Section 703.191  Public Participation:  Pre-Application Public Notice and Meeting

a)         Applicability.  This Section applies to any RCRA Part B application seeking an initial permit for a hazardous waste management unit.  This Section also applies to any RCRA Part B application seeking renewal of a permit for such a unit, where the renewal application is proposing a significant change in facility operations.  For the purposes of this Section, a "significant change" is any change that would qualify as a class 3 permit modification pursuant to Section 703.283 and Appendix A to this Part.  This Section also applies to a hazardous waste management facility for which facility the owner or operator is seeking coverage under a RCRA standardized permit (see Subpart J of this Part), including renewal of a RCRA standardized permit for such a unit, where the renewal is proposing a significant change in facility operations, as defined at 35 Ill. Code 705.304(a)(3).  This Section does not apply to any permit modification pursuant to Sections 703.280 through 703.283 or to any application that issubmitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

b)         Prior to the submission of a RCRA Part B permit application or the submission of a written Notice of Intent to be covered by a RCRA standardized permit (see Subpart J of this Part), the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of its proposed hazardous waste management activities.  The applicant must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

c)         The applicant must submit to the Agency, as part of its RCRA Part B permit application or the submission of a written Notice of Intent to be covered by a RCRA standardized permit (see Subpart J of this Part), a summary of the meeting, along with the list of attendees and their addresses developed pursuant to subsection (b) of this Section and copies of any written comments or materials submitted at the meeting, in accordance with Section 703.183.

d)         The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting.  The applicant must maintain documentation of the notice and provide that documentation to the permitting agency upon request.

1)         The applicant must provide public notice in each of the following forms:

A)        A newspaper advertisement.  The applicant must publish a notice in a newspaper of general circulation in the county that hosts the proposed location of the facility.  The notice must fulfill the requirements set forth in subsection (d)(2) of this Section.  In addition, the Agency must instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties, where the Agency determines that such publication is necessary to inform the affected public.  The notice must be published as a display advertisement.

B)        A visible and accessible sign.  The applicant must post a notice on a clearly marked sign at or near the facility.  The notice must fulfill the requirements set forth in subsection (d)(2) of this Section.  If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.

C)        A broadcast media announcement.  The applicant must broadcast a notice at least once on at least one local radio station or television station.  The notice must fulfill the requirements set forth in subsection (d)(2) of this Section.  The applicant may employ another medium with prior approval of the Agency.

D)        A notice to the Agency.  The applicant must send a copy of the newspaper notice to the permitting agency and to the appropriate units of State and local government, in accordance with 35 Ill. Adm. Code 705.163(a).

2)         The notices required pursuant to subsection (d)(1) of this Section must include the following:

A)        The date, time, and location of the meeting;

B)        A brief description of the purpose of the meeting;

C)        A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

D)        A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and

E)        The name, address, and telephone number of a contact person for the applicant.

BOARD NOTE:  Derived from 40 CFR 124.31 (2005), as amended at 70 Fed. Reg. 53420 (Sep. 8, 2005).

(Source:  Amended at 31 Ill. Reg. 487, effective December 20, 2006)