ILLINOIS POLLUTION CONTROL BOARD
August
 9,
 1990
IN
 THE M~ATTEROF:
R89—13(A)
IDENR SPECIAL WASTE
 )
 (Rulemaking)
CATEGORIZATION
 )
ADOPTED RULE.
 FINAL ORDER.
ORDER OF THE BOARD
 (by 3. Anderson):
The Board hereby adopts the following rules.
 A discussion
of the adopted rules appears
 in a separate Opinion of this same
date.
 The text of the adopted rules will appear in the bound
opinion volumes.
The Board hereby directs the Clerk of the Board to cause a
copy of the adopted rules, together with the necessary supporting
documents,
 to be published
 in the Illinois Register and
 filed
with the Sectretary of State.
IT IS SO ORDERED.
3.
 Dumelle and M. Nardulli dissented.
I,
 Dorothy N. Gunn,
 Clerk of the Illinois Pollution Control
Board,~~ohereby cert~y that the above Order
 was
 adopted on the
/—
 day of
____________,
 1990,
 by
 a vote of
________
7~.
 ~
Dorothy N.
 GI$ n,
 Clerk
Illinois Pollution Control Board
11~-
4:~3
2
TITLE 35:
 ENVIRONNENTAL PROTECTION
SUBTITLE
 G:
 WASTE DISPOSAL
CHAPTER
 I:
 POLLUTION CONTROL BOARD
SUBCHAPTER
 i:
 SOLID WASTE
 AND
SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SUBPART
 A:
 GENERAL PROVISIONS
Incorporations by Reference
Generator Obligations
Manifests
Small Quantity Generators
SUBPART
 B:
 CLASSES OF SPECIAL WASTE
Special Waste Classes
Default Classification of Special Wastes
Special Handling Waste
Wastes Categorized by Source
Wastes Categorized by Characteristics
Classification
 of Wastes
SUBPART
 C:
 CRITERIA AND DATA REQUIREMENTS
Introduction
Degree of Hazard Determination by Computer
Data Base and Bioassay Procedures
SUBPART
 D:
 REQUEST FOR WASTE CLASSIFICATION
Section
808.400
808.401
808.402
808. 410
808.411
808.412
808.413
808.420
808.430
808.431
Introduction
Application Forms
Application for Waste Classification
Physical and Chemical Analysis
Significant Trace Constituents
Common Names
Wastestream Description
Quality Assurance Plan
Degree of Hazard Data
Toxicological Testing
SUBPART E:
 REVIEW OF CLASSIFICATION REQUESTS
Order of Requesting Information
Completeness
SUBPART F:
 WASTESTREAM CLASSIFICATION DETERMINATIONS
Purpose, Scope and Applicability
Transitional Rule
Definitions
Section
808.100
808.101
808.110
808.111
808.121
808. 122
808.123
Section
808.240
808.241
808.242
808.243
808.244
808.245
Section
808.300
808.301
808.302
Section
808.501
808.502
114~434
3
Section
808.520
 Time for Agency Action
808.521
 Conditions
 of Wastestream Classification
808.522
 Final Agency Action
SUBPART
 G:
 MODIFICATION, APPEAL
AND
ENFORCEMENT
Section
808.541
 Request for Modification
808.542
 Appeal
808.543
 Effect of Classification
808.544
 Enforcement
808.545
 Modification
SUBPART H:
 CATEGORICAL
AND
CHARACTERISTIC WASTES
Section
808. 600
 Introduction
808.Appendix A Assignment of Special Waste to Classes
808.Appendix B Toxicity Hazard
AUTHORITY:
 Implementing Sections 21,
 22, 22.01 and 22.9,
 and
authorized by Section 27
 of the Environmental Protection Act
(Ill.
 Rev.
 Stat.
 1989,
 ch. l1l~,pars.
 1021,
 1022,
 1022.01,
1022.9 and 1027).
SOURCE:
 Adopted in R89-l3A at 14
 Ill. Beg.
 ,
 effective
SUBPART
 A:
 GENERAL PROVISIONS
Section 808.100
 Purpose, Scope and Applicability
a)
 This Part provides a means by which persons may obtain
a classification or declassification of special
 (non—
Resources Conservation and Recovery Act (RCRA)
 (42
U.S.C.
 6901 et seq.) waste as defined in Section
808.110, based on the degree of hazard of the waste or
other characteristics,
 to assure that the waste
receives appropriate handling.
 This Part does not
apply to materials which are not special wastes as
defined
by
the Act.
b)
 This Part allows any person generating such special
waste to request waste classification and prescribc~s
procedures by which applicants may supply detailed
information
 in order to establish the appropriate waste
classification.
 For the purposes of this Part,
 the
term “c1assification~ includes declassification.
 Waste
which has been declassified shall not be deemed special
waste until further action to the contrary by the
H
 35
4
Agency pursuant to this Part.
c)
 Special wastes that are declassified pursuant to this
Part are not subject to any of the special waste
hauling, disposal and reporting requirements
 of
 35
 Ill.
Adm.
 Code 809,
 but are still subject to other Parts of
35 Ill. Adm. Code:
 Subtitle G which govern the
transport, treatment,
 storage and hauling of non—
special wastes.
Section 808.101
 Transitional Rule
Wastestreams which have been declassified by the Agency pursuant
to Section 22.9(c)
 of the Act prior to the effective date of
these rules shall remain declassified for a period of not more
than two years following the effective date of these rules,
unless extended by the Board in a variance proceeding.
 In order
to accommodate its workload,
 the Agency may,
 by giving not less
than 180 days’ prior written notice,
 require generators to make
reapplication by
 a date certain within this two year time period.
The Agency may extend this reapplication deadline for a period of
not more than an additional
 180 days,
 but
 in no event may the
Agency extend the deadline to a date more than two years
fOllowing the effective date of this Part.
 Upon application
before the deadline,
 such wastestreams shall remain declassified
 during the pendency of any Agency determination or any appeal to
the Board of such determination made pursuant to Section 22.9(e)
of the Act.
 As provided in Section 808.241, all special
 (non-
RCRA) wastes shall be deemed Class A special wastes unless a
contrary determination has been made pursuant to this Part.
Section 808.110
 Definitions
“Act” means the Environmental Protection Act (Ill.
 Rev.
Stat.
 1989,
 ch. lll~,pars.
 1001 et seq.).
“Agency” means the Illinois Environmental Protection
Agency.
“Board” means the Illinois Pollution Control Board.
“Carcinogen” means a chemical,
 or complex mixture of
closely related chemicals, which has been determined
 in
accordance with USEPA Guidelines for Carcinogenic Risk
Assessment,
 incorporated by reference
 at Section
808.111, to have either sufficient or limited human
evidence or sufficient animal evidence supporting
 a
causal association between exposure to the chemical and
an increase
 in incidence of benign or malignant
neoplasms or substantial decrease
 in the latency period
between exposure and onset of neoplasms.
114—436
5
“Declassified waste” means a waste which has been
determined pursuant to Section 808.245
 to not be a
special waste.
“Degree of hazard”
 is determined pursuant to Section
 808.245.
“Hazardous waste” or “RCRA hazardous waste”
 is as
defined in 35 Ill.
 Adm.
 Code 721.
“LC~0” means
 that
 concentration
 of
 a
 substance
administered to test organisms that
 is lethal to
 50
percent of a population of exposed organisms in a given
time period.
 “Inhalation. rat” means that the substance
is administered by inhalation and the test organisms
are laboratory rats.
 “Aquatic toxicity” means that the
substance
 is administered in water to specified free—
swimming test organisms.
“LD501’ means that dose of a substance administered to
test organisms that is lethal to.50 percent of a
population of exposed organisms
 in a given time period.
“LD50
 —
 oral
 rat”
 or
 “oral
 rat”
 means
 that
 dose
 of
 ~a
substance,
 administered orally, that
 is lethal to 50
percent
 of
 a
 population
 of
 exposed rats
 in
 a
 given
 time
period.
“Mutagen”
 means
 a
 chemical,
 or complex mixture of
closely
 related
 chemicals
 or
 ionizing
 radiation
 which
has
 been
 determined,
 in
 accordance
 with
 USEPA
Guidelines
 for
 Mutagenic Risk Assessment,
incorporated by reference at Section 808.111, to have
sufficient evidence supporting a causal association
between exposure to the chemical and point mutations
(i.e., submicroscopic changes
 in the base sequence of
DNA)
 or structural or numerical chromosome aberrations.
Structural aberrations include deficiencies,
duplications,
 insertions, inversions,
 and
translocations, whereas numerical aberrations are gains
or losses of whole chromosomes
 (e.g.
,
 trisomny,
monosomny)
 or sets of chromosomes
 (haploidy,
polyploidy).
“Special handling waste”
 is
 a declassified waste which,
due to its form or mode of containment
 in transport or
storage, presents a danger to a person handling the
waste such that the person needs information about
 the
waste to safely transport or store the waste.
 “Special
handling waste” includes any such waste which would
pose
 a
 danger
 if
 handled
 in
 a
 manner similar to
household waste.
 “Dangers”
 include, but
 are
 not
1
14
---437
6
limited to, the following:
 fire, explosion,
 and
emission
 of
 toxic
 or
 carcinogenic
 gas
 or
 dust.
“Special handling waste” also includes any special
waste
 which,
 because
 of
 appearance
 or
 packaging,
resembles waste which would be a special handling
waste.
 Such waste includes,
 but is not limited to, any
special waste contained in a sealed drum.
 Irrespective
of its degree of hazard ranking under Section 808.245,
a special handling waste is a special waste.
BOARD NOTE:
 Section 808.245(d)
 provides that special
handling waste which would otherwise be declassified is
at least
 a Type B special waste.
“Special
 (non-RCRA)
 waste”
 is any special waste that
 is
not a hazardous waste,
 as defined
 in this Section.
“SPECIAL WASTE” MEANS ANY HAZARDOUS WASTE, AND
ANY
INDUSTRIAL PROCESS WASTE OR POLLUTION CONTROL WASTE
WHICH HAS NOT
BEEN DECLASSIFIED pursuant to Section
808.245.
 (Section 3.45 of the Act.)
