Current through Register Vol. 48, No. 38, September 20, 2024
a) Written Plan. The owner or operator of a
hazardous waste disposal unit must have a written post-closure care plan. An
owner or operator of a surface impoundment or waste pile that intends to remove
all hazardous wastes at closure must prepare a post-closure care plan and
submit it to the Agency within 90 days after the date that the owner or
operator or Agency determines that the hazardous waste management unit or
facility must be closed as a landfill, subject to the requirements of Sections
725.217
through
725.220.
b) Until final closure of the facility, a
copy of the most current post-closure care plan must be furnished to the Agency
upon request, including request by mail. In addition, for facilities without
approved post-closure care plans, it must also be provided during site
inspections, on the day of inspection, to any officer, employee, or
representative of the Agency. After final closure has been certified, the
person or office specified in subsection (c)(3) must keep the approved
post-closure care plan during the post-closure care period.
c) For each hazardous waste management unit
subject to the requirements of this Section, the post-closure care plan must
identify the activities that will be carried on after closure of each disposal
unit and the frequency of these activities and include the following minimal
information:
1) A description of the planned
monitoring activities and frequencies at which they will be performed to comply
with Subparts F, K, L, M, and N during the post-closure care period;
2) A description of the planned maintenance
activities and frequencies at which they will be performed to ensure the
following:
A) The integrity of the cap and
final cover or other containment systems in accordance with the requirements of
Subparts K, L, M, and N; and
B) The
function of the monitoring equipment in accordance with the requirements of
Subparts F, K, L, M, and N;
3) The name, address, and phone number of the
person or office to contact about the hazardous waste disposal unit or facility
during the post-closure care period;
4) For a facility subject to Section
725.221,
provisions that satisfy the requirements of Section
725.221(a)(1)
and (a)(3); and
5) For a facility where alternative
requirements are established at a regulated unit under Section
725.190(f),
725.210(d),
or
725.240(d),
as provided under 35 Ill. Adm. Code
703.161,
either the alternative requirements that apply to the regulated unit, or a
reference to the enforceable document containing those requirements.
d) Amendment of Plan. The owner or
operator may amend the post-closure care plan at any time during the active
life of the facility or during the post-closure care period. An owner or
operator with an approved post-closure care plan must submit a written request
to the Agency to authorize a change to the approved plan. The written request
must include a copy of the amended post-closure care plan for approval by the
Agency.
1) The owner or operator must amend
the post-closure care plan whenever the following occur:
A) Changes in operating plans or facility
design affect the post-closure care plan; or
B) Events occur during the active life of the
facility, including partial and final closures, that affect the post-closure
care plan; and
C) The owner or
operator requests the establishment of alternative requirements to a regulated
unit under Section
725.190(f),
725.210(d),
or
725.240(d).
2) The owner or operator must
amend the post-closure care plan at least 60 days prior to the proposed changes
in facility design or operation, or no later than 60 days after an unexpected
event has occurred that has affected the post-closure care plan.
3) An owner or operator with an approved
post-closure care plan must submit the modified plan to the Agency at least 60
days prior to the proposed change in facility design or operation, or no more
than 60 days after an unexpected event has occurred that has affected the
post-closure care plan. If an owner or operator of a surface impoundment or a
waste pile that intended to remove all hazardous wastes at closure in
accordance with Section
725.328(b)
or
725.358(a)
is required to close as a landfill in accordance with Section
725.410,
the owner or operator must submit a post-closure care plan within 90 days after
the determination by the owner or operator or Agency that the unit must be
closed as a landfill. If the amendment to the post-closure care plan is a Class
2 or 3 modification according to the criteria in 35 Ill. Adm. Code
703.280,
the modification to the plan must be approved according to the procedures in
subsection (f).
4) The Agency may
request modifications to the plan under the conditions described in subsection
(d)(1). An owner or operator with an approved post-closure care plan must
submit the modified plan no later than 60 days after the request from the
Agency. If the amendment to the plan is considered a Class 2 or 3 modification
according to the criteria in 35 Ill. Adm. Code
703.280
the modifications to the post-closure care plan must be approved in accordance
with the procedures in subsection (f). If the Agency determines that an owner
or operator of a surface impoundment or waste pile that intended to remove all
hazardous wastes at closure must close the facility as a landfill, the owner or
operator must submit a post-closure care plan for approval to the Agency within
90 days after the determination.
e) The owner or operator of a facility with
hazardous waste management units subject to these requirements must submit the
post-closure care plan to the Agency at least 180 days before the date the
owner or operator expects to begin partial or final closure of the first
hazardous waste disposal unit. The date when the owner or operator "expects to
begin closure" of the first hazardous waste disposal unit must be either within
30 days after the date on which the hazardous waste management unit receives
the known final volume of hazardous waste or, if there is a reasonable
possibility that the hazardous waste management unit will receive additional
hazardous wastes, no later than one year after the date on which the unit
received the most recent volume of hazardous wastes. The owner or operator must
submit the closure plan to the Agency no later than 15 days after either of the
following:
1) Termination of interim status
(except when a permit is issued to the facility simultaneously with termination
of interim status); or
2) Issuance
of a judicial decree or Board order to cease receiving wastes or
close.
