Illinois Administrative Code

Section 704.148 Inventory Requirements The owner or operator of an injection well that is authorized by rule under this Subpart C must submit inventory information to the Agency. Such an owner or operator is prohibited from injecting into the well upon failure to submit inventory…

Section 704.149 Requiring Other Information a) In addition to the inventory requirements of Section 704.148, the Agency may require the owner or operator of any well authorized by rule under this Subpart C to submit information as deemed necessary by the Agency to determine wheth…

Section 704.150 Requirements for Class I and III Injection Wells Authorized by Rule The following requirements apply to the owner or operator of a Class I or Class III well authorized by rule under this Subpart C, as provided by Section 704.144. a) The owner or operator must comp…

Section 704.151 RCRA Interim Status for Class I Injection Wells The minimum standards that define acceptable injection of hazardous waste during the period of interim status under 35 Ill. Adm. Code 703 are set out in the applicable provisions of this Part, 35 Ill. Adm. Code 725.5…

Section 704.161 Application for Permit; Authorization by Permit a) Permit Application. Unless an underground injection well is authorized by rule under Subpart C, all injection activities, including construction of an injection well, are prohibited until the owner or operator is …

Section 704.162 Area Permits a) The Agency may issue a permit on an area basis, rather than for each injection well individually, provided that the permit is for injection wells for which each of the following is true: 1) The injection wells are described and identified by locati…

Section 704.163 Emergency Permits a) Coverage. Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 702 or 705, the Agency may temporarily permit a specific underground injection if an imminent and substantial threat to the health of persons will result unless a …

Section 704.164 Signatories to Permit Applications BOARD NOTE: See 35 Ill. Adm. Code 702.126. (Source: Amended at 18 Ill. Reg. 18351, effective December 20, 1994) SUBPART E: PERMIT CONDITIONS

Section 704.181 Additional Conditions The following conditions apply to all UIC permits, in addition to those set forth in 35 Ill. Adm. Code 702.140 through 702.152, and these conditions must be incorporated into all permits either expressly or by reference. If incorporated by re…

Section 704.182 Establishing UIC Permit Conditions In addition to the conditions established under 35 Ill. Adm. Code 702.160 and Section 704.181, each UIC permit must include conditions meeting the requirements of the following Sections, when applicable. A permit for the owner or…

Section 704.183 Construction Requirements Existing wells must achieve compliance with construction requirements as set forth in 35 Ill. Adm. Code 730 according to a compliance schedule established as a permit condition. The owner or operator of a proposed new injection well must …

Section 704.184 Corrective Action UIC permits must require by condition corrective action as set forth in Section 704.193 and 35 Ill. Adm. Code 730.107 and 730.184. BOARD NOTE: Derived from 40 CFR 144.52(a)(2) (2011). (Source: Amended at 36 Ill. Reg. 1613, effective January 20, 2…

Section 704.185 Operation Requirements The permit must establish any maximum injection volumes and pressures necessary to assure that fractures are not initiated in the confining zone, that injected fluids do not migrate into any USDW, that formation fluids are not displaced into…

Section 704.186 Hazardous Waste Requirements UIC permits must require by condition requirements for wells managing hazardous waste, as set forth in Subpart F. BOARD NOTE: Derived from 40 CFR 144.52(a)(4) (2017). (Source: Amended at 42 Ill. Reg. 21095, effective November 19, 2018)

Section 704.187 Monitoring and Reporting UIC permits must require by condition monitoring and reporting requirements, as set forth in 35 Ill. Adm. Code 730. The permittee must be required to identify types of tests and methods used to generate the monitoring data. Monitoring of t…

Section 704.188 Plugging and Abandonment Any permit must include a requirement that, after a cessation of operations of two years, the owner or operator must plug and abandon the well in accordance with the plan unless it does the following: a) It provides notice to the Agency; a…

Section 704.189 Financial Responsibility a) The permittee, including the transferor of a permit, is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the Agency unt…

Section 704.190 Mechanical Integrity A permit for any Class I or Class III injection well or injection project that lacks mechanical integrity must include a condition that prohibits injection operations until the Agency has determined pursuant to 35 Ill. Adm. Code 730.108 that t…

Section 704.191 Additional Conditions The Agency must impose on a case-by-case basis such additional conditions as are necessary to prevent the migration of fluids into a USDW. BOARD NOTE: Derived from 40 CFR 144.52(a)(9) (2005). (Source: Amended at 31 Ill. Reg. 605, effective De…

Section 704.192 Waiver of Requirements by Agency a) When injection does not occur into, through, or above a USDW, the Agency may authorize a well or project with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring, and reporti…

Section 704.193 Corrective Action a) Coverage. An applicant for a Class I or Class III injection well permit must identify the location of all known wells within the injection well's area of review that penetrate the injection zone. For such wells that are improperly sealed, comp…

Section 704.194 Maintenance and Submission of Records The Agency must include, as a condition to any UIC permit, a requirement that the owner or operator of the injection well must establish and maintain such records, make such reports, conduct such monitoring, and provide such o…

