Illinois Administrative Code

Section 704.284 Permit Requirements No permit is required for a Class V injection well, unless the owner or operator falls within an exception described in subsection (b). a) General Authorization by Rule. With certain exceptions listed in subsection (b), an owner's or operator's…

Section 704.285 Applicability of the Additional Requirements a) Large-Capacity Cesspools. The additional requirements set forth in Section 704.288 apply to a new and existing large-capacity cesspool. If the owner or operator is using a septic system for these type of wastes, the …

Section 704.286 Definitions "State drinking water source assessment and protection program" is a new approach to protecting drinking water sources, specified in section 1453 of the 1996 Amendments to the Safe Drinking Water Act (42 USC 300j-13). BOARD NOTE: Under the federal requ…

Section 704.287 Location in a Groundwater Protection Area or Another Sensitive Area a) The owner or operator of an existing motor vehicle waste disposal well located in a groundwater protection area or another sensitive groundwater area is subject to Section 704.288. BOARD NOTE: …

Section 704.288 Additional Requirements Additional requirements are as follows: a) Additional Requirements for Large-Capacity Cesspools Statewide. See Section 704.285 to determine the applicability of these additional requirements. Large-capacity cesspools are prohibited. b) Addi…

Section 704.289 Closure of a Class V Injection Well The following describes the requirements for closing or converting a Class V injection well: a) Closure 1) Prior to closing a Class V large-capacity cesspool or motor vehicle waste disposal well, the owner or operator must plug …

Section 705.101 Scope and Applicability a) This Part sets forth procedures that the Illinois Environmental Protection Agency (Agency) must follow in issuing RCRA (Resource Conservation and Recovery Act) and UIC (Underground Injection Control) permits. This Part also specifies rul…

Section 705.102 Definitions The definitions in 35 Ill. Adm. Code 702 apply to this Part. BOARD NOTE: Derived from 40 CFR 124.2 (2002). (Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.103 Computation of Time Any time period allowance schedule or requirement provided under this Part must be computed in accordance with 35 Ill. Adm. Code 101.300. BOARD NOTE: This Section corresponds with 40 CFR 124.20 (2002). (Source: Amended at 27 Ill. Reg. 3675, eff…

Section 705.104 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 and 145.11(a)(33), as added, and 40 CFR 271.10(b), 271.11(b), and 271.12(h) …

Section 705.121 Permit Application a) Any person who requires a permit under the RCRA (Resource Conservation and Recovery Act) or UIC (Underground Injection Control) program must complete, sign and submit to the Agency an application for each permit required under 35 Ill. Adm. Co…

Section 705.122 Completeness a) The Agency must review every application for a RCRA or UIC permit for completeness. b) Time limitations on Agency review for application completeness: 1) Each application for a permit submitted by a new HWM (hazardous waste management) facility or …

Section 705.123 Incomplete Applications If an applicant fails or refuses to correct Agency-noted deficiencies in its permit application, the Agency may either deny or issue the permit on the basis of the information available to the Agency; if warranted, appropriate enforcement a…

Section 705.124 Site Visit If the Agency decides, pursuant to Section 4(d) of the Act, that a site visit is necessary for any reason in conjunction with the processing of an application, the Agency must notify the applicant, and the Agency and the applicant must schedule a site v…

Section 705.125 Effective Date The effective date of a permit application is the date on which the Agency notifies the applicant that the application is complete, as provided in Section 705.122. BOARD NOTE: Derived from 40 CFR 124.3(f) (2002). (Source: Amended at 27 Ill. Reg. 367…

Section 705.126 Decision Schedule For each permit application from a major new HWM facility or major new UIC injection well, the Agency must, no later than the effective date of the application, prepare and mail to the applicant a projected decision schedule. The schedule must sp…

Section 705.127 Consolidation of Permit Processing Whenever a facility or activity requires more than one permit under more than one Part of the Board's rules and regulations, the Agency may, in its discretion and consistent the individual requirements for each permit, consolidat…

Section 705.128 Modification or Reissuance of Permits a) The Agency may modify or reissue a permit either at the request of any interested person (including the permittee) or on its own initiative. However, the Agency may only modify or reissue a permit for the reasons specified …

Section 705.141 Draft Permits a) Once an application for permit is complete, the Agency must tentatively decide whether to prepare a draft permit or to deny the application. b) If the Agency tentatively decides to deny the permit application, it must issue a notice of intent to d…

Section 705.142 Statement of Basis The Agency must prepare a statement of basis for every draft permit or notice of intent to deny for which a fact sheet under Section 705.143 is not prepared. The statement of basis must briefly describe the derivation of the conditions of the dr…

Section 705.143 Fact Sheet a) A fact sheet must be prepared for every draft permit for a major HWM or a major UIC facility or activity, and for every draft permit or notice of intent to deny that the Agency finds is the subject of widespread public interest or raises major issues…

Section 705.144 Administrative Record for Draft Permits or Notices of Intent to Deny a) The provisions of a draft permit or notice of intent to deny the application must be based on the administrative record, as defined in this Section. b) The administrative record must consist o…

