Twenty-four hour reporting as required in
				35 Ill. Adm. Code
				703.245
				or
				704.181(d).
g) Other Noncompliance. The permittee must
				report all instances of noncompliance not reported under subsections (d), (e),
				and (f) at the time monitoring reports are submitted. The reports must contain
				the information referenced in subsection (f).
h) Other Information. If the permittee
				becomes aware that it failed to submit any relevant facts in a permit
				application or that it submitted incorrect information in a permit application
				or in any report to the Agency, the permittee must promptly submit such facts
				or information.
BOARD NOTE: Derived from
					 40 CFR
					 144.51(l) and
					 270.30(l).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.160 - Establishing Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to conditions required in
				permits for both programs (Sections
				702.140
				through
				702.152 ),
				the Agency must establish conditions in RCRA and UIC permits, as required on a
				case-by-case basis, pursuant to Section
				702.150
				(monitoring and records),
				702.161
				(duration of permits), Section
				702.162
				(schedules of compliance), Section
				702.163
				(alternate schedules of compliance), and Section
				702.164
				(Recording and Reporting). For UIC only, permits for owners and operators of
				hazardous waste injection wells must include conditions meeting the
				requirements of 35 Ill. Adm. Code
				704.201
				through
				704.203
				(requirements for wells injecting hazardous waste),
				704.189
				(financial responsibility), and
				704.191
				(additional conditions), and Subpart G of 35 Ill. Adm. Code 730 (criteria and
				standards applicable to Class I hazardous waste injection wells). Permits for
				other wells must contain the requirements set forth in Subpart E of 35 Ill.
				Adm. Code 704 (permit conditions) when applicable.
b) Additional conditions.
1) In addition to conditions required in all
				permits for a particular program (Subpart F of 35 Ill. Adm. Code 703 for RCRA
				and Subpart C of 35 Ill. Adm. Code 704 for UIC), the Agency must establish
				conditions in permits for the individual programs, as required on a
				case-by-case basis, to provide for and assure compliance with all applicable
				requirements of the appropriate Act and regulations.
2) An applicable requirement is a statutory
				or regulatory requirement that takes effect prior to final administrative
				disposition of a permit. The provisions of 35 Ill. Adm. Code
				705.184
				(reopening of comment period) provide a means for reopening permit proceedings
				at the discretion of the Agency where new requirements become effective during
				the permitting process and are of sufficient magnitude to make additional
				proceedings desirable. An applicable requirement is also any requirement that
				takes effect prior to the modification of a permit, to the extent allowed in 35
				Ill. Adm. Code
				705.201.
3) A new or reissued permit, and a modified
				permit to the extent allowed pursuant to 35 Ill. Adm. Code 705.201, must
				incorporate each of the applicable requirements referenced in Subpart F of 35
				Ill. Adm. Code 703 (RCRA) and Subpart E of 35 Ill. Adm. Code 704
				(UIC).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.161 - Duration of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Permit duration.
1) RCRA. A RCRA permit must
				be effective for a fixed term to be determined by the Agency on a case-by-case
				basis, but not to exceed 10 years.
2) UIC. A UIC permit for a Class I or Class V
				injection well must be effective for a fixed term to be determined by the
				Agency on a case-by-case basis, but not to exceed 10 years. A UIC permit for a
				Class III injection well must be issued for a period not to exceed five years;
				provided, however, that the Agency must, without requiring a new application,
				renew such permits for a period not to exceed five years per renewal, up to the
				operating life of the facility, unless the Agency determines that the permit
				should be modified, reissued, or a minor modification made, as provided in
				Sections
				702.183
				through
				702.187, in
				which case the permittee must file a new permit application. A UIC permit for a
				Class VI injection well must be issued for a period not to exceed five years;
				provided, however, that the Agency must, without requiring a new application,
				renew a Class VI injection well permit for a period not to exceed five years
				per renewal, up to the operating life of the facility and the post-injection
				site care period, unless the Agency determines that the permit should be
				modified, reissued, or a minor modification made, as provided in Sections
				702.183
				through 702.187, in which case the permittee must file a new permit
				application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.162 - Schedules of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
The permit may, when appropriate, specify a schedule of
				  compliance leading to compliance with the appropriate act and
				  regulations.
a) Time for Compliance.
				Any schedules of compliance pursuant to this Section must require compliance as
				soon as possible. For UIC, in addition, schedules of compliance must require
