reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 724.246 - Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may satisfy the requirements for
				  financial assurance for both closure and post-closure care for one or more
				  facilities by using a trust fund, surety bond, letter of credit, insurance,
				  financial test, or corporate guarantee that meets the specifications for the
				  mechanism in both Sections
				  724.243
				  and
				  724.245.
				  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 financial assurance of closure and of
				  post-closure care.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 724.247 - Liability Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Coverage for Sudden Accidental Occurrences. An owner or operator of a hazardous
				waste treatment, storage, or disposal facility, or a group of such facilities,
				must demonstrate financial responsibility for bodily injury and property damage
				to third parties caused by sudden accidental occurrences arising from
				operations of the facility or group of facilities. The owner or operator must
				have and maintain liability coverage for sudden accidental occurrences in the
				amount of at least $1 million per occurrence with an annual aggregate of at
				least $2 million, exclusive of legal defense costs. This liability coverage may
				be demonstrated as specified in subsections (a)(1), (a)(2), (a)(3), (a)(4),
				(a)(5), or (a)(6):
1) An owner or operator
				may demonstrate the required liability coverage by having liability insurance,
				as specified in this subsection (a).
A) Each
				insurance policy must be amended by attachment of the Hazardous Waste Facility
				Liability Endorsement or evidenced by a Certificate of Liability Insurance. The
				wording of the endorsement and of the certificate of insurance must be that
				specified in Section
				724.251.
				The owner or operator must submit a signed duplicate original of the
				endorsement or the certificate of insurance to the Agency. If requested by the
				Agency, the owner or operator must provide a signed duplicate original of the
				insurance policy. An owner or operator of a new facility must submit the signed
				duplicate original of the Hazardous Waste Facility Liability Endorsement or the
				Certificate of Liability Insurance to the Agency at least 60 days before the
				date on which hazardous waste is first received for treatment, storage, or
				disposal. The insurance must be effective before this initial receipt of
				hazardous waste.
B) Each insurance
				policy must be issued by an insurer that is licensed by the Illinois Department
				of Insurance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 724.248 - Incapacity of Owners or Operators, Guarantors, or Financial Institutions

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator must notify the Agency by certified mail of the commencement of a
				voluntary or involuntary proceeding under Title 11 of the United States Code
				(Bankruptcy) naming the owners or operators as debtor, within 10 days after
				commencement of the proceeding. A guarantor of a corporate guarantee, as
				specified in Sections
				724.243(f)
				and
				724.245(f),
				must make such a notification if he is named as a debtor, as required under the
				terms of the corporate guarantee (see Section
				724.251
				).
b) An owner or operator who
				fulfills the requirements of Sections 724.243, 724.245, or 724.247 by obtaining
				a trust fund, surety bond, letter of credit, or insurance policy will be deemed
				to be without the required financial assurance or liability coverage in the
				event of bankruptcy of the trustee or issuing institution, or a suspension or
				revocation of the authority of the trustee institution to act as trustee or of
				the institution issuing the surety bond, letter of credit, or insurance policy
				to issue such instruments. The owner or operator must establish other financial
				assurance or liability coverage within 60 days after such an event.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 724.251 - Wording of the Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must promulgate standardized forms based on
				  40 CFR
				  264.151 (Wording of the Instruments),
				  incorporated by reference in 35 Ill. Adm. Code
				  720.111(b),
				  with such changes in wording as are necessary under Illinois law. Any owner or
				  operator required to establish financial assurance under this Subpart H must do
				  so only upon the standardized forms promulgated by the Agency. The Agency must
				  reject any financial assurance document that is not submitted on such
				  standardized forms.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.270 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations in this Subpart I apply to the owner or
				  operator of a hazardous waste facility that stores hazardous waste in
				  containers, except as Section
				  724.101
				  provides otherwise.
BOARD NOTE: Under Sections
					 721.107
					 and
					 721.133(c),
					 if a hazardous waste is emptied from a container the residue remaining in the
					 container is not considered a hazardous waste if the container is "empty", as
					 defined in Section 721.107. In that event, management of the container is
					 exempt from the requirements of this Subpart I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.271 - Condition of Containers

