TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 729
PROHIBITED HAZARDOUS WASTES IN LAND DISPOSAL UNITS
SUBPART A: GENERAL
Section
729.100 |
Purpose, Scope and Applicability |
729.101 |
Severability |
SUBPART B: HALOGENATED SOLVENTS
Section
729.200 |
Purpose, Scope and Applicability |
729.201 |
No Circumvention |
729.202 |
Incorporations by Reference |
729.203 |
Waste Analysis Plan |
729.204 |
Land Treatment Demonstration (Repealed) |
729.205 |
Effect on Wastestream Authorizations and Supplemental Permits (Repealed) |
729.220 |
Definitions |
729.221 |
Halogenated Compound--Definition |
729.222 |
Halogenated Solvent--Definition |
729.223 |
Halogen Content Presumption |
729.224 |
Partition Presumption |
729.240 |
Non-aqueous Liquid Phases which are Halogenated Solvents |
729.241 |
Aqueous Solutions of Halogenated Compounds |
729.242 |
Solids Containing Halogenated Compounds |
729.262 |
Recycling Residues |
729.263 |
Small Quantity Generators |
SUBPART C: LIQUID HAZARDOUS WASTES
Section
729.301 |
Definitions |
729.302 |
Waste Analysis Plan |
729.303 |
Incorporations by Reference |
729.310 |
Liquid Hazardous Waste Restriction |
729.311 |
Prohibition of Non-hazardous Liquids in Hazardous Waste Landfills |
729.312 |
Labpacks |
729.313 |
Biodegradable Absorbents |
729.320 |
Test for Liquids |
729.321 |
Load-bearing Capacity Test |
AUTHORITY: Implementing Sections 22(g), 22.4(b), 22.6 and 39(h) of the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1022(g), 1022.4(b), 1022.6 and 1039(h)) and authorized by Sections 22.6 and 27 of the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1022.6 and 1027.
SOURCE: Emergency rule adopted in R83-28A at 8 Ill. Reg. 12668, effective July 5, 1984 for a maximum of 150 days; adopted in R81-25 at 8 Ill. Reg. 24124, effective December 4, 1984; amended in R83-28B at 9 Ill. Reg. 718, effective January 3, 1985; amended in R83-28C at 10 Ill. Reg. 4864, effective March 7, 1986; emergency amendment in R86-9A at 10 Ill. Reg. 19787, effective November 5, 1986, for a maximum of 150 days.
NOTE: Capitalization is used to indicate that the language quotes or paraphrases a statute.
SUBPART A: GENERAL
Section 729.100 Purpose, Scope and Applicability
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(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986) | |
Section 729.101 Severability
If any provision of this Part is adjudged invalid, or if the application to any person or in any circumstance is adjudged invalid, such invalidity shall not affect the validity of this Part as a whole, or of any Subpart, Section, paragraph, sentence or clause which has not been adjudged invalid.
SUBPART B: HALOGENATED SOLVENTS
Section 729.200 Purpose, Scope and Applicability
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Section 729.201 No Circumvention
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Section 729.202 Incorporations by Reference
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Section 729.203 Waste Analysis Plan
The owner or operator of a landfill disposing of hazardous waste must, within thirty days after the effective date of this section, develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to ensure that the facility complies with the prohibition stated in this Subpart. The owner or operator must keep this plan at the facility. A copy of the plan shall be submitted to the Agency within thirty days after the effective date of this section.
Section 729.204 Land Treatment Demonstration
This Subpart shall not bar the issuance of a RCRA permit pursuant to Section 21(f) of the Act and 35 Ill. Adm. Code 703 for land treatment of hazardous waste if the owner or operator demonstrates, pursuant to 35 Ill. Adm. Code 703.206, 703.230 and 724.372, that any halogenated compounds in the waste will be completely degraded, transformed or immobilized in the treatment zone.
