Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0003 - Hazardous Waste
Chapter 1 - GENERAL PROVISIONS
Section 1-270 - THE HAZARDOUS WASTE PERMIT PROGRAM
Universal Citation: WY Code of Rules 1-270
Current through September 21, 2024
(a) IBR AND EXCEPTIONS. 40 CFR Part 270 and all Subparts, except 40 CFR 270.1(c)(1)(iii), 270.1(c)(2)(ix), 270.11(d)(2), 270.13(k)(7), 270.14(b), 270.42 (Appendix I, Part A Entries 9 and 10), 270.51(d), 270.60(a), 270.64, 270.68, 270.73(a), Subpart H (40 CFR 270.79 -270.230) , 270.260(h), and 270.290(r) are herein incorporated by reference.
(i) For
purposes of
40
CFR 270.2,
270.5,
270.10(e)(2),
270.11(a)(3),
270.32(a),
270.32(b)(2),
270.32(c),
270.72(a)(5),
270.72(b)(5),
270.235(a)(1)(iii)(A),
270.235(a)(2)(iii)(A),
and
270.235(b)(1)(ii),
"EPA" shall be defined as the U.S. Environmental Protection Agency, and
"Administrator" or "Regional Administrator" shall be defined as the U.S.
Environmental Protection Agency Region 8 Regional Administrator.
(ii) For purposes of
40 CFR
270.1(b), the sentence "The
notification shall state the location and general description of the type of
activity and the identified or listed wastes being handled" shall be inserted
after the first sentence in the section.
(iii) For purposes of
40 CFR
270.1(c)(7), at the
discretion of the Director, an owner or operator may obtain, in lieu of a
post-closure permit, an enforceable document, imposing the requirements of
40
CFR 265.121.
(iv) The definition "Remedial Action Plan
(RAP)" as defined in
40
CFR 270.2 is not adopted by the
State.
(v) For purposes of
270.10(e)(3), the Administrator or the Director may, by compliance order issued
under these rules, Articles 7 and 9 of the Act, or RCRA §3008, extend the
date by which the owner and operator of an existing HWMF must submit Part A of
their permit application.
(vi) For
purposes of 270.10(f)(2), the application for permits shall be submitted to the
Director.
(vii) For purposes of
270.10(f)(3), notwithstanding
40 CFR
270.10(f)(1), a person may
construct a facility for the incineration of polychlorinated biphenyls pursuant
to an approval issued by the Director under Article 2 of the Act and by the EPA
Administrator under Section 6(e) of the Toxic Substances Control Act and any
person owning or operating such a facility may, at any time after construction
or operation of such facility has begun, file an application for a State HWMF
permit to incinerate hazardous waste authorizing such facility to incinerate
waste identified or listed under these rules.
(viii) For purposes of
40 CFR
270.10(g)(1)(i) and (ii), if
any owner or operator of a hazardous waste management facility has filed Part A
of a permit application and has not yet filed Part B, the owner or operator
shall file an amended Part A application with the Director and the EPA Regional
Administrator, within six months after the promulgation of revised federal
regulations promulgated under HSWA listing or identifying additional hazardous
wastes, if the facility is treating, storing, or disposing of any of those
newly listed or identified wastes.
(ix) For purposes of
40 CFR
270.10(j)(1), any Part B
permit application submitted by an owner or operator of a facility that stores,
treats, or disposes of hazardous waste in a surface impoundment, incinerator,
burner, or landfill must be accompanied by information, reasonably
ascertainable by the owner or operator, on the potential for the public to be
exposed to hazardous wastes or hazardous constituents through releases related
to the unit. At a minimum, such information must address:
(A) Reasonably foreseeable potential releases
from both normal operations and accidents at the unit, including releases
associated with transportation to or from the unit;
(B) The potential pathways of human exposure
to hazardous wastes or constituents resulting from the releases described under
Section 270(a)(x)(A) of this Chapter above; and
(C) The potential magnitude and nature of the
human exposure resulting from such releases.
(x) For purposes of
40 CFR
270.10(l), the Director may
require that the application demonstrate compliance with specific provisions of
the Act, and specific designated rules of the Solid and Hazardous Waste, Water
Quality, and Air Quality Divisions of the DEQ.
