reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart E - CONSTRUCTION QUALITY ASSURANCE PROGRAMS › Section 811.505 - Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A daily summary
				report shall be prepared by the CQA officer, or under the direct supervision of
				the CQA officer, during each day of activity. The report shall contain, at a
				minimum:
1) The date;
2) A summary of the weather
				conditions:
3) A summary of
				locations where construction is occurring;
4) Equipment and personnel on the
				project;
5) A summary of any
				meetings held and attendees;
6) A
				description of all materials used and references or results of testing and
				documentation;
7) The calibration
				and recalibration of test equipment;
8) The daily inspection report from each
				inspector.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart E - CONSTRUCTION QUALITY ASSURANCE PROGRAMS › Section 811.506 - Foundations and Subbases

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CQA
				officer shall identify and ensure the site investigation is carried out in
				accordance with the plans, identify unexpected conditions and record all
				modifications to the plans and construction procedures on the as-built
				drawings.
b) The CQA officer shall
				observe soil and rock surfaces for joints, fractures and depressions, document
				the filling of all joints and fractures and document the removal and filling of
				local sand deposits on the as-built drawings.
c) The CQA officer shall ensure that there
				are no moisture seeps and that all soft, organic or other undesirable materials
				are removed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart E - CONSTRUCTION QUALITY ASSURANCE PROGRAMS › Section 811.507 - Compacted Earth Liners

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requirements for a Test Liner
A test full shall be constructed before construction of the
				  actual, full-scale compacted earth liner, in accordance with the following
				  requirements:
1) The test liner shall
				be constructed from the same soil material, design specifications, equipment
				and procedures as are proposed for the full-scale liner;
2) The test fill shall be at least four times
				the width of the widest piece of equipment to be used;
3) The test fill shall be long enough to
				allow the equipment to reach normal operating speed before reaching the test
				area;
4) At least three lifts shall
				be constructed;
5) The test fill
				shall be tested as described below for each of the following physical
				properties using tests to ensure a statistically valid sample size:
A) Field testing techniques shall be used to
				determine the hydraulic conductivity.
B) Samples shall also be tested in the
				laboratory for hydraulic conductivity. The laboratory results shall be
				evaluated to determine if there is a statistical correlation to the field
				testing results.
C) Other
				engineering parameters, including but not limited to particle size
				distribution, plasticity, water content, and in-place density, that are needed
				to evaluate the full-scale liner shall be determined.
6) Additional test fills shall be constructed
				for each time the material properties of a new borrow source changes or for
				each admixture or change in equipment or procedures; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart E - CONSTRUCTION QUALITY ASSURANCE PROGRAMS › Section 811.508 - Geomembranes

Current through Register Vol. 48, No. 28, July 12, 2024
The CQA officer shall exercise professional judgement to
				  certify the following:
a) The bedding
				material contains no undesirable objects;
b) The placement plan has been
				followed;
c) The anchor trench and
				backfill are constructed to prevent damage to the geomembrane;
d) All tears, rips, punctures, and other
				damage are repaired; and
e) All
				geomembrane seams are properly constructed and tested in accordance with
				manufacturer's specifications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart E - CONSTRUCTION QUALITY ASSURANCE PROGRAMS › Section 811.509 - Leachate Collection Systems

