TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.101 SCOPE AND APPLICABILITY
Section 745.101 Scope and
Applicability
a) This Part establishes procedures for prior conduct
certification for personnel of waste disposal sites.
b) This Part requires the chief operator of certain waste
disposal sites, pursuant to Subpart E, to obtain prior conduct certification.
Otherwise, permits for operation of the site may be denied or revoked, and the
owners or other named permittees, as well as the chief operator, are subject to
an enforcement action for continued operation without a certified operator,
pursuant to Subpart E.
c) This Part also prohibits any person who has had prior conduct
certification denied, cancelled or revoked, unless the person has a current
valid prior conduct certification, from owning or operating a waste disposal
site or serving as an officer or director of the owner or operator of a waste
disposal site, or serving as an employee at a waste disposal site, pursuant to
Subpart E.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.102 DEFINITIONS
Section 745.102 Definitions
a) Unless otherwise stated or unless the context clearly
indicates a different meaning, the definitions of terms used in this Part are
the same as those found in the Environmental Protection Act (Ill. Rev. Stat.
1985 ch. 111 1/2, pars. 1001 et seq.) and at 35 Ill. Adm. Code 807.104.
b) Notwithstanding subsection (a), the following terms are
defined for purposes of this Part:
"Act" means the Environmental Protection Act (Ill.
Rev. Stat. 1985, ch. 111 1/2, pars. 1001 et seq.), as amended.
"Agency" means the Illinois Environmental
Protection Agency.
"Board" means the Illinois Pollution Control Board.
"Chief Operator" means the one natural person in
responsible charge of a waste disposal site on a 24-hour basis. "Chief
Operator" also means any person why may from time to time and in the
regular course of business be designated by a waste disposal site's chief
operator during periods of vacation, accident, illness or the like.
"Natural person" means a human being. The term
excludes "artificial persons," such as business or governmental
entities.
"Owner" means the person who owns a waste disposal
site or part of a waste disposal site, or who owns the land on which the site
is located.
A person is in "responsible charge" if the person:
Is normally present at a waste disposal site;
Directs the day-to-day, overall operation at the site; and
Either is the owner or operator, or is employed by or under
contract with the owner or operator to assure that the day-to-day operations at
the site are carried out in compliance with 35 Ill. Adm. Code 724, 725, 730,
807 and other Board rules governing operations at waste disposal sites.
c) As used in this Subpart, "waste disposal site" means
a site for which a waste disposal permit is required by 35 Ill. Adm. Code:
Subtitle G, including but not necessarily limited to:
1) RCRA disposal permit required by 35 Ill. Adm. Code 703;
2) UIC permit required by 35 Ill. Adm. Code 704; or
3) Waste disposal permit required by 35 Ill. Adm. Code 807.
SUBPART B: APPLICATION FOR CERTIFICATION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.121 PERSONS WHO MAY APPLY
Section 745.121 Persons Who
May Apply
Any natural person may apply for
prior conduct certification pursuant to this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.122 APPLICATION
Section 745.122 Application
An application for prior conduct
certification shall include:
a) The name and address of the applicant;
b) Identification of each waste disposal site at any time owned
or operated by the applicant, or at which the applicant served as chief
operator, including:
1) The name and address of each site; and
2) A description of the nature of each site and the type of waste
disposed there (e.g., hazardous waste, municipal waste); and
3) A description of the length of and nature of involvement with
each site;
c) A copy of any final administrative or judicial determination,
made after opportunity for an adversarial proceeding, that the applicant has:
1) Violated federal, state or local laws, regulations or
ordinances governing the operation of any waste disposal site;
2) Been convicted in Illinois or another state of any crime which
is a felony under Illinois law, or been convicted of a felony in a federal
court;
3) Shown gross carelessness or incompetence in the handling,
storing, processing, transporting or disposing of any hazardous waste in any
state;
d) A description, including the name of the agency or court,
title, docket number and status, of any administrative or judicial proceeding,
which is still pending, which:
1) Could result in a determination against the application of
type described in subsection (c); or
2) Could result in a reversal of any administrative or judicial
determination provided by the applicant in response to subsection (c);
e) An affidavit attesting to the truth and completeness of the
facts asserted in the application.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.123 DUTY TO SUPPLEMENT PENDING APPLICATION
Section 745.123 Duty to
Supplement Pending Application
The applicant shall supplement
any pending application for prior conduct certification within 30 days after
any change of circumstances which renders, in any respect, the original
application for prior conduct certification inaccurate or incomplete.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.124 DUTY TO PROVIDE SUPPLEMENTAL INFORMATION
Section 745.124 Duty to
Provide Supplemental Information
a) Any person who holds prior conduct certification shall provide
on an annual basis a supplemental information report to the Agency which
identifies change in any of the information required by Section 745.122. A
person who holds prior conduct certification shall additionally, upon Agency
request, provide a supplemental information report which identifies change in
any of the information required by Section 745.122 prior to the first
anniversary of the submission of the previous report, so long as the person has
not been required to submit more than three such reports during the previous
one year period.