(xi) For purposes of
40 CFR
270.11, all applications shall be signed
under oath subject to a penalty of perjury.
(xii) For purposes of
40 CFR
270.11(a), the term
"responsible" shall be replaced by "principal".
(xiii) For purposes of
40 CFR
270.12(a), any information
submitted to the DEQ pursuant to these regulations may be claimed as
confidential by the submitter. Any such claim must be asserted at the time of
submission in the manner prescribed on the application form or instructions or,
in the case of other submissions, by stamping the words "confidential business
information" on each page containing such information. If no claim is made at
the time of submission, the DEQ may make the information available to the
public without further notice. Upon a showing satisfactory to the Director,
confidential business information will not be made available to the public
pursuant to the Wyoming Public Records Act,
W.S.
16-4-201 et. seq.
(xiv) For purposes of
40 CFR
270.14(b)(19)(v), the term
"representative" shall be inserted before the term "wind rose".
(xv) For purposes of
40 CFR
270.14(b)(20), applicants
may be required to submit such information as may be necessary to enable the
Director to carry out his or her duties under other aspects of the Act and
other federal laws as required in
40 CFR
270.3.
(xvi) For purposes of
40 CFR
270.28, "Regional Administrator" shall be
replaced by "Director".
(xvii) For
purposes of
40 CFR
270.30 and 40 CFR 270.32(b), the Director
shall specify any additional standards, together with the justification
therefore, as the Director believes necessary to carry out the purposes of the
Act.
(xviii) For purposes of
40 CFR
270.42(g)(1)(i), the
permittee is authorized to continue to manage wastes listed or identified as
hazardous under 40 CFR Part 261 , or to continue to manage hazardous waste in
units newly regulated as hazardous waste management units, if the unit was in
existence and has a State permit issued under Articles 2, 3, 4 or 5 of the Act
as a hazardous waste facility with respect to the newly listed or characterized
waste or newly regulated waste management unit on the effective date of the
final rule listing or identifying the waste, or regulating the unit.
(xix) For purposes of
40 CFR
270.42(j)(3), the Director
shall respond to the request for a combustion facility hazardous waste permit
modification within ninety days of receiving the request. The Director may, at
his or her discretion, extend this ninety-day deadline one time for up to
thirty days by notifying the facility owner or operator.
(b) TRANSFER OF EXISTING HAZARDOUS WASTE MANAGEMENT PERMITS.
(i) A permit may be
transferred by the permittee to a new owner or operator only if the permit has
been modified or revoked and reissued (under
40 CFR
270.40(b) or
270.41(b)(2))
to identify the new permittee and incorporate such other requirements as may be
necessary under these rules.
(ii)
Changes in the ownership or operational control of a facility may be made as a
Class 1 modification with prior written approval of the Director in accordance
with
40 CFR
270.42 or as a routine change with prior
approval under
40
CFR 124.213. The Director shall not approve
transfer of ownership or operational control to any person unless the Director
determines that such person meets the qualifications for owners and operators
in Sections 270(m) and 270(n) of these rules. The new owner or operator must
submit a revised permit application no later than ninety days prior to the
scheduled change. A written agreement containing a specific date for transfer
of permit responsibility between the current and new permittees must also be
submitted to the Director. The written agreement must also contain signed and
notarized documentation from the new operator indicating that the new operator
has agreed to accept and be bound by the provisions of the permit and any
amendments, agreed to construct and operate the facility in accordance with the
approved plan, and agreed to accept responsibility for the facility's
compliance with the standards specified in the applicable sections of these
rules, including the responsibility to perform corrective actions. When a
transfer of ownership or operational control occurs, the old owner or operator
shall comply with the requirements of 40 CFR 264, Subpart H (Financial
Requirements) of these rules for permitted facilities until the new owner or
operator has demonstrated that he or she is complying with the requirements of
that Subpart. The new owner or operator must demonstrate compliance with
Subpart H requirements within six months of the date of the change in ownership
or operational control of the facility. Upon demonstration to the Director by
the new owner or operator of compliance with Subpart H, the Director shall
notify the old owner or operator that he or she no longer needs to comply with
Subpart H as of the date of demonstration.