Current through Register Vol. 48, No. 28, July 12, 2024
If a container holding hazardous waste is not in good
				  condition (e.g., severe rusting, apparent structural defects, etc.) or if it
				  begins to leak, the owner or operator must transfer the hazardous waste from
				  this container to a container that is in good condition or manage the waste in
				  some other way that complies with the requirements of this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.272 - Compatibility of Waste with Container

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must use a container made of or lined
				  with materials that will not react with, and which are otherwise compatible
				  with, the hazardous waste to be stored, so that the ability of the container to
				  contain the waste is not impaired.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.273 - Management of Containers

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				container holding hazardous waste must always be closed during storage, except
				when it is necessary to add or remove waste.
b) A container holding hazardous waste must
				not be opened, handled, or stored in a manner that may rupture the container or
				cause it to leak.
BOARD NOTE: Reuse of containers in transportation is
					 governed by USDOT regulations, including those set forth in
					 49 CFR
					 173.28 (Reuse, Reconditioning, and
					 Remanufacture of Packagings), incorporated by reference in 35 Ill. Adm. Code
					 720.111(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.274 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
At least weekly, the owner or operator must inspect areas
				  where containers are stored. The owner or operator must look for leaking
				  containers and for deterioration of containers and the containment system
				  caused by corrosion or other factors. See Sections
				  724.115(c)
				  and
				  724.271
				  for remedial action required if deterioration or leaks are
				  detected.
BOARD NOTE: See Sections
					 724.115(c)
					 and
					 724.271
					 for remedial action required if deterioration or leaks are
					 detected.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.275 - Containment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Container
				storage areas must have a containment system that is designed and operated in
				accordance with subsection (b), except as otherwise provided by subsection
				(c);
b) A containment system must
				be designed and operated as follows:
1) A base
				must underlie the containers that is free of cracks or gaps and is sufficiently
				impervious to contain leaks, spills, and accumulated precipitation until the
				collected material is detected and removed.
2) The base must be sloped or the containment
				system must be otherwise designed and operated to drain and remove liquids
				resulting from leaks, spills, or precipitation, unless the containers are
				elevated or are otherwise protected from contact with accumulated
				liquids;
3) The containment system
				must have sufficient capacity to contain 10 percent of the volume of containers
				or the volume of the largest container, whichever is greater. Containers that
				do not contain free liquids need not be considered in this
				determination;
4) Run-on into the
				containment system must be prevented, unless the collection system has
				sufficient excess capacity in addition to that required in subsection (b)(3) to
				contain any run-on that might enter the system; and
5) Spilled or leaked waste and accumulated
				precipitation must be removed from the sump or collection area in as timely a
				manner as is necessary to prevent overflow of the collection system.
BOARD NOTE: If the collected material is a hazardous waste,
				  it must be managed as a hazardous waste in accordance with all applicable
				  requirements of 35 Ill. Adm. Code 722 through 728. If the collected material is
				  discharged through a point source to waters of the State, it is subject to the
				  National Pollution Discharge Elimination System (NPDES) permit requirement of
				  Section 12(f) of the Environmental Protection Act and 35 Ill. Adm. Code
				  309.102.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.276 - Special Requirements for Ignitable or Reactive Waste

Current through Register Vol. 48, No. 28, July 12, 2024
Containers holding ignitable or reactive waste must be
				  located at least 15 meters (50 feet) from the facility's property line.
BOARD NOTE: See Section
					 724.117(a)
					 for additional requirements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.277 - Special Requirements for Incompatible Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Incompatible wastes or incompatible wastes
				and materials (see appendix V of 40 CFR 265 (Examples of Potentially
				Incompatible Waste), incorporated by reference in 35 Ill. Adm. Code
				720.111(b),
				for examples) must not be placed in the same container, unless Section
				724.117(b)
				is complied with.
b) Hazardous
				waste must not be placed in an unwashed container that previously held an
				incompatible waste or material.
c)
				A storage container holding a hazardous waste that is incompatible with any
				waste or other materials stored nearby in other containers, piles, open tanks,
				or surface impoundments must be separated from the other materials or protected
				from them by means of a dike, berm, wall, or other device.
BOARD NOTE: The purpose of this Section is to prevent
					 fires, explosions, gaseous emission, leaching, or other discharge of hazardous
					 waste or hazardous waste constituents that could result from the mixing of
					 incompatible wastes or materials if containers break or leak. As required by
					 Section
					 724.113,
					 the waste analysis plan must include analyses needed to comply with Section
					 724.277. Also Section
					 724.117(c)
					  requires waste analyses, trial tests, or
					 other documentation to assure compliance with Section
					 724.117(b).
					 As required by Section
					 724.173, the
					 owner or operator must place the results of each waste analysis and trial test,
					 and any documented information, in the operating record of the
					 facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.278 - Closure

