ILLINOIS POLLUTION CONTROL BOARD
January 21, 1999
IN THE MATTER OF:
AMENDMENTS TO PERMITTING FOR
USED OIL MANAGEMENT AND USED
OIL TRANSPORT 35 ILL. ADM. CODE
807 AND 809
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)
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)
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R99-18
(Rulemaking - Land)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by N. J. Melas):
On November 2, 1998, the Illinois Environmental Protection Agency (Agency) filed a
“Motion to Sever the Docket and Proposed Amendments to Parts 809 and 807” (Mot. Sever).
In the motion to sever, the Agency requested that the Board separate its proposed rules on used
oil management and used oil transportation from the rules on hazardous waste transportation in
docket R98-29. In addition, the Agency proposed rules for used oil management and used oil
transportation. The Board granted the motion to sever and created this docket to address the
Agency’s proposed rules on used oil management and used oil transportation. See In the
Matter of: Nonhazardous Special Waste Hauling and the Uniform Program 35 Ill. Adm. Code
809 (Pursuant to P.A. 90-219) (December 17, 1998), R98-29, slip op. at 1.
By today’s action, the Board adopts the Agency’s proposed amendments for first
notice, pursuant to the Illinois Administrative Procedure Act. 5 ILCS 100/1-1
et seq.
(1996).
The proposed amendments will be published in the
Illinois Register
, whereupon a minimum
45-day public comment period will begin during which interested persons may file public
comments with the Board. The Board also incorporates the entire R98-29 docket into the R99-
18 docket.
REGULATORY / STATUTORY FRAMEWORK
In the past, facilities receiving used oil from off-site locations were subject to
permitting requirements at Part 807 of the Board’s rules and used oil transporters were subject
to special waste hauling permit requirements in Part 809. PC 2, fin. com. at 4;
1
35 Ill. Adm.
Code 807 and 809.
In the early 1990s, the United States Environmental Protection Agency promulgated
revised regulations pursuant to the Resource Conservation and Recovery Act (RCRA) for used
oil generators, processors, refiners, burners, marketers, and transporters. PC 2, fin. com. at
3; 42 U.S.C. § 6935 (1996). The revised standards were codified as a new Part 739 of the
Illinois Administrative Code in 1993. PC 2, fin. com. at 3-4; 35 Ill. Adm. Code 739; see also
1
The Agency’s “Final Comments” for docket R98-29 are cited as “PC 2, fin. com. at .”
2
In the Matter of: RCRA Update, USEPA Regulations (7/1/92 - 12/31/92) (September 23,
1993), R93-4
.
By placing the revised used oil management standards at Part 739, used oil
management facilities inadvertently became exempt from permitting requirements at Part 807
of the Board’s rules. PC 2, fin. com. at 4. Section 807.105(a) of the Board’s rules exempts
“Persons and facilities regulated pursuant to 35 Ill. Adm. Code 700 through 749.” 35 Ill.
Adm. Code 807.105(a). The placement of the revised used oil management standards at Part
739 did not affect used oil transportation, and used oil transporters are still subject to
regulation under Part 809 of the Board’s rules.
PROCEDURAL HISTORY
The precursor to the Agency’s proposal for docket R99-18 was in the Agency’s May 8,
1998 “Motion for Acceptance” for docket R98-29 (Mot. Accept). R98-29 changes the rules
for the transportation of hazardous waste in Illinois so that Illinois rules’ conform to an
emerging national standard. See In the Matter of: Nonhazardous Special Waste Hauling and
the Uniform Program 35 Ill. Adm. Code 809 (Pursuant to P.A. 90-219) (December 17, 1998),
R98-29, slip op. at 1. The Agency’s motion for acceptance also slightly changed the rules
regarding the transportation of nonhazardous special waste, including used oil. Mot. accept,
notice of proposed amendments at 27-28.
At the second hearing for docket R98-29 held on July 31, 1998, in Chicago, Anand
Rao, the Board’s technical advisor, asked Edwin C. Bakowski, manager of the Permit Section
of the Bureau of Land for the Agency, several questions about the Agency’s motion for
acceptance as it related to permitting for used oil management facilities.
2
Bakowski explained that, according to the Agency’s motion for acceptance, those who
transported only used oil did not need a nonhazardous special waste hauling permit. Tr.2 at 8.