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CQA officer shall exercise professional judgement to verify that pipe
				sizes, material, perforations, placement and pipe grades are in accordance with
				the design.
b) The CQA officer
				shall exercise professional judgement to certify that all soil materials used
				for the drainage blanket and graded filters meet the required size and
				gradation specifications in the design plan and are placed in accordance with
				the design plans.
c) The CQA
				officer shall inspect all prefabricated structures for conformity with design
				specifications and for defective manufacturing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.700 - Scope, Applicability and Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart provides procedures by which
				the owner or operator of a permitted waste disposal facility provides financial
				assurance satisfying the requirements of Section 21.1(a) of the Act.
b) Financial assurance shall be provided, as
				specified in Section
				811.706,
				by a trust agreement, a bond guaranteeing payment, a bond guaranteeing payment
				or performance, a letter of credit, insurance or self-insurance. The owner
				operator shall provide financial assurance to the Agency before the receipt of
				the waste.
c) Except as provided in
				subsection (f), this Subpart does not apply to the State of Illinois, its
				agencies and institutions, or to any unit of local government; provided,
				however, that any other persons who conduct such a waste disposal operation on
				a site that is owned or operated by such a governmental entity shall provide
				financial assurance for closure and post-closure care of the site.
d) The owner or operator is not required to
				provide financial assurance pursuant to this Subpart if the owner or operator
				demonstrates:
1) That closure and
				post-closure care plans filed pursuant to 35 Ill. Adm. Code 724 or 725 will
				result in closure and post-closure care of the site in accordance with the
				requirements of this Part; and
2)
				That the owner or operator has provided financial assurance adequate to provide
				for such closure and post-closure care pursuant to 35 Ill. Adm. Code 724 or
				725.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.701 - Upgrading Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator shall maintain financial assurance equal to or greater
				than the current cost estimate calculated pursuant to Section
				811.704
				at all times, except as otherwise provided by subsection (b).
b) The owner or operator shall increase the
				total amount of financial assurance so as to equal the current cost estimate
				within 90 days after any of the following occurrences:
1) An increase in the current cost
				estimate;
2) A decrease in the
				value of a trust fund;
3) A
				determination by the Agency that an owner or operator no longer meets the gross
				revenue test of Section
				811.715(d)
				or the financial test of Section
				811.715(e);
				or,
4) Notification by the owner or
				operator that the owner or operator intends to substitute alternative financial
				assurance, as specified in Section
				811.706,
				for self-insurance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.702 - Release of Financial Institution

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall release a trustee, surety, insurer or other
				  financial institution when:
a) An
				owner or operator substitutes alternative financial assurance such that the
				total financial assurance for the site is equal to or greater than the current
				cost estimate, without counting the amounts to be released; or
b) The Agency releases the owner or operator
				from the requirements of this Subpart pursuant to 35 Ill. Adm. Code
				813.403(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.703 - Application of Proceeds and Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency may sue in any court of competent jurisdiction to enforce its rights
				under financial instruments. The filing of an enforcement action before the
				Board is not a condition precedent to such an Agency action, except when this
				Subpart or the terms of the instrument provide otherwise.
b) As provided in Titles VIII and IX of the
				Act and 35 Ill. Adm. Code 103 and 104, the Board may order modifications in
				permits to change the type or amount of financial assurance pursuant to an
				enforcement action or a variance petition. Also, the Board may order that an
				owner or operator modify a closure or post-closure care plan or order that
				proceeds from financial assurance be applied to the execution of a closure or
				post-closure care plan.
c) The
				following Agency actions may be appealed to the Board as a permit denial
				pursuant to 35 Ill. Adm. Code 105 and Section 21.1(e) of the Act:
1) A refusal to accept financial assurance
				tendered by the owner or operator;
2) A refusal to release the owner or operator
				from the requirement to maintain financial assurance;
3) A refusal to release excess funds from a
				trust;
4) A refusal to approve a
				reduction in the penal sum of a bond;
5) A refusal to approve a reduction in the
				amount of a letter of credit;
6) A
				refusal to approve a reduction in the face amount of an insurance policy;
				or
7) A determination that an owner
				or operator no longer meets the gross revenue test or financial test.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.704 - Closure and Post-Closure Care and Corrective Action Cost Estimates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written cost
				estimate. The owner or operator must have a written estimate of the cost of
				closure of all parts of the facility where wastes have been deposited in
				accordance with the requirements of this Part; the written closure plan,
				required by Section
				811.110
				and 35 Ill. Adm. Code
				812.114; and the
				cost of post-closure care and plans, required by this Part and the written
				post-closure care plans required by 35 Ill. Adm. Code
				812.115.
				The cost estimate is the total cost for closure and post-closure
				care.
b) The owner or operator must
				revise the cost estimate whenever a change in the closure plan or post-closure
				care plan increases the cost estimate.
c) The cost estimate must be based on the
				steps necessary for the premature final closure of the facility on the assumed
				closure date.
d) The cost estimate
				must be based on the assumption that the Agency will contract with a third
				party to implement the closure plan.
e) The cost estimate may not be reduced by
				allowance for the salvage value of equipment or waste, for the resale value of
				land, or for the sale of landfill gas.
f) The cost estimate must, at a minimum,
				include all costs for all activities necessary to close the facility in
				accordance with all requirements of this Part.
g) The Board removed this subsection (g) and
				revised Section
				811.718 to disallow
				discounting for all financial assurance mechanisms but trust funds. This
				statement maintains structural consistency for cross-references in this Part to
				subsections (h), (j), and (k).
h)
				The post-closure care cost estimate must, at a minimum, be based on the
				following elements in the post-closure care plan:
1) Groundwater monitoring, based on the
				number of monitoring points and parameters and the frequency of sampling
				specified in the permit.
2) The
				annual cost of cover placement and stabilization, including an estimate of the
				annual residual settlement and erosion control and the cost of
				mowing.
3) Alternative Landfill Gas
				Disposal. If landfill gas is transported to an off-site processing system, then
				the owner or operator must include in the cost estimate the costs necessary to
				operate an onsite gas disposal system, should access to the off-site facility
				become unavailable. The cost estimate must include the following information:
				installation, operation, maintenance and monitoring of an on-site gas disposal
				system.
4) Cost Estimates Beyond
				the Design Period. When a facility must extend the post-closure care period
				beyond the applicable design period, the cost estimate must be based upon such
				additional time and the care activities occurring during that time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.705 - Revision of Cost Estimate

