ILLINOIS POLLUTION CONTROL BOARD
September 17,
1992
IN THE MATTER OF:
)
R92—1
RCRA UPDATE, USEPA REGULATIONS)
)
(Identical
in Substance
(7/1/91
—
12/31/91)
)
Rules)
Adopted Rules.
Final Order.
ORDER OF THE BOARD
(by
3.
Anderson):
Pursuant to Section 7.2 and 22.4(a) of the Environmental
Protection Act (Act), the Board is amending the RCRA hazardous
waste regulations.
The amendments involve 35 Ill. Adm. Code 720,
721,
722, 724 and 725.
The Board will not file the adopted rules
with the Administrative Code Division until after October 16,
1992, to allow time for post—adoption comments from the agencies
involved in the authorization process.
The complete text of the rules is attached to this order.
This order is supported by an opinion adopted this same day.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cer ify that the above order was adopted on the
/~ti day of
_____________,
1992,
by
a vote of
7’~
Dorothy N. ,~4inn, Clék
Illinois P~lutionControl Board
0136-0 121
2
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
c:
HAZARDOUS
WASTE OPERATING REQUIREMENTS
PART
720
HAZARDOUS WASTE
MANAGEMENT
SYSTEM:
GENERAL
SUBPART
A:
GENERAL
PROVISIONS
Section
720.101
Purpose, Scope and Applicability
720.102
Availability of Information; Confidentiality of
Information
720.103
Use of Number and Gender
SUBPART B:
DEFINITIONS
Section
720.110
Definitions
720.111
References
SUBPART
C:
RULEMAKING
PETITIONS
AND
OTHER
PROCEDURES
Section
Rulemaking
Alternative Equivalent Testing Methods
Waste Delisting
Procedures for Solid Waste Determinations
Solid Waste Determinations
Boiler Determinations
Procedures for Determinations
Additional regulation of certain hazardous waste
Recycling Activities on a case—by—case Basis
720.141
Procedures for case—by—case regulation of hazardous
waste Recycling Activities
Appendix A
Overview of 40 CFR, Subtitle C Regulations
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill. Rev. Stat.
1991,
ch.
111½, pars.
1022.4 and 1027).
SOURCE:
Adopted in R81—22,
43 PCB 427, at 5 Ill. Reg. 9781,
effective as noted in 35 Ill.
Adm. Code 700.106; amended and
codified in R81—22,
45 PCB 317, at 6 Ill. Reg. 4828, effective as
noted in 35 Ill.
Adm.
Code 700.106; amended in R82-19 at 7 Ill.
Reg. 14015,
effective Oct.
12,
1983; amended in R84—9,
53 PCB 131
at
9
Ill.
Reg.
11819, effective July 24,
1985; amended in R85—22
at 10 Ill.
Reg. 968, effective January 2,
1986; amended in R86—.
at 10 Iii. Reg. 13998, effective August 12,
1986; amended in R86-
19 at 10 Ill. Reg.
20630, effective December 2,
1986; amended in
R86-28 at 11 Ill. Reg.
6017, effective March 24,
1987;
amended in
R86-46 at 11 Iii. Reg.
13435,
effective August
4,
1987; amended
in R87—5 at 11 Ill. Reg.
19280, effective November 12,
1987;
6O?(ZZ
720.
120
720.
121
720. 122
720.130
720.131
720.
132
720.
133
720.140
3
amended in R87—26 at
12
Iii. Reg. 2450, effective January 15,
1988; amended in R87—39 at 12
Ill. Reg.
12999,
effective July 29,
1988; amended in R88—16 at 13
Ill. Reg.
362, effective December
27,
1988; amended in R89—l at 13 Ill. Reg.
18278, effective
November 13,
1989; amended in R89—2 at 14 Ill. Reg._3075,
___
err
ectiveYebruary
20 ,~I99U; a1~en~edtR-9~t14
I.L~R~
6225, effective April 16,
1990; amended in R90—10 at 14 Ill.
Reg.
16450, effective September 25,
1990; amended in R90—17 at 15 Ill.
Reg. 7934, effective May 9,
1991;
amended in R90-11 at 15 Ill.
Reg. 9323,
effective June 17,
1991; amended in R9l—1 at 15 Ill.