(c) CONTENTS OF PART A OF THE PERMIT APPLICATION. Part A of the State HWMF permit application shall include the following information:
(i) A listing of any
civil, misdemeanor, or felony convictions within ten years prior to the date of
application for any violations of any local, state, or federal law relating to
environmental quality or criminal racketeering by the owner, or the operator,
and all entities related by ownership to the applicant whether by common
ownership or by a parent or subsidiary relationship, either directly or
indirectly. This includes any partners in a partnership or executive officers
or corporate directors in any corporation, if the owner or operator is a
partnership or corporation.
(ii) A
topographic map (or other map if a topographic map is unavailable) extending
one mile beyond the property boundaries of the source, depicting the facility
and each of its intake and discharge structures, each of its hazardous waste
treatment, storage, or disposal facilities, each well where fluids from the
facility are injected underground, and those wells, springs, other surface
water bodies, and drinking water wells listed in public records or otherwise
known to the applicant within one mile of the facility property
boundary.
(d) CONTENTS OF PART B OF THE PERMIT APPLICATION. Facility location information:
(i) The application shall include information
concerning the area in which the facility is to be located, including the
political jurisdiction (e.g., county, township, or election district),
sufficient to demonstrate compliance with all applicable location standards
specified in Sections 264, 267, and 270 of these rules.
(ii) If the facility is proposed to be
located in an area listed in Appendix VI of 40 CFR 264, the owner or operator
shall demonstrate compliance with the seismic standard. This demonstration may
be made using either published geologic data or data obtained from field
investigations carried out by the applicant. The information provided must be
of such quality to be acceptable to professional geologists experienced in
identifying and evaluating seismic activity.
(iii) Owners and operators of all facilities
shall provide an identification of whether the facility is located within a
100-year floodplain. This identification must indicate the source of data for
such determination and include a copy of the relevant Federal Insurance
Administration (FIA) flood map, if used, or the calculations and maps used
where an FIA map is not available. Methods used to determine the 100-year
floodplain must be approved by the Director. Information shall also be provided
identifying the 100-year flood level and any other special flooding factors
(e.g., wave action) that must be considered in designing, constructing,
operating, or maintaining the facility to withstand washout from a 100-year
flood.
(e) CONDITIONS APPLICABLE TO ALL PERMITS. Twenty-four-hour reporting: The permittee shall report any noncompliance that may endanger health or the environment orally to the Director within twenty-four hours from the time the permittee becomes aware of the circumstances, including:
(i)
Information concerning release of any hazardous waste regardless of whether or
not it may cause an endangerment to public drinking water supplies.
(ii) Any information of any release or
discharge of hazardous waste or of any fire or explosion from the HWMF,
regardless of whether or not it could threaten the environment or human health
outside the facility.
(f) TERMINATION OF PERMITS.
(i) The following are
causes for terminating a permit during its term, or for denying a permit
renewal application:
(A) Noncompliance by the
permittee with any condition of the permit;
(B) The permittee's failure in the
application or during the permit issuance process to fully disclose all
relevant facts, or the permittee's misrepresentation of any relevant facts at
any time; or
(C) A determination
that the permitted activity endangers human health or the environment and can
only be regulated to acceptable levels by permit modification or termination;
or
(D) If the continued operation
is inconsistent with the policy and purposes of the Act.
(ii) Procedures. The Director will follow the
applicable procedures in 40 CFR 124 in terminating any permit under
40 CFR
270.43.
(g) PERMIT ISSUANCE. Nothing shall preclude the Director from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations. Each permit issued under these rules and RCRA §3005 shall contain terms and conditions as the Director determines necessary to protect human health and the environment.
(h) QUALIFYING FOR INTERIM STATUS. Any person who owns or operates an 'existing HWM facility' or a facility in existence on the effective date of amendments to the Environmental Quality Act and 40 CFR Part 261 that render the facility subject to the requirement to have a HWMF permit shall be eligible to receive interim status and shall be treated as having been issued a permit under the Act, if the Director determines the owner or operator has:
(i) Complied with the
requirements of RCRA §3010(a) and these rules pertaining to notification
of hazardous waste activity; or
(ii) Complied with the requirements of
40 CFR
270.10 governing submission of Part A
applications.
(i) OPERATION DURING INTERIM STATUS.