Current through Register Vol. 48, No. 28, July 12, 2024
At closure, all hazardous waste and hazardous waste residues
				  must be removed from the containment system. Remaining containers, liners,
				  bases, and soil containing or contaminated with hazardous waste or hazardous
				  waste residues must be decontaminated or removed.
BOARD NOTE: At closure, as throughout the operating period,
					 unless the owner or operator can demonstrate in accordance with 35 Ill. Adm.
					 Code
					 721.103(d)
					 that the solid waste removed from the containment system is not a hazardous
					 waste, the owner or operator becomes a generator of hazardous waste and must
					 manage it in accordance with all applicable requirements of 35 Ill. Adm. Code
					 722 through 725.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 724.279 - Air Emission Standards

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must manage all hazardous waste placed
				  in a container in accordance with the requirements of Subparts AA, BB, and
				  CC.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.290 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Subpart J apply to owners and
				  operators of facilities that use tank systems for storing or treating hazardous
				  waste, except as otherwise provided in subsection (a), (b), or (c) or in
				  Section
				  724.101.
a) Tank systems that are used to store or
				treat hazardous waste that contains no free liquids and are situated inside a
				building with an impermeable floor are exempted from the requirements in
				Section
				724.293.
				To demonstrate the absence or presence of free liquids in the stored or treated
				waste, the following test must be used: USEPA Method 9095B (Paint Filter
				Liquids Test), as described in "Test Methods for Evaluating Solid Wastes
				Physical/Chemical Methods" USEPA publication number EPA-530/SW-846,
				incorporated by reference in 35 Ill. Adm. Code
				720.111(a).
b) Tank systems, including sumps, are defined
				in 35 Ill. Adm. Code
				720.110, that
				serve as part of a secondary containment system to collect or contain releases
				of hazardous wastes are exempted from the requirements in Section
				724.293(a).
c) Tanks, sumps, and other such collection
				devices or systems used in conjunction with drip pads, as defined in 35 Ill.
				Adm. Code
				720.110 and
				regulated under Subpart W, must meet the requirements of this Subpart
				J.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.291 - Assessment of Existing Tank System Integrity

Current through Register Vol. 48, No. 28, July 12, 2024
a) For each existing tank system that does
				not have secondary containment meeting the requirements of Section
				724.293,
				the owner or operator must determine either that the tank system is not leaking
				or that it is fit for use. Except as provided in subsection (c), the owner or
				operator must obtain and keep on file at the facility a written assessment
				reviewed and certified by a qualified Professional Engineer, in accordance with
				35 Ill. Adm. Code
				702.126(d),
				that attests to the tank system's integrity.
b) This assessment must determine whether the
				tank system is adequately designed and has sufficient structural strength and
				compatibility with the wastes to be stored or treated, to ensure that it will
				not collapse, rupture, or fail. At a minimum, this assessment must consider the
				following:
1) Design standards, if available,
				according to which the tank and ancillary equipment were constructed;
2) Hazardous characteristics of the wastes
				that have been and will be handled;
3) Existing corrosion protection
				measures;
4) Documented age of the
				tank system, if available (otherwise an estimate of the age); and
5) Results of a leak test, internal
				inspection, or other tank integrity examination so that the following is true:
A) For non-enterable underground tanks, the
				assessment must include a leak test that is capable of taking into account the
				effects of temperature variations, tank end deflection, vapor pockets, and high
				water table effects, and
B) For
				other than non-enterable underground tanks and for ancillary equipment, this
				assessment must include either a leak test, as described above, or other
				integrity examination that is certified by a qualified Professional Engineer,
				in accordance with 35 Ill. Adm. Code
				702.126(d),
				that address cracks, leaks, corrosion, and erosion.
BOARD NOTE: The practices described in the American Petroleum
				  Institute (API) Publication, "Guide for Inspection of Refinery Equipment",
				  Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks", incorporated by
				  reference in 35 Ill. Adm. Code
				  720.111(a),
				  may be used, where applicable, as guidelines in conducting other than a leak
				  test.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.293 - Containment and Detection of Releases