Reg. 14446,
effective September 30,
1991;
amended in R9l—l3 at
16 Ill. Reg.
9489, effective June 9,
1992;
amended in R92-1 at
16 Ill. Reg.
effective
SUBPART B:
DEFINITIONS
Section 720.110
Definitions
When used in 35 Iii.
Adin. Code 720 through 726 and 728 only, the
following terms have the meanings given below:
“Aboveground tank” means a device meeting the
definition of “tank” that is situated in such a way
that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and
the entire surface area of the tank (including the tank
bottom)
is able to be visually inspected.
“Act” or “RCRA” means the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act
of 1976, as amended
(42 U.S.C.
6901 et seq.)
“Active life” of a facility means the period from the
initial receipt of hazardous waste at the facility
until the Agency receives certification of final
closure.
“Active portion” means that portion of a facility where
treatment,
storage or disposal operations are being or
have been conducted after May 19,
1980, and which is
not a closed portion.
(See also “closed portion” and
“inactive portion”.)
“Administrator” means the Administrator of the U.S.
Environmental Protection Agency or the Administrator’s
designee.
“Agency” means the Illinois Environmental Protection
Agency.
“Ancillary equipment” means any device including, but
not limited to,
such devices as piping,
fittings,
Qj36O’123
4
flanges, valves and pumps, that is used to distribute,
meter or control the flow of hazardous waste from its
point of generation to storage or treatment tank(s),
between hazardous waste storage and treatment tanks to
a point of disposal onsite, or to a point of shipment
for~i-sposal—~ff-site.
-
“Aquifer” means a geologic formation, group of
formations or part of a formation capable of yielding
a
significant amount of groundwater to wells or springs.
“Authorized representative” means the person
responsible for the overall operation of a facility or
an operational unit (i.e., part of a facility),
e.g.,
the plant manager, superintendent or person of
equivalent
responsibility.
“Board”
means
the
Illinois Pollution Control Board.
“Boiler” means an enclosed device using controlled
flame combustion and having the following
characteristics:
The
unit
must
have physical provisions for
recovering
and
exporting
thermal
energy
in
the
form
of
steam,
heated
fluids
or
heated
gases;
and
the
unit’s combustion chamber and primary energy
recovery section(s) must
be
of
integral
design.
To be of integral design, the combustion chamber
and the primary energy recovery section(s)
(such
as waterwalls and superheaters) must be physically
formed
into
one
manufactured
or
assembled
unit.
A
unit in which the combustion chamber and the
primary energy recovery section(s) are joined only
by ducts or connections carrying flue gas is not
integrally
designed; however, secondary energy
recovery equipment (such
as
economizers
or
air
preheaters)
need not be physically formed into the
same unit as the combustion chamber and the
primary energy recovery section~ The following
units are not precluded from being boilers solely
because they are not of integral design:
process
heaters (units that transfer energy directly to a
process stream), and fluidized bed combustion
units; and
While in operation, the unit must maintain a
thermal energy recovery efficiency of at least 60
percent, calculated in terms of the recovered
energy compared with the thermal value of the
fuel;
and
0I36-O12I~
5
The unit must export and utilize at least 75
percent of the recovered energy, calculated on an
annual
basis.
In this calculation, no credit
shall be given for recovered heat used internally
in the same unit.
(Examples of internal use are
the preheati-ng
of~-f-uel—or--combust±on--air~
-and~the
driving of induced or forced draft fans or
feedwater pumps); or
The unit is one which the Board has determined, on
a case-by—case basis,
to be a boiler, after
considering
the
standards in Section 720.132.
“Carbon
regeneration
unit”
means
any
enclosed
thermal
treatment
device
used
to
regenerate
spent
activated
carbon.
“Certification” means a statement of professional
opinion based upon knowledge and belief.
“Closed Portion” means that portion of a facility which
an
owner
or operator has closed in accordance with the
approved
facility
closure
plan
and all applicable
closure
requirements.
(See
also
“active
portion”
and
“inactive
portion”.)
“Component”
means
either
the
tank or ancillary
equipment
of
a
tank
system.