1) The Agency can request supplemental information only if it has
a sufficient reason.
2) The Agency shall state the reason at the time it requests
supplemental information.
3) "Sufficient reason" includes information in the
possession of the Agency which indicates that some of the information required
in Section 745.122 has changed.
b) The Agency shall provide notice to any individual certified
pursuant to this Part who has failed to comply with the provisions of
subsection (a). Such notice shall be mailed no less than 45 days after the due
date of the annual report, or no less than 45 days after the request for
supplemental information has been mailed.
c) If a person certified pursuant to this Part fails to comply
with the provisions of subsection (a) within 45 days after receipt of the
notice of subsection (b), the Agency shall notify the person that prior conduct
certification is cancelled effective upon receipt of the notice.
d) Any person whose prior conduct certification has been
cancelled pursuant to subsection (c) may reapply for certification at any time
upon filing of an application pursuant to this Part.
e) The Agency notices and requests of this Section shall be in
writing and mailed to the person by registered or certified mail, return
receipt requested.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.125 APPLICATION FORM
Section 745.125 Application
Form
The Agency shall prescribe the
form in which all information required under this Subpart shall be submitted
and may adopt such procedures as are necessary for carrying out its duties
under this Part.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.126 INCOMPLETE APPLICATIONS
Section 745.126 Incomplete
Applications
An application for prior conduct
certification shall not be deemed filed until the Agency has received, at the
designated address, all information and documents, in the form and with the
content required by this Part and related Agency procedures. If the Agency
fails to notify the applicant within 45 days after the receipt of an
application that the application is incomplete, and of the reasons the
application is considered to be incomplete, the application shall be deemed
complete and deemed filed on the date received by the Agency. An applicant may
deem the Agency's notification that the application is incomplete as a denial
of prior conduct certification for purposes of review pursuant to the
procedures of Section 40 of the Act and 35 Ill. Adm. Code 105. A prior conduct
certification which has been deemed to be denied pursuant to this Section shall
not constitute denial of certification for the purposes of Section 745.201.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.127 REGISTERED OR CERTIFIED MAIL
Section 745.127 Registered
or Certified Mail
All prior conduct certification
applications shall be mailed or delivered to the appropriate address designated
by the Agency, and, if mailed, shall be sent by registered or certified mail,
return receipt requested. Applications which are hand-delivered shall be
delivered to and receipted for by a person designated by the Agency.
SUBPART C: AGENCY ACTION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.141 STANDARDS FOR DENIAL
Section 745.141 Standards
for Denial
a) The Agency shall deny prior conduct certification to any
person who has:
1) Been repeatedly found, after opportunity for an adversarial
proceeding before any judicial or administrative body, to be in violation of
any federal, state or local laws, regulations or ordinances governing the
operation of waste disposal sites in any state;
2) Been convicted in any state of a crime which would be a felony
under Illinois law, or been convicted of a felony in federal court;
3) Been judicially or administratively determined, after
opportunity for an adversarial proceeding, to have shown gross carelessness or
incompetence in the handling, storing, processing, transporting or disposing of
any waste in any state;
4) Practiced any fraud or deceit in obtaining or attempting to
obtain prior conduct certification; or
5) Failed to timely file a supplemental application pursuant to
Section 745.123.
b) Subsection (a) notwithstanding, the Agency may, in its
discretion, grant prior conduct certification if mitigating factors exist such
that certification should issue. Mitigating factors include:
1) The severity of the misconduct;
2) How recently the misconduct took place;
3) The degree of control exerted over waste disposal operations
at a site by the applicant at the time misconduct described in subsection
(a)(3) was committed.
c) Pursuant to Section 39(a) of the Act, a person requesting
certification has the burden of demonstrating that the person is entitled to
the certification. Completion of the application form stating that none of the
reasons for denial exist is a sufficient demonstration in the absence of
information to the contrary.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.142 FINAL ACTION
Section 745.142 Final Action
a) If the Agency denies any prior conduct certification under
Section 745.141, it shall transmit to the applicant, within the time limits
specified in this Part, a specific, detailed written statement as to the
reasons why the prior conduct certification application was denied.
b) The Agency shall send all notices of final action by
registered or certified mail, return receipt requested. Final action shall
take place on the date that such notice is mailed.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.143 TIME LIMITS
Section 745.143 Time Limits
If the Agency fails to take
final action on the application for prior conduct certification within 90 days
after its filing, the applicant may deem the prior conduct certification
granted for one year beginning on the 91st day after the application was filed.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.144 WAIVER OF TIME LIMITS
Section 745.144 Waiver of
Time Limits
Any applicant for prior conduct
certification may waive the requirement of the time within which the Agency
must take final action on the application.
