Illinois Administrative Code

Section 845.750 Closure with a Final Cover System Closure Performance Standard When Leaving CCR in Place a) The owner or operator of a CCR surface impoundment must ensure that, at a minimum, the CCR surface impoundment is closed in a manner that will: 1) Control, minimize or elim…

Section 845.760 Completion of Closure Activities a) Except as provided for in subsection (b), the owner or operator must complete closure of existing and new CCR surface impoundments, and any lateral expansion of a CCR surface impoundment, within the timeframe approved by the Age…

Section 845.770 Retrofitting Retrofit of a CCR surface impoundment must be completed in accordance with the requirements of this Section. a) To retrofit an existing CCR surface impoundment, the owner or operator must: 1) First remove all CCR, including any liners except as specif…

Section 845.780 Post-Closure Care Requirements a) Applicability 1) Except as provided by subsection (a)(2), this Section applies to the owners or operators of CCR surface impoundments who have completed an Agency approved closure. 2) An owner or operator of a CCR surface impoundm…

Section 845.800 Facility Operating Record a) Each owner or operator of a CCR surface impoundment subject to the requirements of this Part must maintain files of all information required by this Section in a written operating record at the facility. b) Unless specified otherwise, …

Section 845.810 Publicly Accessible Internet Site Requirements a) Each owner or operator of a CCR surface impoundment subject to the requirements of this Part must maintain a publicly accessible Internet site (CCR website) containing the information specified in this Section. The…

Section 845.900 General Provisions a) This Subpart provides procedures by which the owner or operator of a CCR surface impoundment subject to this Part provides financial assurance satisfying the requirements of Section 22.59(f) of the Act. b) The owner or operator must provide f…

Section 845.910 Upgrading Financial Assurance a) The owner or operator must increase the total amount of financial assurance to equal or exceed the current cost estimate within 60 days after either of the following occurrences: 1) An increase in the current cost estimate; or 2) A…

Section 845.920 Release of Financial Institution and Owner or Operator a) The Agency must release a trustee, surety, or other financial institution when: 1) An owner or operator substitutes alternative financial assurance such that the total financial assurance for the CCR surfac…

Section 845.930 Cost Estimates a) The owner or operator must prepare and submit to the Agency, for approval, written cost estimates for: 1) The total costs for closure and post-closure care; 2) Preliminary corrective action costs; and 3) The total costs of the corrective action p…

Section 845.940 Revision of Cost Estimates a) During the active life of the CCR surface impoundment, the owner or operator must adjust the cost estimates for closure, post-closure care, and corrective action for inflation on an annual basis. The adjustments must occur within 60 d…

Section 845.950 Mechanisms for Financial Assurance a) The owner or operator of a CCR surface impoundment must use any of the mechanisms listed in this subsection (a) to provide financial assurance for closure and post-closure care, and for corrective action at a CCR surface impou…

Section 845.960 Trust Fund a) An owner or operator may satisfy the requirements of this Subpart by establishing a fully funded trust fund that conforms to the requirements of this Section and submitting to the Agency an original signed duplicate of the trust agreement. b) The tru…

Section 845.970 Surety Bond Guaranteeing Payment a) An owner or operator may satisfy the requirements of this Subpart by obtaining a surety bond that conforms to the requirements of this Section and submitting the bond to the Agency. b) The surety company issuing the bond must, a…

Section 845.980 Surety Bond Guaranteeing Performance a) An owner or operator may satisfy the requirements of this Subpart by obtaining a surety bond that conforms to the requirements of this Section and submitting the bond to the Agency. b) The surety company issuing the bond mus…

Section 845.990 Letter of Credit a) An owner or operator may satisfy the requirements of this Subpart by obtaining an irrevocable standby letter of credit that conforms to the requirements of this Section and submitting the letter to the Agency. b) The issuing institution must be…

Section 848.101 Applicability Section 55 of the Environmental Protection Act [415 ILCS 5/55] sets forth prohibitions relative to the storage, processing, disposal and transportation of used and waste tires. This Part sets forth rules establishing further requirements relative to …

Section 848.102 Severability If any section, subsection, sentence or clause of this Part shall be adjudged unconstitutional, invalid or otherwise not effective for any reason, such adjudication shall not affect the validity of this Part as a whole or of any section, subsection, s…

Section 848.103 Other Regulations a) The requirements of this Part are in addition to other requirements in the Act or Board regulations. In case of conflict, applicability will be determined on the basis of considerations such as, but not limited to, the degree to which the stat…

Section 848.104 Definitions For the purposes of this Part, except as the context otherwise clearly requires, the words and terms defined in this Section have the meanings given in this Section. Words and terms not defined in this Section have the meanings otherwise set forth in t…

Section 848.105 Incorporation by Reference a) The Board incorporates the following document by reference: NFPA 51B, "Standard for Fire Prevention During Welding, Cutting, and Other Hot Work", 2014 Edition, National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy M…

Section 848.106 Estimating the Weight of Used and Waste Tire Accumulations a) If the weight of an accumulation of used or waste tires is unknown, its weight may, for the purposes of this Part, be calculated by multiplying the volume of the accumulation, measured in cubic yards, b…

Section 848.201 Applicability Owners and operators of any tire storage site and the owners and operators of any tire disposal site are subject to this Subpart. (Source: Amended at 39 Ill. Reg. 12934, effective September 8, 2015)