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator shall revise the current cost estimates for closure and
				postclosure care in each new application for permit renewal or where a facility
				modification results in an increase of the cost estimate.
b) The owner or operator shall review the
				closure and postclosure care plans prior to filing a revised cost estimate in
				order to determine whether they are consistent with current operations, and the
				requirements of this Subchapter. The owner or operator shall either certify
				that the plans are consistent, or shall file an application incorporating new
				plans pursuant to 35 Ill. Adm. Code 813.
c) The owner or operator shall prepare new
				closure and postclosure cost estimates reflecting current prices for the items
				included in the estimates when submitting any new application for permit
				renewal. The owner or operator shall file revised estimates even if the owner
				or operator determines that there are not changes in the prices.
d) The owner or operator of a MSWLF unit
				shall adjust the cost estimates of closure, postclosure, and corrective action
				for inflation on an annual basis during the following time period:
1) The active life of the unit for
				closure;
2) The active life and
				postclosure care period, for postclosure; or
3) Until the corrective action program is
				completed in accordance with Section
				811.326,
				for corrective action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.706 - Mechanisms for Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator of a waste disposal site shall utilize any of the
				mechanisms listed in subsections (a)(1) through (a)(10) to provide financial
				assurance for closure and post-closure care, and for corrective action at an
				MSWLF unit. An owner or operator of an MSWLF unit shall also meet the
				requirements of subsections (b), (c), and (d). The mechanisms are as follows:
1) A trust fund (see Section
				811.710
				);
2) A surety bond guaranteeing
				payment (see Section
				811.711
				);
3) A surety bond guaranteeing
				performance (see Section
				811.712
				);
4) A letter of credit (see
				Section
				811.713
				);
5) Closure insurance (see
				Section
				811.714
				);
6) Self-insurance (see Section
				811.715
				);
7) Local government financial
				test (see Section
				811.716
				);
8) Local government guarantee
				(see Section
				811.717
				);
9) Corporate financial test (see
				Section
				811.719
				); or
10) Corporate guarantee (see
				Section
				811.720
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.707 - Use of Multiple Financial Mechanisms

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may satisfy the requirements of this
				  Subpart by establishing more than one financial mechanism per site. These
				  mechanisms are limited to trust funds, surety bonds guaranteeing payment,
				  letters of credit and insurance. The mechanisms must be as specified in 35 Ill.
				  Adm. Code
				  811.710,
				  811.711
				  and
				  811.713 through
				  811.720, as
				  applicable, except that it is the combination of mechanisms, rather than the
				  single mechanism, that must provide financial assurance for an aggregate amount
				  at least equal to the current cost estimate for closure, post-closure care or
				  corrective action, except that mechanisms guaranteeing performance, rather than
				  payment, may not be combined with other instruments. The owner or operator may
				  use any or all of the mechanisms to provide for closure and postclosure care of
				  the site or corrective action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.708 - Use of a Financial Mechanism for Multiple Sites

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may use a financial assurance mechanism
				  specified in this Subpart to meet the requirements of this Subpart for more
				  than one site. Evidence of financial assurance submitted to the Agency must
				  include a list showing, for each site, the name, address and the amount of
				  funds assured by the mechanism. The amount of funds available through the
				  mechanism must be no less than the sum of funds that would be available if a
				  separate mechanism had been established and maintained for each site. The
				  amount of funds available to the Agency must be sufficient to close and provide
				  postclosure care for all of the owner or operator's sites. In directing funds
				  available through a single mechanism for the closure and postclosure care of
				  any single site covered by that mechanism, the Agency shall direct only that
				  amount of funds designated for that site, unless the owner or operator agrees
				  to the use of additional funds available under that
				  mechanism.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.709 - Trust Fund for Unrelated Sites