Section 704.201 Applicability This Subpart F applies to a generator of hazardous waste and to the owner or operator of any hazardous waste management facility that uses any class of well to inject hazardous wastes accompanied by a manifest. (See also Section 704.124.) BOARD NOTE:…

Section 704.202 Authorization The owner or operator of any well that is used to inject hazardous wastes accompanied by a manifest or delivery document is required to apply for authorization to inject. BOARD NOTE: Derived from 40 CFR 144.14(b) (2017) (Source: Amended at 42 Ill. Re…

Section 704.203 Requirements In addition to requiring compliance with the applicable requirements of this Part and 35 Ill. Adm. Code 730, the owner or operator of any facility described in Section 704.202 must comply with the following requirements: a) Notification. The owner or …

Section 704.210 Applicability Sections 704.212, 704.213, and 704.240 apply to the owner or operator of an existing or new Class I Hazardous waste injection well, except as provided otherwise in this Subpart G. BOARD NOTE: Derived from 40 CFR 144.60 (2005). (Source: Amended at 31 …

Section 704.211 Definitions a) "Plugging and abandonment plan" or "plan" means the plan for plugging and abandonment prepared in accordance with Sections 704.150 and 704.181(f). b) "Current plugging and abandonment cost estimate" or "current cost estimate" means the most recent o…

Section 704.212 Cost Estimate for Plugging and Abandonment a) The owner or operator must prepare a written estimate, in current dollars, of the cost of plugging the injection well in accordance with the plugging and abandonment plan, as specified in Sections 704.150 and 704.181(f…

Section 704.213 Financial Assurance for Plugging and Abandonment An owner or operator of each facility must establish financial assurance for the plugging and abandonment of each existing and new Class I hazardous waste injection well. The owner or operator must choose one of the…

Section 704.214 Trust Fund a) An owner or operator may satisfy the financial assurance requirement 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. An owner or operato…

Section 704.215 Surety Bond Guaranteeing Payment a) An owner or operator may satisfy the financial assurance requirement by obtaining a surety bond that conforms to the requirements of this Section and submitting the bond to the Agency with the application for a permit or for app…

Section 704.216 Surety Bond Guaranteeing Performance a) An owner or operator may satisfy the financial assurance requirement by obtaining a surety bond that conforms to the requirements of this Section and submitting the bond to the Agency. An owner or operator of a new facility …

Section 704.217 Letter of Credit a) An owner or operator may satisfy the financial assurance requirement by obtaining an irrevocable standby letter of credit that conforms to this Section and submitting the letter to the Agency. An owner or operator of an injection well must subm…

Section 704.218 Plugging and Abandonment Insurance a) An owner or operator may satisfy the financial assurance requirement by obtaining insurance that conforms to this Section and submitting a certificate of such insurance to the Agency. An owner or operator of a new injection we…

Section 704.219 Financial Test and Corporate Guarantee a) An owner or operator may satisfy the financial assurance requirement by demonstrating that the owner or operator passes a financial test as specified in this Section. To pass this test the owner or operator must meet the c…

Section 704.220 Multiple Financial Mechanisms An owner or operator may satisfy the financial assurance requirement by establishing more than one financial mechanism per injection well. These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fun…

Section 704.221 Financial Mechanism for Multiple Facilities An owner or operator may use a financial assurance mechanism specified in Sections 704.213 or 704.220 to meet the financial assurance requirement for more than one injection well. Evidence of financial assurance submitte…

Section 704.222 Release of the Owner or Operator Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that plugging and abandonment has been accomplished in accordance with the plan, the Agency must notify th…

Section 704.230 Incapacity a) An owner or operator must notify the Agency by certified mail of the commencement of a voluntary or involuntary proceeding under 11 USC (Bankruptcy), naming the owner or operator as debtor, within 10 business days after the commencement of the procee…

Section 704.240 Wording of the Instruments The Agency must promulgate standardized forms based on 40 CFR 144.70 (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 …

Section 704.260 Transfer a) Transfer by Modifications. Except as provided in subsection (b), a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or reissued (under Sections 704.261 through 704.264) to identify the new permi…

Section 704.261 Modification When the Agency receives any information (for example, it inspects the facility; it receives information submitted by the permittee, as required in the permit (see 35 Ill. Adm. Code 702.140 through 702.152); it receives a request for modification or r…

Section 704.262 Causes for Modification a) The following are causes for modification of a permit. For a Class I hazardous waste injection well or a Class III or Class IV injection well, any of the following may be cause for reissuance of the permit, as well as for permit modifica…

Section 704.263 Well Siting Suitability of the well location must not be considered at the time of permit modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of permit issuance or unless re…

Section 704.264 Minor Modifications Upon the consent of the permittee, the Agency may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this Section, without following the procedures of 35 Ill. Adm. Code 705. Any permit modifica…

Section 704.279 General This Subpart I sets forth the requirements applicable to the owner or operator of a Class V injection well. Additional requirements listed elsewhere in this Part may also apply. Where they may apply, those other requirements are referenced rather than repe…

Section 704.280 Definition of a Class V Injection Well