Section 103.400  Purpose, Scope, and Applicability

a)         This Subpart applies when the Board finds in an interim order that an enforcement proceeding involves issuance or modification of a RCRA permit.

b)         Enforcement proceedings that involve issuance or modification of a RCRA permit include those in which, to grant complete relief, it appears that the Board will have to:

1)         Revoke a RCRA permit;

2)         Order a RCRA permit issued or modified;

3)         Enter an order that could require actions that would be different from the conditions of a RCRA permit or 35 Ill. Adm. Code 724 or 725; or

4)         Enter an order directing facility closure or modification after a finding that a facility was operating without a RCRA permit and that one was required.

c)         These procedures provide methods by which the Board will formulate a compliance plan, and, if necessary, direct the issuance or modification of a RCRA permit.