BOARD NOTE:
 The definition
 of “hazardous waste” at
Section 3.15 of the Act differs from the definition of
the same term as used in this Part.
 The Board intends
that the Section 3.15 definition apply to this Part
 only for the purposes of this definition of special
waste.
 The Board intends that the definition given in
this Section apply to all other appearances of the term
“hazardous waste” throughout this Part.
means that dose of a substance administered to
test organisms that produces toxic effects
 in 50
percent of a population of exposed organisms
 in a given
time period.
 “TD50
 —
 oral rat” means that the test
organisms are laboratory rats.
Section 808.111
 Incorporations by Reference
a)
 The Board incorporates the following materials by
reference:
ANSI.
 Available from the American National
Standards Institute,
 1430 Broadway, New York,
 New
York
 10018,
 (212)
 354—3300:
ANSI/ASQC
 Cl—1985,
 “Specification
 of
 General
Requirements
 for a Quality Program”,
 approved
November,
 1985.
ANSI/ASQC S1—1987, “An Attribute Skip-Lot
Sampling Program”,
 approved March
 6,
 1987.
114--/i38
7
ANSI/ASQC Q94-l987,
 “Quality Management and
Quality System Elements
 -—
 Guidelines”,
Approved June
 15,
 1987.
ANSI/ASQC Zl.4-l98l,
 “Sampling Procedures and
 Tables
 for
 Inspection
 by
 Attributes”,
Approved
 1981.
ANSI/ASQC
 Zl.9—1980,
 “Sampling
 Procedures
 and
Tables
 for
 Inspection
 by
 Variables
 for
Percent
 Nonconforming”,
 Approved
 March
 6,
1980.
ASTM.
 Available
 from
 American
 Society
 for
 Testing
and
 Materials,
 1916
 Race
 Street,
 Philadelphia,
 PA
19103,
 (215)
 299—5400:
ASTM Standard D 3828-87 “Standard Test
Methods for Flash Point of Liquids by
Setaflash Closed Tester”, approved December
14,
 1987.
ASTN Standard D—93—79 or D—93-80 “ASTM
Standard Test Methods for Flash Point Pensky—
Martens Closed Tester,” approved August
 19,
1980.
ASTM Standard E 896-87 “Standard Test Method
for Conducting Aqueous Direct Photolysis
Tests”,
 approved September 25,
 1987.
ASTM Standard E 1147-87 “Standard Test Method
for Partition Coefficient
 (n-Octanol/Water)
Estimation by Liquid Chromatography”,
approved February 27,
 1987.
ASTM Standard E 1148-87 “Standard Test Method
for Measurements of Aqueous Solubility”,
approved April
 3,
 1987.
NTIS.
 Available from the National Technical
Information Service,
 5285 Port Royal Road,
Springfield, VA
 22161,
 (703)
 487—4600:
“Methods for Chemical Analysis
 of Water and
Wastes”, Third Edition, March,
 1983.
(Document number PB 84—128677).
“Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication
number SW—846 United States Environmental
114—43)
8
Protection Agency (Third Edition, November,
1986)
Federal Register.
 Available from the
Superintendent
 of Documents, United States
Printing Office,
 Washington,
 DC
 20402:
USEPA Guidelines
 for Carcinogenic Risk
Assessment,
 51
 Fed. Reg.
 33992—34003
(September 21,
 1986).
b)
 This Section incorporates no future amendments or
editions.
Section 808.121
 Generator Obligations
a)
 Each person who generates waste shall determine whether
the waste
 is a special waste.
BOARD NOTE:
 35 Ill.
 Adma.
 Code 722 requires the person
to also determine if the waste
 is a hazardous waste.
b)
 No person shall deliver special waste to a hauler
unless the waste is accompanied by
 a manifest as
specified in Section 808.122,
 and the hauler has a
special waste hauling permit issued pursuant to 35 Ill.
Adm.
 Code 809.
 The following are exceptions to this
prohibition:
1)
 The person
 is subject to the small quantity
generator
 exemption
 of
 Section
 808.123.
2)
 The hauler and waste are subject to a hauler
exemption under 35 Ill.
 Adm.
 Code 809.211.
3)
 The Agency has determined pursuant to this Part
that the waste is not a special waste.
4)
 The waste consists of municipal water or
wastewater treatment plant sludge regulated under
a sludge management plan approved by the Agency
pursuant to
 35
 Ill. Adm.
 Code 309.208.
c)
 NO PERSON SHALL CAUSE, THREATEN OR ALLOW
THE TREATMENT,
STORAGE OR DISPOSAL OF SPECIAL WASTE IN ILLINOIS
EXCEPT:
1)
 AT A FACILITY PERMITTED OR OTHERWISE AUTHORIZED TO
MANAGE THE SPECIAL WASTE PURSUANT TO
 35 ILL.
ADM.
CODE 703 OR 807
 (Sections 21(d)
 and
 (e)
 of the
Act);
 or
114—4411
9
2)
 AT A FACILITY OWNED AND OPERATED BY SUCH PERSON
AND
 SUBJECT
 TO
 THE
 ON-SITE
 DISPOSAL
 EXEMPTION
 OF
SECTION 21(d)
 OF THE ACT (Section 21(d)
 of the
Act).
d)
 No person shall deliver special waste to a hauler or a
permitted facility without a supplemental wastestream
permit.
e)
 No person shall deliver to a hauler or permitted
facility waste which has been classified or
declassified
 by
 the
 Agency
 pursuant
 to
 this
 Part
 unless
the waste conforms with the description and
characteristics
 in the wastestream classification
determination.
Section 808.122
 Manifests
Except as otherwise provided by Section 808.121(b),
 the generator
of any special waste shall prepare a manifest,
 as prescribed by
35
 Ill. Adm.
 Code 809.501, prior to shipment.
Section 808.123
 Small Quantity Generators
Any person who generates a total quantity of special waste of 100
kilograms
 (220 pounds)
 or less in a calendar month
 is not
required to initiate a manifest when delivering such special
waste to a hauler,
 provided that such waste shall not be
accumulated for more than 180 days prior to shipment.
 In any
action to enforce the requirements of this Part in which the
generator asserts the applicability of this Section, the burden
of proof shall be on the generator to establish compliance with
 the monthly quantity limitation and the time limit on
accumulation.
 The generator shall record and maintain the
quantities and dates of waste generatation and accumulatation to
establish compliance with such quantity and time limitations.
SUBPART
 B:
 CLASSES OF SPECIAL WASTE
Section 808.240
 Special Waste Classes
a)
 This Subpart contains rules for the classification and
declassifiction of special
 (non—RCRA)
 wastes.
 There
are two classes
 of such special wastes,
 “Class A” and
“Class B.”
 Wastes which are declassified pursuant to
Section 808.245
 of this Part shall no longer be
considered special wastes.
b)
 “Class A” special wastes are those special
 (non—RCRA)
wastes which the Agency has not determined, pursuant to
this Part,
 to be
 a Class B special waste.
 “Class B”
~1
!~
 —44 1
10
special
 wastes
 are
 those
 special
 (non—RCRA)
 wastes
which the Agency determines, pursuant to Section
808.245, pose a low or moderate degree of hazard to the
environment or the public health in the course of their
transportation,
 storage, treatment or disposal.
c)
 This
 Subpart
 should
 be
 read
 in
 conjunction
 with
 the
flowchart
 in
 Appendix
 A.
 The
 flowchart
 is
 employed
 by
answering
 the
 queries
 in
 order,
 beginning
 from
 the
 top,
and
 following
 the
 lines corresponding to the
appropriate
 reponses
 down
 the
 chart
 until
 the
 waste
 is
classified.
 The
 Sections
 of
 this
 Subpart
 are
 so
arranged
 on
 that
 flowchart
 that
 the
 first
 Section
 on
the
 chart
 which
 assigns
 a waste classification to the
waste
 controls.
d)
 Subpart
 D
 contains
 procedures by which
 a person may
request
 that
 the
 Agency
 assign
 a
 special
 wastestream
 to
a class.
e)
 Subpart H contains waste classifications based on
source or characteristics
 to which specific
wastestreams have been assigned.
Section 808.241
 Default Classification
 of Special Wastes
Any special
 (non-RCRA)
 waste
 is a Class A special waste unless
and until the Agency determines otherwise pursuant to this Part.
Section 808.242
 Special Handling Waste
The Agency may determine that
 a waste which is declassifiable
pursuant to Section 808.245(d)
 is a special handling waste.
 Any
such waste
 shall be so identified by the Agency, together with
appropriate conditions on its form and mode of containment in
transport or storage.
 A declassifiable waste which
 is determined
to be a special handling waste is
 a Class B special waste.
BOARD NOTE:
 This rule sets the special handling flag.
 A special
handling waste will require manifesting,
 regardless of the toxic
score under Section 808.245,
 to protect the waste hauler, the
treatment or disposal operator and their employees.
Section 808.243
 Wastes Categorized by Source
a)
 Subpart H identifies certain categories of wastes,
based on the type of source or generator,
 and assigns
them to classes.
b)
 A waste which meets the criteria for inclusion within a
category based on the type of source or generator is
 a
special waste of the class specified for that category.
114—-!,42
11
Section
 808.244
 Wastes
 Categorized
 by
 Characteristics
a)
 Subpart
 H
 identifies
 certain
 categories of waste, based
on
 their
 characteristics,
 and
 assigns
 them
 to
 classes.
b)
 A
 waste
 which
 meets
 the
 criteria
 f or
 inclusion
 within
 a
category
 based
 on
 its
 characteristics
 is
 a
 special
waste
 of
 the
 class
 specified
 for
 that
 category.
Section
 808.245
 Classification
 of
 Wastes
Special
 wastes
 which
 are
 subject
 to
 this
 Subpart shall be
classified
 or
 declassified
 based
 on
 toxic
 score
 as
 follows:
a)
 Compute
 the
 toxic
 score
 for
 the
 wastestream
 pursuant
 to
Appendix
 B
 or,
 where
 applicable,
 pursuant
 to
 Section
808.431, utilizing a data base which meets the
standards
 of Section 808.302.