SUBPART D: APPEAL, REVOCATION AND TRANSFERABILITY
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.161 APPEAL OF CERTIFICATION DENIAL
Section 745.161 Appeal of
Certification Denial
If the Agency denies prior
conduct certification under this Part, the applicant may appeal that action to
the Board pursuant to Section 40 of the Act and 35 Ill. Adm. Code 105.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.162 REVOCATION
Section 745.162 Revocation
a) Any person may file a complaint with the Board, pursuant to
Title VIII of the Act and 35 Ill. Adm. Code 103, seeking revocation of a prior
conduct certification which has been granted by the Agency, or which was issued
by reason of Agency failure to comply with the time limits of Section 745.143.
Such action may be based upon grounds stated in Section 745.141(a).
b) Before revoking a certification, the Board will consider the
mitigating factors listed in Section 745.141(b).
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.163 DURATION AND TRANSFERABILITY
Section 745.163 Duration and
Transferability
a) Except as otherwise provided in Section 745.124 or Section
745.143, a prior conduct certification made pursuant to this Part remains valid
until revoked pursuant to Section 745.162.
b) A prior conduct certification is not transferable.
SUBPART E: PROHIBITIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.180 APPLICABILITY OF THE SUBPART
Section 745.180
Applicability of the Subpart
This Subpart does not apply to
sites used solely for waste treatment or waste storage.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.181 CHIEF OPERATOR REQUIREMENTS
Section 745.181 Chief
Operator Requirements
a) The individual who is chief operator of a waste disposal site,
as defined pursuant to Section 745.102(c), shall have prior conduct
certification.
b) The owner or other named permitee shall designate one or more
chief operators for each waste disposal site.
1) One certified chief operator may serve in that capacity for
multiple waste disposal units located at one waste disposal site.
2) One certified chief operator shall not serve in that capacity
for units located at two or more waste disposal sites.
3) A certified waste operator need not be present during all
hours a site is operating, provided that the chief operator retains
responsibility for site operations during the period of absence, and can be
contacted by waste disposal site personnel during the absence.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.201 PROHIBITIONS
Section 745.201 Prohibitions
a) No person shall operate a waste disposal site unless the site
chief operator has prior conduct certification.
b) No site owner or other named permittee shall cause or allow
operation of a waste disposal site unless the site chief operator has prior
conduct certification.
c) No person shall own or operate a waste disposal site if the
person has had prior conduct certification denied, cancelled or revoked, unless
the person has a current, valid prior conduct certification.
d) No person shall serve as an officer or director of the owner
or operator of a waste disposal site if the person has had prior conduct
certification denied, cancelled or revoked, unless the person has a current,
valid prior conduct certification.
e) No person shall serve as an employee at a waste disposal site
if the person has had prior conduct certification denied, cancelled or revoked,
unless the person has a current, valid prior conduct certification.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.202 AGENCY DENIAL OF WASTE DISPOSAL PERMIT
Section 745.202 Agency
Denial of Waste Disposal Permit
The Agency shall deny any waste
disposal permit to any owner or other named permit appliance, unless the
applicant demonstrates that the applicant will not violate Section 745.201.
Completion of the application form stating that the applicant intends to comply
is a sufficient demonstration in the absence of information to the contrary.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.203 REVOCATION OF WASTE DISPOSAL PERMIT
Section 745.203 Revocation
of Waste Disposal Permit
Any person may seek revocation
of any waste disposal permit on the grounds that the waste disposal site is in
violation of Section 745.201. Such action shall be initiated by filing a
complaint with the Board pursuant to Title VIII of the Act and 35 Ill. Adm.
Code 103.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.204 DEFENSE
Section 745.204 Defense
It shall be a complete defense
to an action brought pursuant to Section 745.203 that a replacement certified
chief operator has been employed within 90 days after the date of termination
of employment of a certified chief operator, or cancellation or revocation of
the chief operator's prior conduct certification.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER g: CERTIFICATIONS
PART 745
PRIOR CONDUCT CERTIFICATION
SECTION 745.205 EFFECTIVE DATE
Section 745.205 Effective
Date
The prohibitions of this Subpart
shall become effective July 1, 1988.
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