In addition, used oil management facilities were also exempt from permit requirements. Tr.2
at 8,12; 35 Ill. Adm. Code 807.105(a). According to operating procedures at the Bureau of
Land, Bakowski said that Agency personnel routinely inspect permitted facilities that handle
nonhazardous special waste. Tr.2 at 10. Agency personnel randomly inspect nonpermitted
facilities (including, at that time, facilities that handle used oil), and they also inspect
nonpermitted facilities when there are complaints.
Id.
Rao asked Bakowski if it was good public policy for the Agency to exempt used oil
facilities from permitting requirements. Tr.2 at 11. Bakowski replied that the Agency would
further consider that point.
Id.
The Agency submitted its final comments for docket R98-29 on September 2, 1998,
and addressed the discussion at the July 31, 1998 hearing on permits for used oil management
facilities and for used oil transporters. The Agency provided the Board with three options for
improving the used oil facility permitting rules: 1) require permits for all used oil management
2
The transcript of the July 31, 1998 hearing for docket R98-29 is cited as “Tr.2 at .”
3
facilities pursuant to Section 21(d) of the Act and Part 807 of the Board’s rules; 2) maintain
the status quo and exempt used oil management facilities from the Part 807 permitting
requirements; or 3) require some used oil management facilities to have Part 807 Permits but
exempt others. PC 2, fin. com. at 4. The Agency recommended that the best course for the
Board to follow would be to adopt option three. PC 2, fin. com. at 4-5.
Inasmuch as this matter has already been discussed at the July 31, 1998 hearing for
docket R98-29, in the Agency’s final comments for docket R98-29, and in the Agency’s
proposed language within the motion to sever docket R99-18 from R98-29, the Board finds
that it is expedient to proceed to first notice in docket R99-18. In addition, R99-18 changes
only three subsections of the Board’s rules. For these reasons, the Board is confident that
holding the hearings for docket R99-18 during the first notice period is appropriate.
DISCUSSION
In the proposed language for docket R99-18 the Agency stated that certain oil facilities
may pose a risk to human health and the environment. PC 2, fin. com. at 4; mot. sever at 1.
Facilities that may pose a risk would be safer if they were subject to permitting requirements.
PC 2, fin. com. at 4. However, the Agency suggests that those who handle small quantities of
used oil be exempt from permitting requirements in order to reduce the regulatory burden and
encourage recycling. PC 2, fin. com. at 4-5. The Agency recommends that the Board amend
Part 807 of the Board’s rules to require those facilities that handle large quantities of used oil
to secure permits, but exempt “do-it-yourselfers” and small quantity generators from
permitting requirements. Mot. sever at 2.
Minor Revisions to Agency Proposal
The Board has renumbered two of the sections in the Agency’s proposal. The
amendments to Section 809.311 in the Agency’s proposal have been renumbered as
amendments to Section 809.211. Likewise, the amendments to Section 809.402 in the
Agency’s proposal have been renumbered to 809.302. The changes are necessary in order to
conform to the Board’s renumbering of the Agency’s proposal in docket R98-29. See In the
Matter of: Nonhazardous Special Waste Hauling and the Uniform Program 35 Ill. Adm. Code
809 (Pursuant to P.A. 90-219) (December 17, 1998), R98-29, slip op. at 4.
In this first-notice opinion and order, the Board has included the Agency’s revised
language for the Part 809 table of contents and the renumbered Sections 809.211 and 809.302
from the first-notice opinion and order for docket R98-29. See In the Matter of:
Nonhazardous Special Waste Hauling and the Uniform Program 35 Ill. Adm. Code 809
(Pursuant to P.A. 90-219) (December 17, 1998), R98-29, slip op. at 27-29. The Board has
included the language in order to maintain consistency between the first-notice opinions and
orders for dockets R98-29 and R99-18.
4
Used Oil Transportation
The Agency’s proposal adds language to Sections 809.211 and 809.302 of the Board’s
procedural rules. Mot. sever at 4. The Agency proposes that transporters who haul only used
oil but no other hazardous or nonhazardous special waste be exempt from Part 809 permitting
requirements if those transporters deliver used oil to a nonpermitted (under the Agency’s
proposed changes to Part 807) used oil aggregation point or a used oil collection center.
