a) The owner or
operator must prevent the unknowing entry, and minimize the possibility for the
unauthorized entry, of persons or livestock onto the active portion of the
facility, unless the owner or operator demonstrates the following to the
Agency:
1) That physical contact with the
waste, structures or equipment within the active portion of the facility will
not injure unknowing or unauthorized persons or livestock that may enter the
active portion of a facility; and
2) That disturbance of the waste or
equipment, by the unknowing or unauthorized entry of persons or livestock onto
the active portion of a facility, will not cause a violation of the
requirements of this Part.
BOARD NOTE: 35 Ill. Adm. Code 703 requires that an owner or
operator who wishes to make the demonstration referred to above must do so with
Part B of the permit application.
b) Unless the owner or operator has made a
successful demonstration under subsections (a)(1) and (a)(2), a facility must
have the following:
1) A 24-hour surveillance
system (e.g., television monitoring or surveillance by guards or facility
personnel) that continuously monitors and controls entry onto the active
portion of the facility; or
2)
Physical Barriers
A) An artificial or natural
barrier (e.g., a fence in good repair or a fence combined with a cliff), which
completely surrounds the active portion of the facility; and
B) A means to control entry, at all times,
through the gates or other entrances to the active portion of the facility
(e.g., an attendant, television monitors, locked entrance, or controlled
roadway access to the facility).
BOARD NOTE: The requirements of subsection (b) are satisfied
if the facility or plant within which the active portion is located itself has
a surveillance system, or a barrier and a means to control entry, that complies
with the requirements of subsection (b)(1) or (b)(2).
c) Unless the owner or
operator has made a successful demonstration under subsections (a)(1) and
(a)(2), a sign with the legend, "Danger - Unauthorized Personnel Keep Out",
must be posted at each entrance to the active portion of a facility, and at
other locations, in sufficient numbers to be seen from any approach to this
active portion. The sign must be legible from a distance of at least 25 feet.
Existing signs with a legend other than "Danger - Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that only authorized
personnel are allowed to enter the active portion, and that entry onto the
active portion can be dangerous.
