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Land Treatment Demonstration (Repealed)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(Repealed)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
a) The purpose of this Part is to prohibit the disposal of certain hazardous
wastes in landfills. "Hazardous waste" is as defined in 35 Ill. Adm. Code
721. 35 Ill. Adm. Code 709 requires wastestream authorizations for
certain wastestreams.
b) Unless otherwise indicated, the requirements of this Part apply to all
landfills, or "sanitary landfills" as defined in the Environmental Protection
Act (Act) (Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1001 et seq.). Landfills
include both non-hazardous and hazardous waste landfills permitted under
Sections 21(d) or 21(f) of the Act. Unless otherwise indicated, "landfills"
includes surface impoundments and waste piles in which waste residues
are expected to remain after closure, and land application.
c) The provisions of 35 Ill. Adm. Code 721.105 notwithstanding, the
landfilling prohibitions of this Part apply to all persons, including small
quantity generators, unless otherwise indicated in this Part.
d) The landfilling prohibitions of this Part do not apply to residues of
hazardous waste in containers, or empty liners removed from containers,
as defined in 35 Ill. Adm. Code 721.107.
e) The provisions of this Part are intended to supplement the requirements of
35 Ill. Adm. Code 722, 723, 724, 725, 807 and 809. No provisions of
those regulations should be read as permitting the disposal of any
hazardous waste in any manner prohibited under this Part.
f) The provisions of this Part are intended to proscribe any conduct by
generators, transporters, treaters or disposers of waste which results in
placement of a prohibited waste in a landfill.
(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
a) This Subpart prohibits the landfilling of wastes containing halogenated
compounds. Rules are included to differentiate these from other wastes.
b) Halogenated compounds are a class of organic solvents. As a class
halogenated compounds are not very soluble in water; therefore, in a
complex system, they will be found in a non-aqueous phase associated
with any other organic solvents present. This Subpart assumes that any
halogenated compounds present will be more concentrated in any non-
aqueous liquid phase. The halogen concentration in the non-aqueous
liquid phase is used to determine whether the phase should be regulated as
an halogenated solvent or as an organic solvent.
c) Organic solvent phases, whether they include halogenated compounds or
not, pose a threat to the impermeability of clay and synthetic landfill
liners.
d) Aqueous solutions of halogenated compounds placed directly into the
landfill, could damage synthetic liners and move into groundwater.
e) Because of their differing impacts on landfills, the Board intends to
encourage the separation prior to disposal of phases in multiphase wastes,
and intends to encourage the separation of wastestreams during generation
to avoid the formation of multiphase wastes.
Section 729.201 No Circumvention
a) No person shall cause or allow the mixing or dilution of wastes containing
halogenated compounds in order to evade the landfilling prohibitions of
this Subpart.
b) For purposes of determining quantity exemptions, any waste which is
transferred prior to ultimate disposal shall be attributed to the last person
who used the solvent.
Section 729.202 Incorporations by Reference
a) The following materials are incorporated by reference: American Society
for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103:
1) ASTM D2361-66 (Reapproved 1978)
2) ASTM E442-74 (Reapproved 1981)
b) This Part incorporates no future editions or amendments.
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.
Component: An element or compound present in a "phase" or "system".
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.
Liquid: A waste, or part of a waste, which yields any fluid when subjected
to the paint filter test described in Section 729.320.
Non-aqueous phase: A "phase" which contains 500 g/kg or less of water.
One-phase system: A "system" with one and only one "phase".
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.
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.
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.
System: A single isolated "phase" or a set of two or more "phases" which
are in physical contact.
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).
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
a) No person shall cause or allow to be placed in any landfill any hazardous
waste containing an aqueous liquid phase containing more than 14,000 mg
of halogenated compounds in any 1 kg.
b) An aqueous liquid phase containing more than 10,000 mg of total organic
halogen, as measured by the TOX test, in any 1 kg is assumed to contain
more than 14,000 mg of halogenated compounds per kilogram, unless the
contrary is shown by a more definitive test whose validity is demonstrated
to the Agency.
Section 729.242 Solids Containing Halogenated Compounds
a) No person shall cause or allow any hazardous waste which is a solid to be
placed in any landfill if the waste forms a non-aqueous liquid phase which
is an halogenated solvent when a representative sample of the waste is
mixed with water.
b) The prohibition of paragraph (a) shall become effective on July 1, 1986.
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.)
"Agency" means the Illinois Environmental Protection Agency
"Board" means the Illinois Pollution Control Board
"Generator" is as defined in 35 Ill. Adm. Code 720.110
"Hazardous Waste" is a hazardous waste as defined at 35 Ill. Adm. Code
721.103
"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".
"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)
"Liquid hazardous waste" is a hazardous waste which yields any fluid
when subjected to the test procedure described in Section 729.320.
"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.
"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.
"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".
"Treater" is a person who engages in treatment of hazardous waste. A
"treater" may be a "generator", but may not be the "original generator".
"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
a) The following materials are incorporated by reference: 49 CFR 173, 178
and 179 (1984).
b) This Part incorporates no future editions or amendments.
