Illinois Administrative Code

Section 702.120 Permit Application a) Applying for a UIC Permit. Any person that is required to have a permit (including new applicants and permittees with expiring permits) must complete, sign, and submit an application to the Agency as described in this Section and in 35 Ill. A…

Section 702.121 Who Applies When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application. BOARD NOTE: Derived from 40 CFR 144.31(b)(1993) and 270.10(…

Section 702.122 Completeness The Agency must not issue a permit under a program (RCRA or UIC) before receiving a complete application for a permit under that program, except for emergency permits. An application for a permit under a program is complete when the Agency receives an…

Section 702.123 Information Requirements An applicant for a RCRA or UIC Class I, III, or V permit must provide the following information to the Agency, using the application form provided by the Agency (additional information required of applicants is set forth in Subpart D of 35…

Section 702.124 Recordkeeping An applicant must keep records of all data used to complete permit applications and any supplemental information submitted pursuant to 35 Ill. Adm. Code 702.123, Subpart D of 35 Ill. Adm. Code 703 (RCRA); and 35 Ill. Adm. Code 704.161 (UIC) for a per…

Section 702.125 Continuation of Expiring Permits a) The conditions of an expired permit continue in force until the effective date of a new permit (see 35 Ill. Adm. Code 705.201) if both of the following conditions are fulfilled: 1) The permittee has submitted a timely applicatio…

Section 702.126 Signatories to Permit Applications and Reports a) Applications. A permit application must be signed as follows: 1) For a corporation: a permit application must be signed by a responsible corporate officer. For the purpose of this Section, a responsible corporate o…

Section 702.140 Conditions Applicable to all Permits The conditions of this Subpart C apply to all RCRA and UIC permits. For additional conditions applicable to all permits for each of the programs individually, see Subpart F of 35 Ill. Adm. Code 703 (RCRA) and Subpart E of 704 (…

Section 702.141 Duty to Comply The permittee must comply with all conditions of its permit. Any permit noncompliance constitutes a violation of the Illinois Environmental Protection Act and is grounds for one or more of the following actions: for an enforcement action, for permit…

Section 702.142 Duty to Reapply If a permittee wishes to continue an activity regulated by its permit after the expiration date of the permit, the permittee must apply for and obtain a new permit. BOARD NOTE: Derived from 40 CFR 144.51(b) and 270.30(b) (2005). (Source: Amended at…

Section 702.143 Need to Halt or Reduce Activity Not a Defense It will not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of its permit. BOARD NOTE…

Section 702.144 Duty to Mitigate a) For RCRA permits, in the event of noncompliance with its permit, the permittee must take all reasonable steps to minimize releases to the environment, and must carry out such measures as are reasonable to prevent significant adverse impacts on …

Section 702.145 Proper Operation and Maintenance The permittee must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of …

Section 702.146 Permit Actions A permit may be modified or revoked for cause. The filing of a request by the permittee for a permit modification or reissuance, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. BOARD NOTE: Deriv…

Section 702.147 Property Rights A permit conveys no property rights of any sort, nor does a permit convey any exclusive privilege. BOARD NOTE: Derived from 40 CFR 144.51(g) and 270.30(g) (2005). (Source: Amended at 31 Ill. Reg. 438, effective December 20, 2006)

Section 702.148 Duty to Provide Information A permittee must furnish to the Agency, within a reasonable time, any relevant information that the Agency may request to determine whether cause exists for modifying or reissuing this permit or to determine compliance with this permit.…

Section 702.149 Inspection and Entry A permittee must allow an authorized representative of the Agency, upon the presentation of credentials and other documents as may be required by law, to do any of the following: a) Enter at reasonable times upon the permittee's premises where…

Section 702.150 Monitoring and Records a) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity. b) The permittee must retain records of all monitoring information, including all calibration and maintenance records and all o…

Section 702.151 Signature Requirements All applications, reports, or information submitted to the Agency must be signed and certified in accordance with Section 702.126. BOARD NOTE: Derived from 40 CFR 144.51(k) and 270.30(k) (2005). (Source: Amended at 31 Ill. Reg. 438, effectiv…

Section 702.152 Reporting Requirements a) Planned Changes. The permittee must give notice to the Agency as soon as possible of any planned physical alterations or additions to the permitted facility. b) Anticipated Noncompliance. The permittee must give advance notice to the Agen…

Section 702.160 Establishing Permit Conditions a) In addition to conditions required in permits for both programs (Sections 702.140 through 702.152), the Agency must establish conditions in RCRA and UIC permits, as required on a case-by-case basis, pursuant to Section 702.150 (mo…

Section 702.161 Duration of Permits a) Permit duration. 1) RCRA. A RCRA permit must be effective for a fixed term to be determined by the Agency on a case-by-case basis, but not to exceed 10 years. 2) UIC. A UIC permit for a Class I or Class V injection well must be effective for…

Section 702.162 Schedules of Compliance The permit may, when appropriate, specify a schedule of compliance leading to compliance with the appropriate act and regulations. a) Time for Compliance. Any schedules of compliance pursuant to this Section must require compliance as soon …

Section 702.163 Alternative Schedules of Compliance A RCRA or UIC permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment or storage HWM facilities, by closing pursuant to applicable requirement…

