An owner or operator may perform remediation waste management
activities under a RAP at a location removed from the area where the
remediation wastes originated.
a) An
owner or operator may request a RAP for remediation waste management activities
at a location removed from the area where the remediation wastes originated if
the owner or operator believes such a location would be more protective than
the contaminated area or areas in close proximity.
b) If the Agency determines that an
alternative location, removed from the area where the remediation waste
originated, is more protective than managing remediation waste at the area of
contamination or areas in close proximity, then the Agency must approve a RAP
for this alternative location.
c)
An owner or operator must request the RAP, and the Agency must approve or deny
the RAP, according to the procedures and requirements in this Subpart
H.
d) A RAP for an alternative
location must also meet the following requirements, which the Agency must
include in the RAP for such locations:
1) The
RAP for the alternative location must be issued to the person responsible for
the cleanup from which the remediation wastes originated;
2) The RAP is subject to the expanded public
participation requirements in Sections
703.191,
703.192,
and
703.193;
3) The RAP is subject to the public notice
requirements in 35 Ill. Adm. Code
705.163;
4) The site permitted in the RAP may not be
located within 61 meters or 200 feet of a fault that has had displacement in
the Holocene time. (The owner or operator must demonstrate compliance with this
standard through the requirements in Section
703.183(k).)
(See the definitions of terms in 35 Ill. Adm. Code
724.118(a).)
BOARD NOTE: Sites in Illinois are assumed to be in compliance
with the requirement of subsection (d)(4) of this Section, since they are not
listed in appendix VI to 40 CFR 264 (Political Jurisdictions in Which
Compliance with Section 264.18(a) Must Be Demonstrated), incorporated by
reference in 35 Ill. Adm. Code
720.111(b).
e) These alternative
locations are remediation waste management sites, and retain the following
benefits of remediation waste management sites:
1) Exclusion from facility-wide corrective
action under 35 Ill. Adm. Code
724.201;
and
2) Application of 35 Ill. Adm.
Code
724.101(j)
in lieu of Subparts B, C, and D of 35 Ill. Adm. Code
724.
BOARD NOTE: Derived from
40
CFR
270.230(2012).
