OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM

SUBPART A: GENERAL PROVISIONS

Section

855.101

Applicability

855.102

Definitions

855.103

Exemptions from Hazardous Waste Fees

855.104

Existing Agency Manifest System

SUBPART B: PROCEEDINGS FOR COLLECTING FEES, KEEPING RECORDS

AND SUBMITTING FEES AND RECORDS

Section

855.201

Supplemental Permits

855.202

Manifests for Hazardous Wastes

855.203

Records

855.204

Daily Hazardous Waste Record

855.205

Monthly Hazardous Waste Summary

855.206

Quarterly Hazardous Waste Summary

855.207

Supplemental Hazardous Waste Record

855.208

Retention of Records

855.209

Measurement and Conversion

855.210

Quarterly Submission of Fees and Records

855.211

Quarterly Submission of Money and Records (Repealed)

855.212

Manner of Payment

855.213

Annual Report Reconciliation

AUTHORITY

: Implementing and authorized by Section 22.2(c) of the Environmental

Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, par. 1022.2(c), as amended by PA

85-1343, effective January 1, 1989).

SOURCE

: Emergency rules adopted at 8 Ill. Reg. 6956, effective May 4, 1984 for a

maximum of 150 days; adopted at 8 Ill. Reg. 19015, effective September 26, 1984;

amended at 12 Ill. Reg. 6094, effective March 22, 1988; amended at 13 Ill. Reg.

13206, effective August 7, 1989.

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Section 855.101 Applicability

a) The regulations of this Part apply to owners and operators of:

1) Hazardous waste disposal sites, including underground injection

wells, located off the site where the waste is generated;

2) Hazardous waste disposal sites, including underground injection

wells, located on the site where the waste is generated; and

3) Hazardous waste treatment sites which are located off the site

where the waste is produced and are owned, controlled and

operated by a person other than the generator of the waste.

b) Fees are imposed upon the quantity of hazardous waste received at

treatment sites and off-site disposal sites (not including underground

injection wells), measured in either gallons or cubic yards; upon the

quantity of hazardous waste disposed at on-site disposal sites (not

including underground injection wells), measured in either gallons or

cubic yards; and upon the quantity of hazardous waste injected into

underground injection wells, measured in gallons per year.

Section 855.102 Definitions

The following definitions shall apply to this Part:

"Agency":

The Environmental Protection Agency established by the

Environmental Protection Act

(Ill. Rev. Stat. 1983, ch. 111 1/2, pars.

1001 et seq.).

"Disposal":

The discharge, deposit, injection, dumping, spilling, leaking

or placing of any waste or hazardous waste into or on any land or water

or into any well so that such waste or hazardous waste or any constituent

thereof may enter the environment or be emitted into the air or

discharged into any waters, including ground waters

.

"Garbage":

Waste resulting from the handling, processing, preparation,

cooking, and consumption of food, and wastes from the handling,

processing, storage, and sale of produce

.

"Generator Number": The number assigned by the Division of Land

Pollution Control of the Agency to a generator of special waste.

"Hazardous Hospital Waste":

Waste generated in connection with patient

care that is contaminated with or may be contaminated with an infectious

agent that has the potential of inducing an infection and has not been

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rendered innocuous by sterilization or incineration

.

"Industrial Process Waste":

Any liquid, solid, semi-solid, or gaseous

waste generated as a direct or indirect result of the manufacture of a

product or the performance of a service. Any such waste which would

pose a present or potential threat to human health or the environment or

with inherent properties which make the disposal of such waste in a

landfill difficult to manage by normal means is an industrial process

waste. "Industrial process waste" includes, but is not limited to spent

pickling liquors, cutting oils, chemical catalysts, distillation bottoms,

etching acids, equipment cleanings, paint sludges, incinerator ashes,

core sands, metallic dust sweeping, 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

.

"Manifest": The form provided or prescribed by the Agency and used

for identifying the name and 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

35 Ill. Adm. Code 809, and by 35 Ill. Adm. Code 722.120 to 722.123.

"Municipal Waste":

Garbage, general household and commercial waste,

landscape waste and contruction or demolition debris

.

"Off-Site Hazardous Waste Disposal Site": A hazardous waste disposal

site located off the site where such waste is produced.

