TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 855 OPERATION OF THE HAZARDOUS WASTE FEE SYSTEM
SUBPART A: GENERAL PROVISIONS
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. 111½, 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 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.
"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. 111½, 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.)
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 RECORDS AND
SUBMITTING FEESAND RECORDS
855.201 Supplemental Permits
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), 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 for hazardous wastes from the manifests accompanying all other
special wastes received. Hazardous waste manifest information shall be entered upon the Daily
Hazardous Waste Record pursuant to Section 855.204.
(Source: Amended at 26 Ill. Reg. 8137, effective May 15, 2002)
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 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, 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) 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 26 Ill. Reg. 8137, effective May 15, 2002)
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 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 received during a given month, then such hazardous waste manifests shall not
accompany the Quarterly Hazardous Waste Summary.
(Source: Amended at 26 Ill. Reg. 8137, effective May 15, 2002)
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 the Illinois Environmental Protection
Agency. 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
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
(Source: Amended at 26 Ill. Reg. 8137, effective May 15, 2002)
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)