Ill. Admin. Code tit. 35, § 703.230 - Land Treatment Demonstration
a) For
the purpose of allowing an owner or operator to meet the treatment
demonstration requirements of 35 Ill. Adm. Code
724.372,
the Agency shall issue a treatment demonstration permit. The permit must
contain only those requirements necessary to meet the standards in 35 Ill. Adm.
Code
724.372(c).
The permit must be issued either as a treatment or disposal permit, covering
only the field test or laboratory analyses, or as a two-phase facility permit,
covering the field tests, or laboratory analyses and design, construction,
operation, and maintenance of the land treatment unit.
1) The Agency must issue a two-phase facility
permit if it finds, based on information submitted in Part B of the
application, that substantial information already exists, although incomplete
or inconclusive, upon which to base the issuance of a facility
permit;
2) If the Agency finds that
not enough information exists upon which it can establish permit conditions to
attempt to provide for compliance with all of the requirements of Subpart M of
35 Ill. Adm. Code 724, it must issue a treatment demonstration permit covering
only the field test or laboratory analyses;
b) If the Agency finds that a phased permit
is to be issued, it must establish, as requirements in the first phase of the
facility permit, conditions for conducting the field tests or laboratory
analyses. These permit conditions must include design and operating parameters
(including the duration of the tests or analyses and, in the case of field
tests, the horizontal and vertical dimensions of the treatment zone),
monitoring procedures, post-demonstration cleanup activities, and any other
conditions that the Agency finds necessary under 35 Ill. Adm. Code
724.372(c).
The Agency must include conditions in the second phase of the facility permit
to attempt to meet all Subpart M of 35 Ill. Adm. Code 724 requirements
pertaining to unit design, construction, operation and maintenance. The Agency
must establish these conditions in the second phase of the permit based upon
the substantial but incomplete or inconclusive information contained in the
Part B application, as follows:
1) The first
phase of the permit becomes effective as provided in 35 Ill. Adm. Code
705.201(d);
2) The second phase of the permit becomes
effective as provided in subsection (d) of this Section;
c) When the owner or operator who has been
issued a two-phase permit has completed the treatment demonstration, it must
submit to the Agency a certification, signed by a person authorized to sign a
permit application or report under 35 Ill. Adm. Code
702.126,
that the field tests or laboratory analyses have been carried out in accordance
with the conditions specified in phase one of the permit for conducting such
tests or analyses. The owner or operator must also submit all data collected
during the field tests or laboratory analyses within 90 days of completion of
those tests or analyses unless the Agency approves a later date;
d) If the Agency determines that the results
of the field tests or laboratory analyses meet the requirements of 35 Ill. Adm.
Code 724.372, it must modify the second phase of the permit to incorporate any
requirements necessary for operation of the facility in compliance with Subpart
M of 35 Ill. Adm. Code 724, based upon the results of the field tests or
laboratory analyses.
1) This permit
modification may proceed as a minor modification under Section
703.280,
or otherwise must proceed as a modification under Section
703.271(b).
If such modifications are necessary, the second phase of the permit becomes
effective only after those modifications have been made.
2) If no modifications of the second phase of
the permit are necessary, or if only minor modifications are necessary and have
been made, the Agency must give notice of its final decision to the permit
applicant and to each person who submitted written comments on the phased
permit or who requested notice of final decision on the second phase of the
permit. The second phase of the permit then becomes effective as specified in
35 Ill. Adm. Code
705.201(d).
Notes
Amended at 27 Ill. Reg. 3496, effective February 14, 2003
BOARD NOTE: Derived from 40 CFR 270.63(2002).
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