Ill. Admin. Code tit. 35, § 703.153 - Qualifying for Interim Status
a)
Any person who owns or operates an existing HWM facility or a facility in
existence on the effective date of statutory or regulatory amendments that
render the facility subject to the requirement to have a RCRA permit must have
interim status and must be treated as having been issued a permit to the extent
he or she has fulfilled the following requirements:
1) The owner or operator has complied with
the requirements of Section 3010(a) of the federal Resource Conservation and
Recovery Act (
42 USC
6930(a) ) pertaining to
notification of hazardous waste activity;
BOARD NOTE: Some existing facilities may not be required to file a notification under Section 3010(a) of the federal Resource Conservation and Recovery Act ( 42 USC 6930(a) ). These facilities may qualify for interim status by meeting subsection (a)(2).
b) Failure to qualify for interim status. If
the Agency has reason to believe upon examination of a Part A application that
the Part A application fails to meet the requirements of 35 Ill. Adm. Code
702.123
or
703.181, it
must notify the owner or operator in writing of the apparent deficiency. Such
notice must specify the grounds for the Agency's belief that the application is
deficient. The owner or operator must have 30 days from receipt to respond to
such a notification and to explain or cure the alleged deficiency in its Part A
application. If, after such notification and opportunity for response, the
Agency determines that the application is deficient it may take appropriate
enforcement action.
c) Subsection
(a) of this Section must not apply to any facility that has been previously
denied a RCRA permit or if authority to operate the facility under the federal
Resource Conservation and Recovery Act (
42 USC
6901 et seq.) has been previously
terminated.
Notes
Amended at 30 Ill. Reg. 2845, effective February 23, 2006
BOARD NOTE: Derived from 40 CFR 270.70(2005).
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