Section 724.654  Staging Piles

a)         Definition of a Staging Pile.  A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in 35 Ill. Adm. Code 720.110) that is not a containment building and which is used only during remedial operations for temporary storage at a facility.  A staging pile must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the staging pile originated.  Staging piles must be designated by the Agency in accordance with the requirements in this Section.

1)         For the purposes of this Section, storage includes mixing, sizing, blending, or other similar physical operations as long as they are intended to prepare the wastes for subsequent management or treatment.

2)         This subsection (a)(2) corresponds with 40 CFR 264.554(a)(2), which USEPA has marked as "reserved".  This statement maintains structural consistency with the federal regulations.

b)         Use of a Staging Pile.  An owner or operator may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if an owner or operator follows the standards and design criteria the Agency has designated for that staging pile.  The Agency must designate the staging pile in a permit or, at an interim status facility, in a closure plan or order (consistent with 35 Ill. Adm. Code 703.155(a)(5) and (b)(5)).  The Agency must establish conditions in the permit, closure plan, or order that comply with subsections (d) through (k).

c)         Information That an Owner or Operator Must Submit to Gain Designation of a Staging Pile.  When seeking a staging pile designation, an owner or operator must provide the following:

1)         Sufficient and accurate information to enable the Agency to impose standards and design criteria for the facility's staging pile according to subsections (d) through (k);

2)         Certification by a qualified Professional Engineer of technical data, such as design drawings and specifications, and engineering studies, unless the Agency determines, based on information that an owner or operator provides, that this certification is not necessary to ensure that a staging pile will adequately protect human health and the environment; and

3)         Any additional information the Agency determines is necessary to adequately protect human health and the environment.

d)         Performance Criteria That a Staging Pile Must Satisfy.  The Agency must establish the standards and design criteria for the staging pile in the permit, closure plan, or order.

1)         The standards and design criteria must comply with the following:

A)        The staging pile must facilitate a reliable, effective, and protective remedy;

B)        The staging pile must be designed so as to prevent or minimize releases of hazardous wastes and hazardous constituents into the environment, and minimize or adequately control cross-media transfer, as necessary to adequately protect human health and the environment (for example, through the use of liners, covers, or run-off and run-on controls, as appropriate); and

C)        The staging pile must not operate for more than two years, except when the Agency grants an operating term extension pursuant to subsection (i).  An owner or operator must measure the two-year limit or other operating term specified by the Agency in the permit, closure plan, or order from the first time an owner or operator places remediation waste into a staging pile.  An owner or operator must maintain a record of the date when it first placed remediation waste into the staging pile for the life of the permit, closure plan, or order, or for three years, whichever is longer.

2)         In setting the standards and design criteria, the Agency must consider the following factors:

A)        The length of time the pile will be in operation;

B)        The volumes of wastes the owner or operator intends to store in the pile;

C)        The physical and chemical characteristics of the wastes to be stored in the unit;

D)        The potential for releases from the unit;

E)        The hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases; and

F)         The potential for human and environmental exposure to potential releases from the unit.

e)         Receipt of Ignitable or Reactive Remediation Waste.  An owner or operator must not place ignitable or reactive remediation waste in a staging pile unless the following is true:

1)         The owner or operator has treated, rendered, or mixed the remediation waste before it placed the waste in the staging pile so that the following is true of the waste:

A)        The remediation waste no longer meets the definition of ignitable or reactive pursuant to 35 Ill. Adm. Code 721.121 or 721.123; and

B)        The owner or operator has complied with Section 724.117(b); or

2)         The owner or operator manages the remediation waste to protect it from exposure to any material or condition that may cause it to ignite or react.

f)         Managing Incompatible Remediation Wastes in a Staging Pile.  The term "incompatible waste" is defined in 35 Ill. Adm. Code 720.110.  An owner or operator must comply with the following requirements for incompatible wastes in staging piles:

1)         The owner or operator must not place incompatible remediation wastes in the same staging pile unless an owner or operator has complied with Section 724.117(b);