Section 729.205 Effect on Wastestream Authorizations and Supplemental Permits (Repealed)
(Source: Repealed at 9 Ill. Reg. 718, effective January 3, 1985)
Section 729.220 Definitions
As used in this Subpart, terms have the following meanings:
Aqueous phase: A "phase" in which water is the solvent, constituting more than 500 g/kg. |
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Component: An element or compound present in a "phase" or "system". |
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Emulsion: A "system", including two or more liquid "phases", which is not separated into layers. For purposes of this Subpart, an emulsion which does not form layers within one hour is one phase. |
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Liquid: A waste, or part of a waste, which yields any fluid when subjected to the paint filter test described in Section 729.320. |
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Non-aqueous phase: A "phase" which contains 500 g/kg or less of water. |
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One-phase system: A "system" with one and only one "phase". |
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Phase: A physically distinct portion of a dispersion or solution which at least in principle could be mechanically separated from the remainder of the material. For purposes of this Subpart, a container is not a phase, nor is a vapor above a waste. Emulsions and suspensions are a single phase if they do not form layers within one hour. |
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Solid: A waste, or part of a waste, which contains no free liquid as determined from the paint filter test described in Section 729.320. |
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Suspension: A "system", including a "solid" phase and a "liquid" phase, which is not separated into layers. For purposes of this Subpart, a suspension which does not form layers within one hour is one phase. |
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System: A single isolated "phase" or a set of two or more "phases" which are in physical contact. |
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TOX test: Either of the tests for total organic halogen incorporated by reference in Section 729.202, ASTM D2361-66 (Reapproved 1978) or ASTM E442-74 (Reapproved 1981). |
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Two-phase system: A "system" with two "phases". |
Section 729.221 Halogenated Compound--Definition
As used in this Subpart, the term "halogenated compound" shall mean any of the following chemicals:
B010 |
benzene, chloro- |
B020 |
benzene, 1,2-dichloro- |
B090 |
carbon tetrachloride |
B030 |
chlorinated fluorocarbons |
B040 |
ethane, 1,1,1-trichloro- |
B050 |
ethane, 1,1,2-trichloro-1,2,2-trifluoro- |
B060 |
ethene, tetrachloro- |
B070 |
ethene, trichloro- |
B070 |
ethinyl trichloride |
B080 |
methane, dichloro- |
B090 |
methane, tetrachloro- |
Bl00 |
methane, trichlorofluoro- |
B040 |
methyl chloroform |
B080 |
methylene chloride |
B080 |
methylene dichloride |
B020 |
orthodichlorobenzene |
B060 |
perchloroethylene |
B010 |
phenyl chloride |
B060 |
tetrachloroethylene |
B070 |
trichloroethylene |
Bl00 |
trichloromonofluoromethane |
Section 729.222 Halogenated Solvent--Definition
An "halogenated solvent" is a non-aqueous liquid phase containing more than 14,000 mg of halogenated compounds in any 1 kg.
Section 729.223 Halogen Content Presumption
A non-aqueous liquid phase containing 10,000 mg/kg, or more, total organic halogen, as measured by the TOX test, is assumed to be an halogenated solvent unless it is shown, by a more definitive test whose validity is demonstrated to the Agency, that less than 14,000 mg of the halogenated compounds listed in Section 729.221 are present in any 1 kg of the phase.
Section 729.224 Partition Presumption
It is assumed that, in a multi-phase system, the concentration of halogenated compounds and the total organic halogen concentration in any non-aqueous phase exceeds the concentration of halogenated compounds and the total organic halogen concentration, respectively, in the entire system and in any aqueous phase, unless the contrary is shown by a test whose validity is demonstrated to the Agency.
Section 729.240 Non-aqueous Liquid Phases which are Halogenated Solvents
No person shall cause or allow any hazardous waste containing a non-aqueous liquid phase which is an halogenated solvent to be placed in any landfill.