 However,
 if
 use
 of
Appendix
 B
 or
 Section
 808.431
 is demonstrated to the
 Agency
 to
 be
 inapplicable
 or
 unavailable
 for
 the
wastestream, the generator may employ a bioassay
procedure approved by the Agency pursuant to Section
808.302, solely for the purpose of determining if the
waste
 in its undiluted form results in no behavioral
response from the exposed test organisms and,
 thus,
warrants a toxic score of
 0
 (zero)
.
 Where applicable,
the toxic score shall include the maximum volume of
waste to which such score applies.
b)
 Except as authorized under subsection
 (e),
 a
wastestream receiving
 a toxic score of
 3 shall be
deemed a Class A special waste.
c)
 Except as authorized under subsection
 (e),
 a
wastestream receiving a toxic score of
 1 or
 2 shall be
deemed a Class B special waste; however,
 such waste
shall be deemed a Class A special waste
 if the Agency
determines that it exhibits one or more of the
following characteristics:
1)
 The physical form of the waste renders
 it
difficult to manage in transport,
 storage or
handling prior to final disposition,
 or in
 a
landfill
 (Examples of wastes possessing such form
are wastes containing free liquids,
 and wastes
 in
finely divided form which are susceptible to
 airborne dispersal.);
2)
 The chemical properties of the waste,
 if exposed
to
 the
 atmosphere
 or
 to
 an
 aqueous
 environment,
render
 it
 difficult
 to
 manage
 in
 the
 event
 of
 a
1
 4-4
12
leak,
 spill
 or
 other
 loss
 of
 containment
 during
transport,
 storage or handling prior to final
disposition,
 or
 in a landfill
 (Examples of wastes
possessing such properties are wastes which
produce noxious or toxic fumes or gases
 in
sufficient concentration and quantity to pose a
threat to the public health or the environment,
wastes
 which
 are
 ignitable
 or
 flammable,
 wastes
which
 are
 readily
 soluble
 in
 water,
 and
 wastes
which are highly mobile
 in an aqueous environment,
including
 in groundwater.);
 or
3)
 The unstable nature of the waste renders it
difficult to contain during transport,
 storage or
handling prior to final disposition,
 or in a
landfill
 (Examples of wastes possessing such an
 unstable nature are wastes which are corrosive or
reactive, and any other wastes which, under
foreseeable conditions, may cause the premature
failure of waste containment devices and
structures.).
d)
 A wastestream receiving
 a toxic score of
 0 shall be
declassified, except that such a waste that
 is
determined by the Agency to be a special handling waste
shall be deemed a Class B special waste.
e)
 Notwithstanding
 a wastestream’s toxic score, the Agency
may
 condition
 a
 lowered
 classification
 or
 a
declassification
 of
 a
 special waste under this Section.
Such
 conditions
 imposed
 by
 the
 Agency
 shall be limited
to
 measures
 by
 which
 the
 generator shall, by particular
modes
 or
 forms
 of
 containment
 or
 treatment,
 assure
 that
the dangerous characteristics
 of the wastes are avoided
or reduced.
 (Examples of such measures are
neutralization
 of acidic wastes prior to shipment,
containment or encapsulation of finely divided wastes,
and treatment of ignitable wastes so as to preclude
ignition.)
 However, under no circumstances shall
 a
 wastestream with a toxic score of
 3 be declassified
based solely upon its mode of containment.
f)
 All conditions or limitations imposed by the Agency
that relate to the toxic score (including, where
applicable, maximum wastestream volume)
 and
classification or declassification of
 a wastestream
shall be specified
 in the Agency’s determination.
1 14--444
13
SUBPART
 C:
 CRITERIA AND DATA REQUIREMENTS
Section 808.300
 Introduction
This Subpart governs criteria and data requirements which shall
be used to predict the degree of hazard pursuant to Section
808.245.
Section 808.301
 Degree of Hazard Determination by Computer
a)
 The Agency may employ electronic data processing
equipment and programs to accomplish the purposes of
this Subpart.
 Any such program must assign a degree of
hazard according to the method specified
 in Section
808. 245.
b)
 The
 output
 generated
 by
 use
 of
 such
 equipment
 or
 such
 a
program must display all data used
 in each degree of
hazard prediction,
 together with the source of the
data.
Section 808.302
 Data Base and Bioassay Procedures
a)
 This Section governs the data base and bioassay
 procedures which may be employed to assess the
physical,
 chemical and toxicological properties
 of
waste constituents.
b)
 The
 data
 base,
 and
 any
 bioassay
 procedure
 utilized
pursuant to Section 808.245(a),
 shall consist of and
use data and procedures which the Agency determines are
a reliable basis for decision.
 Reliability of a source
of
 data
 and
 procedures
 shall
 be
 assessed
 by
 reference
to
 such
 factors
 as,
 but
 not
 limited
 to,
 scientific
validity; consistency with directly observable data,
including
 monitoring
 data;
 and
 the
 consistency
 of
results of repeated applications of the data,
procedures and formulae.
 Sources of data may include,
but are not limited to, the following:
1)
 Standard
 reference
 sources;
2)
 Material published or incorporated
by
reference by
a
 federal
 regulation
 or
 by
 a
 regulation
 adopted
 by
an agency of the State of Illinois;
3)
 The
 application
 under
 consideration
 and
 written
communications
 between
 the applicant
 and the
Agency or their representatives
with
respect to
the
 application;
4)
 Data
 and
 procedures
 previously
 used
 by
 the Agency
1 14--445
14
in
 other
 wastestream
 categorization
determinations;
 or
5)
 Agency inspection, permitting and enforcement
files relating to the generator or the
wastestream, excluding complaint forms (except
where the complainant will be available
voluntarily
 for deposition and examination under
oath at any hearing on appeal pursuant to Subpart
G).
c)
 The Agency shall make available for inspection and
copying by the public a list of the sources of data and
bioassay procedures which it has previously utilized
for purposes of this Section, excluding any data
described
 in subsection
 (b) (3)
 of this Section that is
protected from public disclosure pursuant to Sections
 7
or 7.1 of the Act or pursuant to 35 Ill.
 Adm.
 Code 101
or
 120.
SUBPART D:
 REQUEST FOR WASTE CLASSIFICATION
Section 808.400
 Introduction
a)
 This Subpart specifies the procedures which shall be
used to obtain a waste classification from the Agency.
b)
 A waste classification may be requested by generators
of special waste, as specified in Subpart
 A.
Section 808.401
 Application Forms
Persons applying for a waste classification shall use application
forms provided or approved by the Agency.
Section 808.402
 Application for Waste Classification
An application for waste classification shall,
 at
 a minimum,
include the following information:
a)
 Basic information:
1)
 The name,
 address and phone number of the original
generator;
2)
 The original generator’s United States
Environmental Protection Agency
 (USEPA)
identification number
 (35 Ill. Adm.
 Code 722.122)
and the Agency identification number,
 if the
original generator has obtained either;
3)
 The name and address
 of any treater of the waste;
114—446
15
4)
 Any treater’s USEPA identification number and
Agency site number,
 if the treater has obtained
either;
5)
 Whether
 any
 treater
 has
 a
 RCRA
 permit
 or
 interim
status;
6)
 A
 chemical
 and
 physical
 analysis
 of
 the
 waste,
 as
specified
 in
 Section
 808.410;
7)
 A wastestream description,
 as specified in Section
808.413;
8)
 A
 quality
 assurance
 plan,
 as
 specified
 in
 Section
808.420;
9)
 A
 description
 of
 any
 current
 waste
 storage,
treatment and disposal processes applicable to the
wastestream;.
10)
 Identification of the disposal site or sites
 to
which
 the
 applicant
 proposes
 to
 send
 the
 waste,
and
 the
 proposed
 modes
 of
 transportation;
BOARD NOTE:
 This information
 is requested to
assist
 the
 Agency
 in
 reviewing
 the
 application.
These
 rules
 do
 not
 preclude
 use
 of
 a
 disposal
 site
which is not identified in the application for
classification; and
11)
 Wastestream
 number
 of
 any
 supplemental
 wastestream
permit
 issued
 for
 the
 waste
 pursuant
 to
 35
 Ill.
Adm.
 Code
 807.210,
 and
 the
 expiration
 date
 of
 any
such
 permit.
b)
 The
 rationale
 for
 requesting
 classification,
 including
all
 relevant
 calculations
 and
 other
 bases
 for
conclusions;
 (If
 Appendix
 B
 of
 this
 Part
 has
 not
 been
utilized
 for
 purposes
 of
 calculating
 the
 toxic
 score,
such
 rationale
 shall
 indicate
 the
 reasons
 for
 using
 an
alternative
 means
 of
 determining
 the
 toxic
 score,
including
 an
 explanation
 of
 whether
 the
 alternative
means
 chosen
 is
 equivalent
 to
 Appendix B.)
c)
 Data
 establishing
 that
 the
 waste
 is
 not
 a
 hazardous
waste
 pursuant
 to
 35
 Ill.
 Acim.
 Code
 721;
BOARD
 NOTE:
 Wastestream categorization
 is not
 applicable
 to
 RCRA
 hazardous
 wastes.
 If the generator
anticipates that this will be an issue,
 the generator
should
 include
 documentation
 supporting
 the
 claim
 that
I 14-447
16
the waste is not a hazardous waste pursuant to 35
 Ill.
Adm. Code 721.
d)
 Data bearing on whether the waste is a special handling
waste, including the physical form of the waste and the
mode
 of
 containment,
 if
 any,
 during
 transport;
e)
 Whether
 the
 waste
 can
 be
 categorized
 by
 source,
pursuant
 to
 Section
 808.243,
 or
 by
 characteristic,
pursuant
 to
 Section
 808.244;
f)
 Sufficient physical, chemical and toxicological data to
assign a degree of hazard pursuant to Section 808.430;
g)
 If necessary, results of toxicological testing,
 as
specified in Section 808.431;
h)
 Such
 additional
 information
 as
 the
 generator
 believes
is
 appropriate
 to
 show
 that
 the
 waste
 should
 be
classified
 as
 the
 generator
 requests;
 and
i)
 Such
 additional
 information
 as
 the
 Agency
 determines
 is
necessary to assign the waste to a class.
 The Agency
may specify additional information by a request
directed to the individual applicant.
