Current through Register Vol. 48, No. 38, September 20, 2024
a) The
records an owner or operator must maintain concerning its RAP. An owner or
operator is required to keep records of the following:
1) All data used to complete RAP applications
and any supplemental information that an owner or operator submits for a period
of at least three years from the date the application is signed; and
2) Any operating or other records the Agency
requires an owner or operator to maintain as a condition of the RAP.
BOARD NOTE: Subsection (a) is derived from
40 CFR
270.210(2002).
b) How time periods in the requirements in
Subpart H of this Part and the RAP are computed.
1) Any time period scheduled to begin on the
occurrence of an act or event must begin on the day after the act or event.
(For example, if a RAP specifies that the owner or operator must close a
staging pile within 180 days after the operating term for that staging pile
expires, and the operating term expires on June 1, then June 2 counts as day
one of the 180 days, and the owner or operator would have to complete closure
by November 28.)
2) Any time period
scheduled to begin before the occurrence of an act or event must be computed so
that the period ends on the day before the act or event. (For example, if an
owner or operator is transferring ownership or operational control of its site,
and the owner or operator wishes to transfer its RAP, the new owner or operator
must submit a revised RAP application no later than 90 days before the
scheduled change. Therefore, if an owner or operator plans to change ownership
on January 1, the new owner or operator must submit the revised RAP application
no later than October 3, so that the 90th day would be December 31.)
3) If the final day of any time period falls
on a weekend or legal holiday, the time period must be extended to the next
working day. (For example, if an owner or operator wishes to appeal the
Agency's decision to modify its RAP, then an owner or operator must petition
the Board within 35 days after the Agency has issued the final RAP decision. If
the 35th day falls on Sunday, then the owner or
operator may submit its appeal by the Monday after. If the
35th day falls on July
4th, then the owner or operator may submit its
appeal by July 5th.)
4) Whenever a party or interested person has
the right to or is required to act within a prescribed period after the service
of notice or other paper upon him by mail, four days may not be added to the
prescribed term. (For example, if an owner or operator wishes to appeal the
Agency's decision to modify its RAP, then the owner or operator must petition
the Board within 35 days after the Agency has issued the final RAP decision.)
BOARD NOTE: Subsection (b) is derived from
40
CFR 270.215(2002). Federal
subsections (c) and (d) provide that a RAP is effective 30 days after the
Agency notice of approval. The Board has used 35 days to be consistent with the
35 days within which a permit appeal must be filed under Section 40(a)(1) of
the Act [415 ILCS
5/40(a)(1)] . Further, federal
subsection (d) provides three days for completion of service by mail. The
addition of four days (see procedural rule 35 Ill. Adm. Code 101.144(c)) to be
consistent with
40
CFR 270.215(d) would exceed
the 35 days allowed under Section 40(a)(1) of the Act [415 ILCS
5/40(a)(1)] .
c) How an owner or operator may
transfer its RAP to a new owner or operator.
1) If an owner or operator wishes to transfer
its RAP to a new owner or operator, the owner or operator must follow the
requirements specified in its RAP for RAP modification to identify the new
owner or operator, and incorporate any other necessary requirements. These
modifications do not constitute "significant" modifications for purposes of
Section
703.304(a).
The new owner or operator must submit a revised RAP application no later than
90 days before the scheduled change along with a written agreement containing a
specific date for transfer of RAP responsibility between the owner or operator
and the new permittees.
2) When a
transfer of ownership or operational control occurs, the old owner or operator
must comply with the applicable requirements in Subpart H of 35 Ill. Adm. Code
724 (Financial Requirements) until the new owner or operator has demonstrated
that it is complying with the requirements in that Subpart. The new owner or
operator must demonstrate compliance with Subpart H of 35 Ill. Adm. Code 724
within six months after the date of the change in ownership or operational
control of the facility or remediation waste management site. When the new
owner or operator demonstrates compliance with Subpart H of 35 Ill. Adm. Code
724 to the Agency, the Agency must notify the former owner or operator that it
no longer needs to comply with Subpart H of 35 Ill. Adm. Code 724 as of the
date of demonstration.
BOARD NOTE: Subsection (c) is derived from
40 CFR
270.220(2002).
d) What the Agency must report about
noncompliance with RAPs. The Agency must report noncompliance with RAPs
according to the provisions of
40 CFR
270.5 (Noncompliance and Program Reporting by
the Director), incorporated by reference in 35 Ill. Adm. Code
720.111(b).
BOARD NOTE: Subsection (d) is derived from
40
CFR
270.225(2005).