Current through Register Vol. 48, No. 38, September 20, 2024
a) Types of Units
1) Except as provided in subsection (b), the
regulations in this Subpart F apply to owners and operators of facilities that
treat, store or dispose of hazardous waste. The owner or operator must satisfy
the requirements identified in subsection (a)(2) for all wastes (or
constituents thereof) contained in solid waste management units at the facility
regardless of the time at which waste was placed in such units.
2) All solid waste management units must
comply with the requirements in Section
724.201.
A surface impoundment, waste pile, land treatment unit, or landfill that
receives hazardous waste after July 26, 1982 (referred to in this Subpart F as
a "regulated unit") must comply with Sections
724.191 through
724.200,
in lieu of Section 724.201, for purposes of detecting, characterizing, and
responding to releases to the uppermost aquifer. The financial responsibility
requirements of Section
724.201
apply to regulated units.
b) The owner or operator's regulated unit or
units are not subject to regulation for releases into the uppermost aquifer
under this Subpart F if the following is true:
1) The owner or operator is exempted pursuant
to Section
724.101;
or
2) The owner or operator
operates a unit that the Agency finds:
A) Is
an engineered structure.
B) Does
not receive or contain liquid waste or waste containing free liquids.
C) Is designed and operated to exclude
liquid, precipitation, and other run-on and run-off.
D) Has both inner and outer layers of
containment enclosing the waste.
E)
Has a leak detection system built into each containment layer.
F) The owner or operator will provide
continuing operation and maintenance of these leak detection systems during the
active life of the unit and the closure and post-closure care
periods.
G) To a reasonable degree
of certainty, will not allow hazardous constituents to migrate beyond the outer
containment layer prior to the end of the post-closure care period;
or
3) The Agency finds,
pursuant to Section
724.380(d),
that the treatment zone of a land treatment unit that qualifies as a regulated
unit does not contain levels of hazardous constituents that are above
background levels of those constituents by an amount that is statistically
significant, and if an unsaturated zone monitoring program meeting the
requirements of Section
724.378
has not shown a statistically significant increase in hazardous constituents
below the treatment zone during the operating life of the unit. An exemption
pursuant to this subsection (b) can only relieve an owner or operator of
responsibility to meet the requirements of this Subpart F during the
post-closure care period; or
4) The
Agency finds that there is no potential for migration of liquid from a
regulated unit to the uppermost aquifer during the active life of the regulated
unit (including the closure period) and the post-closure care period specified
pursuant to Section
724.217.
This demonstration must be certified by a qualified geologist or geotechnical
engineer. In order to provide an adequate margin of safety in the prediction of
potential migration of liquid, the owner or operator must base any predictions
made pursuant to this subsection (b) on assumptions that maximize the rate of
liquid migration; or
5) The owner
or operator designs and operates a pile in compliance with Section
724.350(c).
c) The regulations under this
Subpart F apply during the active life of the regulated unit (including the
closure period). After closure of the regulated unit, the following is true of
the applicability of the regulations in this Subpart F:
1) Do not apply if all waste, waste residues,
contaminated containment system components, and contaminated subsoils are
removed or decontaminated at closure;
2) Apply during the post-closure care period
pursuant to Section
724.217
if the owner or operator is conducting a detection monitoring program pursuant
to Section
724.198;
or
3) Apply during the compliance
period pursuant to Section
724.196 if the
owner or operator is conducting a compliance monitoring program pursuant to
Section
724.199
or a corrective action program pursuant to Section 724.200.
d) This Subpart F applies to
miscellaneous units if necessary to comply with Sections
724.701
through
724.703.
e) The regulations of this Subpart F apply to
all owners and operators subject to 35 Ill. Adm. Code
703.161,
when the Agency issues a post-closure care permit or other enforceable document
that contains alternative requirements for the facility, as provided in 35 Ill.
Adm. Code 703.161. When alternative requirements apply to a facility, a
reference in this Subpart F to "in the permit" must mean "in the enforceable
document".
f) A permit or
enforceable document can contain alternative requirements for groundwater
monitoring and corrective action for releases to groundwater applicable to a
regulated unit that replace all or part of the requirements of 35 Ill. Adm.
Code
724.191 through
724.200, as provided pursuant to 35 Ill. Adm. Code 703.161, where the Board or
Agency determines the following:
1) The
regulated unit is situated among solid waste management units (or areas of
concern), a release has occurred, and both the regulated unit and one or more
solid waste management units (or areas of concern) are likely to have
contributed to the release; and
2)
It is not necessary to apply the groundwater monitoring and corrective action
requirements of 35 Ill. Adm. Code
724.191 through
724.200
because alternative requirements will adequately protect human health and the
environment.