Section 808.410
 Physical and Chemical Analyses
Physical and chemical analyses of wastes for purposes of this
Subpart shall be conducted as follows:
a)
 Samples
 shall
 be representative of the wastestream and
shall:
1)
 Include
 all
 waste
 phases;
2)
 Be taken from areas distributed spatially within
the waste bulk; and
3)
 Be
 taken
 at suitable time intervals and over a
sufficient period of time to account for variation
in the wastestream through work shifts,
 seasons,
etc.
b)
 The following properties shall be determined and
reported:
1)
 The physical description of the wastestream,
including,
 but not linited to,
 its temperature,
color, phase and flow rate;
2)
 The pH of aqueous phases of the waste,
 or the pH
I 14--’;48
17
of a 1:1 volume dilution of solid phases of the
waste with distilled and buffered water;
3)
 The flashpoint of
 liquid phases by the Pennsky-
Martens Closed Cup test method,
 specified in ASTM
Standard
 D-93-79
 or
 D—93—80,
 incorporated
 by
reference
 at
 Section
 808.111,
 or
 by
 a
 Setaf
 lash
Closed Cup tester, using the test method specified
in
 ASTM
 standard
 D-3828-78,
 incorporated
 by
reference at Section 808.111;
4)
 Results
 of
 an
 EP
 toxicity
 test,
 as
 specified
 in
 35
Ill.
 Adm. Code 721.124; and
5)
 Density.
c)
 The
 waste
 shall
 be
 analyzed
 for
 its
 constituents
 as
follows;
1)
 The analysis must include all materials introduced
into each process generating the wastestream,
 and
all
 materials
 which
 come
 into
 contact
 with
products and materials produced by the process or
in storage,
 including end products and impurities;
2)
 The
 analysis
 must
 include
 all
 constituents
 which
will react with each other under the process
conditions;
3)
 If available,
 the analysis must use the Chemical
Abstracts Service
 (CAS)
 name and number for each
constituent,
 or a name from the list of common
names pursuant to Section 808.412.
 Otherwise,
 if
the CAS name and number and such a common name
 is
not available for the constituent,
 the person
requesting
 classification
 shall
 provide
 a
 name
 and
complete description of the constituent;
4)
 The
 analysis
 shall
 include
 a
 list
 of
 major
constituents and concentrations which accounts
 for
at least 99 percent of the mass of the waste.
 The
list may include an entry for “other”
 or “unknown”
if the significant trace constituents have been
identified as provided
 in subsection
 (c) (5).
 The
analysis shall list major constituents of the
waste rounded to the nearest tenth of a percent,
and shall be supported by
 a mass balance;
5)
 Significant trace constituents.
 The generator
shall include
 a list and the concentration of all
significant trace constituents,
 as defined in
Section
 808.411;
 and
11 !4——44q
18
6)
 The
 analysis
 shall
 identify
 all
 major
 constituents
and significant trace constituents
 listed in 35
Ill. Adm.
 Code 721.Appendix
 H.
d)
 The analysis must report the average concentration or
mass
 percentage
 and
 the
 expected
 range
 of
 each
 major
constituent
 and
 significant
 trace
 constituent.
 The
expected
 range
 is
 the
 95
 percent
 confidence
 intervals
for
 each
 set
 of
 analyses
 for
 the
 constituent.
 The
error
 analysis
 must take into account the following:
1)
 Temporal
 variation
 in
 the
 wastestream properties;
2)
 Uncertainties arising from sampling the waste; and
3)
 Uncertainties arising from the method of analysis.
Section
 808.411
 Significant
 Trace
 Constituents
A
 significant
 trace
 constituent
 is
 a
 constituent
 revealed
 by
analysis:
a)
 Which
 is
 present at
 a mass concentration of less than
 1
percent;
 and
b)
 Which
 has
 a
 toxicity,
 BiTi,
 as
 determined
 in
 Appendix
B,
 of
 less
 than
 500
 mg/l.
Section
 808.412
 Common
 Names
The Agency shall utilize common names, together with a
description
 of
 each,
 for
 constituents
 not
 amenable
 to
 chemical
nomenclature.
BOARD NOTE:
 The purpose of this provision
 is to promote greater
consistency in the naming of constituents.
 The Agency may use
this mechanism to assign common names to constituents.
 Such
names
 might
 include:
 Sand,
 water,
 wood,
 foodstuff,
 etc.
 In
addition,
 this mechanism can be used to assign a name and
toxicological
 properties
 to
 complex
 mixtures
 after
 these
 have
been
 determined
 for
 a
 wastestream
 or
 a
 type
 of
 waste—generating
process.
Section
 808.413
 Wastestream
 Description
a)
 The wastestream description must include the following:
1)
 The
 name
 of
 the
 generator,
 if
 other
 than
 the
original generator identified
 in the application
for waste classification pursuant to Section
808.402 (a) (1);
Ii
!~—‘~
5fl
19
2)
 The
 name
 of
 the
 wastestream,
 as
 assigned
 by
 the
Agency
 pursuant
 to
 Section
 808.412,
 or
 as
 assigned
by
 the
 generator,
 if
 no
 name
 has
 been
 assigned
 by
the Agency;
3)
 A
 general
 description
 of
 the
 activity,
 production
process
 or
 treatment
 process
 which
 gives
 rise
 to
the
 waste;
4)
 A
 general
 description
 of
 the
 physical
 and
 chemical
properties
 of
 the
 wastestream,
 including
 its
anticipated
 annual
 volume.
BOARD
 NOTE:
 This
 description may be summary and
narrative;
 detailed
 description
 of
 physical
 and
chemical
 properties
 of
 the
 wastestream
 is
 governed
by
 Section
 808.410.
b)
 The
 wastestreamn
 description may include a description
of
 a
 range
 of
 physical
 and
 chemical
 properties
 of
 the
wastestream,
 based
 on
 physical
 and
 chemical
 analysis
pursuant
 to
 Section
 808.410,
 that
 are
 associated
 with
periodic,
 occasional or anticipated changes
 in the
process which produces the waste
 (e.g.,
 changes in
materials used as coatings, bonding agents or
solvents).
BOARD NOTE:
 The wastestream description differs from
the waste analysis required pursuant to Section
808.410.
 The
 wastestream
 description
 should
 describe
the
 waste
 which
 the
 applicant
 wishes
 to
 have
classified,
 which
 may
 not
 be
 exactly
 what
 the
 applicant
presently produces.
 The waste which
 is subjected to
analysis
 must
 fit
 within
 the
 wastestream
 description,
but need not be identical to all variations of it.
 To
avoid having to necessarily repeat the waste
classification
 process,
 the
 applicant
 should
 request
classification
 of
 a
 broadly-defined
 and
 characterized
wastestream,
 so
 as to cover any periodic,
 occasional
 or
anticipated modification to the waste properties.
However, this will tend to increase the degree of
hazard ranking of the wastestream.
Section
 808.420
 Quality
 Assurance
 Plan
A quality assurance plan shall detail steps which the generator
will take to ensure that
the
waste conforms with the wastestream
description.
a)
 The plan must include employee orientation measures,
such as the following:
ii
4---’~51
20
1)
 Assignment of responsibility for assuring
compliance;
2)
 Employee training;
3)
 Work
 rules;
4)
 Posting
 of
 signs;
 and
5)
 Positioning of waste receptacles.
b)
 The plan must include periodic and random inspection,
sampling and analysis of the wastestreamn to ensure that
it
 conforms
 with
 the
 wastestream
 description.
 The
 plan
must
 be
 designed
 so
 that
 there
 is
 at
 least
 a
 95 percent
probability that loads meet the wastestream
description.
 The
 plan
 may
 specify
 measures
 to
 be
 taken
to account
 for variables
 in the properties by the
wastestream,
 so
 as
 to
 prevent
 false
 negatives.
BOARD NOTE:
 The applicant should use statistical
quality
 control
 to
 devise
 a
 plan
 with
 an
 inspection
schedule which meets the above standard based on the
properties and variability of the wastestream.
c)
 The
 plan
 may
 provide
 for
 inspection,
 sampling
 and
analysis
 by
 the
 permitted
 facility
 which
 receives
 the
waste.
 If
 so,
 the
 plan
 must
 include
 a
 written
agreement by the receiving facility that explicitly
details
 what
 actions
 the
 receiving
 factility
 will
undertake to fulfill the requirements of this Section.
BOARD NOTE:
 The permitted facility
 is required by
permit and 35
 Ill. Adm.
 Code 811 to inspect, sample and
analyze
 the
 wastes
 it
 receives.
 This
 is
 distinct
 from
similar activities undertaken by contract on behalf of
the
 generator
 pursuant
 to
 this
 Section.
Section
 808.430
 Degree
 of
 Hazard
 Data
a)
 The
 applicant
 shall
 submit
 its
 degree
 of
 hazard
prediction,
 including the estimated toxic scoreand the
information or data used to calculate the prediction,
with the application.
BOARD NOTE:
 The applicant may include the results of
 a
degree of hazard prediction performed by
 a computer
program.
b)
 The Agency may request additional data,
 if necessary to
assign the waste to
 a class and the application
II !,—45~)
21
contains inadequate information to determine the degree
of
 hazard
 of
 the
 waste.
BOARD NOTE:
 If the Agency requests data, the request
may include a computer—generated result of an attempt
to perform the degree of hazard prediction, together
with a specific request
 for needed data.
C)
 Degree of hazard data shall include sufficient
information to classify the waste pursuant to Section
808.245.
 In addition to the information normally
obtained by the physical and chemical analysis required
by
 Section
 808.410,
 the
 degree
 of
 hazard
 data
 shall
include,
 but
 shall
 not
 be
 limited
 to,
 the
 following
with respect to each constituent:
1)
 Toxicity;
2)
 n-Octanol/water partition coefficient;
3)
 Persistence,
 measured
 as
 the
 half—life
 in
 days;
and
4)
 Solubility in water,
 in parts per million on a
weight basis.
Section 808.431
 Toxicological Testing
a)
 Except as otherwise authorized by Section 808.245(a),
the Agency shall request that the applicant perform
toxicological testing of components
 or of the waste
pursuant to Appendix B of this Part,
 if a toxic score
determination is necessary to assign the waste to a
class and there is inadequate information
 in the
Agency’s data base to determine the toxic score.
b)
 The applicant shall elect to include the results
 of
toxicological testing of either the components of the
waste or the waste
 itself.
c)
 Testing required under subsection
 (a) shall be to
determine an LD~0
—
 oral rat.
