Section 725.210  Applicability

Except as Section 725.101 provides otherwise, the following requirements apply as indicated:

a)         Sections 725.211 through 725.215 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and

b)         Sections 725.216 through 725.220 (which concern post-closure care) apply to the owners and operators of the following:

1)         All hazardous waste disposal facilities;

2)         Waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these Sections are made applicable to such facilities in Section 725.328 or 725.358;

3)         Tank systems that are required pursuant to Section 725.297 to meet requirements for landfills; or

4)         Containment buildings that are required pursuant to Section 725.1102 to meet the requirement for landfills.

c)         Section 725.221 applies to owners and operators of units that are subject to the requirements of 35 Ill. Adm. Code 703.161 and which are regulated under an enforceable document (as established pursuant to 35 Ill. Adm. Code 703.161).

d)         A permit or enforceable document can contain alternative requirements that replace all or part of the closure and post-closure care requirements of this Subpart G (and the unit-specific standards in Section 725.211(c)) applying to a regulated unit (as defined in 35 Ill. Adm. Code 724.190), as provided in 35 Ill. Adm. Code 703.161, where the Board has determined by an adjusted standard granted pursuant to Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104 the following:

1)         The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release; and

2)         It is not necessary to apply the closure requirements of this Subpart G (and those referenced herein) because the alternative requirements will adequately protect human health and the environment, and will satisfy the closure performance standard of Section 725.211(a) and (b).

(Source:  Amended at 42 Ill. Reg. 23725, effective November 19, 2018)