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)
Section 729.310 Liquid Hazardous Waste Restriction
a) Liquids: NO PERSON SHALL CAUSE, THREATEN OR ALLOW THE
DISPOSAL IN A LANDFILL OF ANY LIQUID HAZARDOUS
WASTE, UNLESS THE GENERATOR HAS DEMONSTRATED THAT,
CONSIDERING CURRENT TECHNOLOGICAL FEASIBILITY AND
ECONOMIC REASONABLENESS, THE HAZARDOUS WASTE
CANNOT BE REASONABLY SOLIDIFIED, STABILIZED OR
RECYCLED FOR REUSE, NOR INCINERATED OR CHEMICALLY,
PHYSICALLY OR BIOLOGICALLY TREATED SO AS TO
NEUTRALIZE THE HAZARDOUS WASTE AND RENDER IT
NONHAZARDOUS. (Sections 22.6(a) and 22.6(c) of the Act)
b) Residuals: No person shall engage in the treatment of a liquid hazardous
waste and cause, threaten or allow the disposal in a landfill of a residual
from such treatment unless the residual meets one of the following
standards.
1) Non-hazardous Residuals: The residual may be landfilled if it no
longer meets the definition of "hazardous waste".
2) Liquid Removal: For wastes in which treatment is accomplished
only through extraction, volatilization, evaporation, thermal
destruction or other removal of liquids, the residual may be
landfilled if it no longer meets the definition of "liquid hazardous
waste".
3) Solidification: The residual may be landfilled if it no longer meets
the definition of "liquid hazardous waste" and possesses a load-
bearing capacity of at least 2.0 tons per square foot as determined
by application of the test procedure described in Section 729.321.
c) No person shall cause, threaten or allow the disposal in a landfill of a
residual from the treatment of a liquid hazardous waste which does not
meet one of the standards of paragraph (b), and for which the Agency has
not issued a wastestream authorization pursuant to 35 Ill. Adm. Code
709.401(a). Reasonable reliance on a generator's description of the waste
shall be a complete defense to violation of this paragraph.
(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
a) Neither labwaste nor non-periodic waste is subject to the restriction of
Section 729.310 or Section 22.6 of the Act if it is in a labpack.
b) A labpack is a drum containing small containers of hazardous waste
meeting the following criteria:
1) Hazardous waste must be packaged in non-leaking inside
containers. The inside containers must be of a design and
constructed of a material which will not react dangerously with, be
decomposed by or be ignited by the contained waste. Inside
containers must be tightly and securely sealed. The inside
containers must be of the size and type specified in the Department
of Transportation (DOT) hazardous materials regulations (49 CFR
173, 178 and 179 (1984)), if those regulations specify a particular
inside container for the waste.
2) The inside containers must be overpacked in an open head DOT-
specification metal shipping container (49 CFR 178 and 179
(1984)) of no more than 416 liter (110 gallon) capacity and
surrounded by, at a minimum, a sufficient quantity of absorbent
material to completely absorb all of the liquid contents of the
inside containers. The metal outer container must be full after
packing with inside containers and absorbent material.
3) In accordance with 35 Ill. Adm. Code 724.117(b), the absorbent
material used must not be capable of reacting dangerously with,
being decomposed by or being ignited by the contents of the inside
containers.
4) Incompatible wastes, as defined in 35 Ill. Adm. Code 720.110,
must not be placed in the same outside container.
5) Reactive wastes, other than cyanide or sulfide-bearing waste as
defined in 35 Ill. Adm. Code 721.123(a)(5), must be treated or
rendered non-reactive prior to packaging in accordance with
paragraphs (1) through (4). Cyanide and sulfide-bearing reactive
waste may be packed in accordance with paragraphs (1) through
(4) without first being treated or rendered non-reactive.
(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
a) Apparatus
1) Ringstand approximately 10 cm in diameter
2) ml graduated cylinder
3) micron conical paint filter approximately 15 cm in diameter
4) Watch glass.
b) Procedure
1) Collect a 100 ml representative sample of the hazardous waste.
2) Mix the sample thoroughly.
3) Bring the sample and the filter to a temperature of not less than 20
degrees C (68 degrees F) and to ambient pressure.
4) Place the filter in the ringstand.
5) Place the sample in the filter and cover with the watch glass.
6) Maintain the sample and the filter at the temperature and pressure
specified in paragraph (3) for five minutes.
7) Observe whether any fluid portion of the sample drops from the
bottom of the filter during the period of time specified in paragraph
(6).
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)
Section 729.321 Load-bearing Capacity Test
a) Apparatus: Soil penetrometer with a range of 0 to 4.5 tons per square foot
b) Procedure
1) Collect a representative sample of the treatment residual. If the
material is a monolithic solid proceed to step (2). If the material is
granular it should be compacted.
2) Grasp the penetrometer by the handle and push the point into the
sample by hand, at a constant rate, up to the calibration mark.
3) Read the unconfined compressive strength on the low-load side of
the indicator ring.
4) Return indicator ring to initial position for the next test.
5) Repeat the test at least 3 times and average the result.
(Source: Amended at 10 Ill. Reg. 4864, effective March 7, 1986)