Section 727.150  Contingency Plan and Emergency Procedures

a)         Applicability of This Section.  This Section applies to the owner or operator of a facility that treats or stores hazardous waste under a RCRA standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 703, except as provided in Section 727.100(a)(2).

BOARD NOTE:  Subsection (a) is derived from 40 CFR 267.50 (2017).

b)         The Purpose and Use of the Contingency Plan

1)         The facility owner or operator must have a contingency plan for its facility.  The owner or operator must design the plan to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

2)         The owner or operator must implement the provisions of the plan immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment.

BOARD NOTE:  Subsection (b) is derived from 40 CFR 267.51 (2017).

c)         Contents of the Contingency Plan

1)         The facility contingency plan must include the following information:

A)        It must describe the actions facility personnel will take to comply with subsections (b) and (g) in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility;

B)        It must describe all arrangements agreed upon pursuant to Section 727.130(g) by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services;

C)        It must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subsection (f)), and the owner or operator must keep the list up to date.  Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates;

D)        It must include a current list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required.  In addition, the facility owner or operator must include the location and a physical description of each item on the list, and a brief outline of its capabilities; and

E)        It must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary.  The plan must describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

2)         If the facility owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan pursuant to federal 40 CFR 112, or some other emergency or contingency plan, the owner or operator needs only to amend that plan to incorporate hazardous waste management provisions that will comply with the requirements of this Part.

BOARD NOTE:  Subsection (c) is derived from 40 CFR 267.52 (2017).

d)         Who Must Have Copies of the Contingency Plan

1)         The facility owner or operator must maintain a copy of the plan with all revisions at the facility; and

2)         The owner or operator must submit a copy with all revisions to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

BOARD NOTE:  Subsection (d) is derived from 40 CFR 267.53 (2017).

e)         When the Facility Owner or Operator Must Amend the Contingency Plan.  The facility owner or operator must review, and immediately amend the contingency plan, if necessary, whenever any of the following occurs:

1)         The facility permit is revised;

2)         The plan fails in an emergency;

3)         The owner or operator changes the facility (in its design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

4)         The owner or operator changes the list of emergency coordinators; or

5)         The owner or operator changes the list of emergency equipment.

BOARD NOTE:  Subsection (e) is derived from 40 CFR 267.54 (2017).

f)         The Role of the Emergency Coordinator.  At least one employee must be either on the facility premises or on call at all times (that is, available to respond to an emergency by reaching the facility within a short period of time) who has the responsibility for coordinating all emergency response measures.  This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout.  In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

BOARD NOTE:  Subsection (f) is derived from 40 CFR 267.55 (2017).

g)         Required Emergency Procedures for the Emergency Coordinator

1)         Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately undertake the following actions:

A)        He or she must activate internal facility alarm or communication systems, where applicable, to notify all facility personnel; and

B)        He or she must notify appropriate State or local agencies with designated response roles if their help is needed.

2)         Whenever there is a release, fire, or explosion, the emergency coordinator must undertake the following actions:

A)        He or she must immediately identify the character, exact source, amount, and areal extent of any released materials.  He or she may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis; and

B)        He or she must assess possible hazards to human health or the environment that may result from the release, fire, or explosion.  This assessment must consider both direct and indirect effects of the release, fire, or explosion.  For example, the assessment would consider the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.

3)         If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health or the environment outside the facility, he or she must report his findings as follows:

A)        If his or her assessment indicates that evacuation of local areas may be advisable, he or she must immediately notify appropriate local authorities.  He or she must be available to help appropriate officials decide whether local areas should be evacuated; and

B)        He or she must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll-free number 800-424-8802).  The report must include the following information:

i)          The name and telephone number of the reporter;

ii)         The name and address of facility;

iii)        The time and type of incident (for example, a release or a fire);

iv)        The name and quantity of materials involved, to the extent known;

v)         The extent of injuries, if any; and

vi)        The possible hazards to human health, or the environment outside the facility.

4)         During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility.  These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

5)         If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, when appropriate.

BOARD NOTE:  Subsection (g) is derived from 40 CFR 267.56 (2017).

h)         The Emergency Coordinator's Responsibilities after an Emergency

1)         Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

2)         The emergency coordinator must ensure that the following occur in the affected areas of the facility:

A)        No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

B)        All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

BOARD NOTE:  Subsection (h) is derived from 40 CFR 267.57 (2017).

i)          Emergency Notification and Recordkeeping Requirements

1)         The facility owner or operator must notify the Agency and other appropriate State and local authorities that the facility is in compliance with Section 727.150(h)(2) before operations are resumed in the affected areas of the facility.

2)         The facility owner or operator must note the time, date, and details of any incident that requires implementing the contingency plan in the operating record.  Within 15 days after the incident, the owner or operator must submit a written report on the incident to the Agency.  The owner or operator must include the following information in the report:

A)        The name, address, and telephone number of the owner or operator;

B)        The name, address, and telephone number of the facility;

C)        The date, time, and type of incident (e.g., fire, explosion);

D)        The name and quantity of materials involved;

E)        The extent of injuries, if any;

F)         An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

G)        The estimated quantity and disposition of recovered material that resulted from the incident.

BOARD NOTE:  Subsection (i) is derived from 40 CFR 267.58 (2017).

(Source:  Amended at 42 Ill. Reg. 24055, effective November 19, 2018)