Section 848.202 Requirements a) Owners and operators of any site at which more than 50 used or waste tires are located at any one time must comply with the following requirements: 1) No used or waste tires shall be placed or accumulated outside of a building or fully enclosed con…

Section 848.203 Contingency Planning and Emergency Response Owners and operators of any site at which more than 60 tons of used or waste tires are located at any one time must: a) establish and maintain, for each site that is subject to the requirements of this Section, a conting…

Section 848.204 Storage of Used and Waste Tires Within Buildings a) Owners and operators of any tire storage site or any tire disposal site who store used or waste tires within buildings must meet the requirements of this Section. b) No used or waste tires shall be stored within …

Section 848.205 Pesticide Treatment a) Owners and operators of any tire storage site or any tire disposal site treating used or waste tires with pesticides must: 1) use a pesticide labeled for control of mosquito larvae unless an adult mosquito problem is identified; 2) maintain …

Section 848.206 Exemptions for Tire Retreading Facilities (Repealed) (Source: Repealed at 39 Ill. Reg. 12934, effective September 8, 2015)

Section 848.207 Exemptions for Tire Stamping and Die Cutting Facilities (Repealed) (Source: Repealed at 39 Ill. Reg. 12934, effective September 8, 2015)

Section 848.208 Exemptions for Sites with a Tire Removal Agreement (Repealed) (Source: Repealed at 39 Ill. Reg. 12934, effective September 8, 2015) SUBPART C: RECORDKEEPING AND REPORTING

Section 848.301 Applicability a) Except to the extent exempted under subsection (b), the owners and operators of any tire storage site at which more than 60 tons of used or waste tires are located at any one time, as well as the owners and operators of any tire disposal site at w…

Section 848.302 Records a) The owner and operator must keep the following records: 1) Daily Tire Record; 2) Annual Tire Summary; and 3) Tire Tracking Receipts. b) Each Annual Tire Summary submitted to the Agency shall be in a form as prescribed by the Agency. (Source: Amended at …

Section 848.303 Daily Tire Record a) The owner or operator must maintain a Daily Tire Record at the site. The Daily Tire Record must include the day of the week, the date, the Agency designated site number, the site name and address, and the additional information required under …

Section 848.304 Annual Tire Summary a) The owner or operator must submit an Annual Tire Summary to the Agency for each calendar year. The Annual Tire Summary must be in a form prescribed by the Agency and must include the Agency designated site number, the site name and address, …

Section 848.305 Tire Tracking Receipts a) Upon receiving any used or waste tires at the site, the owner or operator must provide a receipt to the transporter and keep a copy of the receipt. The receipt must include all of the following: the signature of the owner or operator; the…

Section 848.306 Certification a) All records, summaries, and reports submitted to the Agency as required by this Subpart must be signed by a person designated by the owner or operator as responsible for preparing and reviewing those documents as part of his or her duties in the r…

Section 848.307 Retention of Records Copies of all records required to be kept under this Subpart shall be retained by the owner and operator for three years and shall be made available at the site during the normal business hours of the operator for inspection and photocopying b…

Section 848.400 Scope and Applicability a) Except to the extent exempted by subsection (b), owners and operators of any tire storage site and owners and operators of any tire disposal site must comply with this Subpart prior to storing or disposing of any used or waste tires. b) …

Section 848.401 Maintaining Financial Assurance a) Except as otherwise provided in subsection (b), the owner or operator must at all times maintain financial assurance in an amount equal to or greater than the current approved removal cost estimate calculated pursuant to Section …

Section 848.402 Release of Financial Institution The Agency must release a trustee, bank, surety or other financial institution as soon as practicable after the owner or operator makes a written request for release and demonstrates that either one of the following events has occu…

Section 848.403 Application of Proceeds and Appeal a) The Agency may sue in any court of competent jurisdiction to enforce its rights under financial instruments used to provide the financial assurance required under this Subpart. The filing of an enforcement action before the Bo…

Section 848.404 Removal Cost Estimate a) No later than January 1 of each year, the owner or operator must submit to the Agency, for approval, a written estimate of the cost of removing the maximum number of used and waste tires that will be accumulated at the site at any time. Th…

Section 848.406 Mechanisms for Financial Assurance The owner or operator may use any one of the following mechanisms to provide financial assurance for removal of used and waste tires or may use a combination of these mechanisms to the extent authorized under Section 848.407: a) …

Section 848.407 Use of Multiple Financial Mechanisms An owner or operator may satisfy the requirements of this Subpart by establishing more than one financial mechanism listed in Section 848.406 per site. These mechanisms listed in Section 948.406 include trust funds, surety bond…

Section 848.408 Use of a Financial Mechanism for Multiple Sites 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 inc…

Section 848.410 Trust Fund a) An owner or operator may satisfy the requirements of this Subpart by establishing a trust fund that conforms to the requirements of this Section and submitting an originally signed duplicate of the trust agreement to the Agency. b) The trustee must b…

Section 848.411 Surety Bond Guaranteeing Payment a) An owner or operator may satisfy the requirements of this Subpart by obtaining a surety bond that conforms to the requirements of this Section and submitting the bond to the Agency. b) The surety company issuing the bond must, a…