Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 738 - HAZARDOUS WASTE INJECTION RESTRICTIONS
Subpart C - PETITION STANDARDS AND PROCEDURES
Section 738.124 - Termination of Approved Petition
Universal Citation: 35 IL Admin Code ยง 738.124
Current through Register Vol. 48, No. 12, March 22, 2024
a) Termination Through an Enforcement Action
1)
An enforcement action against an owner or operator having an adjusted standard
and limitation on Agency petitions for reconsideration of an adjusted standard:
A) Any person may file an enforcement action
against an owner or operator of an underground injection well pursuant to
Section 33 of the Environmental Protection Act for any violation of the Act or
Board rules, notwithstanding the existence of any adjusted standard.
B) The Agency may petition the Board for
reconsideration of any adjusted standard at any time during the effectiveness
of that adjusted standard, the limitation periods of 35 Ill. Adm. Code
101.520
and
101.904
notwithstanding.
2) In
any action under subsection (a)(1), if the Board finds a violation of the Act
or Board regulations, the Board may terminate any adjusted standard granted
under Section
738.120
for any of the following causes:
A)
Noncompliance by the owner or operator with any condition of the adjusted
standard;
B) The owner or
operator's failure in the petition or during the review and approval to
disclose fully all relevant facts, or the petitioner's misrepresentation of any
relevant facts at any time; or
C) A
determination that new information shows that the basis for approval of the
petition is no longer valid.
b) In any action under subsection (a)(1), the Board will terminate an adjusted standard granted under Section 738.120 for the following causes:
1) The petitioner's
willful withholding during the review and approval of the petition of facts
directly and materially relevant to the Board's decision on the
petition;
2) A determination that
there has been migration from the injection zone or the well that is not in
accordance with the terms of the adjusted standard, except that the Board, may
at its discretion decide not to terminate where both of the following
conditions are fulfilled:
A) The migration
resulted from a mechanical failure of the well that can be promptly corrected
through a repair to the injection well itself or from an undetected well or
conduit that can be plugged promptly; and
B) The requirements of 35 Ill. Adm. Code
730.167
are satisfied.
BOARD NOTE: Derived from 40 CFR 148.24 (2017).
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