"Off-Site Hazardous Waste Treatment Site": A hazardous waste

treatment site which is located off the site where such waste is produced

and is owned, controlled and operated by a person other than the

generator of the waste.

"On-Site Hazardous Waste Disposal Site": A hazardous waste disposal

site located on the site where such waste is produced.

"Pollution Control Waste":

Any liquid, solid, semi-solid or gaseous

waste generated as a direct or indirect result of the removal of

contaminants from the air, water or land, and which pose a present or

potential threat to human health or to the environment or with inherent

properties which make the disposal of such waste in a landfill difficult to

manage by normal means. "Pollution control waste" includes but is not

limited to water and wastewater treatment plant sludges, baghouse dusts,

scrubber sludges and chemical spill cleanings

.

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"Recycling, Reclamation or Reuse":

A method, technique, or process

designed to remove any contaminant from waste so as to render such

waste reusable

.

"Site":

Any location, place, tract of land, and facilities, including but

not limited to buildings, and improvements used for purposes subject to

regulation or control by the Environmental Protection Act

(Ill. Rev. Stat.

1983, ch. 111 1/2, pars. 1001 et eq.)

or regulations thereunder

.

"Site Number": The number assigned by the Division of Land Pollution

Control of the Agency to a waste management site.

"Special Waste":

Any industrial process waste, pollution control waste or

hazardous waste

.

"Treatment":

Any method, technique or process, including neutralizaton,

designed to change the physical, chemical, or biological character or

composition of any hazardous waste so as to neutralize such waste or so

as to render such waste nonhazardous, safer for transport, amenable for

recovery, amenable for storage, or reduced in volume. Such term

includes any activity or processing designed to change the physical form

or chemical composition of hazardous waste so as to render it

nonhazardous, but shall not include recycling, reclamation or reuse.

"Underground Injection":

The subsurface emplacement of fluids by well

injection

.

"Vehicle Number": The number assigned by the Division of Land

Pollution Control of the Agency to a vehicle which hauls special waste

under a special waste hauling permit issued pursuant to 35 Ill. Adm.

Code 809.

"Waste":

Any garbage, sludge from a waste treatment plant, water

supply treatment plant, or air pollution control facility or other discarded

material, including solid, liquid, semi-solid, or contained gaseous

material resulting from industrial, commercial, mining and agricultural

operations, and from community activities, but does not include solid or

dissolved material in domestic sewage, or a solid or dissolved materials

in irrigation return flows or industrial discharges which are point

sources subject to permits under Section 402 of the Clean Water Act or

source, special nuclear, or by-product materials as defined by the Atomic

Energy Act of 1954, as amended

(42 U.S.C.A. 2011 et seq.)

or any solid

or dissolved material from any facility subject to the Federal Surface

Mining Control and Reclamation Act of 1977

(30 U.S.C.A. 1201 et seq.)

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or the rules and regulations thereunder or any law or rule or regulation

adopted by the state of Illinois pursuant thereto

.

"Well":

A bored, drilled or driven shaft, or dug hole, the depth of which

is greater than the largest surface dimension

.

Section 855.103 Exemptions from Hazardous Waste Fees

Section 22.6(b)(5) of the Environmental Protection Act (the Act) provides an

exemption from the hazardous waste fee

for sludge from a publicly-owned sewage

works generated in Illinois, coal mining wastes and refuse generated in Illinois, bottom

boiler ash, flyash and flue gas desulphurization sludge from public utility electric

generating facilities located in Illinois and bottom boiler ash and flysash from all

incinerators which process solely municipal waste

. This exemption is the only

exemption from the hazardous waste fee system. In addition, where a hazardous waste

has been treated at a hazardous waste treatment site at which a hazardous waste fee has

been paid, it shall not be subject to any other hazardous waste fee imposed by

subsection 22.2(b) of the Act. All other hazardous waste, no matter what the source or

quantity, is subject to the fee.

(Source: Amended at 13 Ill. Reg. 13206, effective August 7, 1989)

Section 855.104 Existing Agency Manifest System

The Agency's Division of Land Pollution Control operates a manifest system which is

relevant to the operation of the fee system. This system is established by 35 Ill. Adm.

Code 809 for both hazardous and non-hazardous special wastes, and by 35 Ill. Adm.

