An owner or operator of a surface impoundment, a land
treatment unit, or a waste pile that is closing by removal or decontamination
under 35 Ill. Adm. Code 725 standards must obtain a post-closure permit, unless
it demonstrates to the Agency that the closure met the standards for closure by
removal or decontamination in 35 Ill. Adm. Code
724.328,
724.380(e),
or
724.358,
respectively. The demonstration may be made in the following ways:
a) If the owner or
operator has submitted a
Part B application for a post-closure permit, the owner or
operator may request
a determination, based on information contained in the application, that 35
Ill. Adm. Code
724 closure by removal standards are met. If the Agency makes a
tentative decision that the 35 Ill. Adm. Code
724 standards are met, the Agency
will notify the public of this proposed decision, allow for public comment and
reach a final determination according to the procedures in Section
703.160.
b) If the owner or
operator has not submitted
a Part B application for a post-closure permit, the owner or
operator may
petition the Agency for a determination that a post-closure permit is not
required because the closure met the applicable 35 Ill. Adm. Code
724
standards.
1) The petition must include data
demonstrating that closure by removal or decontamination standards were
met.
2) The Agency must approve or
deny the petition according to the procedures outlined in Section
703.160.
