Section 725.240  Applicability

a)         The requirements of Sections 725.242, 725.243, and 725.247 through 725.250 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this Section or in Section 725.101.

b)         The requirements of Sections 725.244 and 725.245 apply only to owners and operators of any of the following:

1)         Disposal facilities;

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

3)         Containment buildings that are required pursuant to Section 725.1102 to meet the requirements for landfills.

c)         States and the federal government are exempt from the requirements of this Subpart H.

d)         A permit or enforceable document can contain alternative requirements that replace all or part of the financial assurance requirements of this Subpart H applying to a regulated unit, as provided in 35 Ill. Adm. Code 703.161, where the Board or Agency has done the following:

1)         The Board, by an adjusted standard granted pursuant to Section 28.1 of the Act and Subpart D of 35 Ill. Adm. Code 104,  has established alternative requirements for the regulated unit established pursuant to Section 725.190(f) or Section 724.210(d); and

2)         The Board has determined that it is not necessary to apply the financial assurance requirements of this Subpart H because the alternative financial assurance requirements will adequately protect human health and the environment.

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