(i) During
the interim status period the facility shall not:
(A) Treat, store, or dispose of hazardous
waste not specified in Part A of the permit application;
(B) Employ processes not specified in Part A
of the permit application;
(C)
Exceed the design capacities specified in Part A of the permit application;
or
(D) Operate in any manner that
has not been previously authorized by a permit issued under Articles 2, 3, 4,
or 5 of the Act, if applicable.
(ii) Interim status standards. During interim
status, owners or operators shall comply with interim status standards in 40
CFR Part 265 , and with applicable rules, regulations, or permits issued under
Articles 2, 3, 4, or 5 of the Act.
(j) HEALTH RISK ASSESSMENT.
(i) Owners and operators of all facilities
shall provide a health risk assessment based on health risks associated with
normal operation or failure of a HWMF pollution control or containment system,
as specified in Section 270(j)(ii) of these rules. The normal operation or
failure modes specified in Section 270(j)(ii) of these rules shall be used.
This assessment must indicate the source of data for such determination. The
health risk assessment must address the following standards:
(A) The cancer risk shall be assessed
considering projected pollutant release rates and assumed target intakes during
normal operation conditions specified in Section 270(j)(ii) of these
rules.
(B) The chronic toxic
effect, which shall be assessed considering projected pollutant release rates
and assumed target intakes during normal operation or failure conditions
specified in Section 270(j)(ii) of these rules.
(C) The subchronic and acute toxic effect
shall be assessed considering projected pollutant release rates and assumed
target intakes during failure conditions specified in Section 270(j)(ii) of
these rules.
(ii) For the
purpose of assessment of health risks associated with normal operation or
failure of a HWMF pollution control or containment system, the following normal
operation or failure modes shall be used:
(A)
For hazardous waste storage facilities that are tanks or vessels, normal
operation modes shall include operation of the facility as designed; failure
modes shall include tank rupture, the effects of inadvertent mixing of
incompatible wastes, failure of primary and secondary containment systems or
liners, and releases of toxic or hazardous air pollutants from tank ruptures or
during fires;
(B) For hazardous
waste storage facilities that are impoundments, normal operation modes shall
include operation of the facility as designed; failure modes shall include
failure of primary or secondary containment systems or liners, dike failure,
and releases of toxic or hazardous air pollutants during fires or from
inadvertent mixing of incompatible wastes such as strong acids or bases with
wastes stored in the impoundment;
(C) For hazardous waste storage facilities
that are waste piles, normal operation modes shall include operation of the
facility as designed; failure modes shall include failure of primary and
secondary containment systems or liners, failure of primary systems to control
releases of wastes during high winds, and releases during fires;
(D) For hazardous waste landfills and
treatment facilities, normal operation modes shall include operation of the
facility as designed; failure modes shall include failure of primary and
secondary containment systems or liners, releases of toxic or hazardous air
pollutants from inadvertent mixing of incompatible wastes and releases during
fires;
(E) For hazardous waste
incinerators and other treatment facilities for the burning, thermal treatment,
or combustion of hazardous wastes, normal operation modes shall include
operation of the facility as designed; failure modes shall include failure of
primary air pollution control systems, failure of any automatic or manual waste
feed cutoff system, operation of the facility under conditions of waste
temperature and residence time to be expected during upset, startup or shutdown
conditions, and inadvertent combustion or treatment of wastes containing
chlorinated hazardous wastes, dioxins, arsenic, antimony, barium, beryllium,
cadmium, chromium, lead, mercury, silver, and thallium; and
(F) For other hazardous waste storage,
treatment, or disposal facilities, normal operation or failure modes shall be
specified by the Director.
(iii) For the purpose of conducting the
health risk assessment required by Section 264(k)(v) of this Chapter, the
following protocols (or most recent edition) shall be used by the applicant,
unless alternate protocols are approved by the DEQ:
(A) "Exposure Factors Handbook", 2011, U.S.
Environmental Protection Agency, EPA 600/R-090/052F;
(B) "Guidance for Data Useability in Risk
Assessment, Part A and B", 1992, U.S. Environmental Protection
Agency;
(C) "Guidelines for Human
Exposure Assessment ", U.S. Environmental Protection Agency, Draft January 7,
2016;
(D) "Risk Assessment Guidance
for Superfund Volume I, Human Health Evaluation Manual (Part A)", 1989, U.S.
