Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 703 - RCRA PERMIT PROGRAM › Subpart G - CHANGES TO PERMITS › Section 703.271 - Causes for Modification

Current through Register Vol. 48, No. 28, July 12, 2024
The following are cause for modification, but not reissuance,
				  of permits; the following are cause for reissuance as well as modification when
				  the permittee requests or agrees:
a)
				Alterations. There are material and substantial alterations or additions to the
				permitted facility or activity that occurred after permit issuance which
				justify the application of permit conditions that are different or absent in
				the existing permit.
b)
				Information. The Agency has received information. Permits will be modified
				during their terms for this cause only if the information was not available at
				the time of permit issuance (other than revised regulations, guidance, or test
				methods) and would have justified the application of different permit
				conditions at the time of issuance.
c) New statutory requirements or regulations.
				The standards or regulations on which the permit was based have been changed by
				statute, through promulgation of new or amended standards or regulations, or by
				judicial decision after the permit was issued.
d) Compliance schedules. The Agency
				determines good cause exists for modification of a compliance schedule, such as
				an act of God, strike, flood, materials shortage, or other events over which
				the permittee has little or no control and for which there is no reasonably
				available remedy.
e) The Agency
				must also modify a permit as follows:
1) When
				modification of a closure plan is required under 35 Ill. Adm. Code
				724.212(b)
				or
				724.218(b).
2) After the Agency receives the notification
				of expected closure under 35 Ill. Adm. Code
				724.213,
				when the Agency determines that extension of the 90 or 180 day periods under 35
				Ill. Adm. Code 724.213, modification of the 30-year post-closure period under
				35 Ill. Adm. Code
				724.217(a),
				continuation of security requirements under 35 Ill. Adm. Code
				724.217(b),
				or permission to disturb the integrity of the containment system under 35 Ill.
				Adm. Code
				724.217(c)
				are unwarranted.
3) When the
				permittee has filed a request under 35 Ill. Adm. Code
				724.247(c)
				for a modification to the level of financial responsibility or when the Agency
				demonstrates under 35 Ill. Adm. Code
				724.247(d)
				that an upward adjustment of the level of financial responsibility is
				required.
4) When the corrective
				action program specified in the permit under 35 Ill. Adm. Code
				724.200
				has not brought the regulated unit into compliance with the groundwater
				protection standard within a reasonable period of time.
5) To include a detection monitoring program
				meeting the requirements of 35 Ill. Adm. Code
				724.198,
				when the owner or operator has been conducting a compliance monitoring program
				under 35 Ill. Adm. Code
				724.199
				or a corrective action program under 35 Ill. Adm. Code 724.200, and the
				compliance period ends before the end of the post-closure care period for the
				unit.
6) When a permit requires a
				compliance monitoring program under 35 Ill. Adm. Code 724.199, but monitoring
				data collected prior to permit issuance indicate that the facility is exceeding
				the groundwater protection standard.
7) To include conditions applicable to units
				at a facility that were not previously included in the facility's
				permit.
8) When a land treatment
				unit is not achieving complete treatment of hazardous constituents under its
				current permit conditions.