Section 703.157  Grounds for Termination of Interim Status

Interim status terminates when either of the following occurs:

a)         Final administrative disposition is made of a permit application, except an application for a remedial action plan (RAP) under Subpart H; or

b)         The owner or operator fails to furnish a requested Part B application on time, or to furnish the full information required by the Part B application, in which case the Agency must notify the owner and operator of the termination of interim status following the procedures for a notice of intent to deny a permit pursuant to 35 Ill. Adm. Code 705.

c)         Corresponding 40 CFR 270.10(e)(1)(iii) required a RCRA Part B permit application before a date long past.  This statement maintains structural consistency with the federal rules.

d)         For an owner or operator of a land disposal facility that is in existence on the effective date of statutory or regulatory amendments under the federal Resource Conservation and Recovery Act (42 USC 6901 et seq.) that render the facility subject to the requirement to have a RCRA permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement, unless the owner or operator of such facility does as follows:

1)         It submits a Part B application for a RCRA permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and

2)         It certifies that such facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

e)         For an owner or operator of any land disposal unit that is granted authority to operate under Section 703.155(a)(1), (a)(2), or (a)(3), on the day 12 months after the effective date of such requirement, unless the owner or operator certifies that such unit is in compliance with all applicable groundwater monitoring and financial responsibility requirements (Subparts F and H of 35 Ill. Adm. Code 725).

BOARD NOTE:  Derived from 40 CFR 270.10(e)(5) and 270.73 (2017).

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