Code 722.120 to 722.123 for hazardous wastes. It requires that each shipment of

hazardous waste (as well as each shipment of non-hazardous special waste) into, out of

or within the State of Illinois be accompanied by a manifest. This manifest must

contain the authorization number (supplemental permit number, if such a permit is

required); the name of the generator and generator number; the name of the hauler and

vehicle number; the name of the disposal, treatment or storage site and site number; the

quantity and generic name of the hazardous (or non-hazardous special) waste and the

Hazardous Waste Identification Number as determined under 35 Ill. Adm. Code 721.

It must also be signed by the generator, the hauler and the site operator. All parties

and the Agency then receive copies of the completed manifest.

SUBPART B: PROCEEDINGS FOR COLLECTING FEES, KEEPING

Section 855.201 Supplemental Permits

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Where a supplemental permit for the disposal or treatment or injection of special waste

is required under 35 Ill. Adm. Code 807.210, the Agency will determine if the waste is

hazardous and subject to the fee imposed by Section 22.2 of the Act. Such

determination shall be made in accordance with 35 Ill. Adm. Code 721. If the waste is

hazardous and subject to the fee, the Agency will write the words, "Subject to Fee" on

the supplemental permit. Copies of the supplemental permit will then be mailed to the

generator and the site operator.

(Source: Amended at 12 Ill. Reg. 6094, effective March 22, 1988)

Section 855.202 Manifests for Hazardous Wastes

Upon receipt of a shipment of special waste accompanied by a manifest (35 Ill. Adm.

Code 809.103) or, where required, a bill of lading (35 Ill. Adm. Code 809.211(g)), the

site operator shall, by checking the applicable supplemental permit or letter of

notification, determine if the waste is hazardous and subject to the fee. The site

operator shall then segregate all manifests and bills of lading for hazardous wastes from

the manifests or bills of lading accompanying all other special wastes received.

Hazardous waste manifest and bill of lading information shall be entered upon the

Daily Hazardous Waste Record pursuant to Section 855.204.

(Source: Amended at 12 Ill. Reg. 6094, effective March 22, 1988)

Section 855.203 Records

Every site operator shall keep a record of all hazardous waste received or disposed or

injected at the site on forms provided by the Agency. On-site hazardous waste disposal

sites, including underground injection wells, and hospitals, to the extent that they treat

or dispose of on-site hazardous hospital waste, shall keep a Quarterly Hazardous Waste

Summary. All other hazardous waste sites under this Part shall keep the following

documents:

a) Daily Hazardous Waste Record;

b) Monthly Hazardous Waste Summary;

c) Quarterly Hazardous Waste Summary;

d) Supplemental Hazardous Waste Record; and

e) Hazardous Waste Deposited Into A Monofill Quarterly Report.

(Source: Amended at 13 Ill. Reg. 13206, effective August 7, 1989)

Section 855.204 Daily Hazardous Waste Record

a) The Daily Hazardous Waste Record shall be maintained at the site and

shall include the receipt record day, the date, the site number and the site

name. This Record shall also list each hazardous waste stream received

or injected on a given date. Such listing shall be by the supplemental

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permit number for the waste, if such a permit is required, or by

individual waste stream, if a supplemental permit is not required, and

shall include the following information:

1) Supplemental permit number, or description of the waste stream

if such a permit is not required;

2) Manifest number or bill of lading, if required;

3) Generator number, if applicable;

4) Cubic Yards or Gallons Subject to Fee;

5) Cubic Yards or Gallons Exempt Due to Maximum Fee Paid; and

6) Whether the waste was treated or disposed.

b) If the waste is accompanied by a bill of lading pursuant to 35 Ill. Adm.

Code 809.211(g), the letters "ICC" should be placed in the column

marked " Manifest Number." The quantity of waste received or

injected shall be designated in either the cubic yards column or the

gallons column.

c) At the conclusion of each day's operations, the total quantity of waste

subject to fee received in cubic yards, the total quantity of waste subject

to fee received in gallons, the total quantity of cubic yards exempt due to

maximum fee paid, and the total quantity of gallons exempt due to

maximum fee paid shall be calculated and entered on the Daily

Hazardous Waste Record.

