Section 703.150  Application by Existing HWM Facilities and Interim Status Qualifications

a)         The owner or operator of an existing HWM facility or of an HWM facility in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a RCRA permit must submit Part A of the permit application to the Agency no later than the following times, whichever comes first:

1)         Six months after the date of publication of regulations that first require the owner or operator to comply with standards in 35 Ill. Adm. Code 725 or 726; or

2)         Thirty days after the date the owner or operator first becomes subject to the standards in 35 Ill. Adm. Code 725 or 726.

b)         In granting a variance under subsection (c), the Board will consider whether there has been substantial confusion as to whether the owner or operator of such facilities were required to file a Part A application and whether such confusion was attributable to ambiguities in 35 Ill. Adm. Code 720, 721, or 725.

c)         The time for filing Part A of the permit application may be extended only by a Board Order entered pursuant to a variance petition.

d)         The owner or operator of an existing HWM facility may be required to submit Part B of the permit application.  The Agency will notify the owner or operator that a Part B application is required, and set a date for receipt of the application, not less than six months after the date the notice is sent.  The owner or operator my voluntarily submit a Part B application for all or part of the HWM facility at any time. Notwithstanding the above, any owner or operator of an existing HWM facility must submit a Part B permit application in accordance with the dates specified in Section 703.157. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a RCRA permit must submit a Part B application in accordance with the dates specified in Section 703.157.

e)         Interim status may be terminated as provided in Section 703.157.

BOARD NOTE:  Derived from 40 CFR 270.10(e)(2017).

(Source:  Amended at 42 Ill. Reg. 20993, effective November 19, 2018)