“Confined
aquifer”
means
an
aquifer
bounded
above
and
below
by
impermeable
beds
or
by
beds
of
distinctly
lower
permeability
than
that
of
the
aquifer
itself; an
aquifer
containing
confined
groundwater.
“Container”
means
any
portable
device
in
which
a
material
is
stored,
transported, treated, disposed of
or
otherwise
handled.
“Contingency
plan”
means
a
document
setting
out
an
organized,
planned and coordinated course of action to
be followed in case of a fire, explosion or release of
hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
“Corrosion expert” means a person who, by reason of
knowledge of the physical sciences and the principles
of engineering and mathematics, acquired by a
professional education and related practical
experience,
is
qualified
to
engage in the practice of
corrosion
control
on
buried
or
submerged
metal
piping
systems
and
metal
tanks.
Such
a
person
must
be
certified
as
being
qualified
.by
the
National
0136-0125
6
Association
of
Corrosion
Engineers
(NACE)
or
be
a
registered
professional
engineer
who
has
certification
or
licensing
that
includes
education
and
experience
in
corrosion
control
on
buried or submerged metal piping
systems
and
metal
tanks.
~Designatea facility” means a hazardous waste
treatment,
storage
or
disposal facility,
Which:
Has
received
a
RCRA
permit
(or
interim
status) pursuant to 35 Ill.
Adm.
Code
702,
703 and 705;
Has
received
a RCRA permit from USEPA
pursuant
to
40
CFR
124
and
270
(19891991);
Has
received
a
RCRA
permit
from
a
state
authorized
by
USEPA
pursuant
to
40
CFR
271
(19891991);
or
Is
regulated
under
35
Ill.
Adm.
Code
721.106(c)
(2)
or
266.Subpart F;
and
Which
has
been
designated
on
the manifest by the
generator
pursuant
to
35
Ill.
Adm.
Code
722.120.
If
a
waste
is
destined
to
a facility in a state,
other
than
Illinois,
which has been authorized by
USEPA
pursuant
to
40
CFR
271,
but
which
has
not
yet
obtained
authorization
to
regulate
that
waste
as hazardous, then the designated facility must be
a facility allowed by the receiving state to
accept
such
waste.
“Dike”
means
an
embankment
or
ridge
of
either
natural
or
manmade
materials
used
to
prevent
the
movement
of
liquids,
sludges,
solids
or
other
materials.
“Director”
means
the
Director
of
the
Illinois
Environmental Protection Agency.
“Discharge” or “hazardous waste discharge” means the
accidental or intentional spilling, leaking, pumping,
pouring,
e~iitting,emptying or dumping of hazardous
waste
into
or on any land or water.
“Disposal”
means
the
discharge,
deposit,
injection,
dumping,
spilling, leaking or placing of any solid
waste or hazardous waste into or on any land or water
so
that
such
solid waste or hazardous waste or any
0136-0126
7
constituent
thereof
may
enter
the
environment
or
be
emitted
into
the
air
or
discharged
into
any
waters,
including groundwaters.
“Disposal facility” means a facility or part of a
~aeility at
hicfr—haz-ardous waste is int-entiona~ll~y
placed into or on any land or water and at which waste
will remain after closure.
“Drip pad” means an engineered structure consisting of
a curbed, free—draining base, constructed of non—
earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation
and surface water run-on to an associated collection
system at wood preserving plants.
“Elementary neutralization unit” means a device which:
Is used for neutralizing wastes which are
hazardous only because they exhibit the
corrosivity characteristic defined in 35 Ill. Adm.
Code
721.122
or
are
listed
in
35 Ill. Adm. Code
721.Subpart
D
only
for
this
reason;
and
Meets
the
definition
of
tank,
tank
system,
container,
transport
vehicle
or
vessel
in
this
Section.
“EPA”
or
“USEPA
“
means United States Environmental
Protection
Agency.
“EPA hazardous waste number” or “USEPA hazardous-waste
number”
means
the
number
assigned
by
EPA
to
each
hazardous waste listed in
35
Ill.
Adm.
Code
721.Subpart
D and to each characteristic identified in 35
Ill.
Adm.
Code 72l.Subpart C.
“EPA identification number” or “USEPA identification
number” means the number assigned by USEPA pursuant to
35 Ill.
Adin. Code 722 through 725 to each generator,
transporter and treatment,
storage or disposal
facility.