 The Agency shall approve
alternative toxicological testing if the applicant
demonstrates that an LD50
 —
 oral rat cannot be measured
or is otherwise inappropriate.
 The applicant shall
document the relation of the alternative test to an
LD50
 -
 oral
 rat.
I 14—453
22
SUBPART
 E:
 REVIEW
 OF
 CLASSIFICATION
 REQUESTS
Section 808.501
 Order
 of Requesting Information
a)
 If possible,
 the Agency shall categorize the
wastestream without requesting or using degree of
hazard data pursuant to Section 808.430.
 However,
nothing herein shall preclude the Agency from
requesting or using degree of hazard data to confirm
the characteristics
 of the waste.
BOARD NOTE:
 For example,
 if the waste is a categorical
waste,
 it should be assigned to the type for that
category without resort to degree of hazard data.
b)
 If, after requesting and receiving degree of hazard
data pursuant to Section 808.430, the Agency still
cannot determine the degree of hazard, the Agency shall
request toxicological testing pursuant to Section
808.431.
Section 808.502
 Completeness
a)
 An incomplete application is one which, together with
the Agency’s database, has insufficient information to
classify the waste.
b)
 If the Agency determines that an application
 is
incomplete,
 it shall classify the waste as
 a Class A
special
 waste,
 unless
 the
 Agency
 determines,
 based
 on
such information as is available,
 that the waste is a
RCRA
 hazardous
 waste
 pursuant
 to
 35
 Ill.
 Adm.
 Code
 721.
SUBPART
 F:
 WASTESTREAM
CLASSIFICATION
 DETERMINATIONS
Section 808.520
 Time for Agency Action
a)
 The Agency shall issue a wastestream classification
determination within 60 days after the date of receipt
of
 a complete application.
b)
 The applicant may waive the time for Agency action.
c)
 As
 provided
 in
 Section
 22.9(e)
 of
 the
 Act,
 IF
 THE
AGENCY DENIES A REQUEST OR FAILS TO ACT WITHIN 60 DAYS
AFTER RECEIPT OF
THE
REQUEST, THE APPLICANT MAY
SEEK
REVIEW BEFORE THE BOARD PURSUANT TO SECTION
 40 OF THE
ACT AS IF THE AGENCY
HAD DENIED
 AN APPLICATION
 FOR A
PERMIT.
114--454
23
Section 808.521
 Conditions of Wastestream Classification
The Agency shall include the following conditions
 in each
wastestream classification determination:
a)
 Wastestream description.;
b)
 Wastestream
 identification
 number
 assigned
 to
 the
specific
 determination;
c)
 Classification
 of
 the
 special
 waste;
d)
 Limitations
 on
 the
 management
 of the waste, consistent
with this Part,
 and
 35
 Ill.
 Adm.
 Code
 809;
e)
 A
 quality
 assurance
 plan;
f)
 The
 expiration
 date,
 if
 any;
 and
g)
 Such additional conditions
 as the Agency determines are
 necessary to assure that waste managed pursuant to the
classification determination
 is of the class specified.
Section 808.522
 Final Agency Action
Final Agency action shall consist of a final determination of a
wastestream classification request.
 The Agency takes final
action on the date the wastestream classification determination
is mailed to the applicant.
SUBPART
 G:
 MODIFICATION, APPEAL
AND ENFORCEMENT
Section 808.541
 Request for Modification
If the application is a request for modification of a previous
final wastestream determination,
 the applicant shall continue to
manage waste pursuant to the old determination until
 it receives
a final disposition of its request for a new determination.
Section 808.542
 Appeal
a)
 Within 35 days after the Agency’s final action,
 the
applicant may appeal
 a wastestream classification
determination to the Board.
 Appeals under this Section
shall be subject to the requirements of
 35
 Ill.
 Adm.
Code
 105.
b)
 The record before the Board consists of the data base
which was considered by the Agency at
the time the
Agency took final action.
 The applicant may
supplement
the
 record
 before
 the
 Board
 only
 under
 one
or
 more
 of
the
 following
 conditions:
114-4~5
24
1)
 If
 the
 applicant
 attempted
 to
 submit
 the
information
 into the data base before the Agency
prior to filing its appeal to the Board;
 or
BOARD NOTE:
 This provision is intended to prevent
the use of appeals to challenge the validity of
degree of hazard data through the introduction of
new information without the Agency having the
opportunity to reconsider its determination based
on
 that
 new
 information.
2)
 If
 the
 data
 base
 filed
 by
 the
 Agency
 is
 not
complete with respect to materials identified
 in
Section 808.302(b) (3).
Section 808.543
 Effect of Classification
A wastestream classification provides the generator with
 a
determination necessary to obtain a wastestream identification
number or to modify a supplemental wastestream permit.
 A
wastestream identification number and a supplemental wastestream
permit are necessary for completion of manifests and reports
required by this Part and 35
 Ill.
 Adin.
 Code 809 and 807.
 The
wastestream classification authorizes the generator,
 hauler and
permitted facility to transport and manage waste meeting the
wastestream description
in
accordance with regulations governing
the transportation and management of special waste of the class
provided in the classification determination.
Section 808.544
 Enforcement
Any person may bring an action pursuant to Title VIII
 of the Act
and
 35
 Ill.
 Adma.
 Code
 103
 to
 seek
 enforcement
 of
 the
 provisions
of this Part.
 Penalties may be assessed upon a finding of
violation,
 as provided
 in Title XII of the Act.
 Sanctions may
include
 revocation
 of
 a
 wastestream
 classification
 determination.
Section 808.545
 Modification
a)
 A
 generator
 who
 has
 received
 a
 wastestream
classification may request modification at any time by
filing a new application.
 The generator shall file a
new application whenever the waste
 it produces no
longer meets the wastestream description.
b)
 The Agency shall modify a wastestream classification
whenever necessary to reflect amendments,
 repeals,
 or
additions to the Act or
 35 Ill.
 Adm.
 Code:
 Chapter
 I.
The Agency shall give the generator at least 30 days
prior written notice before it modifies a wastestream
classification.
11 4--456
25
SUBPART H:
 CATEGORICAL
AND
CHARACTERISTIC WASTES
Section
 808.600
 Introduction
a)
 This
 Subpart
 defines
 “categories
 of
 wastes”
 by
 the
 type
of
 source
 or
 generator
 producing
 the
 waste,
 by
 the
process
 from
 which
 the
 waste
 arises,
 or
 by
 name.
 This
Subpart
 also
 defines
 categories
 of
 wastes
 as
“characteristics
 wastes,”
 based
 on
 physical
 or
 chemical
properties.
b)
 Categorical
 and
 characteristic
 special
 (non-RCRA)
wastes
 are
 assigned
 to
 a
 category
 defined
 under
 this
Subpart
 based
 on
 the
 similarity
 of
 the
 physical,
chemical or biological properties of the wastes to
those properties designated as representative of that
 category,
 regardless of the degree of hazard of the
individual wastes or wastestreams.
1
14-157
26
Section
 808.Appendix
 A
 Assignment
 of
 Special
 Waste
 to
 Classes
Request to Classify Waste
 (Section 808.402)
I
 Application Incomplete?
 (Section 808.502)
INh
 _
II
Waste Categorized by Source?
 (Section 808.243)
Yes
 Assign
 to
 Class
 Based
 on
-‘
 Source
 (Subpart
 H)
Waste
 Categorized
 by
 Characteristics?
 (Section
 808.244)
II
 II
 _______________________________________________________
~No
 Yes
 Assign
 to
 Class
 Based
 on
Characteristic
 (Subpart
 H)
Classify Waste According to Degree of Hazard
(by Toxic Score)
 (Section 808.245)
I
 Declassifiable
 I
Special Handling Waste?
(Section 808.242)
L
 ~
II
lor2
 L~J
L~oI
I
Declassified
j
 Class B
 I
 I
 Class
 A
1l4—45~
27
Section 808.Appendix B
 Toxicity Hazard
This Appendix describes the method by which a generator of
special
 waste
 or
 the
 waste
 source
 shall
 determine
 the
 toxic
 score
for
 a
 waste.
a)
 The
 wastestream
 equivalent
 toxic
 concentration
 (Ceq)
 is
calculated as follows:
Ceq
 =
 A
 *
 StJM(Ci
/
 Bi
*
 Ti)
where:
1)
 SUN
 means the sum of the results of the
calculation in parentheses
 for each component of
the wastestream;
2)
 Ci
 is
 the
 concentration of component
 i as a
percent of the waste by weight;
3)
 Ti
 is
 a
 measure
 of
 the
 toxicity
 of
 component
 i,
 as
provided
 in
 subsection
 (h);
4)
 A
 is
 a
 constant
 equal
 to
 300;
 and
BOARD NOTE:
 A is
 a constant used to allow the
entry of percent values for Ci, and to adjust the
results so that a reference material,
 100 percent
copper sulfate, with an oral toxicity of 300
mg/kg, achieves an equivalent toxic concentration
of
 100.
5)
 Bi
 is
 a
 conversion
 factor
 used
 to
 convert
 the
toxicity of component
 i
 (Ti)
 to an equivalent oral
toxicity.
 Bi
 is determined from subsection
 (i).
b)
 The toxic amount
 (M)
 is calculated as follows:
M
 =
 5
 *
 Ceg
where:
1)
 S is the maximum size of a wastestream shipment in
kg/month
 (Such maximum size shall be specified as
a condition of the wastestream classification.);
and
2)
 Ceq
 is
 the
 equivalent
 concentration
 from
subsection
 (a).
c)
 The toxic score is calculated as follows:
ill 45(~
28
1)
 If
 the
 toxic
 amount
 (N)
 is
 less
 than
 100,
 the
toxic
 score
 is
 0.
2)
 If
 the
 toxic
 amount is greater than or equal to
100
 and
 less
 than
 1000,
 the
 toxic
 score
 is
 1.
