Section 703.184  Facility Location Information

a)         In order to show compliance with the facility location requirements of Section 21(l) of the Environmental Protection Act [415 ILCS 5/21(l)], the owner or operator must include the following information, or a demonstration that Section 21(l) does not apply:

1)         The location of any active or inactive shaft or tunneled mine below the facility;

2)         The location of any active faults in the earth's crust within two miles of the facility boundary;

3)         The location of existing private wells or existing sources of a public water supply within 1000 feet of any disposal unit boundary;

4)         The location of the corporate boundaries of any municipalities within one and one-half miles of the facility boundary;

BOARD NOTE:  Subsections (a)(1), (a)(2), (a)(3), and (a)(4) request information necessary to allow the Agency to determine the applicability of Section 21(l) of the Environmental Protection Act [415 ILCS 5/21(l)] requirements. These provisions are not intended to modify the requirements of the Act.  For example, the operator is required to give the location of wells on its own property, even though the Agency might find that these do not prohibit the site location.

5)         Documentation showing approval of municipalities if such approval is required by Section 21(l) of the Environmental Protection Act [415 ILCS 5/21(l)];

BOARD NOTE:  This subsection (a) is a State-only requirement derived from 415 ILCS 5/21(l).

b)         This subsection (b) corresponds with 40 CFR 270.14(b)(11)(ii), which pertains exclusively to facilities located in certain federally listed seismic zones, none of which is in Illinois.  This statement maintains structural consistency with the corresponding federal rules;

c)         A facility owner or operator must 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 flood map produced by the Federal Emergency Management Agency, National Flood Insurance Program (NFIP), if used, or the calculations and maps used where a NFIP map is not available.  Information must 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;

BOARD NOTE:  NFIP maps are available as follows:  Flood Map Distribution Center, National Flood Insurance Program, Federal Emergency Management Agency, 6930 (A-F) San Tomas Road, Baltimore, MD 21227-6227. 800-638-6620; and, Illinois Floodplain Information Depository, State Water Survey, 514 WSRC, University of Illinois, Urbana, IL 61801. 217-333-0447. Where NFIP maps are available, they will normally be determinative of whether a facility is located within or outside of the 100-year flood plain.  However, where the NFIP map excludes an area (usually areas of the flood plain less than 200 feet in width), these areas must be considered and a determination made as to whether they are in the 100-year floodplain.  Where NFIP maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what is the 100-year flood elevation.

d)         An owner or operator of a facility located in the 100-year floodplain must provide the following information:

1)         Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as a consequence of a 100-year flood;

2)         Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout;

3)         If applicable, and in lieu of subsections (d)(1) and (d)(2), a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including the following:

A)        Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility;

B)        A description of the locations to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with 35 Ill. Adm. Code 702, 703, and 724 through 727;

C)        The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use; and

D)        The potential for accidental discharges of the waste during movement;

e)         An owner or operator of an existing facility not in compliance with 35 Ill. Adm. Code 724.118(b) must provide a plan showing how the facility will be brought into compliance and a schedule for compliance.  Such an owner or operator must file a concurrent variance petition with the Board; and

f)         An owner or operator of a new regional pollution control facility, as defined in Section 3 of the Environmental Protection Act [415 ILCS 5/3], must provide documentation showing site location suitability from the county board or other governing body as provided by Section 39(c) and 39.2 of that Act [415 ILCS 5/39(c) and 39.2].

BOARD NOTE:  The Board has codified 40 CFR 270.14(b)(11)(iii) through (b)(11)(v) as subsections (c) through (e) to comport with Illinois Administrative Code codification requirements.  The Board has not codified an equivalent to 40 CFR 270.14(b)(11)(i) and (b)(11)(ii), relating to certain seismic zones not located within Illinois.

(Source:  Amended at 40 Ill. Reg. 11271, effective August 9, 2016)