				compliance not later than three years after the effective date of the
				permit.
b) Interim Dates. If a
				permit establishes a schedule of compliance that exceeds one year from the date
				of permit issuance, the schedule must set forth interim requirements and the
				dates for their achievement.
1) The time
				between interim dates must not exceed one year.
2) If the time necessary for completion of
				any interim requirement (such as the construction of a control facility) is
				more than one year and is not readily divisible into stages for completion, the
				permit must specify interim dates for the submission of reports of progress
				toward compliance of the interim requirements and indicate a projected
				completion date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.163 - Alternative Schedules of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
A RCRA or UIC permit applicant or permittee may cease
				  conducting regulated activities (by receiving a terminal volume of hazardous
				  waste and, for treatment or storage HWM facilities, by closing pursuant to
				  applicable requirements; for disposal HWM facilities, by closing and conducting
				  post-closure care pursuant to applicable requirements; or, for UIC wells, by
				  plugging and abandonment), rather than continuing to operate and meet permit
				  requirements as follows:
a) If the
				permittee decides to cease conducting regulated activities at a given time
				within the term of a permit that has already been issued, either of the
				following must occur:
1) The permit may be
				modified to contain a new or additional schedule leading to timely cessation of
				activities; or
2) The permittee
				must cease conducting permitted activities before noncompliance with any
				interim or final compliance schedule requirement already specified in the
				permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart C - PERMIT CONDITIONS › Section 702.164 - Recording and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
A permit must specify the following:
a) Requirements as to the proper use,
				maintenance, and installation, when appropriate, of monitoring equipment or
				methods (including biological monitoring methods, when appropriate);
b) Required monitoring, including type,
				intervals, and frequency sufficient to yield data that are representative of
				the monitored activity including, when appropriate, continuous monitoring;
				and
c) Applicable reporting
				requirements based on the impact of the regulated activity and as specified in
				35 Ill. Adm. Code 724 (RCRA) and 35 Ill. Adm. Code 730 (UIC). Reporting must be
				no less frequent than specified in the above regulations.
BOARD NOTE: Derived from
					 40
					 CFR 144.54 and
					 270.31(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.181 - Effect of a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				existence of a RCRA or UIC permit does not constitute a defense to a violation
				of the Environmental Protection Act or this Subtitle G, except for prohibitions
				against development, modification, or operation without a permit. A permit may
				be modified or reissued during its term for cause, as set forth in Subpart G of
				35 Ill. Adm. Code 703 (RCRA) or Subpart H of 35 Ill. Adm. Code 704 (UIC) and
				Section
				702.186, or a permit
				may be modified upon the request of the permittee, as provided by 35 Ill. Adm.
				Code
				703.280
				through
				703.283.
BOARD NOTE:
				  40 CFR
				  270.4(a) differs from this
				  subsection (a) in two significant aspects: (1)
				  40 CFR
				  270.4(a)(1) states that
				  compliance with the permit is compliance with federal law; and (2)
				  40 CFR 270.4(a)(1)(i) through
				  (a)(1)(iv) enumerate exceptions when
				  compliance with the permit can violate federal law. The exceptions under which
				  compliance with a permit can violate federal law are the following intervening
				  events: (1) new or amended statutory requirements; (2) new or amended 40 CFR
				  268 land disposal restrictions; (3) the adoption of the 40 CFR 264 leak
				  detection requirements; and (4) the adoption of the air emissions limitations
				  of subparts AA, BB, and CC of 40 CFR 265. By not codifying the federal
				  exceptions, since they are not necessary in the Illinois program to accomplish
				  the intended purpose, the Board does not intend to imply that compliance with a
				  RCRA permit obviates immediate compliance with any of the events included in
				  the federal exceptions.
b)
				The issuance of a permit does not convey property rights of any sort, nor does
				issuance convey any exclusive privilege.
c) The issuance of a permit does not
				authorize injury to persons or property or invasion of other private rights,
				nor does issuance authorize any infringement of State or local law or
				regulations, except as noted in subsection (a).
BOARD NOTE: Derived from
					 40 CFR 144.35
					 and 40 CFR 270.4(2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.182 - Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
For RCRA, see 35 Ill. Adm. Code
				  703.260. For
				  UIC, see 35 Ill. Adm. Code
				  704.260.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.183 - Modification