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to prevent the release of
				hazardous waste or hazardous constituents to the environment, secondary
				containment that meets the requirements of this Section must be provided
				(except as provided in subsections (f) and (g)).
1) For a new or existing tank system or
				component, prior to their being put into service.
2) For a tank system that stores or treats
				materials that become hazardous wastes within two years after the hazardous
				waste listing, or when the tank system has reached 15 years of age, whichever
				comes later.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.294 - General Operating Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hazardous wastes or treatment reagents
				must not be placed in a tank system if they could cause the tank, its ancillary
				equipment, or the containment system to rupture, leak, corrode, or otherwise
				fail.
b) The owner or operator must
				use appropriate controls and practices to prevent spills and overflows from
				tank or containment systems. These include the following at a minimum:
1) Spill prevention controls (e.g., check
				valves, dry disconnect couplings, etc.);
2) Overfill prevention controls (e.g., level
				sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				standby tank); and
3) Maintenance
				of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				wind action or by precipitation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.295 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator must develop and follow a schedule and procedure for inspecting
				overfill controls.
b) The owner or
				operator must inspect at least once each operating day data gathered from
				monitoring and leak detection equipment (e.g., pressure or temperature gauges,
				monitoring wells, etc.) to ensure that the tank system is being operated
				according to its design.
BOARD NOTE: Section
				  724.115(c)
				  requires the owner or operator to remedy any deterioration or malfunction the
				  owner or operator finds. Section
				  724.296
				  requires the owner or operator to notify the Agency within 24 hours of
				  confirming a leak. Also federal
				  40 CFR
				  302.6 may require the owner or operator to
				  notify the National Response Center of a release.
c) In addition, except as noted under
				subsection (d), the owner or operator must inspect the following at least once
				each operating day:
1) Above ground portions
				of the tank system, if any, to detect corrosion or releases of waste;
				and
2) The construction materials
				and the area immediately surrounding the externally accessible portion of the
				tank system, including the secondary containment system (e.g., dikes) to detect
				erosion or signs of releases of hazardous waste (e.g., wet spots, dead
				vegetation).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.296 - Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems

Current through Register Vol. 48, No. 28, July 12, 2024
A tank system or secondary containment system from which
				  there has been a leak or spill, or which is unfit for use, must be removed from
				  service immediately, and the owner or operator must satisfy the following
				  requirements:
a) Cease Using; Prevent
				Flow or Addition of Wastes. The owner or operator must immediately stop the
				flow of hazardous waste into the tank system or secondary containment system
				and inspect the system to determine the cause of the release.
b) Removal of Waste from Tank System or
				Secondary Containment System
1) If the
				release was from the tank system, the owner or operator must, within 24 hours
				after detection of the leak or as otherwise provided in the permit, remove as
				much of the waste as is necessary to prevent further release of hazardous waste
				to the environment and to allow inspection and repair of the tank system to be
				performed.
2) If the material
				released was to a secondary containment system, all released materials must be
				removed within 24 hours or as otherwise provided in the permit to prevent harm
				to human health and the environment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.297 - Closure and Post-Closure Care

