ILLINOIS POLLUTION CONTROL BOARD

May 5,

1988

IN THE MATTER OF:

)

CENSUS OF SOLID WASTE

)

R88—8

MANAGEMENT FACILITIES EXEMPT

)

FROM THE PERMIT REQUIREMENT

)

AS PROVIDED IN SECTION

21(d)

)

OP THE ACT,

35

ILL.

ADM.

CODE

808

PROPOSED RULE

FIRST NOTICE.

OPINION AND ORDER OF THE BOARD

(by

3.

Anderson):

This Opinion accompanies

the Board’s First Notice proposed

regulations.

The proposal provides for a census

of what are

often referred

to

as the permit—exempt on—site storage, treatment

or disposal operations.

The census

as presently proposed

encompasses,

for waste—treatment and waste—storage operations,

the two types of non—hazardous special waste,

i.e.

industrial

process

and pollution control waste, as defined

in

the

Environmental Protection Act

(Act).*

For waste—disposal

operations,

the proposal encompasses all wastes except

residential wastes.

The operations referred

to are encompassed

in Title V: Land Pollution and Refusal Disposal, at Section 21(d)

of

the Act.

The Section reads

as follows:

Section

21

No person shall:

d.

Conduct any waste—storage, waste—treatment,

or

waste—disposal operation:

1.

Without

a permit granted

by the Agency or

in violation of any conditions

imposed by

such

permit,

including

periodic

reports

and

full

access

to

adequate

records

and

the

inspection

of

facilities,

as may

be

necessary

to

assure compliance with

this

Act

and

with

regulations

and

standards

adopted

thereunder;

provided,

however,

*

By confining

the census

to such special wastes,

the Board is

not inferring

that

it

is hereby dilineating or construing

the

scope of Section

21(d).

The Board

notes

that Section

21(d) uses

the terms

“conduct”...

“operation”.

Neither

of these

terms are

defined

in the Act.

89—213

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—2—

that

no

permit

shall

be

required

for

any

person conducting

a waste—storage, waste—

treatment,

or

waste—disposal

operation

for wastes generated

by such person’s own

activities which

are

stored,

treated,

or

disposed

within

the

site

where

such

wastes

are generated

or,

2.

In

violation

of

any

regulations

or

standards adopted by the Board

under

this

Act.

This subsection

(d) shall not apply to hazardous waste.

(emphasis added)

At the outset,

the Board specifically requests comments

as

to whether confining the scope of the census

is appropriate.

The special waste category

for waste—treatment and waste—

storage

is proposed because

it

is this category, with certain

exceptions,

that is

of sufficient environmental concern

to be

manifested,

if generated off—site

(see

35 Ill. Adm Code 808),

and

which requires separate consideration in

a permit setting.

It

also appeared

to be the category of on—site waste

of primary

concern in the P84—17 proceedings.

This approach also has the

benefit of potentially keeping the census to manageable

proportions.

Regarding waste—disposal,

the Board

is proposing

to

encompass all non—residential waste because of its concern

that

certain operations might be disposing only wastes

that arguably

fall outside the special waste category; wastes from an

industrial laboratory

are an example of this concern.

The census

as presently proposed would identify the location

of the

treatment or

storage operation for other

kinds of wastes only

if

such waste

is commingled with special waste;

the Notification

Form could be amended

in paragraph IV

to identify

(as well as

locate) such commingled waste.

Also, please note that the

Board’s proposed landfill disposal regulations contain extensive

reporting requirements for

all on—site facilites.

The

fundamental question

is, what

is a workable

and desirable cut—off

point for the census?

Unpermitted, on—site operations

raise legitimate

environmental concerns.

The limited data that does exist

suggests

that they are significant both

in their numbers and

in

their potential to pollute.

While

the on—site operators might perceive the census

negatively,

if only because of the possibility

of greater Agency

oversight,

there are positive benefits

as well,

if not

necessarily readily perceived.

8q—214

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—3--

Even though unpermitted,

on—site operations

are required to

be

in

compliance with

the Act and Board regulations.

The Board

has already proposed comprehensive and detailed regulations

affecting

the location, design and operations of

all landfill

disposal,

including waste

piles.

The Board intends

to next focus

on detailed regulations

for

the storage and treatment of waste.

However, without basic data as

to their whereabouts

(including

hydrogeological)

and what they do,

the environmental protection

standards being developed

in any regulatory program risk being

based on false assumptions,

to the detriment of the environment

and the regulated community alike.

The Board has already noted

the concerns about the lack of data about on—site operations.