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may establish a trust fund for the benefit of the
				  Agency which may receive funds from more than one owner or operator for closure
				  of different sites. Such a trust fund must operate like the trust fund
				  specified in 35 Ill. Adm. Code 807.710, except as follows:
a) The trustee shall maintain a separate
				account for each site and shall evaluate such annually as of the day of
				creation of the trust;
b) The
				trustee shall annually notify each owner or operator and the Agency of the
				evaluation of each owner or operator's account;
c) The trustee shall release excess funds as
				required from the account for each site;
d) The trustee shall reimburse the owner or
				operator or other person authorized to perform closure or postclosure care only
				from the account for that site.
e)
				The Agency may direct the trustee to withhold payments only from the account
				for the site for which it has determined the cost of closure and postclosure
				care will be greater than the value of the account for that site pursuant to
				Section
				811.710(g)(3).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.710 - Trust Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may satisfy the requirements of this Subpart G by establishing a trust
				fund that conforms to the requirements of this Section and submitting an
				original signed duplicate of the trust agreement to the Agency.
b) The trustee must be an entity that has the
				authority to act as a trustee and of whom either of the following is true:
1) It is an entity whose trust operations are
				examined by the Illinois Department of Financial and Professional Regulation
				pursuant to the Illinois Banking Act [205 ILCS 5 ]; or
2) It is an entity that complies with the
				Corporate Fiduciary Act [205 ILCS 620 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.711 - Surety Bond Guaranteeing Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An owner or operator may satisfy the requirements of this Subpart by obtaining
				a surety bond which conforms to the requirements of this Section and submitting
				the bond to the Agency. A surety bond obtained by an owner or operator of an
				MSWLF unit must be effective before the initial receipt of waste or before
				April 9, 1997 (the effective date of the financial assurance requirements under
				RCRA Subtitle D regulations), or such later date granted pursuant to Section
				811.700(g),
				whichever is later, in the case of closure and post-closure care, or no later
				than 120 days after the remedy has been selected in accordance with the
				requirements of Section
				811.325.
b) The surety company issuing the bond shall
				be licensed to transact the business of insurance by the Department of
				Insurance, pursuant to the Illinois Insurance Code [215 ILCS 5 ], or at a
				minimum the insurer must be licensed to transact the business of insurance or
				approved to provide insurance as an excess or surplus lines insurer by the
				insurance department in one or more states, and approved by the U.S. Department
				of the Treasury as an acceptable surety. [415 ILCS
				5/21.1 (a.5)]
c) The surety bond must be on the forms
				specified in Appendix A, Illustration C.
d) Any payments made under the bond will be
				placed in the Landfill Closure and Post-Closure fund within the State
				Treasury.
e) Conditions:
1) The bond must guarantee that the owner or
				operator will:
A) Provide closure and
				post-closure care in accordance with the approved closure and post-closure care
				plans and, if the bond is a corrective action bond, provide corrective action
				in accordance with Section
				811.326;
				and
B) Provide alternative
				financial assurance, as specified in this Subpart, and obtain the Agency's
				written approval of the assurance provided within 90 days after receipt by both
				the owner or operator and the Agency of a notice from the surety that the bond
				will not be renewed for another term.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.712 - Surety Bond Guaranteeing Performance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator may satisfy the
				requirements of this Subpart by obtaining a surety bond which conforms to the
				requirements of this Section and submitting the bond to the Agency. A surety
				bond obtained by an owner or operator of an MSWLF unit must be effective before
				the initial receipt of waste or before April 9, 1997 (the effective date of the
				financial assurance requirements under RCRA Subtitle D regulations), or such
				later date granted pursuant to Section
				811.700(g),
				whichever is later, in the case of closure and post-closure care, or no later
				than 120 days after the remedy has been selected in accordance with the
				requirements of Section
				811.325.
b) The surety company issuing the bond shall
				be licensed to transact the business of insurance by the Department of
				Insurance, pursuant to the Illinois Insurance Code [215 ILCS 5 ], or at a
				minimum the insurer must be licensed to transact the business of insurance or
				approved to provide insurance as an excess or surplus lines insurer by the
				insurance department in one or more states, and approved by the U.S. Department
				of the Treasury as an acceptable surety. [415 ILCS
				5/21.1 (a.5)]
c) The surety bond must be on the forms
				specified in Appendix A, Illustration D.
d) Any payments made under the bond will be
				placed in the Landfill Closure and Post-Closure Fund within the State
				Treasury.
e) Conditions:
1) The bond must guarantee that the owner or
				operator will:
A) Provide closure and
				post-closure care in accordance with the closure and post-closure care plans in
				the permit and, if the bond is a corrective action bond, provide corrective
				action in accordance with Section
				811.326;
				and
B) Provide alternative
				financial assurance, as specified in this Subpart, and obtain the Agency's
				written approval of the assurance provided within 90 days after receipt by both
				the owner or operator and the Agency of a notice from the surety that the bond
				will not be renewed for another term.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.713 - Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may satisfy the requirements of this Subpart by obtaining an
				irrevocable standby letter of credit which conforms to the requirements of this
				Section and submitting the letter to the Agency. A letter of credit obtained by
				an owner or operator of an MSWLF unit must be effective before the initial
				receipt of waste or before April 9, 1997 (the effective date of the financial
				assurance requirements under RCRA Subtitle D regulations), or such later date
				granted pursuant to Section
				811.700(g),
				whichever is later, in the case of closure and post-closure care, or no later
				than 120 days after the remedy has been selected in accordance with the
				requirements of Section
				811.325.
b) The issuing institution shall be an entity
				that has the authority to issue letters of credit and:
1) Whose letter-of-credit operations are
				regulated by the Illinois Department of Financial and Professional Regulation
				pursuant to the Illinois Banking Act [205 ILCS 5 ]; or
2) Whose deposits are insured by the Federal
				Deposit Insurance Corporation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.714 - Closure Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner or operator may satisfy the requirements of this Subpart by obtaining
				closure and post-closure care insurance which conforms to the requirements of
				this Section and submitting to the Agency an executed duplicate original of the
				insurance policy and the certificate of insurance for closure and/or
				post-closure care specified in Appendix A, Illustration F.
b) The insurer shall be licensed to transact
				the business of insurance by the Department of Insurance, pursuant to the
				Illinois Insurance Code [215 ILCS 5 ], or at a minimum the insurer must be
				licensed to transact the business of insurance or approved to provide insurance
				as an excess or surplus lines insurer by the insurance department in one or
				more states. [415 ILCS 5/21.1 (a.5)]
c) The policy must be on forms filed with the
				Illinois Department of Insurance, pursuant to 50 Ill. Adm. Code 753 and Section
				143(2) of the Illinois Insurance Code [215 ILCS
				5/143(2) ] or on forms approved by
				the insurance department of one or more states.
d) Face amount:
1) The closure and post-closure care
				insurance policy must be issued for a face amount at least equal to the current
				cost estimate. The term "face amount" means the total amount the insurer is
				obligated to pay under the policy. Actual payments by the insurer will not
				change the face amount, although the insurer's future liability will be lowered
				by the amount of the payments.
2)
				Whenever the current cost estimate decreases, the face amount may be reduced to
				the amount of the current cost estimate, following written approval by the
				Agency.
3) Whenever the current
				cost estimate increases to an amount greater than the face amount, the owner or
				operator, within 90 days after the increase, must either cause the face amount
				to be increased to an amount at least equal to the current cost estimate and
				submit evidence of that increase to the Agency or obtain other financial
				assurance, as specified in this Subpart, to cover the increase and submit
				evidence of the alternative financial assurance to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.715 - Self-Insurance for Non-Commercial Sites