3)
 If the toxic amount is greater than or equal to
1000
 and
 less
 than
 10,000,
 the
 toxic
 score
 is
 2.
4)
 If
 the
 toxic
 amount
 is
 greater
 than
 or
 equal
 to
10,000,
 the
 toxic
 score
 is
 3.
BOARD
NOTE:
 100 kg/month of the reference
material,
 100 percent copper sulfate, has a “toxic
amount” of
 10,000, defining the borderline between
a “toxic score”
 of
 2 or
 3 for a small quantity
generator.
d)
 The
 toxic
 score
 shall
 be
 used
 as
 follows:
1)
 If
 the
 toxic
 score
 is
 0
 or
 3,
 the
 toxic
 score
shall be used for the purposes of Section 808.245
without adjustment.
2)
 If
 the
 toxic
 score
 is
 1
 or
 2,
 the
 toxic
 score
shall be adjusted based on environmental fate,
pursuant
 to
 subsections
 (e),
 (f)
 and
 (g).
e)
 The environmental fate score
 (F)
 is calculated as
follows:
F
 =
 SUN(Ci
 *
 Li)
where:
1)
 SUN
 means the sum of the results of the
calculation
 in parentheses for each component of
the wastestream;
2)
 Ci is the concentration of component
 i
as a
percent of the waste by weight;
 and
3)
 Li
 is the environmental level
 of component
 i,
 as
determined by subsection
 (j).
f)
 The
 toxic
 score
 is
 adjusted
 as
 follows:
1)
 If the environmental fate score
 (F)
 is less than
100, subtract
 1 from the toxic score;
2)
 If the environmental fate score
 is greater than or
equal to 100 and less than 200,
 the toxic score
 is
11
 4—46~
29
not
 modified;
3)
 If the environmental fate score is greater than or
 equal
 to
 200,
 add
 1
 to
 the
 toxic
 score.
g)
 Use
 the
 toxic
 score or adjusted toxic score calculated
pursuant to subsections
 (b) through
 (f)
 for the
purposes
 of
 Section
 808.245.
h)
 Sources of toxicity data.
1)
 The generator
 is required to provide information
to substantiate that any waste is other than a
type A waste.
2)
 Carcinogens and i-nutagens.
 If available, use a
TD50 oral rat to represent toxicity based on
carcinogenicity and mutagenicity.
 Otherwise:
A)
 Carcinogens are assigned a Ti of 0.1 mg/kg;
and
C)
 Mutagens
 are
 assigned
 a
 Ti
 of 0.6 mg/kg.
3)
 Toxicity values shall be selected according to the
following criteria:
A)
 Toxicities are converted to equivalent oral
toxicities as specified in subsection
 (i);
B)
 Toxicity values are ranked by source
according to the following priorities, with
the sources listed
 in descending order of
priority:
i)
 First oral rat,
 then inhalation rat,
then dermal rabbit,
 then aquatic
toxicity;
 or
ii)
 If data from these bases is unavailable,
 then other mammalian toxicity values;
C)
 If there is more than one toxicity value for
the toxicity from the highest priority
available source,
 the lowest (most toxic)
equivalent oral toxicity value is
 used.
i)
 Conversion factors for equivalent oral toxicities.
 The
following conversion factors must be used to convert
toxicity values to equivalent oral toxicities
 (Bi)
 (If
a
 carcinogen
 or
 mutagen
 is
 assigned
 a
 value
 for Ti
 in
Ii 4—-4(~
30
the
 absence
 of
 a
 TD50,
 Bi
 is
 assigned
 a
 value
 of
 1.):
Toxicity measure
 Units
 Bi
Oral
 —
 LD50
 mg/kg
 1.
Carcinogen/mutagen
--
 TD50
 mg/kg
 1.
Aquatic
-
 48
 or 96 hour LC50
 ppm
 5.
Inhalation
 —
 LC50
 mg/l
 25.
Dermal
-
 LD50
 mg/kg
 0.25
j)
 Environmental levels.
 If the waste constituent is
innocuous,
 the environmental level
 (Li)
 is equal to
 0.
Otherwise,
 Li for a component
 is the highest
 level for
that constituent
 in the following table,
 based on
bioaccumulation,
 persistence and solubility
 (If a value
is on the boundary between ranges, the higher value of
Li
 is used.):
Bioaccumulation
 Persistence
 Solubility
 Li
Nm.
 Max.
 Mm.
 Max.
 Mm.
 Max.
5
 ———
 365
 ———
 10,000
 3
4
 5
 30
 365
 1000
 10,000
 2
0
 4
 0
 30
 0
 1000
 1
1)
 “Innocuous”
 waste
 constituents
 are
 those
 for
 which
BiTi,
 as determined pursuant to subsection
 (a),
 is
greater than 5000 mg/kg.
2)
 Bioaccumulation
 is
 measured
 as
 the
 logarithm
 to
the base
 10 of the n-octanol/water partition
coefficient for the waste constituent,
 as measured
pursuant
 to
 ASTM
 E
 1147,
 incorporated
 by
 reference
in Section 808.111.
3)
 Persistence
 is determined pursuant to subsection
(k).
4)
 Solubility
 is measured as parts per million on a
weight basis.
 Solubility may be measured pursuant
to ASTM E 1148,
 incorporated by reference in
Section 808.111.
k)
 Persistence.
 If available,
 a value for persistence,
measured pursuant to subsection
 (k) (1), must be used.
I
 14—462
31
Otherwise,
 the
 table
 of
 subsection
 (k)
 (2)
 must
 be
 used.
1)
 Persistence must be measured pursuant to ASTM E
896,
 incorporated by reference in Section 808.111.
2)
 Persistence may be estimated using the following
table
 (The longest half-life indicated must be
used for constituents which fit into more than one
category.):
Type of Compound or Material
 Half Life
(days)
Metal,
 metal
 oxide
 or
 inorganic
 oxide
 366
Inorganic salts
 366
Asbestos
 366
Clay
 366
Plastics or polymers
 366
Pesticides
 366
Halogenated hydrocarbons
 366
Polyaromatic hydrocarbons and biphenyls
 366
 Phthalate esters
 366
Paper products
 366
Fats,
 oils and greases
 366
Resins and pigments
 366
Aromatic and alicyclic hydrocarbons
 31
Aliphatic hydrocarbons
More than 10 carbons
 3.
10 carbons or less
 1
Waste
 constituents
 not
 otherwise
 listed
 366
114—463
32
TITLE
 35:
 ENVIRONMENTAL
 PROTECTION
SUBTITLE
 G:
 WASTE DISPOSAL
CHAPTER
 I:
 POLLUTION CONTROL BOARD
SUBCHAPTER
 i:
 SOLID WASTE AND SPECIAL WASTE HAULING
PART 809
SPECIAL WASTE HAULING
SUBPART
 A:
 GENERAL
 PROVISIONS
Section
809.101
 Authority,
 Policy and Purposes
809.
 102
 Severability
809. 103
 Definitions
SUBPART
 B:
 SPECIAL WASTE HAULING PERMITS
Section
809.201
 Special Waste Hauling Permits
-
 General
809.202
 Applications for Special Waste Hauling Permit
 —
Contents
809.203
 Applications for Special Waste Hauling Permit
-
Signatures and Authorization
809.204
 Applications for Special Waste Hauling Permit
-
 Filing
and Final Action by the Agency
809.205
 Special Waste Hauling Permit Conditions
809.206
 Special Waste Hauling Permit Revision
809.207
 Transfer of Special Waste Hauling Permits
809.208
 Special Waste Hauling Permit Revocation
809.209
 Permit No Defense
809.210
 General Exemption from Special Waste Hauling Permit
Requirements
809.211
 Exemptions for Special Waste Haulers
SUBPART
 C:
 DELIVERY AND ACCEPTANCE
Section
809.301
 Requirements for Delivery of Special Waste to Haulers
809.302
 Requirements for Acceptance of Special Waste
 from
Haulers
SUBPART D:
 VEHICLE NUMBERS AND SYMBOLS
Sect ion
809.401
 Vehicle Numbers
809.402
 Special Waste Symbols
SUBPART
 E:
 MANIFESTS,
 RECORDS AND REPORTING
Section
809.501
 Manifests,
 Records, Access to Records~e-n-d---Reporting
Requirements and Forms
SUBPART F:
 DURATION OF PERMITS AND TANK NUMBERS
Section
809.601
 Duration of Special Waste Hauler Permits and Tank
Numbers
114—464
33
SUBPART
 G:
 EMERGENCY
 CONTINGENCIES
 FOR
 SPILLS
Section
809.701
 General Provision
SUBPART
 H:
 EFFECTIVE DATES
Section
809.801
 Compliance Date
809.802
 Exceptions
SUBPART
 I:
 HAZARDOUS (INFECTIOUS)
 HOSPITAL WASTE
Section
809.901
 Definitions
809.902
 Disposal Methods
809.903
 Rendering Innocuous by Sterilization
809.904
 Rendering Innocuous by Incineration
809.905
 Recordkeeping Requirements for Generators
809.906
 Defense to Enforcement Action
Appendix A
 Old Rule Numbers Referenced
AUTHORITY:
 Implementing Sections
 5,
 10,
 13 and 22 and authorized
by Section 27
 of the Environmental Protection Act
 (Ill.
 Rev.
Stat.
 1989,
 ch.
 111½,
 pars.
 1005,
 1010,
 1013,
 1022,
 and 1027).
SOURCE:
 Adopted in R76-lO,
 33 PCB 131,
 at
 3
 Ill. Peg.
 13,
 P.
155, effective March 31,
 1979; emergency amendment in R76—lO,
 39
PCB 175,
 at
 4 Ill.
 Peg.
 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 P77—12(B),
 41 PCB 369,
 at
 5
 Ill. Reg.
 6384,
effective May 28,
 1981; amended in P80—19,
 41 PCB 459,
 at
 5
 Ill.
Peg.
 6378, effective May 31,
 1981;
 codified
 in P81—9,
 53 PCB 269,
at
 7
 Ill.
 Reg.
 13640; recodified in R84-5,
 58 PCB 267,
 from
Subchapter h to Subchapter
 i at 8
 Ill.
 Reg.
 13198; amended in
R89—13A
 at
 14
 111.