Section 729.241 Aqueous Solutions of Halogenated Compounds
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Section 729.242 Solids Containing Halogenated Compounds
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Section 729.262 Recycling Residues
This Subpart does not apply to sludges and still bottoms produced from recycling of halogenated solvents in which at least 30% of the waste is recovered for reuse. This exemption shall expire on July 1, 1986.
Section 729.263 Small Quantity Generators
This Subpart applies only to hazardous waste for which a manifest would have to be prepared pursuant to 35 Ill. Adm. Code 722.120 or 809.501 if the waste were transported off the site or facility.
SUBPART C: LIQUID HAZARDOUS WASTES
Section 729.301 Definitions
"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1001 et seq.) |
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"Agency" means the Illinois Environmental Protection Agency |
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"Board" means the Illinois Pollution Control Board |
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"Generator" is as defined in 35 Ill. Adm. Code 720.110 |
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"Hazardous Waste" is a hazardous waste as defined at 35 Ill. Adm. Code 721.103 |
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"Labwaste" is a liquid hazardous waste generated by an activity in a laboratory engaged in teaching, testing or research, in a quantity totaling less than 100 kg per month for the activity. Wastes which are periodically produced as a result of a production process are not "labwaste". |
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"LANDFILL" IS A DISPOSAL UNIT OR PART OF A FACILITY WHERE HAZARDOUS WASTE IS PLACED IN OR ON LAND AND WHICH IS NOT A LAND TREATMENT UNIT, A SURFACE IMPOUNDMENT OR AN UNDERGROUND INJECTION WELL. (Section 22.6(d) of the Act) |
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"Liquid hazardous waste" is a hazardous waste which yields any fluid when subjected to the test procedure described in Section 729.320. |
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"Non-periodic waste" is a liquid hazardous waste in a quantity of less than 100 kg which will not be generated again by that generator. |
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"Original generator" is a person who generates hazardous waste as a result of an activity or production process other than the treatment of hazardous waste. |
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"Residual" is any material other than a gas which remains after, or is generated by, the treatment of a liquid hazardous waste. A "residual" may itself be a "liquid hazardous waste". |
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"Treater" is a person who engages in treatment of hazardous waste. A "treater" may be a "generator", but may not be the "original generator". |
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"Treatment" is treatment as defined at 35 Ill. Adm. Code 720.110. 35 Ill. Adm. Code 703.123(h) and 724.101(g)(10) notwithstanding, as used in this Subpart, "treatment" specifically includes the addition of absorbent materials to a liquid hazardous waste or vice versa. Provided, however, that "treatment" shall not include those activities carried out to immediately contain or treat a spill of a liquid hazardous waste or a material which, when spilled, becomes a liquid hazardous waste, to the extent such treatment meets the exemption of 35 Ill. Adm. Code 724.101(g)(8) or 725.101(c)(11), whichever is applicable. |
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)
Section 729.302 Waste Analysis Plan
The owner or operator of a landfill disposing of hazardous waste must develop and follow a written waste analysis plan which describes the procedures which he will carry out to ensure that the facility complies with the prohibition stated in Section 729.310. He must keep this plan at the facility. A copy of the plan shall be submitted to the Agency.
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)
Section 729.303 Incorporations by Reference
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(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986) | |
Section 729.310 Liquid Hazardous Waste Restriction
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(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986) | |
Section 729.311 Prohibition of Non-hazardous Liquids in Hazardous Waste Landfills
No person shall cause, threaten or allow the placement into a landfill permitted to receive hazardous waste of any non-hazardous waste which yields any fluids when subjected to the test procedure described in Section 729.320.
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)
Section 729.312 Labpacks
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(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986) | |
Section 729.313 Biodegradable Absorbents
No person shall cause, threaten or allow the disposal in any landfill of any liquid hazardous waste containing an absorbent material which, because of microbial action, will degrade faster than the waste.
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)
Section 729.320 Test for Liquids
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(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986) | |
Section 729.321 Load-bearing Capacity Test
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(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986) | |