a) The owner or
operator of a Class I hazardous waste injection well must prepare, maintain,
and comply with a plan for post-closure care that meets the requirements of
subsection (b) and is specified by permit condition. The obligation to
implement the post-closure plan survives the termination of a permit or the
cessation of injection activities. The requirement to maintain an approved plan
is directly enforceable regardless of whether the requirement is a condition of
the permit.
1) The owner or operator must
submit the plan as a part of the permit application and, upon approval by the
Agency, such plan must be a condition of any permit issued.
2) The owner or operator must submit any
proposed significant revision to the plan as appropriate over the life of the
well, but no later than the date of the closure report required pursuant to
Section
730.171(c).
3) The plan must assure financial
responsibility, as required in Section
730.173.
4) The plan must include the following
information:
A) The pressure in the injection
zone before injection began;
B) The
anticipated pressure in the injection zone at the time of closure;
C) The predicted time until pressure in the
injection zone decays to the point that the well's cone of influence no longer
intersects the base of the lowermost USDW;
D) The predicted position of the waste front
at closure;
E) The status of any
cleanups required pursuant to Section
730.164;
and
F) The estimated cost of
proposed post-closure care.
5) At the request of the owner or operator,
or on its own initiative, the Agency may modify the post-closure plan after
submission of the closure report following the procedures in 35 Ill. Adm. Code
705.128.
b) The owner or operator must
undertake each of the following activities:
1) It must continue and complete any cleanup
action required pursuant to Section 730.164, if applicable;
2) It must continue to conduct any
groundwater monitoring required under the permit until pressure in the
injection zone decays to the point that the well's cone of influence no longer
intersects the base of the lowermost USDW. The Agency must extend the period of
post-closure monitoring if it determines in writing that the well may endanger
a USDW;
3) It must submit a survey
plat to the local zoning authority designated by permit condition. The plat
must indicate the location of the well relative to permanently surveyed
benchmarks. A copy of the plat must be submitted to USEPA, Region 5;
4) It must notify the Illinois Department of
Natural Resources, Office of Mines and Minerals, the State Department of Public
Health, and any unit of local government authorized to grant permits under the
Water Well Construction Code [ 415 ILCS 30 ] in the area where the well is
located as to the depth and location of the well and the confining zone;
and
5) It must retain, for a period
of three years following well closure, records reflecting the nature,
composition, and volume of all injected fluids. Owners or operators must
deliver the records to the Agency at the conclusion of the retention
period.
c) Each owner of
a Class I hazardous waste injection well, and the owner of the surface or
subsurface property on or in which a Class I hazardous waste injection well is
located, must record a notation on the deed to the facility property or on some
other instrument that is normally examined during title search that will in
perpetuity provide any potential purchaser of the property the following
information:
1) The fact that land has been
used to manage hazardous waste;
2)
The names of the Illinois Department of Natural Resources, Office of Mines and
Minerals and the local zoning authority with which the plat was filed, as well
as the address of USEPA Region 5; and
3) The type and volume of waste injected, the
injection interval or intervals into which it was injected, and the period over
which injection occurred.
d) In addition to the requirements stated in
this Section, each owner of a Class I hazardous waste injection well must
comply with any other State or federal law or local ordinance that requires the
reporting of any potential environmental or physical impairment of real
property to subsequent or prospective owners.