2)         If remediation waste in a staging pile is incompatible with any waste or material stored nearby in containers, other piles, open tanks, or land disposal units (for example, surface impoundments), an owner or operator must separate the incompatible materials, or protect them from one another by using a dike, berm, wall, or other device; and

3)         The owner or operator must not pile remediation waste on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to comply with Section 724.117(b).

g)         Staging piles are not subject to land disposal restrictions and federal minimum technological requirements.  Placing hazardous remediation wastes into a staging pile does not constitute land disposal of hazardous wastes or create a unit that is subject to the federal minimum technological requirements of section 3004(o) of RCRA, 42 USC 6924(o).

h)         How Long an Owner or Operator May Operate a Staging Pile.  The Agency may allow a staging pile to operate for up to two years after hazardous remediation waste is first placed into the pile.  An owner or operator must use a staging pile no longer than the length of time designated by the Agency in the permit, closure plan, or order (the "operating term"), except as provided in subsection (i).

i)          Receiving an Operating Extension for a Staging Pile

1)         The Agency may grant one operating term extension of up to 180 days beyond the operating term limit contained in the permit, closure plan, or order (see subsection (l) for modification procedures).  To justify the need for an extension, an owner or operator must provide sufficient and accurate information to enable the Agency to determine that the following is true of continued operation of the staging pile:

A)        Continued operation will not pose a threat to human health and the environment; and

B)        Continued operation is necessary to ensure timely and efficient implementation of remedial actions at the facility.

2)         The Agency must, as a condition of the extension, specify further standards and design criteria in the permit, closure plan, or order, as necessary, to ensure adequate protection of human health and the environment.

j)          The Closure Requirement for a Staging Pile Located in a Previously Contaminated Area

1)         Within 180 days after the operating term of the staging pile expires, an owner or operator must close a staging pile located in a previously contaminated area of the site by removing or decontaminating all of the following:

A)        Remediation waste;

B)        Contaminated containment system components; and

C)        Structures and equipment contaminated with waste and leachate.

2)         An owner or operator must also decontaminate contaminated subsoils in a manner and according to a schedule that the Agency determines will adequately protect human health and the environment.

3)         The Agency must include the above requirements in the permit, closure plan, or order in which the staging pile is designated.

k)         The Closure Requirement for a Staging Pile Located in a Previously Uncontaminated Area

1)         Within 180 days after the operating term of the staging pile expires, an owner or operator must close a staging pile located in an uncontaminated area of the site according to Sections 724.358(a) and 724.211 or according to 35 Ill. Adm. Code 725.358(a) and 725.211.

2)         The Agency must include the requirement of this Section stated in subsection (k)(1) in the permit, closure plan, or order in which the staging pile is designated.

l)          Modifying an Existing Permit (e.g., a RAP), Closure Plan, or Order to Allow Use of a Staging Pile

1)         To modify a permit, other than a RAP, to incorporate a staging pile or staging pile operating term extension, either of the following must occur:

A)        The Agency must approve the modification pursuant to the procedures for Agency-initiated permit modifications in 35 Ill. Adm. Code 703.270 through 703.273; or

B)        An owner or operator must request a Class 2 modification pursuant to 35 Ill. Adm. Code 703.280 through 703.283.

2)         To modify a RAP to incorporate a staging pile or staging pile operating term extension, an owner or operator must comply with the RAP modification requirements pursuant to 35 Ill. Adm. Code 703.304(a) and (b).

3)         To modify a closure plan to incorporate a staging pile or staging pile operating term extension, an owner or operator must follow the applicable requirements pursuant to Section 724.212(c) or 35 Ill. Adm. Code 725.212(c).

4)         To modify an order to incorporate a staging pile or staging pile operating term extension, an owner or operator must follow the terms of the order and the applicable provisions of 35 Ill. Adm. Code 703.155(a)(5) or (b)(5).

m)        Public Availability of Information about a Staging Pile.  The Agency must document the rationale for designating a staging pile or staging pile operating term extension and make this documentation available to the public.

(Source:  Amended at 43 Ill. Reg. 5999, effective May 2, 2019)