Section 727.190  Releases from Solid Waste Management Units

a)         Applicability of This Section.  This Section applies to the owner or operator of a facility that treats or stores hazardous waste under a RCRA standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 703, except as provided in Section 727.100(a)(2), or unless its facility already has a permit that imposes requirements for corrective action pursuant to 35 Ill. Adm. Code 724.201.

BOARD NOTE:  Subsection (a) is derived from 40 CFR 267.90 (2017).

b)         This subsection (b) corresponds with 40 CFR 267.91, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

c)         This subsection (c) corresponds with 40 CFR 267.92, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

d)         This subsection (d) corresponds with 40 CFR 267.93, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

e)         This subsection (e) corresponds with 40 CFR 267.94, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

f)         This subsection (f) corresponds with 40 CFR 267.95, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

g)         This subsection (g) corresponds with 40 CFR 267.96, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

h)         This subsection (h) corresponds with 40 CFR 267.97, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

i)          This subsection (i) corresponds with 40 CFR 267.98, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

j)          This subsection (j) corresponds with 40 CFR 267.99, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

k)         This subsection (k) corresponds with 40 CFR 267.100, which USEPA has marked "Reserved".  This statement maintains structural consistency with the corresponding federal rules.

l)          Requirements for addressing corrective action for solid waste management units.

1)         The facility owner or operator must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit.

2)         The Agency must specify corrective action in the supplemental portion of the facility owner's or operator's RCRA standardized permit in accordance with this subsection (l) and Subpart S of 35 Ill. Adm. Code 724.  The Agency must include in the supplemental portion of the RCRA standardized permit schedules of compliance for corrective action (where corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing corrective action.

3)         The facility owner or operator must implement corrective action beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the Agency that, despite its best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions.  The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied.  On-site measures to address such releases will be determined on a case-by-case basis.  The owner or operator must provide assurances of financial responsibility for such corrective action.

4)         The facility owner or operator of a remediation site does not have to comply with this subsection (l) unless the site is part of a facility that is subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.

BOARD NOTE:  Subsection (l) is derived from 40 CFR 267.101 (2017).

(Source:  Amended at 42 Ill. Reg. 24055, effective November 19, 2018)