“EPA region” means the states and territories found in
any one of the following ten regions:
Region
I:
Maine, Vermont, New Hampshire,
Massachusetts, Connecticut and
Rhode
Island
Region II:
New York, New Jersey, Commonwealth of
Puerto
Rico
and
the
U.S.
Virgin
Islands
0136-0127
8
Region III:
Pennsylvania,
Delaware, Maryland,
West
Virginia,
Virginia
and
the
District
of
Columbia
Region IV:
Kentucky, Tennessee,
North
Carolina,
Mississippi-,
-Alabama~--Georg-ia,—South—Carolina
and
Florida
Region V:
Minnesota, Wisconsin,
Illinois,
Michigan, Indiana and Ohio
Region VI:
New Mexico, Oklahoma, Arkansas,
Louisiana and Texas
Region VII:
Nebraska, Kansas, Missouri and Iowa
Region
VIII:
Montana,
Wyoming,
North Dakota,
South
Dakota,
Utah
and
Colorado
Region IX:
California,
Nevada, Arizona, Hawaii,
Guam, American Samoa and Commonwealth of the
Northern Mariana Islands
Region X:
Washington, Oregon, Idaho and Alaska
“Equivalent method” means any testing or analytical
method
approved
by
the
Board
pursuant
to
Section
720.
120.
“Existing hazardous waste management
(HWM)
facility” or
“existing facility” means a facility which was in
operation or for which construction commenced on or
before November 19,
1980.
A facility had commenced
construction if the owner or operator had obtained the
federal, state and local approvals or permits necessary
to begin physical construction and either:
A continuous on—site, physical construction
program
had
begun
or
The
owner
or
operator
had
entered
into
contractual
obligations
--
which could not be cancelled or
modified without substantial loss
--
for physical
construction of the facility to be completed
within a reasonable time.
“Existing portion” means that land surface area of an
existing waste management unit,
included in the
original
Part
A permit application, on which wastes
have
been
placed prior to the issuance of a permit.
“Existing
tank
system”
or
“existing component” means a
01360128
9
tank
system
or
component
that
is
used
for
the
storage
or
treatment
of
hazardous
waste
and
that
is
in
operation,
or
for
which installation has commenced on
or
prior
to
July
14,
1986.
Installation
will
be
considered
to
have
commenced
if
the
owner or operator
--—--~~~~-all
~
permits necessary to begin physical construction of the
site or installation of the tank system and if either
A continuous on—site physical construction or
installation program has begun; or
The owner or operator has entered into contractual
obligations
—-
which cannot be canceled or
modified
without
substantial
loss
——
for
physical
construction
of
the
site
or
installation
of
the
tank
system
to
be
completed
within
a
reasonable
time.
“Facility”
means
all
contiguous
land
and
structures,
other appurtenances and improvements on the land used
for treating, storing or disposing of hazardous waste.
A facility may consist of several treatment,
storage or
disposal operational units
(e.g., one or more
landfills,
surface
impoundments
or
combinations
of
them).
“Final closure” means the closure of all hazardous
waste management units at the facility in accordance
with all applicable closure requirements so that
hazardous waste management activities under 35
Ill.
Adin.
Code
724
and 725 are no longer conducted at the
facility
unless
subject
to
the
provisions
of
35
Ill.
Adm.
Code
722.134.
“Federal
agency”
means
any
department,
agency
or
other
instrumentality
of
the
federal
government,
any
independent agency or establishment of the federal
government including any government corporation and the
Government
Printing
Office.
“Federal,
state
and
local approvals or permits
necessary
to
begin
physical
construction”
means
permits
and approvals required under federal, state or local
hazardous waste control statutes, regulations or
ordinances.
“Food—chain
crops”
means
tobacco,
crops
grown
for
human
consumption and crops grown for feed for animals whose
products
are
consumed
by
humans.
“Freeboard” means the vertical distance between the top
0136-0129
10
of
a
tank
or
surface
impoundment
dike
and the surface
of
the
waste contained therein.
