Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 703 - RCRA PERMIT PROGRAM
Subpart H - REMEDIAL ACTION PLANS
Section 703.302 - Applying for a RAP
Current through Register Vol. 48, No. 38, September 20, 2024
a) Applying for a RAP. To apply for a RAP, an owner or operator must complete an application, sign it, and submit it to the Agency according to the requirements in this Subpart H.
BOARD NOTE: Subsection (a) is derived from 40 CFR 270.95(2012).
b) The person who must obtain a RAP. When a facility or remediation waste management site is owned by one person, but the treatment, storage, or disposal activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner must also sign the RAP application.
BOARD NOTE: Subsection (b) is derived from 40 CFR 270.100(2012).
c) The person who must sign the application and any required reports for a RAP. Both the owner and the operator must sign the RAP application and any required reports according to 35 Ill. Adm. Code 702.126(a), (b), and (c). In the application, both the owner and the operator must also make the certification required pursuant to 35 Ill. Adm. Code 702.126(d)(1). However, the owner may choose the alternative certification pursuant to 35 Ill. Adm. Code 702.126(d)(2) if the operator certifies pursuant to 35 Ill. Adm. Code 702.126(d)(1).
BOARD NOTE: Subsection (c) is derived from 40 CFR 270.105(2012).
d) What an owner or operator must include in its application for a RAP. An owner or operator must include the following information in its application for a RAP:
BOARD NOTE: Subsection (d) is derived from 40 CFR 270.110(2012).
e) If an owner or operator wants to keep this information confidential. 35 Ill. Adm. Code 130 allows an owner or operator to claim as confidential any or all of the information an owner or operator submits to the Agency pursuant to this Subpart H. An owner or operator must assert any such claim at the time that the owner or operator submits its RAP application or other submissions by stamping the words "trade secret" in red ink, as provided in 35 Ill. Adm. Code 130.302. If an owner or operator asserts a claim in compliance with 35 Ill. Adm. Code 130.200 at the time it submits the information, the Agency must treat the information according to the procedures in 35 Ill. Adm. Code 130. If an owner or operator does not assert a claim at the time it submits the information, the Agency must make the information available to the public without further notice to the owner or operator. The Agency must deny any requests for confidentiality of an owner's or operator's name or address.
BOARD NOTE: Subsection (e) is derived from 40 CFR 270.115(2012).
f) To whom the owner or operator must submit its RAP application. An owner or operator must submit its application for a RAP to the Agency for approval.
BOARD NOTE: Subsection (f) is derived from 40 CFR 270.120(2012).
g) If an owner or operator submits its RAP application as part of another document, what the owner or operator must do. If an owner or operator submits its application for a RAP as a part of another document, an owner or operator must clearly identify the components of that document that constitute its RAP application.
BOARD NOTE: Subsection (g) is derived from 40 CFR 270.125(2012).