Ill. Admin. Code tit. 35, § 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).
Notes
Amended at 27 Ill. Reg. 3496, effective February 14, 2003
BOARD NOTE: Derived from 40 CFR 270.10(e)(5) and 270.73 (2017).
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