Section 725.324  Response Actions

a)         The owner or operator of surface impoundment units subject to Section 725.321(a) must develop and keep on site a response action plan.  The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded.  At a minimum, the response action plan must describe the actions specified in subsection (b).

b)         If the flow rate into the LDS exceeds the action leakage rate for any sump, the owner or operator must do the following:

1)         Notify the Agency in writing of the exceedance within seven days after the determination;

2)         Submit a preliminary written assessment to the Agency within 14 days of the determination, as to the amount of liquids; likely sources of liquids; possible location, size, and cause of any leaks; and short-term actions taken and planned;

3)         Determine to the extent practicable the location, size, and cause of any leak;

4)         Determine whether waste receipt should cease or be curtailed; whether any waste should be removed from the unit for inspection, repairs, or controls; and whether or not the unit should be closed;

5)         Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

6)         Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Agency the results of the determinations specified in subsections (b)(3) through (b)(5), the results of actions taken, and actions planned.  Monthly thereafter, as long as the flow rate in the LDS exceeds the action leakage rate, the owner or operator must submit to the Agency a report summarizing the results of any remedial actions taken and actions planned.

c)         To make the leak or remediation determinations in subsections (b)(3) through (b)(5), the owner or operator must do either of the following:

1)         Perform the following assessments:

A)        Assess the source of liquids and amounts of liquids by source;

B)        Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the LDS to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and

C)        Assess the seriousness of any leaks in terms of potential for escaping into the environment; or

2)         Document why such assessments are not needed.

d)         Final Agency determinations pursuant to this Section are deemed to be permit denials for purposes of appeal to the Board pursuant to Section 40 of the Environmental Protection Act.

(Source:  Amended at 42 Ill. Reg. 23725, effective November 19, 2018)