Current through Register Vol. 48, No. 38, September 20, 2024
a) Application procedure. The facility owner
or operator may apply for a RCRA standardized permit by following the
procedures in this Subpart J and Subpart G of 35 Ill. Adm. Code 705.
BOARD NOTE: Subsection (a) of this Section is derived from
40 CFR
270.270, as added at 70 Fed. Reg. 53420 (Sep.
8, 2005).
b) Information
submitted to the Agency to support an application for a RCRA standardized
permit. The information in subsections (b)(1) through (b)(10) of this Section
will be the basis of an application for a RCRA standardized permit. The
facility owner or operator must submit the following information to the Agency
when it submits its Notice of Intent pursuant to 35 Ill. Adm. Code
705.301(a)(2)
requesting coverage under a RCRA
standardized permit:
1) The Part A
information described in Section
703.181;
2) A meeting summary and other materials
required by 35 Ill. Adm. Code
703.191;
3) Documentation of compliance with the
location standards of 35 Ill. Adm. Code
727.110(i)
and Sections
703.183(k)
and
703.184;
4) This subsection (b)(4) corresponds with
40
CFR 270.275(d), which
pertains to submission of information to USEPA relating to implementation of
various federal laws (such as the Wild and Scenic Rivers Act (
16 USC
1273 et seq.), the National Historic
Preservation Act of 1966 (
16 USC 470
et seq.), the Endangered Species Act (
16
USC 1531 et seq.), the Coastal Zone
Management Act (
16 USC
1451 et seq.), the Fish and Wildlife
Coordination Act (
16
USC 661 et seq.), and executive orders). The
provision is not necessary in Illinois because the Agency does not implement
the cited federal laws. This statement maintains structural consistency with
the corresponding federal rules;
5)
Solid waste management unit information required by Section
703.187;
6) A certification meeting the requirements
of subsection (c) of this Section, and an audit of the facility's compliance
status with 35 Ill. Adm. Code 727, as required by subsection (c) of this
Section;
7) A closure plan prepared
in accordance with 35 Ill. Adm. Code
727.210;
8) The most recent closure cost estimate for
the facility prepared pursuant to 35 Ill. Adm. Code
727.240(c)
and a copy of the documentation required to demonstrate financial assurance
pursuant to 35 Ill. Adm. Code
727.240(d).
For a new facility, the owner or operator may gather the required documentation
60 days before the initial receipt of hazardous wastes;
9) If the owner or operator manages wastes
generated offsite, the waste analysis plan; and
10) If the owner or operator manages waste
generated from off-site, documentation showing that the waste generator and the
off-site facility are under the same ownership.
BOARD NOTE: Subsection (b) of this Section is derived from
40
CFR 270.275, as added at 70 Fed. Reg. 53420
(Sep. 8, 2005).
c) Certification requirements. The facility
owner or operator must submit a signed certification based on an audit of its
facility's compliance with 35 Ill. Adm. Code 727.
1) The owner's or operator's certification
must read as follows:
I certify under penalty of law that:
1. I have personally examined and am familiar
with the report containing the results of an audit conducted of my facility's
compliance status with 35 Ill. Adm. Code 727, which supports this
certification. Based on my inquiry of those individuals immediately responsible
for conducting the audit and preparing the report, I believe that my (include
here the language of the applicable of the following two paragraphs):
existing facility complies with all applicable requirements
of 35 Ill. Adm. Code 727 and will continue to comply until the expiration of
the permit;
facility has been designed, and will be constructed and
operated to comply with all applicable requirements of 35 Ill. Adm. Code 727,
and will continue to comply until expiration of the permit;
2. I will make all information that I am
required to maintain at my facility by 35 Ill. Adm. Code
703.352
readily available for review by the permitting agency and the public;
and
3. I will continue to make all
information required by 35 Ill. Adm. Code
703.352
available until the permit expires. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violation.
2) The owner or operator must sign the
certification of subsection (c)(1) of this Section following the requirements
of 35 Ill. Adm. Code
702.126(a)(1)
through (a)(3).
3) The certification must be based upon an
audit that the owner or operator conducted of its facility's compliance status
with 35 Ill. Adm. Code 727. A written audit report, signed and certified as
accurate by the auditor, must be submitted to the Agency with the 35 Ill. Adm.
Code
705.301(a)(2)
(Notice of Intent).
BOARD NOTE: Subsection (c) of this Section is derived from
40 CFR
270.280, as added at 70 Fed. Reg. 53420 (Sep.
8, 2005).