(See the R88—7 Opinion,

and the P88—8 Order opening this instant

docket,

both adopted on February 25,

1988.

The intent of

the census

is

to:

a)

Gather data directly from the operators.

b)

Accumulate data sufficient to identify and categorize

the operators and the operations,

the nature of

the

operation from the operator’s perspective,

and the

nature of the industry or governments generating

the

waste.

c)

Keep the form so simple to fill out that failure

to

comply cannot be based on expense, difficulty,

or down-

time.

d)

Have the results come in

a timely fashion while still

allowing start—up time

to implement

a strategy for

disseminating the census form to the operators.

e)

Accept over—reporting;

the scope of the census relies on

statutory definitions which themselves

invite

interpretation.

It

is failure

to report that

constitutes

a violation,

so “when

in doubt”

the

operators should

report.

The dilemma,

of course,

is how

to reach

a category of

persons whose very whereabouts are not tracked by the Agency,

and

to get responses.

Estimates of their numbers run into the

thousands.

The manner

in which such wastes are handled include

landfills,

land treatment,

piles,

surface impoundments

(e.g.

pits, ponds,

lagoons),

injection wells,

tanks

in or below the

ground,

etc.

The Board requests comments as

to whether this “basic

information census” approach is an effective strategy for

approaching

a problem that the Board

feels needs

to be

addressed.

The Board particularly welcomes comment from the

Agency as

to how

it perceives its

“contact” role,

if any.

For

89—215

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—4—

example,

would

the Agency consider initiating

a mass mailing?

The Board welcomes general comment

as

to whether such sources for

guidance or assistance as

the Standard Industrial Classification

(SIC),

a manufacturers directory,

various associations or the

Statewide Inventory* might

be useful

for guidance or assistance?

Obviously,

the usefulness of

the census

is highly dependent

on the magnitude

of the census response.

As stated earlier,

the

Board intends these

rules

to place

the responsibility on the

operator

to notify,

and if

in doubt

as

to the regulations’

applicability,

to notify anyway.

The exposure

to enforcement

comes

from failure to notify.

The greater the notification

effort

and tracking of replies,

the less

is the mitigation for

failure

to report.

Assuming that

a concerted effort can be made to contact the

on—site operations,

are there mechanisms available

to encourage

voluntary response?

Comment on the proposal itself, which

is generally self

explanatory are welcome.

The sections specifically noted below

are particularly highlighted

for comment:

Section 808.103.

The capitalized definitions denote

quotes

or paraphrases

of

language

in the Act.

The Board

invites comment as

to whether more terms,

e.g.

“Agency”,

“Board”,

should be defined;

the intent is

to have the

rules sent out along with

the form as

a “package”,

and

be

as self—explanatory as possible.

Section 808.lll(c)(2) and

(3).

Should

these

requirements be included

or should

the census

be

strictly limited

to

a one—time “snapshot” notification

on or before July

1,

1989,

as required in subsection

(c) (1)?

Section 808.112(b).

This language

is intended

to assure

the operators that,

if reasonable judgment

is exercized,

they are

in compliance.

It

is also intended to

forestall

a deluge of calls

to the Agency

for answers

to

*

By “Statewide Inventory”,

the Board

is referring to Ex.

2AF in

R84—l7(D),

“The Development of

the Statewide Inventory of Land—

Based Disposal Sites,” prepared by the State Geological Survey

under the auspices of

the Department

of Energy and Natural

Resources

by the Hazardous Waste Research and Information Center

(HWRIC),

a division of the Illinois State Water Survey, June

1986.

It

is part of HWRIC’s efforts

to inventory the past and

present disposal

of waste through burial, surface impoundment or

land application.

HWRIC’s focus

is on the development of a

comprehensive hazardous waste strategy

for Illinois.

89—216

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—5—

legal—type questions

as

to whether

a particular

operation consitutes waste—storage, waste—treatment or

waste—disposal or any combination thereof.*

Section 808.121.

This 90 day provision

is intended to

exclude such things as storage

in dumpsters.

In a

general~sense, the 90 days were chosen by reference to

35

Ill. Adm.

Code 722.134;

in

so proposing the Board

is

not suggesting any relationship with the permit

requirements

of that section.

Should there

be other

exclusions?

ORDER

The Board hereby directs

that First Notice of the following

proposed amendments

be submitted for publication

in the Illinois

Register.