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				At closure of a tank system, the owner or operator must remove or decontaminate
				all waste residues, contaminated containment system components (liners, etc.),
				contaminated soils and structures and equipment contaminated with waste, and
				manage them as hazardous waste, unless 35 Ill. Adm. Code
				721.103(d)
				applies. The closure plan, closure activities, cost estimates for closure and
				financial responsibility for tank systems must meet all of the requirements
				specified in Subparts G and H.
b)
				If the owner or operator demonstrates to the Agency by way of permit
				application that not all contaminated soils can be practicably removed or
				decontaminated, as required in subsection (a), then the owner or operator must
				close the tank system and perform post-closure care in accordance with the
				closure and post-closure care requirements that apply to landfills (Section
				724.410
				). In addition, for the purposes of closure, post-closure and financial
				responsibility, such a tank system is then considered to be a landfill, and the
				owner or operator must meet all of the requirements for landfills specified in
				Subparts G and H.
c) If an owner or
				operator has a tank system that does not have secondary containment which meets
				the requirements of Section
				724.193(b) through
				(f), and the owner and operator has not been
				granted alternative design and operating practices for secondary containment
				requirements in accordance with Section
				724.293(g),
				then the following apply:
1) The closure plan
				for the tank system must include both a plan for complying with subsection (a)
				and a contingent plan for complying with subsection (b).
2) A contingent post-closure plan for
				complying with subsection (b) must be prepared and submitted as part of the
				permit application.
3) The cost
				estimates calculated for closure and post-closure care must reflect the costs
				of complying with the contingent closure plan and the contingent post-closure
				plan if those costs are greater than the costs of complying with the closure
				plan prepared for the expected closure under subsection (a).
4) Financial assurance must be based on the
				cost estimates in subsection (c)(3).
5) For the purposes of the contingent closure
				and post-closure plans, such a tank system is considered to be a landfill, and
				the contingent plans must meet all of the closure, post-closure, and financial
				responsibility requirements for landfills under Subparts G and H.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.298 - Special Requirements for Ignitable or Reactive Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ignitable or reactive waste must not be
				placed in tank systems unless the following is true:
1) The waste is treated, rendered, or mixed
				before or immediately after placement in the tank system so that the following
				is true:
A) The resulting waste, mixture, or
				dissolved material no longer meets the definition of ignitable or reactive
				waste under 35 Ill. Adm. Code
				721.121
				or
				721.123;
				and
B) Section
				724.117(b)
				is complied with; or
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.299 - Special Requirements for Incompatible Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Incompatible wastes, or incompatible
				wastes and materials must not be placed in the same tank, unless Section
				724.117(b)
				is complied with.
b) Hazardous
				waste must not be placed in a tank system that has not been decontaminated and
				which previously held an incompatible waste or material, unless Section
				724.117(b)
				is complied with.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANK SYSTEMS › Section 724.300 - Air Emission Standards

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must manage all hazardous waste placed
				  in a tank in accordance with the requirements of Subparts AA, BB, and
				  CC.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.320 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations in this Subpart K apply to owners and
				  operators of facilities that use surface impoundments to treat, store, or
				  dispose of hazardous waste except as Section
				  724.101
				  provides otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.321 - Design and Operating Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any surface impoundment that is not
				covered by subsection (c) or 35 Ill. Adm. Code
				725.321
				must have a liner for all portions of the impoundment (except for existing
				portions of such impoundment). The liner must be designed, constructed, and
				installed to prevent any migration of wastes out of the impoundment to the
				adjacent subsurface soil or groundwater or surface water at any time during the
				active life (including the closure period) of the impoundment. The liner may be
				constructed of materials that may allow wastes to migrate into the liner (but
				not into the adjacent subsurface soil or groundwater or surface water) during
				the active life of the facility, provided that the impoundment is closed in
				accordance with Section
				724.328(a)(1).
				For impoundments that will be closed in accordance with Section
				724.328(a)(2),
				the liner must be constructed of materials that can prevent wastes from
				migrating into the liner during the active life of the facility. The liner must
				be as follows:
1) Constructed of materials
				that have appropriate chemical properties and sufficient strength and thickness
				to prevent failure due to pressure gradients (including static head and
				external hydrogeologic forces), physical contact with the waste or leachate to
				which they are exposed, climatic conditions, the stress of installation, and
				the stress of daily operation;
2)
				Placed upon a foundation or base capable of providing support to the liner and
				resistance to pressure gradients above and below the liner to prevent failure
				of the liner due to settlement, compression, or uplift; and
3) Installed to cover all surrounding earth
				likely to be in contact with the waste or leachate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.322 - Action Leakage Rate