Current through Register Vol. 48, No. 28, July 12, 2024
For RCRA, see 35 Ill. Adm. Code
				  703.270.
				  For UIC, see 35 Ill. Adm. Code
				  704.261.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.184 - Causes for Modification

Current through Register Vol. 48, No. 28, July 12, 2024
For RCRA, see 35 Ill. Adm. Code
				  703.271
				  and
				  703.272.
				  For UIC, see 35 Ill. Adm. Code
				  704.262.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.185 - Facility Siting

Current through Register Vol. 48, No. 28, July 12, 2024
For RCRA, see 35 Ill. Adm. Code
				  703.273. For UIC,
				  see 35 Ill. Adm. Code
				  704.263.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.186 - Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will revoke a permit during its term in accordance
				  with Title VIII of the Environmental Protection Act for the following
				  causes:
a) The permittee's violation
				of the Environmental Protection Act or regulations adopted
				thereunder;
b) Noncompliance by the
				permittee with any condition of the permit;
c) The permittee's failure in the application
				or during the permit issuance process to disclose fully all relevant facts, or
				the permittee's misrepresentation of any relevant facts at any time;
				or
d) A determination that the
				permitted activity endangers human health or the environment and can only be
				regulated to acceptable levels by permit modification, reissuance, or
				revocation.
BOARD NOTE: Derived from
					 40 CFR
					 270.43 and
					 144.40
					 (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart D - ISSUED PERMITS › Section 702.187 - Minor Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
For RCRA, see 35 Ill. Adm. Code
				  703.280.
				  For UIC, see 35 Ill. Adm. Code
				  704.264.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 703.100 - Scope and Relation to Other Parts

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part requires RCRA permits, pursuant
				to Section 21(f) of the Environmental Protection Act [415 ILCS
				5/21(f) ], for hazardous waste
				management (HWM) facilities, which may include one or more treatment, storage,
				or disposal (TSD) units. This Part also contains specific rules on applications
				for and issuance of RCRA permits;
b) The provisions of 35 Ill. Adm. Code 702
				contain general provisions on applications for and issuance of RCRA permits.
				The provisions of 35 Ill. Adm. Code 705 contain procedures to be followed by
				the Illinois Environmental Protection Agency (Agency) in issuing RCRA
				permits;
c) The definitions of 35
				Ill. Adm. Code
				702.110
				apply to this Part. 35 Ill. Adm. Code 720 contains definitions applicable to
				the RCRA operating standards of 35 Ill. Adm. Code 720 through 728, 733, 738,
				and 739. 35 Ill. Adm. Code 721 defines "solid waste" and "hazardous
				waste";
d) The standards of 35 Ill.
				Adm. Code 724 and 725 apply to HWM facilities required to have RCRA permits.
				The provisions of 35 Ill. Adm. Code 722 and 723 contain standards applicable to
				generators and transporters of hazardous waste.
e) The standards of 35 Ill. Adm. Code 727 set
				forth the specific procedural requirements for a RCRA standardized permit,
				which alter the applicability of this Part and 35 Ill. Adm. Code 702 and 705 in
				several regards as specified in the affected provisions. A TSD that is
				otherwise subject to permitting under RCRA and which meets the criteria in
				subsection (e)(1) or (e)(2) of this Section, may be eligible for a RCRA
				standardized permit pursuant to Subpart J of this Part.
1) The facility generates hazardous waste and
				then non-thermally treats or stores hazardous waste on-site in tanks,
				containers, or containment buildings; or
2) The facility receives hazardous waste
				generated off-site by a generator under the same ownership as the receiving
				facility, and the facility stores or non-thermally treats the hazardous waste
				in containers, tanks, or containment buildings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 703.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
				this Part is to provide for the issuance of RCRA permits to satisfy the permit
				requirement of Section 21(f) of the Environmental Protection Act [415 ILCS
				5/21(f) ];
b) This Part is adopted in order to obtain
				final authorization from the United States Environmental Protection Agency
				(USEPA) for the State of Illinois to participate in permit issuance pursuant to
				the federal Resource Conservation and Recovery Act (RCRA) (
				42 USC
				6901 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 703.102 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
The filing of any document pursuant to any provision of this
				  Part as an electronic document is subject to 35 Ill. Adm. Code
				  720.104.
BOARD NOTE: Derived from 40 CFR 3, as added, and
					 40 CFR
					 271.10(b),
					 271.11(b),
					 and
					 271.12(h)
					 (2005), as amended at 70 Fed. Reg. 59848 (Oct. 13,
					 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 703.110 - References