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

1:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE AND SPECIAL WASTE HAULING

PART 808

NOTIFICATION OF WASTE ACTIVITIES BY

OPERATIONS EXEMPT FROM PERMIT REQUIREMENTS

SUBPART

A:

GENERAL PROVISIONS

Section

808.101

Purpose,

Scope and Applicability

808.102

Severability

808.103

Definitions

SUBPART B:

NOTIFICATION

Section

808.111

Notification

808.112

Effect

of Notification

SUBPART

C:

EXCLUSIONS

Section

808.121

Storage Prior

to Off—site Disposal

*

The HWRIC study,

noted earlier, observed that

a 1980 assessment

of surface impoundments by

the Agency indicated that the owners

were apparently reluctant to classify

their facilities

as

disposal

impoundments; less than one percent

of the 5000

facilities identified were

so classified.

(Id.,

p.2)

89—217

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—6—

APPENDIX

A:

Census Form

AUTHORITY:

Implementing Sections 4(b) and 21(d)

and authorized

by Section

5(b) and Section 27

of

the Environmental Protection

Act

(Ill.

Rev.

Stat.

1985,

ch.

111 1/2,

pars.

1004(b),

1005(b),

1021(d)

and 1027).

SOURCE:

Adopted

in R88—8

at 12

Ill. Reg.

__________________

effective ______________________.

NOTE:

Capitalization

is used

to indicate that the

language

quotes or paraphrases

a statute.

SUBPART

A:

GENERAL PROVISIONS

Section 808.101

Purpose,

Scope

and Applicability

a)

This Part requires persons

to report to the Illinois

Environmental Protection Agency basic information

concerning

the identity,

location and nature of the

activities

of certain operations exempt from the permit

requirements of Section

21(d) of the Act.

The

information required

is included on a census form

contained in

these regulations.

This part applies

to

any person who conducts any operation that includes the

disposal of any non—residential non—hazardous waste,

or

the

storage or treatment

of non—hazardous special waste

within the site where the person generates such wastes.

b)

The

intent is

to collect

information that will assist

in

carrying out the purposes of the Act.

Section

808.102

Severability

If any provision of these

rules or

regulations

is adjudged

invalid,

or

if the application thereof

to any person or

in any

circumstance

is adjudged invalid,

such invalidity shall not

affect

the validity

of this Part

as

a whole or

of any Subpart,

Section,

Subsection,

Sentence or Clause thereof not adjudged

invalid.

Section 808.103

Definitions

Except as hereinafter stated, and unless a different meaning of

a

word

or term

is clear from

its context,

the definitions of words

or terms

as are used in this Part shall

be the same as those used

in the Environmental Protection Act, except that this Part does

not

apply

to hazardous waste.

89—218

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—7—

“DISPOSAL” MEANS THE DISCHARGE, DEPOSIT,

INJECTION, DUMPING,

SPILLING, LEAKING OR PLACING OF

ANY

WASTE INTO OR ON ANY LAND

OR WATER OR INTO ANY WELL SO THAT SUCH WASTE OR ANY

CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT OR BE EMITTED

INTO THE AIR OR DISCHARGED

INTO ANY WATERS, INCLUDING

GROUNDWATER.

“HAZARDOUS WASTE” MEANS A WASTE, OR COMBINATION OF WASTES,

WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL,

CHEMICAL, OR INFECTIOUS CHARACTERISTICS MAY CAUSE OR

SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN MORTALITY OR AN

INCREASE

IN SERIOUS, IRREVERSIBLE, OR INCAPACITATING

REVERSIBLE,

ILLNESS; OR POSE A SUBSTANTIAL PRESENT OR

POTENTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT WHEN

IMPROPERLY TREATED,

STORED, TRANSPORTED, OR DISPOSED OF, OR

OTHERWISE MANAGED, AND WHICH HAS BEEN IDENTIFIED,

BY

CHARACTERISTICS OR LISTING,

AS HAZARDOUS PURSUANT TO SECTION

3001 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976,

P.L. 94—580,

OR PURSUANT TO BOARD REGULATIONS.

Board

regulations define hazardous waste at 35

Ill.

Adm. Code

721.103.

“INDUSTRIAL PROCESS WASTE” MEANS ANY LIQUID, SOLID, SEMI-

SOLID, OR GASEOUS WASTE GENERATED AS A DIRECT OR INDIRECT

RESULT OF THE MANUFACTURE OF A PRODUCT OR THE PERFORMANCE OF

A SERVICE.