 Reg.
 ,
 effective
Capitalization denotes statutory language.
SUBPART
 A:
 GENERAL PROVISIONS
Section
 809.103
 Definitions
“Act” means the Environmental Protection Act
 (Ill.
 Rev.
Stat. 198±9, ch.
 111½,
 pars.
 1001,
 et seq.).
“Agency” means the Illinois Environmental Protection
Agency.
“Board” means the Illinois Pollution Control Board.
II 4—4RS
34
“DISPOSAL” MEANS THE DISCHARGE, DEPOSIT,
 INJECTION,
DUMPING, SPILLING,
 LEAKING,
 OR
 PLACING
 OF
 ANY
WASTE OR
SPECIAL WASTE INTO OR
ON ANY LAND OR WATER
 SO
 THAT
 SUCH
WASTE OR SPECIAL WASTE OR
 ANY
 CONSTITUENT
 THEREOF MAY
ENTER THE ENVIRONMENT OR BE EMITTED INTO THE AIR OR
DISCHARGED INTO
ANY
WATERS,
 INCLUDING GROUND WATERS.
(Section 3.08 of the Act.)
 (See “Waste”,
 “Special
Waste.”)
“GARBAGE” MEANS THE WASTE RESULTING FROM THE HANDLING,
PROCESSING,
 PREPARATION, COOKING, AND CONSUMPTION OF
FOOD,
 AND
WASTES FROM
THE HANDLING,
 PROCESSING,
 STORAGE
AND
 SALE
 OF
 PRODUCE.
 (Section
 3.11
 of
 the
 Act.)
 (See
“Waste.
 “)
“HAZARDOUS WASTE”
 MEANS A WASTE,
 OR
 COMBINATION
 OF
WASTES, WHICH BECAUSE OF 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 THREAT TO
HUMAN
HEALTH
OR
 TO
 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
RESOURCE CONSERVATION
 AND RECOVERY ACT OF
 1976T
 142
U.S.C.
 6901 ET SEQ.j OR PURSUANT TO AGENCY GUIDELINES
CONSISTENT WITH THE REQUIREMENTS OF THE ACT
AND
 BOARD
REGULATIONS.
 (Section 3.15
 of the Act.)
“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, WHICH POSES 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.
 ‘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._
(Section
 3.17
 of
 the
 Act.)
“Manifest” means the form provided or prescribed by the
1 I4-46r~
35
Agency
 and
 used
 for
 identifying
 name,
 quantity,
 and
 the
origin,
 routing,
 and
 destination
 of
 special
 waste
during its transportation from the point of generation
to
 the
 point
 of
 disposal,
 treatment,
 or
 storage,
 as
required
 by
 this
 Part,
 35
 Ill.
 Adm.
 Code:
 Subtitle
 H,
or
 by
 the
 Resource
 Conservation
 and
 Recovery
 Act
 of
1976T
 j42
 U.S.C.
 6901
 et seq.~~or regulations
thereunder.
“Permitted
 ~isposal
 Gsite”
 means
 a
 sanitary
 landfill
or
 other
 type
 of
 disposal
 site
 including
 but
 not
limited
 to
 a
 deep
 well,
 a
 pit,
 a
 pond,
 a
 lagoon
 or
 an
impoundment which has a current, valid operating permit
issued
 by
 the
 agency
 under
 Subpart
 B
 of
 this
 Part
 and
 a
supplemental permit issued by the Agency under Subpart
B of this Part specifically permitting the site to
accept
 a special waste tendered for disposal.
“Permitted S~torageSsite” means any site used for the
interim containment of special waste prior to disposal
or treatment which has a current, valid operating
permit issued by the Agency under Subpart B of this
Part and a supplemental permit issued by the Agency
under Subpart B of this Part,
 specifically permitting
the site to accept a special waste tendered for
storage.
“Permitted P~reatment6~ite”means any site used ~to
change the physical,
 chemical or biological character
or composition of any special waste, including but not
 limited to a processing center,
 a reclamation facility
or a recycling center which has
 a current, valid
operating permit issued by the Agency under Subpart
 B
of this Part and a supplemental permit issued by the
Agency under Subpart B of this Part,
 specifically
permitting the site to accept a special waste tendered
for
 treatment.
“PERSON” MEANS ANY INDIVIDUAL,
 PARTNERSHIP,
 CO-
PARTNERSHIP,
 FIRM,
 COMPANY,
 CORPORATION,
 ASSOCIATION,
JOINT STOCK COMPANY,
 TRUST,
 ESTATE,
 POLITICAL
SUBDIVISION,
 STATE AGENCY,
 OR ANY OTHER LEGAL ENTITY OR
THEIR LEGAL REPRESENTATIVE,
 AGENT OR ASSIGNEE._
(Section 3.26
of
 the Act.)
“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
1 14- 467
36
MEANS.
 “POLLUTION CONTROL WASTE” INCLUDES BUT IS NOT
LIMITED TO WATER AND WASTEWATER TREATMENT PLANT
SLUDGES, BAGHOUSE DUSTS, SCRUBBER SLUDGES AND CHEMICAL
SPILL CLEANINGS.
 (Section 3.27
 of the Act.)
“Reclamation” means the recovery of material or energy
from waste for commercial or industrial use.
“Refuse”
 means
 any
 garbage
 or
 other
 discarded
materials, with the exception of radioactive materials
discarded
 in
 accordance
 with
 the
 provisions
 of
 the
Radiation Protection Act
 (Ill. Rev.
 Stat.7 198-l~,G~h.
ill
 l/2~,
 par.
 2l1—2-2-9- et
 seq.)
 and
 “AN
 ACT
 in
 relation
to the concentration and storage of radioactive waste”
QJl.
 Rev.
 Stat.
 1989.
 ch.
 ll1~,
 par.
 230.1—230.l4et
seq.)
 as now or hereafter amended.
 (See “Waste.”)
“Septic ~tank Ppumpings” means the liquid portions and
sludge residues removed from septic tanks.
“SITE” MEANS ANY LOCATION, PLACE OR TRACT OF
LAND
 AND
FACILITIES USED FOR COLLECTION,
 STORAGE, DISPOSAL OR
TREATMENT OF SPECIAL WASTE.
 (Section
 3.43
 of the Act.)
“Solid
 Wwaste”
 (see
 “Waste”)
“Special
 aste”
 ~
~~u-s-t-rial
 proccss waste”
 or “pollution control
as defined in 35 Ill.
 Adm.
 Code 808.110.
Special waste may be either “Class A”
 or “Class B,”
pursuant to 35
 Ill.
 Adm.
 Code 808.245.
“Special W~asteHhauler” means any person who
transports special waste from any location.
“Spill” means any accidental discharge of special
waste.
“Storage” means the interim containment of special
waste prior to disposal or treatment.
“Tank” means any bulk container placed on or carried by
a vehicle to transport special waste,
 including wheel
mounted tanks.
“TREATMENT” MEANS ANY
METHOD,
 TECHNIQUE OR PROCESS
INCLUDING
 NEUTRALIZATION
 DESIGNED
 TO CHANGE THE
PHYSICAL,
 CHEMICAL OR BIOLOGICAL
 CHARACTER
 OR
COMPOSITION
 OF ANY SPECIAL WASTE
 SO AS TO NEUTRALIZE
THAT WASTE
 OR SO AS TO RENDER THAT WASTE NONHAZARDOUS,
SAFER
 FOR
 TRANSPORT,
 AMENABLE
 FOR
 RECOVERY,
 AMENABLE
FOR
 STORAGE
 OR
 REDUCED
 IN
 VOLUME.
 “TREATMENT”
 INCLUDES
Ii
‘~—
!,6S
37
ANY
ACTIVITY OR PROCESSING DESIGNED TO CHANGE THE
PHYSICAL FORM CR CHEMICAL COMPOSITION OF SPECIAL WASTE
TO
 RENDER
 IT
 LESS
 DANGEROUS
 OR
 NONHAZARDOUS.
“Treatment” also includes reclamation, re—use and
recycling of special waste.
 (Section 3.49
 of the Act.)
“Truck” means any unitary vehicle used to transport
special waste.
“Truck ~3?~ractor”means any motor vehicle used to
transport special waste which
 is designed and used for
drawing other vehicles and not so constructed as to
carry
 a load other than
 a part of the weight of the
vehicle and load so drawn.
“Vehicle” means any device used to transport special
waste
 in bulk or
 in packages,
 tanks or other
containers.
“WASTE” MEANS ANY GARBAGE, REFUSE,
 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.
 “WASTE” AS HERE DEFINED DOES NOT INCLUDE
SOLID OR DISSOLVED MATERIAL IN DOMESTIC SEWAGE,
 OR
SOLID OR DISSOLVED MATERIAL IN
IRRIGATION
 RETURN FLOWS,
OR IN INDUSTRIAL DISCHARGES
WHICH
ARE POINT SOURCES
SUBJECT TO PERMITS UNDER SECTION 402 OF
THE FEDERAL
WATER POLLUTION CONTROL ACT7 133 U.S.C.
 1251 et seq.~
OR SOURCE,
 SPECIAL NUCLEAR, OR BYPRODUCT MATERIAL AS
DEFINED BY THE ATOMIC ENERGY ACT OF 19547 142 U.S.C.
2011 et seq.~ OR RADIOACTIVE MATERIALS DISCARDED IN
ACCORDANCE WITH THE PROVISIONS OF “AN ACT in relation
to personnel radiation monitoring” (Ill4ne~. Rev4se8.
Statu-tes-7.
 198+9,
 Chapterch.
 111½,
 Par.
 230.1 et seq.~
approvcd—Augue-t
 16,
 1963,
 as now or hereafter amcn4ecl,
AND AS AUTHORIZED
 BY REGULATIONS PROMULGATED PURSUANT
TO
THE “RADIATION
 PROTECTION
 ACT7” 1111.
 Rev.
 Stat.
198-19,
 Cli.
 111½,
 Par.
 211 et seq.j; AS
NOW OR HEREAFTER
AMENDED.
 “Waste”
 as
 here
 defined
 is
 intended
 to
 be
consistent with the definition
 of
 “solid waste” set
forth in Section 1004(27)
 of Resource Conservation and
Recovery Act of 19767 j42 U.S.C. 690±—e-t—ee~3(27))._
(Section
 3.53
 of the Act.)
