Current through Register Vol. 48, No. 38, September 20, 2024
a) The Agency may
suspend, revoke, or refuse to issue any certificate or Special Waste
Endorsement for any one or any combination of the following causes:
1) The practice of any fraud or deceit in
obtaining or attempting to obtain a certificate of competency;
2) Negligence or misconduct in the operation
of a sanitary landfill;
3) Repeated
failure to comply with any of the requirements applicable to the operation of a
sanitary landfill, except for board requirements applicable to the collection
of litter;
4) Repeated violations
of federal, state or local laws, regulations, standards, or ordinances
regarding the operation of refuse disposal facilities or sites;
5) Conviction in this or another state of any
crime which is a felony under the laws of this state or conviction of a felony
in a federal court;
6) Proof of
gross carelessness or incompetence in handling, storing, processing,
transporting, or disposing of any hazardous waste; or
7) Being declared to be a person under a
legal disability by a court of competent jurisdiction and not thereafter having
been lawfully declared to be a person not under legal disability or to have
recovered. (Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7856, Section
1006).
b) The Agency
may, in its discretion, issue or refuse to suspend or revoke a certificate or
Special Waste Endorsement notwithstanding the applicability of any of the
factors set forth in Section
870.515(a)
if mitigating factors exist such that certification should be issued.
Mitigating factors include, but are not limited to, the following:
1) The severity of the misconduct;
2) How recently the misconduct took place;
or
3) The degree of control exerted
over waste disposal operations at a site by the applicant at the time any
misconduct described in subsection
870.515(a)
was committed.
c)
Pursuant to Section 39(a) of the Act, a person requesting certification has the
burden of demonstrating that the person is entitled to the
certification.
