a) In order to show compliance with the
facility location requirements of Section 21(l) of the Environmental Protection
Act [
415 ILCS
5/21(l)] , the owner or operator must
include the following information, or a demonstration that Section 21(l) does
not apply:
1) The location of any active or
inactive shaft or tunneled mine below the facility;
2) The location of any active faults in the
earth's crust within two miles of the facility boundary;
3) The location of existing private wells or
existing sources of a public water supply within 1000 feet of any disposal unit
boundary;
4) The location of the
corporate boundaries of any municipalities within one and one-half miles of the
facility boundary;
BOARD NOTE: Subsections (a)(1), (a)(2), (a)(3), and (a)(4)
request information necessary to allow the Agency to determine the
applicability of Section 21(l) of the Environmental Protection Act
[415 ILCS
5/21(l)] requirements. These
provisions are not intended to modify the requirements of the Act. For example,
the operator is required to give the location of wells on its own property,
even though the Agency might find that these do not prohibit the site
location.
5) Documentation
showing approval of municipalities if such approval is required by Section
21(l) of the Environmental Protection Act [
415 ILCS
5/21(l)] ;
BOARD NOTE: This subsection (a) is a State-only requirement
derived from
415 ILCS
5/21(l).
b) This subsection (b) corresponds with
40 CFR
270.14(b)(11)(ii), which
pertains exclusively to facilities located in certain federally listed seismic
zones, none of which is in Illinois. This statement maintains structural
consistency with the corresponding federal rules;
c) A facility owner or operator must provide
an identification of whether the facility is located within a 100-year
floodplain. This identification must indicate the source of data for such
determination and include a copy of the relevant flood map produced by the
Federal Emergency Management Agency, National Flood Insurance Program (NFIP),
if used, or the calculations and maps used where a NFIP map is not available.
Information must also be provided identifying the 100-year flood level and any
other special flooding factors (e.g., wave action) that must be considered in
designing, constructing, operating, or maintaining the facility to withstand
washout from a 100-year flood;
BOARD NOTE: NFIP maps are available as follows: Flood Map
Distribution Center, National Flood Insurance Program, Federal Emergency
Management Agency, 6930 (A-F) San Tomas Road, Baltimore, MD 21227-6227.
800-638-6620; and, Illinois Floodplain Information Depository, State Water
Survey, 514 WSRC, University of Illinois, Urbana, IL 61801. 217-333-0447. Where
NFIP maps are available, they will normally be determinative of whether a
facility is located within or outside of the 100-year flood plain. However,
where the NFIP map excludes an area (usually areas of the flood plain less than
200 feet in width), these areas must be considered and a determination made as
to whether they are in the 100-year floodplain. Where NFIP maps are not
available for a proposed facility location, the owner or operator must use
equivalent mapping techniques to determine whether the facility is within the
100-year floodplain, and if so located, what is the 100-year flood
elevation.
d) An owner or
operator of a facility located in the 100-year floodplain must provide the
following information:
1) Engineering
analysis to indicate the various hydrodynamic and hydrostatic forces expected
to result at the site as a consequence of a 100-year flood;
2) Structural or other engineering studies
showing the design of operational units (e.g., tanks, incinerators) and flood
protection devices (e.g., floodwalls, dikes) at the facility and how these will
prevent washout;
3) If applicable,
and in lieu of subsections (d)(1) and (d)(2), a detailed description of
procedures to be followed to remove hazardous waste to safety before the
facility is flooded, including the following:
A) Timing of such movement relative to flood
levels, including estimated time to move the waste, to show that such movement
can be completed before floodwaters reach the facility;
B) A description of the locations to which
the waste will be moved and demonstration that those facilities will be
eligible to receive hazardous waste in accordance with 35 Ill. Adm. Code
702,
703, and 724 through 727;
C) The
planned procedures, equipment, and personnel to be used and the means to ensure
that such resources will be available in time for use; and
D) The potential for accidental discharges of
the waste during movement;
e) An owner or operator of an existing
facility not in compliance with 35 Ill. Adm. Code
724.118(b)
must provide a plan showing how the facility will be brought into compliance
and a schedule for compliance. Such an owner or operator must file a concurrent
variance petition with the Board; and
f) An owner or operator of a new regional
pollution control facility, as defined in Section 3 of the Environmental
Protection Act [415 ILCS 5/3] , must
provide documentation showing site location suitability from the county board
or other governing body as provided by Section 39(c) and 39.2 of that Act
[415 ILCS 5/39(c)
and 39.2].