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. The following definitions are
				intended to assist in the understanding of this Part and are not intended to
				limit the meanings of terms in any way that conflicts with generally accepted
				accounting principles:
"Assets" means all existing and all probable future economic
				  benefits obtained or controlled by a particular entity.
"Current assets" means cash or other assets or resources
				  commonly identified as those that are reasonably expected to be realized in
				  cash or sold or consumed during the normal operating cycle of the
				  business.
"Current liabilities" means obligations whose liquidation is
				  reasonably expected to require the use of existing resources properly
				  classifiable as current assets or the creation of other current
				  liabilities.
"Generally accepted accounting principles" means the
				  accounting and auditing standards of the American Institute of Certified Public
				  Accountants and the Governmental Accounting Standards Board that are
				  incorporated by reference in 35 Ill. Adm. Code
				  810.104.
"Gross Revenue" means total receipts less returns and
				  allowances.
"Independently audited" refers to an audit performed by an
				  independent certified public accountant in accordance with generally accepted
				  auditing standards.
"Liabilities" means probable future sacrifices of economic
				  benefits arising from present obligations to transfer assets or provide
				  services to other entities in the future as a result of past transactions or
				  events.
"Net working capital" means current assets minus current
				  liabilities.
"Net worth" means total assets minus total liabilities and is
				  equivalent to owner's equity.
"Tangible net worth" means tangible assets less liabilities;
				  tangible assets to not include intangibles such as goodwill and rights to
				  patents or royalties.
b)
				Information to be Filed. An owner or operator may satisfy the financial
				assurance requirements of this Part by providing the following:
1) Bond without surety promising to pay the
				cost estimate (subsection (c)).
2)
				Proof that the owner or operator meets the gross revenue test (subsection
				(d)).
3) Proof that the owner or
				operator meets the financial test (subsection (e)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.716 - Local Government Financial Test