Section 705.161 When Public Notice Must Be Given a) The Agency must give public notice whenever any of the following actions have occurred: 1) A permit application has been tentatively denied under Section 705.141(b); 2) A draft permit has been prepared under Section 705.141(c); …

Section 705.162 Timing of Public Notice a) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under Section 705.161 must allow time for public comment, as follows: 1) For UIC permits, at least 30 days ; or 2) Fo…

Section 705.163 Methods of Public Notice Public notice of activities described in Section 705.161(a) must be given by the following methods: a) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive h…

Section 705.164 Contents of Public Notice a) All public notices issued under this Part must contain the following minimum information: 1) The name and address of the Agency; 2) The name and address of the permittee or permit applicant and, if different, the name and address of th…

Section 705.165 Distribution of Other Materials In addition to the general public notice described in Section 705.163(a), all persons identified in Section 705.163(a) must be mailed a copy of the fact sheet or statement of basis, the permit application (if any), and the draft per…

Section 705.181 Public Comments and Requests for Public Hearings During the public comment period provided under Subpart D, any interested person may submit written comments on the draft permit to the Agency, and any interested person may request a public hearing. A request for a…

Section 705.182 Public Hearings a) When the Agency Holds Public Hearings 1) The Agency must hold a public hearing whenever it finds a significant degree of public interest in a draft permit on the basis of requests. 2) The Agency may also hold a public hearing at its discretion, …

Section 705.183 Obligation to Raise Issues and Provide Information All persons, including applicants, who believe any condition of a draft permit is inappropriate, or that the Agency's tentative decision to deny an application or prepare a draft permit is inappropriate, must rais…

Section 705.184 Reopening of Public Comment Period a) The Agency may reopen the public comment period under this Section if doing so could expedite the decisionmaking process. 1) If the public comment period is reopened under this subsection (a), any person, including the applica…

Section 705.201 Final Permit Decision a) After the close of the public comment period under Subpart D or Section 705.182, the Agency must issue a final permit decision. b) A final permit decision must consist of either of the following: 1) A letter of denial that includes each of…

Section 705.202 Stay of Permit Conditions upon Appeal An appeal pursuant to Section 705.212 has the following effect on permit conditions: a) If a timely application was filed for renewal of an existing permit, the existing permit and all its conditions continue to apply during t…

Section 705.203 Stay for New Application or upon Untimely Application for Renewal (Repealed) (Source: Repealed at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.204 Stay upon Reapplication or for Modification (Repealed) (Source: Repealed at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.205 Stay Following Interim Status (Repealed) (Source: Repealed at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 705.210 Agency Response to Comments a) At the time that any final permit decision is issued under Section 705.201, the Agency must issue a response to comments. This response must do the following: 1) It must specify which provisions, if any, of the draft permit have been…

Section 705.211 Administrative Record for Final Permits or Letters of Denial a) The Agency must base final permit decisions under Section 705.201 on the administrative record defined in this Section. b) The administrative record for any final permit or letter of denial must consi…

Section 705.212 Appeal of Agency Permit Determinations a) Within 35 days after a RCRA or UIC final permit decision notification has been issued under Section 705.201, the following persons may petition the Board to review any condition of the permit decision: 1) The permit applic…

Section 705.300 General Information About RCRA Standardized Permits a) RCRA Standardized Permit. A RCRA standardized permit is a special form of RCRA permit that may consist of two parts: a uniform portion that the Agency issues in all cases, and a supplemental portion that the A…

Section 705.301 Applying for a RCRA Standardized Permit a) Applying for a RCRA standardized permit. 1) A facility owner or operator must follow the requirements in this Subpart, as well as those in 35 Ill. Adm. Code 703.191 and Subparts B and J of 35 Ill. Adm. Code 703. 2) The ow…

Section 705.302 Issuance of a RCRA Standardized Permit a) Agency Preparation of a Draft RCRA Standardized Permit 1) The Agency must review the Notice of Intent and supporting information submitted by the facility owner or operator. 2) The Agency must determine whether the facilit…

Section 705.303 Public Participation in the RCRA Standardized Permit Process a) Requirements for Public Notices 1) The Agency must provide public notice of its draft permit decision and must provide an opportunity for the public to submit comments and request a hearing on that de…

Section 705.304 Modifying a RCRA Standardized Permit a) Permissible Types of Changes an Owner or Operator May Make to its RCRA Standardized Permit. A facility owner or operator may make a routine change, a routine change with prior Agency approval, or a significant change. For th…

Section 705.APPENDIX A Procedures for Permit Issuance (Source: Amended at 27 Ill. Reg. 3675, effective February 14, 2003)

Section 709.102 Definitions The definitions of 35 Ill. Adm. Code 729.301 apply to this Part, in addition to the following terms: "Act" means the Environmental Protection Act (Ill. Rev. Stat. 1983, ch. 111½, par. 1001) "Agency" means the Illinois Environmental Protection Agency "B…

Section 709.103 Deemed-issued Wastestream Authorizations a) If prior to July 5, 1984, the Agency issued a supplemental permit pursuant to 35 Ill. Adm. Code 807.210 for a residual from the treatment of liquid hazardous waste, and such supplemental permit is valid, such supplementa…