(Source:
 Amended at
 14
 Ill.
 Reg.
 ,
 effective
ii 4- ~
38
CUBPART
 B:
 SPECIAL WASTE HAULING
 PERMITS
SUBPART
 B:
 GENERAL
 REQUIREMENTS
 FOR
 WASTE
 HAULERS
Section 809.211
 Exemptions for Special Waste Haulers
The following persons need not obtain
 a special waste hauling
permit or carry
 a manifest
 if they haul only the waste indicated:
a)
 Any person licensed in accordance with the Private
Sewage Disposal Licensing Act
 (Ill.
 Rev.
 Stat. l98±~,
~
 111½,
 par.
 116.301 et seq.) and who hauls only
septic tank pumpings—need not obtain a special waste
hauling permit or carry and complete a manifest under
this
 Part.
b)
c)
d)
 Any person licensed
 in accordance with “An Act in
relation to the Disposal of Dead Animals7” 1111.
 Rev.
Stat.7 198±9, ech.
 8,
 par.
 149.1 et seq.7j and who
hauls only grease,
 meat packing scraps,
 dead animals
and parts
 of animals for delivery to a renderer-j—-n-eed
not obtain
 a special waste hauling permit or carry
and
a manifest under this
Part.
e)
 Any person operating under rules and i~egulations
 adopted pursuant to “An Act in relation to Oil,
 Gas,
Coal and Other Surface and Underground Resources7”
1111.
 Rev.
 Stat.7 198+~, ch.
 96½,
 par.
 5401 et seq.71
and who hauls only oil and gas extraction wastes as
defined
 the±
 —need---net--e-b-tain
 a special waste
 haul-i-n-g
perm—e±’--ea-i~’-i-y--and
complete
 a manifest undcr this
Pa~-tinthat Act.
f)
 Any person who hauls only radioactive wastes as defined
by the Radiation Protection Act7 1111.
 Rev.
 Stat.
198±~,ch.
 111½,
 par.
 211 et seq.j~
g)
 Any person holding a permit or certificate issued by
Any person who hauls only livestock waste intended for
land application pursuant to Agency guideline WPC
 2
need not obtain
 a special waste hauling permit or carry
and complete a manifest—
 —-ie---Part35 Ill.
 Adm.
Code 560.
Generators ai~d—h1-jaulers of municipal water or
wastewater treatment plant sludge which is to be
applied to land and which
 is regulated under 35
 Ill.
Adm.
 Code:
 Subtitle C pursuant to—a sludge management
scheme approved by the Agency pursuant to 35 Ill. Adm.
Code 309.208 need not obtain
 a special waste hauling
permit
 or prepare, corry and complete a manifest under
4~s—Pte~---t4--e±u&je.
114--/47fl
39
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 regulationsneed not obtain
 a special waste
hauling permit or carry and complete a manifest under
this Part.
h)
 Any
person who hauls only coal combustion fly ashfteed
not obtain
 a special waste hauling permit or carry and
c~cmnletea manifest under this Part.
ii.
 Any person who hauls only declassified waste or refuse.
jj
 Any person who hauls only special waste exempted by 35
Ill.
 Adm. Code 808.123
 (small quantity generators).
(Source:
 Amended at 14
 Ill.
 Peg.
 ,
 effective
SUBPART
 E:
 MANIFESTS, RECORDS AND REPORTING
Section 809.501
 Manifests,
 Records, Access to Records~end
Reporting Requirements and Forms
a)
 Any person who delivers special waste to a permitted
special waste hauler shall complete
 a manifest to
accompany the special waste from delivery to the
destination of the special waste.
 The manifest which
shall be provided or prescribed by the Agency shall,
 as
a minimum, contain the name of the generator of the
special waste; when and where generated;
 name of the
person from whom delivery is accepted and the name of
the site from which delivered; the name
 of the special
waste hauler; the date of delivery; the final disposal,
storage or treatment site; and the name,
 classification
and quantity of the special waste delivered to the
hauler.
 The Agency may provide or prescribe
 a
different form of manifest for Class A special wastes
than for Class B special wastes.
b)
 The
 manifest
 shall
 consist
 of
 four
 parts,
 in
c~~±~n
 colors,
 such that an entry
 or signature
 on
one part will be directly reproduced
 upon all
underlying
 parts.
 The top part of the manifest
 shall
be signed by the person who delivers special waste to
 a
special waste hauler,
 such signature acknowledging
such
delivery.
 The ~
 of the manifest
 shall also be
signed by the special waste hauler,
 such signature
acknowledging
 receipt
 of the special
 waste.
 The person
who delivers special waste to a special waste hauler
shall
~ubm-i-t—a—copy---e-f—each—eomp±e-ted~—-s-igned—man
i lest
I
 I
!~
-471
40
received during that period to the Agency, and shall
retain one copythe top part of the manifest as a
record.
 The remaining four copiesthree parts
 of the
manifest shall accompany the special waste shipment.
At the destination, the second part of the manifest
shall be signed by the person who accepts special waste
from a special waste hauler,
 such signature
acknowledging acceptance of the special waste.
c)
 A permitted site which receives special waste for
disposal,
 storage or treatment of special waste must be
designated on the manifest as the final destination
point.
 Any subsequent delivery of the special waste or
any portion or product thereof to a special waste
hauler shall be conducted under a manifest initiated by
the permitted disposal,
 storage or treatment site.
d)
 In all cases, the special waste hauler shall deliver
the
t-hr-ec cop-iesthird and fourth parts
 of the complete,
signed manifest to the person who accepts delivery of
special waste from the hauler.
 The special waste
hauler shall retain one copythe second part of the
completed,
 signed manifest as a record of delivery to
 a
permitted disposal,
 storage or treatment site.
 In
addition,
 at the end of each month,
 or such longer
period of time approved by the Agency,
 the owner and
 the operator of the permitted disposal,
 storage or
treatment site who accepts special waste from a special
waste hauler shall
 ~-ubmit
 a copy
 of each completed,
siged—i4e-s-t—~-eee-i-ved--during
 that period to the
Agency,
 and shall—send the fourth part of the completed
manifest to the person who delivered the special waste
to the special waste hauler.
e)
 Every person who delivers special waste to a special
waste hauler,
 every person who accepts special waste
from
 a special waste hauler and every special waste
hauler shall retain e—eepytheir respective parts of the
special waste manifest as
 a record of all special waste
transactions.
 These
eep-i-e-sparts shall
be retained for
three years and shall be made available at reasonable
times for inspection and photocopying by the Agency.
BOARD NOTE:
 The manifest requirements
 of
 35 Ill.
 Adm.
Code 722,
 724 and 725 relative to
RCRA
hazardous wastes
are not affected by this subsection.
 Generators and
receiving facilities subject to those Parts shall
continue to supply copies of all manifests to the
Agency.
ZI
 Every person who delivers Class A special waste to
 a
special waste hauler,
 and every person who accepts
114-472
41
Class A special waste from
 a special waste hauler shall
file
 a report,
 on forms prescribed or provided by the
Agency,
 summarizing all such activity during the
preceding
 calendar
 quarter.
 Such
 reports
 shall,
 at
 a
minimum,
 include the information specified
 in
subsections
 (h) and
 (1)
 of this Section and be mailed
no later than the tenth day of the month following the
end of the calendar quarter.
 This subsection
 shall
 be
applicable to all Class A special wastes which are
delivered to
 a special waste hauler on or after January
1,
 1991.
gj.
 Every person who delivers Class B special waste to a
special waste hauler,
 and every person who accepts
Class B special waste from a special waste hauler shall
file
 a report,
 on forms prescribed or provided by the
Agency,
 summarizing all such activity during the
preceding year,
 ending on August
 1.
 Such reports
shall,
 at a minimum include the information specified
in subsection
 (h)
 of this Section and shall
 be mailed
no
 later
 than
 October
 1,
 i.e.,
 two
 months
 following
 the
end
 of the preceeding year.
 This subsection shall be
applicable
 to
 all
 Class
 B
 special
 wastes
 which
 are
delivered to a special waste hauler on or after January
1,
 1991.
i~j
 Every quarterly or annual report required to be fIled
with the Agency by
 a generator pursuant to subsection
(f)
 or
 (g)
 of this Section shall include the following:
fl
 The IEPA
 identification
 number,
 name
 and address
of
 the
 generator
21
 The period
 (calendar quarter or year)
 covered by
the report
~J
 The IEPA identification
 number,
 name and address
for each off—site treatment,
 storage or disposal
facility in the United States to which waste was
shipped during
 the period
~j
 The name and IEPA identification number of each
transporter used during the period for shipments
to
 a treatment,
 storage or disposal facility
within the United States
~j
 The IEPA supplemental permit identification number
issued
 for the wastestream
 shipped off-site
~j
 ~
 ~guantity
 of
 each wastestre~p shipped
off—site, iis~~_byIEPA identification
number
 o~.
each receiving
 site;
 and
11 4—4 7 3
42
fl
 A
 certification
 signed
 by
 the
 generator
 or
 the
generator’s authorized representative.
il
 Every
 quarterly or annual report required to be filed
with the Agency by a person accepting special waste
from a waste hauler pursuant to subsection
 (f)
 or
 (g)
of this Section shall
 include the following
information:
fl
 The
 IEPA
 identification
 number,
 name
 and
 address
of
 the
 facility
21
 The period
 (calendar quarter or year)
 covered by
the
 report
~j
 For off—site facilities,
 the IEPA identification
number of each hazardous waste generator from
which the facility received a non—hazardous
special waste during the period;
 for imported
shipments,
 the report must give the name and
address of the foreign generator
4j
 A description and the quantity of each non-
 hazardous special waste the facility received from
off-site during the period.
 This information must
be
 listed
 by
 IEPA
 identification
 number
 of
 each
generator
~
 The
 method
 of treatment,
 storage or disposal
 for
each non—hazardous special waste;
 and
~j
 A certification signed by the owner or operator of
the facility or the owner or operator’s authorized
representative.
(Source:
 Amended at
 14
 Ill. Reg.
 ,
 effective
114-4 74