Current through Register Vol. 48, No. 28, July 12, 2024
A unit of local government owner or operator that satisfies
				  the requirements of subsections (a) through (c) may demonstrate financial
				  assurance up to the amount specified in subsection (d).
a) Financial Component
1) The unit of local government owner or
				operator must satisfy subsection (a)(1)(A) or (a)(1)(B), as applicable:
A) If the owner or operator has outstanding,
				rated, general obligation bonds that are not secured by insurance, a letter of
				credit, or other collateral or guarantee, it must have a current rating of Aaa,
				Aa, A, or Baa, as issued by Moody's, or AAA, AA, A, or BBB, as issued by
				Standard and Poor's, on all such general obligation bonds; or
B) The owner or operator must satisfy each of
				the following financial ratios based on the owner or operator's most recent
				audited annual financial statement:
i) A ratio
				of cash plus marketable securities to total expenditures greater than or equal
				to 0.05; and
ii) A ratio of annual
				debt service to total expenditures less than or equal to 0.20.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.717 - Local Government Guarantee

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator may demonstrate financial assurance for
				  closure, post-closure, and corrective action, as required by Section 21.1(a) of
				  the Act and 811.Subpart G, by obtaining a written guarantee provided by a unit
				  of local government. The guarantor shall meet the requirements of the local
				  government financial test in Section
				  811.716,
				  and shall comply with the terms of a written guarantee.
a) Terms of the written guarantee. The
				guarantee must be effective before the initial receipt of waste or before
				November 27, 1997, whichever is later, in the case of closure or post-closure
				care, or no later than 120 days after the corrective action remedy has been
				selected in accordance with the requirements of Sections
				811.319(d)
				and
				811.325.
				The guarantee must provide that:
1) If the
				owner or operator fails to perform closure, post-closure care, or corrective
				action of a facility covered by the guarantee, the guarantor must:
A) Perform, or pay a third party to perform,
				closure, post-closure care, or corrective action as required; or
B) Establish a fully funded trust fund, as
				specified in Section
				811.710, in
				the name of the owner or operator.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.718 - Discounting

Current through Register Vol. 48, No. 28, July 12, 2024
For facilities providing financial assurance solely through a
				  trust fund, the Agency shall allow discounting of closure cost estimates,
				  post-closure cost estimates, and corrective action cost estimates in Section
				  811.704
				  up to the rate of return for essentially risk free investments, net of
				  inflation, under the following conditions:
a) The Agency determines that cost estimates
				are complete and accurate and the owner or operator has submitted a statement
				from a professional engineer, as defined in Section
				810.103,
				so stating;
b) The Agency finds the
				facility in compliance with applicable and appropriate permit
				conditions;
c) The Agency
				determines that the closure date is certain, and the owner or operator
				certifies that there are no foreseeable factors that will change the estimate
				of site life; and
d) Discounted
				cost estimates are adjusted annually to reflect inflation and the anticipated
				years of remaining life.
BOARD NOTE: Derived from
					 40
					 CFR 258.75, added at 61 Fed. Reg. 60327 (Nov.
					 27, 1996).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.719 - Corporate Financial Test