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				must approve an action leakage rate for surface impoundment units subject to
				Section
				724.321(c) or
				(d). The action leakage rate is the maximum
				design flow rate that the LDS can remove without the fluid head on the bottom
				liner exceeding 1 foot. The action leakage rate must include an adequate safety
				margin to allow for uncertainties in the design (e.g., slope, hydraulic
				conductivity, thickness of drainage material, etc.), construction, operation,
				and location of the LDS, waste and leachate characteristics, likelihood and
				amounts of other sources of liquids in the LDS, and proposed response actions
				(e.g., the action leakage rate must consider decreases in the flow capacity of
				the system over time resulting from siltation and clogging, rib layover and
				creep of synthetic components of the system, overburden pressures,
				etc.).
b) To determine if the
				action leakage rate has been exceeded, the owner or operator must convert the
				weekly or monthly flow rate from the monitoring data obtained under Section
				724.326(d)
				to an average daily flow rate (gallons per acre per day) for each sump. The
				average daily flow rate for each sump must be calculated weekly during the
				active life and closure period and, if the unit is closed in accordance with
				Section
				724.328(b),
				monthly during the post-closure care period, unless the Agency approves a
				different frequency pursuant to Section
				724.326(d).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.323 - Response Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of surface impoundment units subject to Section
				724.321(c) or
				(d) must have an approved response action
				plan before receipt of waste. The response action plan must set forth the
				actions to be taken if the action leakage rate has been exceeded. At a minimum,
				the response action plan must describe the actions specified in subsection
				(b).
b) If the flow rate into the
				LDS exceeds the action leakage rate for any sump, the owner or operator must do
				the following:
1) Notify the Agency in
				writing of the exceedance within seven days after the determination;
2) Submit a preliminary written assessment to
				the Agency within 14 days after the determination, as to the amount of liquids,
				likely sources of liquids, possible location, size and cause of any leaks, and
				short-term actions taken and planned;
3) Determine to the extent practicable the
				location, size, and cause of any leak;
4) Determine whether waste receipt should
				cease or be curtailed, whether any waste should be removed from the unit for
				inspection, repairs or controls, and whether or not the unit should be
				closed;
5) Determine any other
				short-term and longer-term actions to be taken to mitigate or stop any leaks;
				and
6) Within 30 days after the
				notification that the action leakage rate has been exceeded, submit to the
				Agency the results of the determinations specified in subsections (b)(3),
				(b)(4), and (b)(5), the results of actions taken, and actions planned. Monthly
				thereafter, as long as the flow rate in the LDS exceeds the action leakage
				rate, the owner or operator must submit to the Agency a report summarizing the
				results of any remedial actions taken and actions planned.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.326 - Monitoring and Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) During
				construction and installation, liners (except in the case of existing portions
				of surface impoundments exempt from Section
				724.321(a)
				) and cover systems (e.g., membranes, sheets, or coatings) must be inspected
				for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or
				foreign materials). Immediately after construction or installation:
1) Synthetic liners and covers must be
				inspected to ensure tight seams and joints and the absence of tears, punctures,
				and blisters; and
2) Soil-based and
				admixed liners and covers must be inspected for imperfections including lenses,
				cracks, channels, root holes, or other structural non-uniformities that may
				cause an increase in the permeability of that liner or cover.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.327 - Emergency Repairs; Contingency Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) A surface impoundment must be removed from
				service in accordance with subsection (b) when either of the following occurs:
1) The level of liquids in the impoundment
				suddenly drops and the drop is not known to be caused by changes in the flows
				into or out of the impoundment; or
2) The dike leaks.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.328 - Closure and Post-Closure Care

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				At closure, the owner or operator must do the following:
1) Remove or decontaminate all waste
				residues, contaminated containment system components (liners, etc.),
				contaminated subsoils and structures, and equipment contaminated with waste and
				leachate, and manage them as hazardous waste, unless 35 Ill. Adm. Code
				721.103(d)
				applies; or
2) Closure in Place
A) Eliminate free liquids by removing liquid
				wastes or solidifying the remaining wastes and waste residues;
B) Stabilize remaining wastes to a bearing
				capacity sufficient to support final cover; and
C) Cover the surface impoundment with a final
				cover designed and constructed to do the following:
i) Provide long-term minimization of the
				migration of liquids through the closed impoundment;
ii) Function with minimum
				maintenance;
iii) Promote drainage
				and minimize erosion or abrasion of the final cover;
iv) Accommodate settling and subsidence so
				that the cover's integrity is maintained; and
v) Have a permeability less than or equal to
				the permeability of any bottom liner system or natural subsoils
				present.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.329 - Special Requirements for Ignitable or Reactive Waste