ANY SUCH WASTE WHICH WOULD POSE A PRESENT OR

POTENTIAL THREAT TO HUMAN HEALTH OR TO THE ENVIRONMENT OR

WITH INHERENT PROPERTIES WHICH MAKE THE DISPOSAL OF SUCH

WASTE

IN A LANDFILL DIFFICULT TO MANAGE BY NORMAL MEANS

IS AN

INDUSTRIAL PROCESS WASTE.

“INDUSTRIAL PROCESS WASTE”

INCLUDES BUT IS NOT LIMITED TO SPENT PICKLING LIQUORS,

CUTTING OILS,

CHEMICAL CATALYSTS,

DISTILLATION BOTTOMS,

ETCHING ACIDS, EQUIPMENT CLEANINGS,

PAINT SLUDGES,

INCINERATOR ASHES, CORE SANDS,

METALLIC DUST SWEEPINGS,

ASBESTOS DUST, HOSPITAL PATHOLOGICAL WASTES AND OFF—

SPECIFICATION,

CONTAMINATED OR RECALLED WHOLESALE OR RETAIL

PRODUCTS.

SPECIFICALLY EXCLUDED ARE UNCONTAMINATED PACKAGING

MATERIALS,

UNCONTAMINATED MACHINERY COMPONENTS,

GENERAL

HOUSEHOLD WASTE, LANDSCAPE WASTE AND CONSTRUCTION OR

DEMOLITION DEBRIS.

“Operation” means

the disposal

of any non—hazardous waste

or

the storage or

treatment

of non—hazardous special waste

within the site where such wastes are generated.

“Operator” MEANS A PERSON WHO CONDUCTS A WASTE—STORAGE,

WASTE-TREATMENT, OR WASTE-DISPOSAL OPERATION FOR WASTES

GENERATED BY SUCH PERSON’S OWN ACTIVITIES WHICH ARE STORED,

TREATED, OR DISPOSED WITHIN THE SITE WHERE SUCH WASTES ARE

GENERATED.

89—219

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—8—

“Owner” means

a person who has

an interest,

directly or

indirectly,

in land,

including

a leasehold interest,

on which

a person conducts

a waste treatment, waste storage or waste

disposal operation.

The “owner”

is the “operator”

if there

is no other person who is conducting

a waste treatment,

waste

storage

or waste disposal operation.

“POLLUTION CONTROL WASTE” MEANS ANY LIQUID,

SOLID, SEMI-SOLID

OR GASEOUS WASTE GENERATED AS A DIRECT OR INDIRECT RESULT OF

THE REMOVAL OF CONTAMINANTS FROM THE AIR, WATER OR LAND,

AND

WHICH POSE A PRESENT OR POTENTIAL THREAT TO HUMAN HEALTH OR

TO THE ENVIRONMENT OR WITH INHERENT PROPERTIES WHICH MAKE THE

DISPOSAL OF SUCH WASTE

IN A LANDFILL DIFFICULT TO MANAGE BY

NORMAL MEANS.

“POLLUTION CONTROL WASTE” INCLUDES BUT IS NOT

LIMITED TO WATER OR WAS.TEWATER.T.REATMENT PLANT SLUDGES,

BAGHOUSE DUSTS, SCRUBBER SLUDGES AND CHEMICAL SPILL

CLEANINGS.

“SPECIAL WASTE” MEANS ANY INDUSTRIAL PROCESS WASTE OR

POLLUTION CONTROL WASTE.

“STORAGE” MEANS THE CONTAINMENT OF WASTE, EITHER ON A

TEMPORARY BASIS OR FOR A PERIOD OF YEARS,

IS SUCH A MANNER AS

NOT TO CONSTITUTE DISPOSAL OF SUCH WASTE.

“Storage time” means

the time

that is measured either by the

actual

time identifiable

items

or quantities are placed

into

and removed from storage,

or by calculating on an annual

basis

the average

time the waste will

be

stored.

“TREATMENT” MEANS ANY METHOD,

TECHNIQUE OR PROCESS DESIGNED

TO CHANGE THE PHYSICAL, CHEMICAL OR BIOLOGICAL CHARACTER OR

COMPOSITION OF ANY WASTE SO AS TO NEUTRALIZE SUCH WASTE OR SO

AS TO RENDER SUCH WASTE SAFER FOR TRANSPORT, AMENABLE FOR

STORAGE OR REDUCED IN VOLUME.