Current through Register Vol. 48, No. 28, July 12, 2024
An MSWLF owner or operator that satisfies the requirements of
				  this Section may demonstrate financial assurance up to the amount specified in
				  this Section as follows:
a) Financial
				Component
1) The owner or operator must
				satisfy one of the following three conditions:
A) A current rating for its senior
				unsubordinated debt of AAA, AA, A, or BBB as issued by Standard and Poor's or
				Aaa, Aa, A, or Baa as issued by Moody's;
B) A ratio of less than
				1.5 comparing total
				liabilities to net worth; or
C) A
				ratio of greater than 0.10 comparing the sum of net income plus depreciation,
				depletion and amortization, minus $10 million, to total liabilities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Section 811.720 - Corporate Guarantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner or operator of an MSWLF may meet the requirements of 35 Ill. Adm. Code
				811.700
				and
				811.706
				by obtaining a written guarantee. The guarantor must be the direct or
				higher-tier parent corporation of the owner or operator, a firm whose parent
				corporation is also the parent corporation of the owner or operator, or a firm
				with a "substantial business relationship" with the owner or operator. The
				guarantor must meet the requirements for owners or operators in Section
				811.719
				and must comply with the terms of the guarantee. The owner or operator shall
				place a certified copy of the guarantee in the facility's operating record
				along with a copy of the letter from the guarantor's chief financial officer
				and copies of the accountants' opinions. If the guarantor's parent corporation
				is also the parent corporation of the owner or operator, the letter from the
				guarantor's chief financial officer must describe the value received in
				consideration of the guarantee. If the guarantor is a firm with a "substantial
				business relationship" with the owner or operator, this letter must describe
				this "substantial business relationship" and the value received in
				consideration of the guarantee.
b)
				The guarantee must be effective and all required submissions placed in the
				operating record before the initial receipt of waste or before February 17,
				1999, whichever is later, in the case of closure and post-closure care, or no
				later than 120 days after the corrective action remedy has been selected in
				accordance with the requirements of Section
				811.324,
				in the case of corrective action.
BOARD NOTE: Corresponding
				  40 CFR
				  258.74(g)(2) provides that
				  this requirement is effective "before the initial receipt of waste or before
				  the effective date of the requirements of this Section (April 9, 1997 or
				  October 9, 1997 for MSWLF units meeting the conditions of Sec. 258.1(f)(1) ),
				  whichever is later." The Board has instead inserted the date on which these
				  amendments are to be filed and become effective in Illinois.
c) The terms of the guarantee must provide as
				follows:
1) If the owner or operator fails to
				perform closure, post-closure care, or corrective action of a facility covered
				by the guarantee, the guarantor will:
A)
				Perform, or pay a third party to perform closure, post-closure care, and
				corrective action, as required (performance guarantee); or
B) Establish a fully funded trust fund, as
				specified in Section
				811.709
				or
				811.710, in
				the name of the owner or operator (payment guarantee).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Appendix A - Financial Assurance Forms › ILLUSTRATION A - Trust greement

Current through Register Vol. 48, No. 28, July 12, 2024
TRUST AGREEMENT
Trust Fund Number________
Trust Agreement, the "Agreement", entered into as of the
					 _______ day of__________, by and between
					 _______________________________________________ , a __________, the "Grantor",
					 and __________________ the "Trustee".
Whereas, Section 21.1 of the Environmental Protection Act,
					 "Act", prohibits any person from conducting any waste disposal operation unless
					 such person has posted with the Illinois Environmental Protection Agency,
					 "IEPA", a performance bond or other security for the purpose of insuring
					 closure of the site and post-closure care or corrective action in accordance
					 with the Act and Illinois Pollution Control Board, "IPCB", rules.
Whereas, the IPCB has established certain regulations
					 applicable to the Grantor, requiring that an operator of a waste disposal site
					 provide assurance that funds will be available when needed for closure and/or
					 post-closure care or corrective action of the site.
Whereas, the Grantor has elected to establish a trust to
					 provide all or part of such financial assurance for the sites identified in
					 this agreement.
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee.
Whereas, Trustee is an entity that has authority to act as
					 a trustee and whose trust operations are regulated by the Illinois Department
					 of Financial and Professional Regulation or who complies with the Corporate
					 Fiduciary Act [ 205 ILCS 5 ]. (Line through any condition that does not
					 apply.)
Now, Therefore, the Grantor and the Trustee agree as
					 follows:
Section 1.
Definitions.
As used in this Agreement:
a) The term "Grantor" means the operator who
				  enters into this Agreement and any successors or assigns of the
				  operator.
b) The term "Trustee"
				  means the Trustee who enters into this Agreement and any successor
				  Trustee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Appendix A - Financial Assurance Forms › ILLUSTRATION B - Certificate of Acknowledgment