(Source: Amended at 13 Ill. Reg. 13206, effective August 7, 1989)

Section 855.205 Monthly Hazardous Waste Summary

The Monthly Hazardous Waste Summary shall include the site number, the site name

and address and the month. This summary shall list the quantity of hazardous waste

subject to the fee that is treated or disposed of in cubic yards or gallons for each day of

the month, the quantity of hazardous waste exempt from fee due to maximum fee paid

that is treated or disposed of in cubic yards or gallons for each day of the month, and

the total quantity of hazardous waste treated or disposed of in cubic yards and in

gallons for each day of the month. The daily quantities shall then be sub-totaled and

totaled for the entire month. The Monthly Hazardous Waste Summary shall be

maintained at the site and shall be submitted to the Agency with the applicable

Quarterly Hazardous Waste Summary.

(Source: Amended at 13 Ill. Reg. 13206, effective August 7, 1989)

Section 855.206 Quarterly Hazardous Waste Summary

Every site operator shall complete a Quarterly Hazardous Waste Summary, covering

the three months of the preceding calendar quarter, on a form provided by the Agency.

The Quarterly Summary shall include the site number, the site name and address, and

the months in the quarter. The Quarterly Summary shall also include the total quantity

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of hazardous waste injected at underground injection wells, or received at other off-site

hazardous waste disposal or treatment sites, or disposed at other on-site hazardous

waste disposal sites, and the total amount of money to be paid.

(Source: Amended at 12 Ill. Reg. 6094, effective March 22, 1988)

Section 855.207 Supplemental Hazardous Waste Record

When an error is discovered in any of the records required to be kept under this Part

which has resulted in an error in the amount reported on the Quarterly Hazardous

Waste Summary as being due to the Hazardous Waste Fund, a Supplemental Hazardous

Waste Record showing the relevant corrections shall be completed by the site operator

and submitted to the Agency, together with an appropriate fee payment, where

applicable. The Supplemental Hazardous Waste Record shall be received by the

Agency no later than the seventh day following the discovery of the error. Errors not

affecting the amount reported as due to the Hazardous Waste Fund, including errors

detected and corrected prior to submission of the applicable Quarterly Hazardous Waste

Summary shall be noted on the next Quarterly Hazardous Waste Summary.

(Source: Amended at 13 Ill. Reg. 13206, effective August 7, 1989)

Section 855.208 Retention of Records

Copies of all records required to be kept under this Part shall be retained by the site

operator for three years and shall be made available at the normal business hours of the

operator for inspection and photocopying by the Agency.

Section 855.209 Measurement and Conversion

The hazardous waste fee is levied in terms of cubic yards and gallons. However,

hazardous waste is sometimes measured in other units. The site operator is responsible

for accurately converting any waste stream into cubic yards or gallons.

Section 855.210 Quarterly Submission of Fees and Records

The Quarterly Hazardous Waste Summary, together with applicable Monthly

Hazardous Waste Summaries and the appropriate fee payment for that quarter shall be

received by the Agency no later than the fifteenth day of the month following the

calendar quarter (i.e., April 15, July 15, October 15 and January 15). If the site

operator is required under 35 Ill. Adm. Code 809 and/or 35 Ill. Adm. code 722.120 to

722.123, to send to the Agency copies of all hazardous waste manifests and bills of

lading received during a given month, then such hazardous waste manifests and bills of

lading shall not accompany the Quarterly Hazardous Waste Summary.

(Source: Amended at 12 Ill. Reg. 6094, effective March 22, 1988)

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Section 855.211 Quarterly Submission of Money and Records (Repealed)

(Source: Repealed at 12 Ill. Reg. 6094, effective March 22, 1988)

Section 855.212 Manner of Payment

Payment shall be made by check or money order payable to Treasurer, State of Illinois.

Such payment, together with all documents required under Sections 855.210 or

855.207, as applicable, shall be mailed to the Agency at the following address:

Fiscal Services Section #2

Illinois Environmental Protection Agency

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois 62794-9276

ATTENTION -- ACCOUNTS RECEIVABLE

(Source: Amended at 12 Ill. Reg. 6094, effective March 22, 1988)

Section 855.213 Annual Report Reconcilation

Each facility Annual Hazardous Waste Report submitted by the site operator to the

Agency pursuant to 35 Ill. Adm. Code 724.175 or 725.175 shall include reconciliation

of the data therein with the data reported to the Agency pursuant to this Part for the

corresponding period. Such reconciliation shall include a detailed explanation of any

discrepancy.

(Source: Added at 12 Ill. Reg. 6094, effective March 22, 1988)