Current through Register Vol. 48, No. 28, July 12, 2024
35 Ill. Adm. Code
				  720.111
				  lists all documents incorporated by reference for the Illinois RCRA and UIC
				  programs.
BOARD NOTE: This Section corresponds with
					 40
					 CFR
					 270.6.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.120 - Prohibitions in General

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Violation of the provisions of this Subpart may result in an enforcement action
				and sanctions pursuant to Titles VIII and XII of the Environmental Protection
				Act;
b) This Subpart B serves the
				following functions:
1) It prohibits the
				conduct of hazardous waste management operations without a RCRA permit
				(Sections
				703.121 and
				703.122
				);
2) It specifies exclusions from
				the permit requirement (Section
				703.123
				);
3) It sets times for the filing
				of applications and reapplications (Sections
				703.125
				and
				703.126
				);
4) It prohibits violation of the
				conditions of RCRA permits (Section 703.122);
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.121 - RCRA Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				person may conduct any hazardous waste storage, hazardous waste treatment, or
				hazardous waste disposal operation as follows:
1) Without a RCRA permit for the HWM
				(hazardous waste management) facility; or
2) In violation of any condition imposed by a
				RCRA permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.122 - Specific Inclusions in Permit Program

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of certain facilities require RCRA
				  permits as well as permits under other programs for certain aspects of the
				  facility operation. RCRA permits are required for the following activities and
				  faciltities:
a) Injection wells that
				dispose of hazardous waste, and associated surface facilities that treat, store
				or dispose of hazardous waste. However, the owner and operator with a UIC
				permit will be deemed to have a RCRA permit for the injection well itself if
				they comply with the requirements of Section
				703.141(b)
				 (permit by rule for injection
				wells);
b) Treatment, storage, or
				disposal of hazardous waste at facilities requiring an NPDES (National
				Pollutant Discharge Elimination System) permit issued pursuant to 35 Ill. Adm.
				Code 309. However, the owner and operator of a publicly owned treatment works
				(POTW) receiving hazardous waste will be deemed to have a RCRA permit for that
				waste if they comply with the requirements of Section
				703.141(c)
				 (permit by rule for POTWs);
c) Barges or vessels that dispose of
				hazardous waste by ocean disposal and onshore hazardous waste treatment or
				storage facilities associated with an ocean disposal operation. However, the
				owner and operator will be deemed to have a RCRA permit for ocean disposal from
				the barge or vessel itself if they comply with the requirements of Section
				703.141(a)
				 (permit by rule for ocean disposal barges
				and vessels).
BOARD NOTE: Derived from
					 40 CFR
					 270.1(c)(1)
					 (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.123 - Specific Exclusions and Exemptions from Permit Program