Current through Register Vol. 48, No. 28, July 12, 2024
CERTIFICATE OF ACKNOWLEDGMENT
State of __________________________ )
) SS
County of _________________________ )
On this _________ day of ________, __________ before me
					 personally came _______________________________ (operator) to me known, who,
					 being by me duly sworn, did depose and say that she/he resides at
					 ______________________________________ (address), that she/he is
					 ____________________________________________ (title) of __________________
					 (corporation), the corporation described in and
					 ________________________________________________________________________________
					 which executed the above instrument; that she/he knows the seal of said
					 corporation; that the seal affixed to such instrument is such corporate seal;
					 that it was so affixed by order of the Board of Directors of said corporation,
					 and that she/he signed her/his name thereto by like order.
___________________________________ Notary Public
My Commission Expires ________________
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Appendix A - Financial Assurance Forms › ILLUSTRATION F - Certificate of Insurance for Closure and/or Post-Closure Care or Corrective Action

Current through Register Vol. 48, No. 28, July 12, 2024
CERTIFICATE OF INSURANCE FOR CLOSURE AND/OR
					 POST-CLOSURE CARE OR CORRECTIVE ACTION
Name and Address of Insurer
					 ("Insurer"):________________________________________
Name and Address of Insured
					 ("Insured"):________________________________________
Sites Covered:
Name__________________________________
Address__________________________________
City__________________________________
Amount insured for this site:
					 $________________________
Name__________________________________
Address__________________________________
City__________________________________
Amount insured for this site:
					 $________________________
Please attach a separate page if more space is needed for
					 all sites.
Face Amount__________________________________
Policy Number__________________________________
Effective Date__________________________________
The Insurer hereby certifies that it is licensed to
					 transact the business of insurance by the Illinois Department of Insurance or
					 that it is licensed to transact the business of insurance, or approved to
					 provide insurance as an excess or surplus lines insurer, by the insurance
					 department in one or more states.
The insurer hereby certifies that it has issued to the
					 Insured the policy of insurance identified above to provide financial assurance
					 for [indicate: closure and/or post-closure care or corrective action] for the
					 sites identified above. The Insurer further warrants that such policy conforms
					 in all respects with the requirements of 35 Ill. Adm. Code
					 811.714, as
					 applicable and as such regulations were constituted on the date shown
					 immediately below. It is agreed that any provision of the policy inconsistent
					 with such regulations is hereby amended to eliminate such inconsistency.
Whenever requested by the Illinois Environmental Protection
					 Agency ("IEPA"), the Insurer agrees to furnish to the IEPA a duplicate original
					 of the policy listed above, including all endorsements thereon.
I hereby certify that the wording of this certificate is
					 identical to the wording specified in 35 Ill. Adm. Code 811.Appendix A,
					 Illustration F as that regulation was constituted on the date shown
					 below.
Name (Authorized Signature for Insurer)
					 ______________________________________
Typed Name
					 ___________________________________________________________
Title __________________________
Date _________________________
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Appendix A - Financial Assurance Forms › ILLUSTRATION G - Owner's or Operator's Bond Without Surety

Current through Register Vol. 48, No. 28, July 12, 2024
OWNER'S OR OPERATOR'S BOND WITHOUT
					 SURETY
Date bond executed:
					 ______________________________________________________
Effective date:
					 ___________________________________________________________
Owner or Operator:
					 _______________________________________________________
Owner's or Operator's address:
					 ______________________________________________
Site:
					 __________________________________________________________________
Site address:
					 ___________________________________________________________
Penal Sum $ ______________________________
The owner or operator promises to pay the penal sum to the
					 Illinois Environmental Protection Agency unless the owner or operator provides
					 closure and post-closure care or corrective action for the site in accordance
					 with the closure and post-closure care or corrective action plans for the
					 site.
Owner or Operator
					 _______________________________________________________
Signature
					 ______________________________________________________________
Typed Name
					 ____________________________________________________________
Title
					 ___________________________________________________________________
Date: _______________________
Corporate seal