“Free
liquids”
means
liquids
which
readily
separate
from
the
solid
portion
of
a
waste
under
ambient
temperatur-e—and-pressur~
-
“Generator” means any person, by site, whose act or
process produce hazardous waste identified or listed in
35 Ill. Adm. Code 721 or whose act first causes a
hazardous waste to become subject to regulation.
“Groundwater” means water below the land surface in a
zone of saturation.
“Hazardous waste” means a hazardous waste as defined in
35
Ill.
Adxn.
Code
721.103.
“Hazardous waste constituent” means a constituent which
caused the hazardous waste to be listed in
35
Ill.
Adm.
Code
72l.Subpart
D,
or
a
constituent
listed
in
of
35
Ill.
Adm.
Code
721.124.
“Hazardous waste management unit” is a contiguous area
of
land
on
or in which hazardous waste is placed, or
the largest area in which there is significant
likelihood
of
mixing hazardous waste constituents in
the
same
area.
Examples
of
hazardous waste management
units
include
a
surface
impoundment,
a waste pile,
a
land
treatment
area,
a
landfill
cell,
an
incinerator, a
tank
and
its
associated piping and underlying
containment
system
and
a
container
storage
area.
A
container
alone
does
not
constitute a unit;
the
unit
includes
containers
and
the
land
or
pad
upon
which
they
are
placed.
“Inactive portion” means that portion of a facility
which is not operated after November 19,
1980.
(See
also “active portion” and “closed portion”.)
“Incinerator” means any enclosed device that:
Uses controlled flame combustion and neither:
Meets the criteria for classification as a
boiler, sludge dryer or carbon regeneration
unit, nor
Is listed as an industrial furnace;
or
Meets the definition of infrared incinerator or
plasma
arc
incinerator.
0136-0 130
11
“Incompatible waste” means a hazardous waste which is
suitable
for:
Placement in a particular device or facility
because it may cause corrosion or decay of
cont—ai-nment
materials—(-e--g-~--j---conta±ner
±nner
liners
or tank walls); or
Commingling with another waste or material under
uncontrolled conditions because the commingling
might produce heat or pressure,
fire or explosion,
violent reaction, toxic dusts, mists,
fumes or
gases or flammable fumes or gases.
(See
35 Ill.
Adin.
Code 725.Appendix E for
examples.)
“Industrial furnace” means any of the following
enclosed devices that are integral components of
manufacturing processes and that use thermal treatment
to
accomplish recovery of materials or energy:
Cement kilns
Lime kilns
Aggregate kilns
Phosphate
kilns
Coke ovens
Blast furnaces
Smelting,
melting
and refining furnaces (including
pyroinetallurgical devices such as cupolas,
reverberator furnaces, sintering machines,
roasters and foundry furnaces)
Titanium dioxide chloride process oxidation
reactors
Methane
reforming
furnaces
Pulping
liquor
recovery
furnaces
Combustion
devices
used
in
the
recovery
of
sulfur
values from spent sulfuric acid
Halogen acid furnaces (HAFs)
for the production of
acid
from
halogenated hazardous waste generated by
chemical
production
facilities where the furnace
0136-0 131
12
is
located
on
the
site
of
a
chemical
production
facility,
the
acid
product
has
a
halogen
acid
content of at least 3,
the acid product is used
in
a
manufacturing process and, except for
hazardous waste burned as fuel, hazardous waste
fed- t-o—t-he- furnace has---a--m-inimum- halogenr-cent-ent
of
20,
as generated.
Any
other
such
device
as
the
Agency
determines
to
be
an “Industrial Furnace”
on
the
basis
of
one
or
more
of
the
following
factors:
The design and use of the device primarily to
accomplish
recovery
of
material
products;
The
use
of
the
device
to
burn
or
reduce
raw
materials
to
make
a
material
product;
The
use
of
the
device
to
burn
or
reduce
secondary materials as effective substitutes
for
raw
materials,
in
processes using raw
materials
as
principal
feedstocks;
The
use
of
the
device to burn or reduce
secondary materials as ingredients in an
industrial process to make a material
product;
The
•use
of
the
device in common industrial
practice
to
produce
a
material
product;
and
Other
relevant
factors.
“Individual generation site” means the contiguous site
at
or
on
which
one
or
more
hazardous
wastes
are
generated.