“WASTE” MEANS ANY GARBAGE, SLUDGE FROM A WASTE TREATMENT

PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL

FACILITY OR OTHER DISCARDED MATERIAL, INCLUDING SOLID,

LIQUID, SEMI—SOLID, OR CONTAINED GASEOUS MATERIAL RESULTING

FROM INDUSTRIAL, COMMERCIAL, MINING AND AGRICULTURAL

OPERATIONS, AND FROM COMMUNITY ACTIVITIES,

BUT DOES NOT

INCLUDE SOLID OR DISSOLVED MATERIAL

IN DOMESTIC SEWAGE,

OR

SOLID OR DISSOLVED MATERIALS

IN

IRRIGATION RETURN FLOWS OR

INDUSTRIAL DISCHARGES WHICH ARE POINT SOURCES SUBJECT TO

PERMITS UNDER SECTION 402 OF THE CLEAN WATER ACT OR SOURCE,

SPECIAL NUCLEAR, OR BY-PRODUCT MATERIALS AS DEFINED BY THE

ATOMIC ENERGY ACT OF

1954,

AS AMENDED

(68 STAT.

921) OR ANY

SOLID OR DISSOLVED MATERIAL FROM ANY FACILITY SUBJECT TO THE

FEDERAL SURFACEMINING CONTROL AND RECLAMATION ACT OF 1977

(P.L.

95-87) OR THE RULES AND REGULATIONS THEREUNDER OR ANY

89—220

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—9—

LAW OR RULE OR REGULATION ADOPTED BY THE STATE OF ILLINOIS

PURSUANT THERETO.

SUBPART

B:

NOTIFICATION

Section 808.111

Notification

a)

The operator conducting any operation as defined in this

Part shall submit a notification

to the Agency, unless

the operation is excluded under Subpart

C.

b)

The notification must provide

the information required

by,

and

in the form specified

in, Appendix

A.

c)

Timing of notification.

1)

The operator of

an existing operation shall- submit

the notification

to the Agency on or

before July

1,

1989.

2)

After July

1, 1989,

a new operator

shall submit

notification

to the Agency within

60 days after

assuming control of the operation.

3)

An operator shall

notify the Agency of any

operation or

change

in an existing operation

commencing after July

1,

1989 within

60 days after

such commencement.

A change means that an earlier

notification that

identified the operation as

waste—treatment and/or waste—storage and/or waste—

disposal

is no longer correct.

Section 808.112

Effect of Notification

a)

Notification under

this part shall not constitute

a

defense

to a violation of the Act or Board regulation,

except for failure

to submit such notification.

b)

A reasonable decision by the operator

as

to whether

the

operation constitutes waste treatment and/or waste—

storage and/or waste—disposal

is sufficient

to comply

with that aspect of the information required by this

Part.

89—2 21

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—10—

SUBPART C:

EXCLUSION

Section 808.121

Storage Prior

to Off—site Disposal

The notification requirements

of this Part shall not apply

to an

operator who

is conducting only

a waste—storage operation within

the site where

such wastes are generated

if the storage

time

before

the wastes leave such site

is 90 days

or less.

If waste—

treatment or waste—disposal also occurs,

then notification

is

required also for such storage,

regardless

of the storage

time.

89—222

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—11—

APPENDIX

A:

ILLUSTRATION

OPERATOR NOTIFICATION

FORM

(Type)

I.

Name

of Operator

___________________

Postal Address

______________________

II.

Postal Address

of Operation

________

Township_____________________

County_____________________

If no street address, then also reference any well known

landmark,

road

or intersection.

III

General description of the nature of

the business

or

government whose wastes are stored,

treated, or disposed

at the operation.

IV.

Description of waste.

List specific examples used

in

the definitions of “INDUSTRIAL PROCESS WASTE”

and

“POLLUTION CONTROL WASTE”

if applicable.

V.

Identify whether the operation

is

a waste—storage and/or

waste—treatment

and/or waste—disposal operation

(See

Section 808.111(b).

89—223

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—12—

VI.

What

is the period of

time the operation has been

conducted?

VII.

Identify any permits issued by the Agency related

to the

conduct

of

the operation by type

(for example, Air,

NPDES, etc.)

and permit number.

Type of Permit________________ Permit No.________________

VIII.

Attest:

________________________________________________

Signature

of Operator

or

individual authorized

by

the operator

Subscribed and sworn

to

before me this

______

day

of

Notary Public

Mail

to:

Illinois Environmental Protection Agency

Division

of Land Pollution Control

P.

0. Box 19276

Springfield,

IL

62794—9276

IT

IS SO ORDERED.

89—224

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—13—

I, Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify

that the above Opinion and Order was

adopted

on the

~

day of

_____________,

1988,

by

a vote

of

7—o

.

Dorothy M.

~unn,

Clerk

Illinois Pollution Control Board

89—225