f) Procedures
1) Except as provided in subsection (f)(2),
the Agency must provide the owner or operator and the public through a
newspaper notice the opportunity to submit written comments on the post-closure
care plan and request modifications to the plan, no later than 30 days after
the date of the notice. The Agency may also, in response to a request or at its
own discretion, hold a public hearing whenever such a hearing might clarify one
or more issues concerning the post-closure care plan. The Agency must give
public notice of the hearing at least 30 days before it occurs. (Public notice
of the hearing may be given at the same time as notice of the opportunity for
written public comments and the two notices may be combined.) The Agency must
approve, modify, or disapprove the plan within 90 days after its receipt. If
the Agency determines not to approve the plan, the Agency must provide the
owner or operator with a detailed statement of reasons for the refusal and the
owner or operator must modify the plan or submit a new plan for approval within
30 days after receiving such written statements. The Agency must approve or
modify this plan in writing within 60 days. If the Agency modifies the plan,
this modified plan becomes the approved post-closure care plan. Any final
Agency determination must ensure that the approved post-closure care plan is
consistent with Sections
725.217
through 725.220. A copy of this modified plan with a detailed statement of
reasons for the modifications must be mailed to the owner or
operator.
2) The Agency must not
provide notice or the opportunity for public comment if, in a prior proceeding,
the Board has ordered the modifications to the plan.
g) The post-closure care plan and length of
the post-closure care period may be modified at any time prior to the end of
the post-closure care period in either of the following two ways:
1) The owner or operator or any member of the
public may petition to extend or reduce the post-closure care period applicable
to a hazardous waste management unit or facility based on cause, or alter the
requirements of the post-closure care period based on cause.
A) The petition must include evidence
demonstrating either of the following:
i) The
secure nature of the hazardous waste management unit or facility makes the
post-closure care requirements unnecessary or supports reduction of the
post-closure care period specified in the current post-closure care plan (e.g.,
leachate or groundwater monitoring results; characteristics of the waste;
application of advanced technology; or alternative disposal, treatment, or
re-use techniques indicate that the facility is secure), or
ii) The requested extension in the
post-closure care period or alteration of post-closure care requirements is
necessary to prevent threats to human health and the environment (e.g.,
leachate or groundwater monitoring results indicate a potential for migration
of hazardous wastes at levels that may be harmful to human health and the
environment).
B) These
petitions must be considered only when they present new and relevant
information not previously considered.
i)
Except as provided in subsection (g)(1)(B)(ii), whenever the Agency is
considering a petition, it must provide the owner or operator and the public,
through a newspaper notice, the opportunity to submit written comments within
30 days after the date of the notice. The Agency must also, in response to a
request or at its own discretion, hold a public hearing whenever a hearing
might clarify one or more issues concerning the post-closure care plan. The
Agency must give the public notice of the hearing at least 30 days before it
occurs. (Public notice of the hearing may be given at the same time as notice
of the opportunity for written public comments and the two notices may be
combined.) After considering the comments, the Agency must issue a final
determination, based upon the criteria set forth in subsection
(g)(1).
ii) The Agency must not
provide notice or the opportunity for public comment if, in a prior proceeding,
the Board has ordered the modifications to the plan.
C) If the Agency denies the petition, it must
send the petitioner a brief written response giving a reason for the denial.
2) The Agency must
tentatively decide to modify the post-closure care plan if the Agency
determines that it is necessary to prevent threats to human health and the
environment. The Agency may propose to extend or reduce the post-closure care
period applicable to a hazardous waste management unit or facility based on
cause or alter the requirements of the post-closure care period based on cause.
A) The Agency must provide the owner or
operator and the affected public, through a newspaper notice, the opportunity
to submit written comments within 30 days after the date of the notice and the
opportunity for a public hearing as in subsection (g)(1)(B). After considering
the comments, the Agency must issue a final determination.
B) The Agency must base its final
determination upon the same criteria as required for petitions under subsection
(g)(1)(A). A modification of the post-closure care plan may include, where
appropriate, the temporary suspension rather than permanent deletion of one or
more post-closure care requirements. At the end of the specified period of
suspension, the Agency would then determine whether the requirements should be
permanently discontinued or reinstated to prevent threats to human health and
the environment.
h) The Agency procedures described in
Sections
725.212
through
725.219 are
in the nature of permit amendments. Amendment of refusal to amend the plan is a
permit denial for purposes of appeal pursuant to 35 Ill. Adm. Code 105. The
Agency must not amend permits in such a manner so that the permit would not
conform with Board regulations.
i)
If any person seeks a closure or post-closure care plan that would not conform
with Board regulations, such person must file a site-specific rulemaking
petition pursuant to 35 Ill. Adm. Code 102 or a variance petition pursuant to
Sections 35 through 38 of the Act and Subpart B of 35 Ill. Adm. Code
104.
