§726.460. Reclaiming a Lost Transportation and Disposal Conditional Exemption

a)         A generator may reclaim a lost transportation and disposal conditional exemption for a waste after the generator has received a return receipt confirming that the Agency and IEMA have received the generator's notification of the loss of the exemption specified in Section 726.455(a) and if the following conditions are fulfilled:

 

1)         The generator again meets the conditions specified in Section 726.415 for the waste; and

 

2)         The generator sends a notice, by certified delivery, to the Agency that the generator is reclaiming the exemption for the waste.  A generator's notice must be signed by the generator's authorized representative certifying that the information provided is true, accurate, and complete. The notice must include all of the following:

 

A)        An explanation of the circumstances of each failure;

 

B)        A certification that each failure that caused the generator to lose the exemption for the waste has been corrected and that the generator again meets all conditions for the waste as of the date the generator specifies;

 

C)        A description of plans that the generator has implemented, listing the specific steps that the generator has taken, to ensure that conditions will be met in the future; and

 

D)        Any other information that the generator wants the Agency to consider when the Agency reviews the generator's notice reclaiming the exemption.

 

b)         The Agency may terminate a reclaimed conditional exemption if it determines, in writing, pursuant to Section 39 of the Act, that the generator's claim is inappropriate based on factors including, but not limited to, the following: the generator has failed to correct the problem; the generator explained the circumstances of the failure unsatisfactorily; or the generator has failed to implement a plan with steps to prevent another failure to meet the conditions of Section 726.415.  In reviewing a reclaimed conditional exemption pursuant to this Section, the Agency may add conditions to the exemption to ensure that transportation and disposal activities will adequately protect human health and the environment.  Any Agency determination made pursuant to this subsection (b) is subject to review by the Board pursuant to Section 40 of the Act.

 

(Source:  Amended at 42 Ill. Reg. 23023, effective November 19, 2018)