Id.
By definition, neither used oil aggregation points nor used oil collection centers may accept
shipments of used oil in quantities greater than 55 gallons per shipment. 35 Ill. Adm. Code
739.100.
Used Oil Management
In order to address the concerns regarding the potential hazards at certain used oil
facilities, the Agency proposes that used oil transfer facilities, used oil processors, used oil
fuel marketers, used oil burners, and petroleum refining facilities be subject to the Part 807
permitting requirements. Mot. sever at 4. In order to better explain the scope of the Agency’s
proposal, it is more convenient to explain those persons and facilities not subject to Part 807
permitting requirements: They include the aforementioned small-volume used oil aggregation
points and used oil collection centers in addition to used oil generators and household “do-it-
yourselfer” used oil generators and “do-it-yourselfer” used oil collection centers. A used oil
generator is anyone whose acts first produce used oil, while household “do-it-yourselfer” used
oil generators are those who generate used oil at home - the most common example is people
who maintain their own automobiles. 35 Ill. Adm. Code 739.100. All other used oil
management facilities are subject to Part 807 permitting requirements.
Hearing on DCCA’s Decision to not Conduct an ECiS
On December 22, 1998, the Board requested that the Department of Commerce and
Community Affairs (DCCA) conduct an economic impact study (ECiS) for docket R99-18
pursuant to Pub. Act 90-489, effective January 1, 1998. The Board asked DCCA to respond
to the request within ten days, but DCCA did not respond. As a result the Board relies on a
July 26, 1998 DCCA letter notifying the Board that it lacked the technical and financial
resources to conduct an ECiS for any rule pending before the Board for the remainder of fiscal
year 1999. During one of the hearings for docket R99-18, the Board will set aside time to
entertain any comments regarding DCCA’s decision to not conduct an ECiS for docket R99-
18.
CONCLUSION
The Agency has carefully considered the Board’s questions and comments posed at the
July 31, 1998 hearing for docket R98-29. The record justifies adopting the Agency’s proposal
in docket R99-18, with minor technical revisions, for first notice.
ORDER
5
The Board directs this matter to hearing. The Board also proposes for first notice the
following amendments to 35 Ill. Adm. Code 809 and 807. The Clerk of the Board is directed
to file these proposed amendments with the Secretary of State.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 807
SOLID WASTE
SUBPART A: GENERAL PROVISIONS
Section
807.101
Authority, Policy and Purposes
807.102
Repeals
807.103
Severability
807.104
Definitions
807.105
Relation to Other Rules
SUBPART B: SOLID WASTE PERMITS
Section
807.201
Development Permits
807.202
Operating Permits
807.203
Experimental Permits
807.204
Former Authorization
807.205
Applications for Permit
807.206
Permit Conditions
807.207
Standards for Issuance
807.208
Permit No Defense
807.209
Permit Revision
807.210
Supplemental Permits
807.211
Transfer of Permits
807.212
Permit Revocation
807.213
Design, Operation and Maintenance Criteria
807.214
Revised Cost Estimates
SUBPART C: SANITARY LANDFILLS
Section
807.301
Prohibition
807.302
Compliance with Permit
807.303
Methods of Operation
6
807.304
Equipment, Personnel and Supervision
807.305
Cover
807.306
Litter
807.307
Salvaging
807.308
Scavenging
807.309
Animal Feeding
807.310
Special Wastes
807.311
Open Burning
807.312
Air Pollution
807.313
Water Pollution
807.314
Standard Requirements
807.315
Protection of Waters of the State
807.316
Application
807.317
Operating Records
807.318
Completion or Closure Requirements
SUBPART E: CLOSURE AND POST-CLOSURE CARE
Section
807.501
Purpose, Scope and Applicability
807.502
Closure Performance Standard
807.503
Closure Plan
807.504
Amendment of Closure Plan
807.505