An individual generation site,
such as a
large manufacturing plant, may have one or more sources
of
hazardous
waste
but
is
considered
a single or
individual generation site if the site or property is
contiguous.
“Infrared incinerator” means any enclosed device which
uses electric powered resistance heaters as a source of
radiant heat and which is not listed as an industrial
furnace.
“Inground tank” means a device meeting the definition
of “tank” whereby a portion of the tank wall is
situated
to
any
degree
within
the ground, thereby
preventing
visual
inspection
of
that
external
surface
area
of
the
tank
that
is
in
the
ground.
0136-0132
13
“In
operation”
refers
to
a
facility
which
is
treating,
storing
or
disposing
of
hazardous
waste.
“Injection well” means
a well into which fluids are
being injected.
(See also “underground injection”.’
“Inner liner” means a continuous layer of material
placed inside a tank or container which protects the
construction
materials
of
the
tank
or
container
from
the contained waste or reagents used to treat the
waste.
“Installation
inspector”
means
a
person
who,
by
reason
of
knowledge
of
the
physical
sciences
and
the
principles of engineering, acquired by a professional
education and related practical experience,
is
qualified
to
supervise
the
installation
of
tank
systems.
“International
shipment”
means
the
transportation of
hazardous
waste
into
or
out
of
the
jurisdiction
of
the
United States.
“Land treatment facility” means a facility or part of a
facility at which hazardous waste is applied onto or
incorporated into the soil surface; such facilities are
disposal
facilities
if
the
waste
will
remain
after
closure.
“Landfill” means a disposal facility or part of a
facility
where
hazardous
waste
is
placed
in or on land
and
which
is
not
a
pile,
a land treatment facility,
a
surface impoundment, an underground injection well,
a
salt
dome
formation,
an
underground
mine
or
a
cave.
“Landfill
cell”
means
a discrete volume of a hazardous
waste landfill which uses a liner to provide isolation
of wastes from adjacent cells or wastes.
Examples of
landfill cells are trenches and pits.
“Leachate” means any liquid,
including any suspended
components in the liquid, that has percolated through
or drained from hazardous waste.
“Liner” means a continuous layer of natural or manmade
materials
beneath
or
on
the sides of a surface
impoundment, landfill or landfill cell, which restricts
the
downward
or
lateral
escape
of
hazardous
waste,
hazardous waste constituents or leachate.
“Leak—detection
system”
means
a system capable of
detecting the failure of either the primary or
0~36-0133
14
secondary
containment
structure
or
the
presence
of
a
release
of
hazardous
waste
or
accumulated
liquid
in
the
secondary
containment
structure.
Such
a
system
must
employ operational
controls
(e.g.,
daily
visual
inspections for releases into the secondary containment
system
of--abovegr-ound—tanks-)----or--cons±st-
of an
interstitial
monitoring device designed to detect
continuously and automatically the failure of the
primary or secondary containment structure or the
presence of a release of hazardous waste into the
secondary containment structure.
“Management” or “hazardous waste management” means the
systematic
control
of
the
collection,
source
separation, storage,
transportation, processing,
treatment,
recovery
and
disposal
of
hazardous
waste.
“Manifest”
means
the
shipping
document
originated
and
signed
by
the
generator
which
contains
the
information
required
by
35 Ill. Adm. Code 722.Subpart B.
“Manifest
document
number”
means
the
USEPA
twelve
digit
identification
number
assigned
to
the
generator plus a
unique
five
digit
document
number
assigned
to
the
manifest
by
the
generator
for recording and reporting
purposes.
“Mining
overburden
returned
to
the
mine site” means any
material
overlying
an
economic
mineral
deposit
which
is
removed to gain access to that deposit and is then used
for reclamation of a surface mine.
“Miscellaneous
unit”
means
a
hazardous
waste
management
unit
where
hazardous
waste
is
treated,
stored
or
disposed of and which is not a container,
tank, tank
system, surface impoundment, pile, land treatment unit,
landfill,
incinerator, boiler, industrial furnace,
underground injection well with appropriate technical
standards under 35 Ill. Adm. Code 730, or a unit
eligible for a research, development and demonstration
permit
under
35
Ill.
Adm. Code 703.231.
“Movement” means that hazardous waste transported to a
facility
in an individual vehicle.
