Section 703.193  Public Participation:  Information Repository

a)         Applicability.  The requirements of this Section must apply to any application seeking a RCRA permit for a hazardous waste management unit.

b)         The Agency must assess the need for an information repository on a case-by-case basis.  When assessing the need for an information repository, the Agency must consider a variety of factors, including the following:  the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Agency determines, at any time after submittal of a permit application, that there is a need for a repository, then the Agency must notify the facility that it must establish and maintain an information repository.  (See Section 703.248 for similar provisions relating to the information repository during the life of a permit.)

c)         The information repository must contain all documents, reports, data, and information deemed necessary by the Agency to fulfill the purposes for which the repository is established.  The Agency will have the discretion to limit the contents of the repository.

d)         The information repository must be located and maintained at a site chosen by the facility.  If the Agency determines that the chosen site is unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Agency must specify a more appropriate site.

e)         The Agency must specify requirements for the applicant for informing the public about the information repository.  At a minimum, the Agency must require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

f)         The facility owner or operator must be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Agency.  The Agency may close the repository if it determines that the repository is no longer needed based on its consideration of the factors in subsection (b) of this Section.

            BOARD NOTE:  Derived from 40 CFR 124.33 (2002).

(Source:  Amended at 27 Ill. Reg. 3496, effective February 14, 2003)