Current through Register Vol. 48, No. 28, July 12, 2024
The following persons are among those that are not required
				  to obtain a RCRA permit:
a) A
				generator that accumulates hazardous waste on site in compliance with all of
				the conditions for exemption provided in 35 Ill. Adm. Code
				722.114
				through
				722.117;
b) A farmer that disposes of hazardous waste
				pesticides from the farmer's own use, as provided in 35 Ill. Adm. Code
				722.170;
c) A person that owns or operates a facility
				solely for the treatment, storage, or disposal of hazardous waste excluded from
				regulations under this Part by 35 Ill. Adm. Code
				721.104 or
				722.114
				(VSQG exemption);
d) An owner or
				operator of a totally enclosed treatment facility, as defined in 35 Ill. Adm.
				Code
				720.110;
e) An owner or operator of an elementary
				neutralization unit or wastewater treatment unit, as defined in 35 Ill. Adm.
				Code 720.110;
f) A transporter that
				stores manifested shipments of hazardous waste in containers that meet the
				requirements of 35 Ill. Adm. Code
				722.130 at a transfer
				facility for a period of ten days or less;
g) A person that adds absorbent material to
				waste in a container (as defined in 35 Ill. Adm. Code 720.110) or a person that
				adds waste to absorbent material in a container, provided that these actions
				occur at the time waste is first placed in the container; and 35 Ill. Adm. Code
				724.117(b),
				724.271,
				and
				724.272
				are complied with; and
h) A
				universal waste handler or universal waste transporter (as defined in 35 Ill.
				Adm. Code 720.110) that manages the wastes listed in subsections (h)(1) through
				(h)(5). Such a handler or transporter is subject to regulation under 35 Ill.
				Adm. Code 733.
1) Batteries, as described in
				35 Ill. Adm. Code
				733.102;
2) Pesticides, as described in 35 Ill. Adm.
				Code
				733.103;
3) Mercury-containing equipment, as described
				in 35 Ill. Adm. Code
				733.104;
4) Lamps, as described in 35 Ill. Adm. Code
				733.105;
				and
5) Aerosol cans, as described
				in 35 Ill. Adm. Code 733.6.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.124 - Discharges of Hazardous Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A person is not required to obtain a RCRA permit for treatment or containment
				activities taken during immediate response to any of the following situations:
1) A discharge of a hazardous
				waste;
2) An imminent and
				substantial threat of a discharge of hazardous waste;
3) A discharge of a material that, when
				discharged, becomes a hazardous waste; or
4) An immediate threat to human health,
				public safety, property, or the environment from the known or suspected
				presence of military munitions, other explosive material, or an explosive
				device, as determined by an explosives or munitions emergency response
				specialist as defined in 35 Ill. Adm. Code
				720.110.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.125 - Reapplying for a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
If a facility owner or operator has an effective permit and
				  it wants to reapply for a new one, it has the following two options:
a) The owner or operator may submit a new
				application at least 180 days before the expiration date of the effective
				permit, unless the Agency allows a later date; or
b) If the owner or operator intends to be
				covered by a RCRA standardized permit, it may submit a Notice of Intent, as
				described in 35 Ill. Adm. Code
				702.125(e)(1)
				 at least 180 days before the expiration date
				of the effective permit, unless the Agency allows a later date. The Agency may
				not allow the owner or operator to submit an application or Notice of Intent
				later than the expiration date of the existing permit, except as allowed by 35
				Ill. Adm. Code
				702.125(e)(2).
BOARD NOTE: Derived from
					 40 CFR
					 270.10(h) (2005), as amended
					 at 70 Fed. Reg. 53420 (Sep. 8, 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart B - PROHIBITIONS › Section 703.126 - Initial Applications

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in Subpart C of this Part, no person may
				  begin physical construction of a new HWM facility without having submitted Part
				  A and Part B of the permit application and received a finally effective RCRA
				  permit.
BOARD NOTE: Derived from
				  40 CFR
				  270.10(f)(1)
				  (2002).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.140 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Sections of this Subpart C are divided into the following two groups:
1) Section
				703.141 (Permits
				by Rule); and
2) Sections
				703.151
				through
				703.158,
				relating to interim status;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart C - AUTHORIZATION BY RULE AND INTERIM STATUS › Section 703.141 - Permits by Rule

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any other provision of this Part or 35 Ill.
				  Adm. Code 705, the following must be deemed to have a RCRA permit if the
				  conditions listed are met:
a) Ocean
				disposal barges or vessels. The owner or operator of a barge or other vessel
				that accepts hazardous waste for ocean disposal, if the owner or operator does
				the following:
1) It has a permit for ocean
				dumping issued by USEPA under 40 CFR 220;
2) It complies with the conditions of that
				permit; and
3) It complies with the
				following hazardous waste regulations:
A) 35
				Ill. Adm. Code
				724.111
				(USEPA Identification Number);
B)
				35 Ill. Adm. Code
				724.171
				(Use of Manifest System);
C) 35
				Ill. Adm. Code
				724.172
				(Manifest Discrepancies);
D) 35
				Ill. Adm. Code
				724.173(a) and
				(b)(1) (Operating Record);
E) 35 Ill. Adm. Code
				724.175
				(Biennial Report); and
F) 35 Ill.
				Adm. Code
				724.176,
				(Unmanifested Waste Report).