Environmental Protection Agency, EPA 540/189/002;
(E) "Risk Assessment Guidelines", U.S.
Environmental Protection Agency,
https://www.epa.gov/risk/risk-assessment-guidelines ;
(F) "Risk Assessment Guidance for Superfund,
Volume 1: Human Health Evaluation Manual, Supplemental Guidance, Standard
Default Exposure Factors, Interim Final", 1991, U.S. Environmental Protection
Agency, OSWER Directive 9285.6-03; and
(G) "Superfund Exposure Assessment Manual",
1988, U.S. Environmental Protection Agency, EPA 540/1-88/001.
(iv) For the purpose of conducting
the health risk assessment required by Section 264(k)(v) of this Chapter,
toxicological data contained in the following publications shall be used unless
alternate data sources are approved by the DEQ:
(A) Integrated Risk Information System
(IRIS), U.S. Environmental Protection Agency,
https://www.epa.gov/iris ;
(B) "Health Effects Assessment Summary
Tables", Office of Research and Development, Office of Emergency and Remedial
Response, U.S. Environmental Protection Agency, OERR 9200.6-303 (94-1);
and
(C) Data provided by a
qualified EPA toxicologist, if approved by the DEQ.
(k) MANAGEMENT AND TECHNICAL CAPABILITIES OF THE OWNER AND OPERATOR. The applicant shall possess demonstrated acceptable experience in operating hazardous waste treatment, storage, and disposal facilities in a manner that does not demonstrate a disregard for human health and the environment. The Director shall consider the applicant to have demonstrated acceptable experience if:
(i) The applicant is currently operating an
existing facility permitted under these rules and that facility is currently in
substantial compliance with all rules, regulations, and permit conditions
adopted under the Environmental Quality Act and applicable federal regulations;
or
(ii) If not currently operating
a facility in this State, the applicant has experience operating hazardous
waste treatment, storage, and disposal facilities in other states and has
operated such facilities in substantial compliance with applicable state and
federal regulations and permit requirements. Applicants who do not have an
operating history in this State shall submit the following information to the
Director:
(A) A listing of all permits for
hazardous waste treatment, storage, and disposal facilities held by the
applicant within the last ten years;
(B) A listing of such permits revoked for
cause;
(C) A listing of hazardous
waste treatment, storage, or disposal facilities owned or operated by the
applicant that are currently not in substantial compliance with applicable
state or federal regulations or permit requirements as officially determined by
a state or federal regulatory agency; and
(D) A description of all criminal and civil
penalties assessed against the applicant resulting from violations of state or
federal environmental laws within the last five years.
(l) THE APPLICANT SHALL DEMONSTRATE FITNESS TO COMPLY WITH THE ACT AND THESE RULES. The past performance of the applicant, or any partners, executive officers, or corporate directors, based on the record before the Director, shall constitute evidence that the applicant will comply with provisions of the Act and these rules and is fit to obtain a permit.
(i) The Director
may determine that the applicant is not fit to obtain a permit if the
applicant, or any partners, executive officers, or corporate directors have:
(A) Misrepresented or concealed any material
fact in the permit application;
(B)
Been convicted of a felony or pleaded guilty to a felony for violations of
environmental quality or criminal racketeering laws or regulations within the
five years preceding the application for the permit, which in the judgment of
the Director constitutes evidence that the applicant cannot be relied upon to
conduct the operations described in the application in compliance with the Act
and these rules; or
(C) Been
adjudicated in contempt of any order of any court enforcing laws of any state
or the federal government within five years preceding the application for a
permit.
(ii) In
determining whether the applicant is fit under Sections 270(m) and 270(n) of
this Chapter, the Director shall consider:
(A)
The relevance of the offense to the business for which a permit is
issued;
(B) The nature and
seriousness of the offense;
(C) The
circumstances under which the offense occurred;
(D) The date of the offense;
(E) The ownership and management structure in
place at the time of the offense; and
(F) Evidence of rehabilitation including the
applicant's record of implementing corrective action, the applicant's
cooperation with governmental entities, implementation of formal policies and
procedures to prevent recurrence, and the discharge of individuals or severance
of affiliation with parties responsible for the offense.