Notice of Closure and Final Amendment to Plan
807.506
Initiation of Closure
807.507
Partial Closure
807.508
Certification of Closure
807.509
Use of Waste Following Closure
807.523
Post-closure Care Plan
807.524
Implementation and Completion of Post-closure Care Plan
SUBPART F: FINANCIAL ASSURANCE
FOR CLOSURE AND POST-CLOSURE CARE
Section
807.600
Purpose, Scope and Applicability
807.601
Requirement to Obtain Financial Assurance
807.602
Time for Submission of Financial Assurance
807.603
Upgrading Financial Assurance
807.604
Release of Financial Institution
807.605
Application of Proceeds and Appeal
807.606
Release of the Operator
807.620
Current Cost Estimate
807.621
Cost Estimate for Closure
807.622
Cost Estimate for Post-closure Care
7
807.623
Biennial Revision of Cost Estimate
807.624
Interim Formula for Cost Estimate
807.640
Mechanisms for Financial Assurance
807.641
Use of Multiple Financial Mechanisms
807.642
Use of Financial Mechanism for Multiple Sites
807.643
Trust Fund for Unrelated Sites
807.644
RCRA Financial Assurance
807.661
Trust Fund
807.662
Surety Bond Guaranteeing Payment
807.663
Surety Bond Guaranteeing Performance
807.664
Letter of Credit
807.665
Closure Insurance
807.666
Self-insurance for Non-commercial Sites
807.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Post-closure Care
Illustration G
Operator's Bond Without Surety
Illustration H
Operator's Bond With Parent Surety
Illustration I
Letter from Chief Financial Officer
807.Appendix B Old Rule Numbers Referenced
AUTHORITY: Implementing Sections 5, 21.1 and 22 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/5, 21.1, 22, and 27].
SOURCE: Adopted as an emergency rule and filed with the Secretary of State July 27, 1973;
amended at 2 Ill. Reg. 16, p. 3, effective April 10, 1978; codified at 7 Ill. Reg. 13636; recodified
from Subchapter h to Subchapter i at 8 Ill. Reg. 13198; emergency amendment in R84-22A at 9
Ill. Reg. 741, effective January 3, 1985, for a maximum of 150 days; amended in R84-22B at 9 Ill.
Reg. 6722, effective April 29, 1985; amended in R84-22C at 9 Ill. Reg. 18942, effective
November 25, 1985; amended in R84-45 at 12 Ill. Reg. 15566, effective September 14, 1988;
amended in R88-7 at 14 Ill. Reg. 15832, effective September 18, 1990; emergency amendment in
R93-25 at 17 Ill. Reg. 17268, effective September 24, 1993, for a maximum of 150 days;
amended in R90-26 at 18 Ill. Reg. 12451, effective August 1, 1994; amended in R96-1 at 20 Ill.
Reg. 12549, effective August 15, 1996; amended in R99-18 at 23 Ill. Reg. _________, effective
____________.
NOTE: Capitalization denotes statutory language.
8
SUBPART A: GENERAL PROVISIONS
Section 807.105
Relation to Other Rules
a)
Persons and facilities regulated pursuant to 35 Ill. Adm. Code 700 through 749 are
not subject to the requirements of this Part or of 35 Ill. Adm. Code 811 through
817, except that used oil transfer facilities, used oil processors, used oil fuel
marketers, used oil burners, and petroleum refining facilities, as defined in 35 Ill.
Adm. Code 739.100, will be required to obtain a permit under this Part. However,
if If such a facility also contains one or more units used solely for the disposal of
solid wastes, as defined in 35 Ill. Adm. Code 810.103, such units are also subject
to requirements of this Part and 35 Ill. Adm. Code 811 through 817.
b)
Persons and facilities subject to 35 Ill. Adm. Code 807, 809 or 811 through 817
may be subject to other applicable Parts of 35 Ill. Adm. Code: Chapter I based on
the language of those other Parts. Specific examples of such applicability are
provided as explained at 35 Ill. Adm. Code 700.102.
c)
The requirements of 35 Ill. Adm. Code 810 through 817 are intended to supersede
the requirements of this Part. Persons and facilities regulated pursuant to 35 Ill.
Adm. Code 810 through 817 are not subject to the requirements of this Part. This
Part does not apply to new units as defined in 35 Ill. Adm. Code 810.103.