Section 702.164 Recording and Reporting A permit must specify the following: a) Requirements as to the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods, when appropriate); b) Required monitori…

Section 702.181 Effect of a Permit a) The existence of a RCRA or UIC permit does not constitute a defense to a violation of the Environmental Protection Act or this Subtitle G, except for prohibitions against development, modification, or operation without a permit. A permit may …

Section 702.182 Transfer For RCRA, see 35 Ill. Adm. Code 703.260. For UIC, see 35 Ill. Adm. Code 704.260. (Source: Amended at 14 Ill. Reg. 3089, effective February 20, 1990)

Section 702.183 Modification For RCRA, see 35 Ill. Adm. Code 703.270. For UIC, see 35 Ill. Adm. Code 704.261. (Source: Amended at 14 Ill. Reg. 3089, effective February 20, 1990)

Section 702.184 Causes for Modification For RCRA, see 35 Ill. Adm. Code 703.271 and 703.272. For UIC, see 35 Ill. Adm. Code 704.262. (Source: Amended at 14 Ill. Reg. 3089, effective February 20, 1990)

Section 702.185 Facility Siting For RCRA, see 35 Ill. Adm. Code 703.273. For UIC, see 35 Ill. Adm. Code 704.263. (Source: Amended at 14 Ill. Reg. 3089, effective February 20, 1990)

Section 702.186 Revocation The Board will revoke a permit during its term in accordance with Title VIII of the Environmental Protection Act for the following causes: a) The permittee's violation of the Environmental Protection Act or regulations adopted thereunder; b) Noncomplian…

Section 702.187 Minor Modifications For RCRA, see 35 Ill. Adm. Code 703.280. For UIC, see 35 Ill. Adm. Code 704.264. (Source: Amended at 14 Ill. Reg. 3089, effective February 20, 1990)

Section 703.100 Scope and Relation to Other Parts a) This Part requires RCRA permits, pursuant to Section 21(f) of the Environmental Protection Act [415 ILCS 5/21(f)], for hazardous waste management (HWM) facilities, which may include one or more treatment, storage, or disposal (…

Section 703.101 Purpose a) The purpose of this Part is to provide for the issuance of RCRA permits to satisfy the permit requirement of Section 21(f) of the Environmental Protection Act [415 ILCS 5/21(f)]; b) This Part is adopted in order to obtain final authorization from the Un…

Section 703.102 Electronic Reporting The filing of any document pursuant to any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104. BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and 271.12(h) (2005), as amended…

Section 703.110 References 35 Ill. Adm. Code 720.111 lists all documents incorporated by reference for the Illinois RCRA and UIC programs. BOARD NOTE: This Section corresponds with 40 CFR 270.6. (Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003) SUBPART B: PROHIB…

Section 703.120 Prohibitions in General a) Violation of the provisions of this Subpart may result in an enforcement action and sanctions pursuant to Titles VIII and XII of the Environmental Protection Act; b) This Subpart B serves the following functions: 1) It prohibits the cond…

Section 703.121 RCRA Permits a) No person may conduct any hazardous waste storage, hazardous waste treatment, or hazardous waste disposal operation as follows: 1) Without a RCRA permit for the HWM (hazardous waste management) facility; or 2) In violation of any condition imposed …

Section 703.122 Specific Inclusions in Permit Program Owners and operators of certain facilities require RCRA permits as well as permits under other programs for certain aspects of the facility operation. RCRA permits are required for the following activities and faciltities: a) …

Section 703.123 Specific Exclusions and Exemptions from Permit Program The following persons are not required to obtain a RCRA permit: a) A generator that accumulates hazardous waste on site in compliance with all of the conditions for exemption provided in 35 Ill. Adm. Code 722.…

Section 703.124 Discharges of Hazardous Waste a) A person is not required to obtain a RCRA permit for treatment or containment activities taken during immediate response to any of the following situations: 1) A discharge of a hazardous waste; 2) An imminent and substantial threat…

Section 703.125 Reapplying for a Permit If a facility owner or operator has an effective permit and it wants to reapply for a new one, it has the following two options: a) The owner or operator may submit a new application at least 180 days before the expiration date of the effec…

Section 703.126 Initial Applications Except as provided in Subpart C of this Part, no person may begin physical construction of a new HWM facility without having submitted Part A and Part B of the permit application and received a finally effective RCRA permit. BOARD NOTE: Derive…

Section 703.127 Federal Permits (Repealed) (Source: Repealed at 8 Ill. Reg. 206, effective December 27, 1983.) SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.140 Purpose and Scope a) The Sections of this Subpart C are divided into the following two groups: 1) Section 703.141 (Permits by Rule); and 2) Sections 703.151 through 703.158, relating to interim status; b) The interim status rules correspond to subpart G of 40 CFR …

Section 703.141 Permits by Rule Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 705, the following must be deemed to have a RCRA permit if the conditions listed are met: a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel th…

Section 703.150 Application by Existing HWM Facilities and Interim Status Qualifications a) The owner or operator of an existing HWM facility or of an HWM facility in existence on the effective date of statutory or regulatory amendments that render the facility subject to the req…