(m) INTERIM STATUS CORRECTIVE ACTION ORDERS.
(i) Whenever on the basis of
any information the Director determines that there is or has been a release of
hazardous waste into the environment from a facility authorized under
40 CFR
270.70, the Director may issue an order
requiring corrective action or such other response measure as the Director
deems necessary to protect human health or the environment or the State may
commence a civil action under the Act.
(ii) Any order issued under Section 270(p) of
this Chapter may include a suspension or revocation of authorization to operate
under
40 CFR
270.70, shall state with reasonable
specificity the nature of the required corrective action or other response
measure, and shall specify a time for compliance. If any person named in an
order fails to comply with the order, the State may initiate a civil action
under the Act.
(n) IMMINENT HAZARD. Notwithstanding any other provision of the Act, upon receipt of evidence that the past or present handling, storage, treatment, transportation or disposal of any waste material or hazardous waste may present an imminent and substantial endangerment to public health or the environment, the Director may request the Attorney General to bring suit on behalf of the people of the State of Wyoming against any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage or disposal facility) who has contributed or who is contributing to such handling, storage, treatment, transportation, or disposal to restrain such person from such handling, storage, treatment, transportation, or disposal, to order such person to take such other action as may be necessary, or both. A transporter shall not be deemed to have contributed or to be contributing to such handling, storage, treatment, or disposal taking place after such waste material or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation, and disposal of such waste. The Director may also take other action under Section 270(p) of this Chapter including, but not limited to, issuing such orders as may be necessary to protect public health and the environment.
(o) MONITORING, ANALYSIS AND TESTING.
(i) Authority of the
Director. The Director may issue an order requiring an owner or operator to
conduct such monitoring, testing, analysis, and reporting as the Director deems
reasonable to ascertain the nature and extent of a hazard, if the Director
determines, upon receipt of any information, that the presence of any hazardous
waste at a facility or site at which hazardous waste is, or has been, stored,
treated, or disposed of or the release of any such waste from such facility or
site may present a substantial hazard to human health or the
environment.
(ii) Previous Owners
and Operators. In the case of any facility or site not in operation at the time
a determination is made under Section 270(q)(i) of this Chapter with respect to
facility or site, if the Director finds that the current owner of such
facilities could not reasonably be expected to have actual knowledge of the
presence of hazardous waste at such facility or site and of its potential for
release, the Director may issue an order requiring the most recent previous
owner or operator of such facility or site who could reasonably be expected to
have such actual knowledge to carry out the actions referred to in Section
270(q)(i) of this Chapter.
(iii)
Proposal. An order under Section 270(q)(i) or Section 270(q)(ii) of this
Chapter shall require the person to whom such order is issued to submit to the
Director within thirty days from the issuance of such order a proposal for
carrying out the required monitoring, testing, analysis, and reporting. The
terms of this proposal shall become enforceable upon approval by the
Director.
(iv) Monitoring, testing,
or analysis carried out by the Director.
(A)
If the Director determines that no owner or operator referred to in Section
270(q)(i) or Section 270(q)(ii) of this Chapter is able to conduct satisfactory
monitoring, testing, analysis, or reporting, or that any such action carried
out by an owner or operator is unsatisfactory, or the Director cannot initially
determine that there is an owner or operator referred to in Section 270(q)(i)
or Section 270(q)(ii) of this Chapter who is able to conduct such monitoring,
testing, analysis, or reporting, the Director may:
(I) Conduct monitoring, testing, or analysis
(or any combination thereof) that the Director deems reasonable to ascertain
the nature and extent of the hazard associated with the site concerned,
or
(II) Authorize a local authority
or other person to carry out any such action.
(B) For purposes of carrying out Section
270(q)(iv) of this Chapter, the Director or any authority or other person
authorized under Section 270(q)(i)(A) of this Chapter, may exercise the
authorities set forth in RCRA §3007(a).
(v) Enforcement. The Director may request the
Attorney General to commence a civil action against any person who fails or
refuses to comply with any order issued under Section 270(q)(iv) of this
Chapter. Such action shall be brought under Article 9 of the
Act.
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