(Source: Amended at 23 Ill. Reg. , effective )
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 809
NONHAZARDOUS SPECIAL WASTE HAULING AND THE UNIFORM PROGRAM
SUBPART A: GENERAL PROVISIONS
Section
809.101
Authority, Policy and Purposes
809.102
Severability
809.103
Definitions
809.104
Incorporations by Reference
809.105
Public Records
9
SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
Section
809.201
Nonhazardous Special Waste Hauling Permits-General
809.202
Applications for Nonhazardous Special Waste Hauling Permit-Contents
809.203
Applications for Nonhazardous Special Waste Hauling Permit-Signatures
and Authorization
809.204
Applications for Nonhazardous Special Waste Hauling Permit-Filing and
Final Action by the Agency
809.205
Nonhazardous Special Waste Hauling Permit Conditions
809.206
Nonhazardous Special Waste Hauling Permit Revision
809.207
Transfer of Nonhazardous Special Waste Hauling Permits
809.208
Nonhazardous Special Waste Hauling Permit Revocation
809.209
Permit Defense
809.210
General Exemption from Nonhazardous Special Waste Hauling Permit
Requirements
809.211
Exemptions for Nonhazardous Special Waste Transporters Haulers
809.212
Duration of Nonhazardous Special Waste Hauling Permits
SUBPART C: DELIVERY AND ACCEPTANCE
Section
809.301
Requirements for Delivery of Nonhazardous Special or Hazardous Waste
to Transporters Haulers
809.302
Requirements for Acceptance of Nonhazardous Special or Hazardous
Waste from Transporters Haulers
SUBPART D: PERMIT AVAILABILITY VEHICLE NUMBERS AND SYMBOLS
Section
809.401
Vehicle Numbers
809.402
Nonhazardous Special Waste Symbols
SUBPART E: MANIFESTS, RECORDS AND REPORTING
Section
809.501
Manifests, Records, Access to Records, and Reporting Requirements
and Forms
10
SUBPART F: DURATION OF PERMITS AND TANK NUMBERS (Repealed)
Section
809.601
Duration of Special Waste Hauler Permits and Tank Numbers (Repealed)
SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS
Section
809.701
General Provision
SUBPART H: EFFECTIVE DATES
Section
809.801
Compliance Date
809.802
Exceptions (Repealed)
SUBPART I: HAZARDOUS (INFECTIOUS) HOSPITAL WASTE
Section
809.901
Definitions (Repealed)
809.902
Disposal Methods (Repealed)
809.903
Rendering Innocuous by Sterilization (Repealed)
809.904
Rendering Innocuous by Incineration (Repealed)
809.905
Recordkeeping Requirements for Generators (Repealed)
809.906
Defense to Enforcement Action (Repealed)
SUBPART J: UNIFORM PROGRAM
Section
809.910
Uniform State Hazardous Waste Transportation Registration and Permit
Program
809.911
Application for a Uniform Permit
809.912
Application for Uniform Registration
809.913
Payment of Processing and Audit Fees
809.914
Payment of Apportioned Mile Fees
809.915
Submittal of Fees
809.916
Previously Permitted Transporters
809.917
Uniform Registration and Uniform Permit Conditions
809.918
Uniform Registration and Uniform Permit Revision
809.919
Transfer of Uniform Registration and Uniform Permits
11
809.920
Audits and Uniform Registration and Uniform Permit Revocation
809.921
Permit No Defense
Appendix A
Old Rule Numbers Referenced
AUTHORITY: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and and authorized
by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 5/10, 5/13, 5/21, 5/22,
5/22.01, 5/22.2 and 5/27](Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1005, 1010, 1013, 1022,
and 1027); as amended by P.A. 87-752, effective January 1, 1992; and as amended by P.A.
90-219.
SOURCE: Adopted in R76-10, 33 PCB 131, at 3 Ill. Reg. 13, p. 155, effective March 31,
1979; emergency amendment at in R76-10, 39 PCB 175, at 4 Ill. Reg. 34, p. 214, effective
August 7, 1980, for a maximum of 150 days; emergency amendment in R80-19, 40 PCB 159,
at 5 Ill. Reg. 270, effective January 1, 1981, for a maximum of 150 days; amended in
R77-12(B), 41 PCB 369, at 5 Ill. Reg. 6384, effective May 28, 1981; amended in R80-19, 41
PCB 459, at 5 Ill. Reg. 6378, effective May 31, 1981; codified in R81-9, 53 PCB 269, at 7
Ill. Reg. 13640; effective September 30, 1983; recodified in R84-5, 58 PCB 267, from
Subchapter h to Subchapter i at 8 Ill. Reg. 13198; amended in R89-13A at 14 Ill. Reg. 14076,
effective August 15, 1990; amended in R91-18 at 16 Ill. Reg. 130, effective January 1, 1992;
amended in R95-11 at 20 Ill. Reg. 5635, effective March 27, 1996; amended in R98-29 at 23
Ill. Reg. , effective ; amended in R99-18 at 23 Ill. Reg. _______,
effective _________________.