Current through Register Vol. 48, No. 28, July 12, 2024
Ignitable or reactive waste must not be placed in a surface
				  impoundment, unless the waste and impoundment satisfy all applicable
				  requirements of 35 Ill. Adm. Code 728 and the following:
a) The waste is treated, rendered, or mixed
				before or immediately after placement in the impoundment so that the following
				is true:
1) The resulting waste, mixture, or
				dissolution of material no longer meets the definition of ignitable or reactive
				waste under 35 Ill. Adm. Code
				721.121
				or
				721.123;
				and
2) Section
				724.117(b)
				is complied with;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.330 - Special Requirements for Incompatible Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
Incompatible wastes or incompatible wastes and materials (see
				  Appendix E for examples) must not be placed in the same surface impoundment,
				  unless Section
				  724.117(b)
				  is complied with.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.331 - Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hazardous
				Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a surface
				impoundment unless the owner or operator operates the surface impoundment in
				accordance with a management plan for these wastes that is approved by the
				Agency pursuant to the standards set out in this subsection (a), and in accord
				with all other applicable requirements of this Part. The factors to be
				considered are the following:
1) The volume,
				physical, and chemical characteristics of the wastes, including their potential
				to migrate through soil or to volatilize or escape into the
				atmosphere;
2) The attenuative
				properties of underlying and surrounding soils or other materials;
3) The mobilizing properties of other
				materials co-disposed with these wastes; and
4) The effectiveness of additional treatment,
				design, or monitoring techniques.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 724.332 - Air Emission Standards

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must manage all hazardous waste placed
				  in a surface impoundment in accordance with the requirements of Subparts BB and
				  CC.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart L - WASTE PILES › Section 724.350 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The regulations
				in this Subpart L apply to owners and operators of facilities that store or
				treat hazardous waste in piles, except as Section
				724.101
				provides otherwise.
b) The
				regulations in this Subpart L do not apply to owners or operators of waste
				piles that are closed with wastes left in place. Such waste piles are subject
				to regulation under Subpart N (Landfills).
c) The owner or operator of any waste pile
				that is inside or under a structure that provides protection from precipitation
				so that neither run-off nor leachate is generated is not subject to regulation
				under Section
				724.351
				or under Subpart F (Groundwater Protection), provided that the following is
				true:
1) Liquids or materials containing free
				liquids are not placed in the pile;
2) The pile is protected from surface water
				run-on by the structure or in some other manner;
3) The pile is designed and operated to
				control dispersal of the waste by wind, where necessary, by means other than
				wetting; and
4) The pile will not
				generate leachate through decomposition or other reactions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart L - WASTE PILES › Section 724.351 - Design and Operating Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A waste pile (except for an existing
				portion of a waste pile) must have the following:
1) A liner that is designed, constructed, and
				installed to prevent any migration of wastes out of the pile into the adjacent
				subsurface soil or groundwater or surface water at any time during the active
				life (including the closure period) of the waste pile. The liner may be
				constructed of materials that may allow waste to migrate into the liner itself
				(but not into the adjacent subsurface soil or groundwater or surface water)
				during the active life of the facility. The liner must be as follows:
A) Constructed of materials that have
				appropriate chemical properties and sufficient strength and thickness to
				prevent failure due to pressure gradients (including static head and external
				hydrogeologic forces), physical contact with the waste or leachate to which
				they are exposed, climatic conditions, the stress of installation, and the
				stress of daily operation;
B)
				Placed upon a foundation or base capable of providing support to the liner and
				resistance to pressure gradients above and below the liner to prevent failure
				of the liner due to settlement, compression, or uplift; and
C) Installed to cover all surrounding earth
				likely to be in contact with the waste or leachate; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart L - WASTE PILES › Section 724.352 - Action Leakage Rate

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				must approve an action leakage rate for waste pile units subject to Section
				724.351(c) or
				(d). The action leakage rate is the maximum
				design flow rate that the LDS can remove without the fluid head on the bottom
				liner exceeding one foot. The action leakage rate must include an adequate
				safety margin to allow for uncertainties in the design (e.g., slope, hydraulic
				conductivity, thickness of drainage material, etc.), construction, operation,
				and location of the LDS; waste and leachate characteristics; likelihood and
				amounts of other sources of liquids in the LDS; and proposed response actions
				(e.g., the action leakage rate must consider decreases in the flow capacity of
				the system over time resulting from siltation and clogging, rib layover and
				creep of synthetic components of the system, overburden pressures,
				etc.).
b) To determine if the
				action leakage rate has been exceeded, the owner or operator must convert the
				weekly or monthly flow rate from the monitoring data obtained under Section
				724.354(c)
				to an average daily flow rate (gallons per acre per day) for each sump. The
				average daily flow rate for each sump must be calculated weekly during the
				active life and closure period.