Section 809.211
Exemptions for Nonhazardous Special Waste Transporters Haulers
The following persons need not obtain a nonhazardous special waste hauling permit nor or
carry a manifest if they haul only the waste indicated:
a)
Any person licensed in accordance with the Private Sewage Disposal
Licensing Act [225 ILCS 225](Ill. Rev. Stat., 1989 ch. 111 1/2 par.
116.301 et seq.) and who hauls only septic tank pumpings.
b)
Any person who hauls only livestock waste intended for land application
pursuant to 35 Ill. Adm. Code 560.
c)
Transporters Haulers of municipal water or wastewater treatment plant
sludge that which is to be applied to land and that which is regulated
under a sludge management scheme approved by the Agency pursuant to
35 Ill. Adm. Code 309.208.
d)
Any person licensed in accordance with "An Act in relation to the
Disposal of Dead Animals" [225 ILCS 610] (Ill. Rev. Stat. 1989, ch. 8,
12
par. 149.1 e seq.) and who hauls only grease, meat packing scraps, dead
animals and parts of animals for delivery to a renderer.
e)
Any person operating under rules and regulations adopted pursuant to
"An Act in relation to Oil, Gas, Coal and Other Surface and
Underground Resources" [225 ILCS 725] (Ill. Rev. Stat. 1989, ch. 96
1/2, par. 5401 et seq.) and who hauls only oil and gas extraction wastes
as defined in that Act.
f)
Any person who hauls only radioactive wastes as defined by the
Radiation Protection Act [420 ILCS 40](Ill. Rev. Stat. 1989, ch. 111
1/2, par. 211 et seq.).
g)
Any person holding a permit or certificate issued by the Illinois
Commerce Commission or the Interstate Commerce Commission and
who handles only shipments pursuant to a bill of lading in accordance
with such Commission’s regulations
gh)
Any person who hauls only coal combustion fly ash.
hi)
Any person who hauls only declassified waste or refuse.
ij)
Any person who hauls only special waste exempted by 35 Ill. Adm.
Code 808.123 (small quantity generators of 220 pounds or less per
month of special waste).
j)
Any person who hauls potentially infectious medical waste that is
regulated under 35 Ill. Adm. Code Subtitle M.
k)
Any person who hauls used tires regulated under 35 Ill. Adm. Code 848.
l)
Any person who transports only used oil to a used oil aggregation point
or collection facility, as defined in 35 Ill Adm. Code 739.100, exempt
from permit requirements pursuant to 35 Ill. Adm. Code 807.105(a).
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.302
Requirements for Acceptance of Nonhazardous Special or Hazardous
Waste from Transporters Haulers
a)
No person may shall accept any special waste for disposal, storage or treatment
within Illinois from a special waste transporter hauler unless the special waste
transporter hauler has a valid nonhazardous special waste hauling permit or
13
Uniform Program Registration and Permit issued by the Agency under Subpart
B or J of this Part and concurrently presents to the receiver of the special waste,
or the receiver's his agent, a completed, signed manifest as required by Subpart
E of this Part, which manifest designates the receiver's facility as the destination
for the special waste.
b)
No person may shall deliver special waste in Illinois for disposal, storage or
treatment unless the person who accepts the special waste has a current, valid
operating permit issued by the Agency and the necessary supplemental permits
required by 35 Ill. Adm. Code 807, as well as all other applicable permits as
required by the Act and Board regulations. However, shipments of only used
oil may be delivered to any person who is operating without a permit (under the
exemption in 35 Ill. Adm. Code 807) a used oil aggregation point or a used oil
collection center, as defined by 35 Ill. Adm. Code 739.100.
(Source: Amended at 23 Ill. Reg. , effective )
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 21st day of January 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