“New
hazardous
waste
management
facility”
or
“new
facility” means a facility which began operation, or
for
which
construction
commenced,
after
November
19,
1980.
(See also “Existing hazardous waste management
facility”.)
“New tank system” or “new tank component” means a tank
0136-01313
15
system
or
component that will be used for the storage
or
treatment
of
hazardous
waste
and
for
which
installation commenced after July 14,
1986; except,
however,
for purposes of 35 Ill. Adm. Code
724.293(g) (2) and 725.293(g) (2), a new tank system is
one—for—whicconstrctior~-commenees---a±ter-fftt1y--1*,
1986.
(See
also
“existing tank system.”)
“Onground tank” means a device meeting the definition
of “tank” that is situated in such a way that the
bottom
of
the tank is on the same level as the adjacent
surrounding
surfaces
so that the external tank bottom
cannot be visually inspected.
“On—site”
means
the
same
or geographically contiguous
property which may
be
divided
by
public
or
private
right—of—way,
provided
the
entrance
and
exit
between
the
properties
is
at
a
crossroads
intersection
and
access is by crossing as opposed to going along the
right-of-way.
Noncontiguous properties owned by the
same
person
but
connected
by
a
right-of—way
which
he
controls
and
to
which
the
public does not have access
is also considered on—site property.
“Open
burning”
means
the
combustion
of
any
material
without the following characteristics:
Control
of
combustion
air
to
maintain
adequate
temperature for efficient combustion;
Containment of the combustion reaction in an
enclosed device to provide sufficient residence
time and mixing for complete combustion; and
Control of emission of the gaseous combustion
products.
(See also “incineration” and “thermal treatment”.)
“Operator”
means
the
person
responsible
for
the
overall
operation
of
a
facility.
“Owner”
means
the
person who owns a facility or part of
a facility.
“Partial
closure”
means
the
closure
of
a
hazardous
waste management unit in accordance with the applicable
closure
requirements
of
35
Ill.
Adm.
Code
724
or
725
at
a facility which contains other active hazardous waste
management units.
For example, partial closure may
include the closure of a tank (including its associated
piping and underlying containment systems), landfill
0136-0135
16
cell, surface impoundment, waste pile or other
hazardous waste management unit, while other units of
the same facility continue to operate.
“Person” means an individual,
trust, firm,
joint stock
company-,---feder-al—gene
corporation-including—a
government corporation), partnership, association,
state, municipality, commission, political subdivision
of
a
state
or
any
interstate
body.
“Personnel” or “facility personnel” means all persons
who work at or oversee the operations of a hazardous
waste facility and whose actions or failure to act may
result
in noncompliance with the requirements of 35
Ill.
Adm.
Code
724
or
725.
“Pile” means any noncontainerized accumulation of
solid,
non-flowing hazardous waste that is used for
treatment or storage.
“Plasma arc incinerator” means any enclosed device
which uses a high intensity electrical discharge or arc
as a source of heat and which is not listed as an
industrial furnace.
“Point source” means any discernible, confined and
discrete conveyance including, but not limited to, any
pipe,
ditch, channel, tunnel,
conduit, well,
discrete
fissure, container,
rolling stock, concentrated animal
feeding operation or vessel or other floating craft
from which pollutants are or may be discharged.
This
term does not include return flows from irrigated
agriculture.
“Publicly owned treatment works” or “POTW” is as
defined in 35 Ill. Adm. Code 310.110.
“qualified aroundwater scientist” means a scientist or
enaineer who has received a baccalaureate or post-
graduate degree in the natural sciences or engineerina,
and has sufficient training and experience in
groundwater hydroloav and related fields. as
demonstrated by state registration, professional
certifications or completion of accredited university
courses that enable the individual to make sound
professional iudcn~zentsregardina aroundwater monitoring
and contaminant fate and transport.
BOARD
NOTE:
“State registration” includes, but is
not
limited
to.
registration
as
a
professional
engineer with the Department of Professional
Regulation1 pursuant to
Ill.
Rev. Stat.
1991,
ch.
0136-0 136
17
ill.
tar.
5201
and
68
Ill.
Adm. Code 1380.
“Professional
certification”
includes,
but
is
not
limited
to.
certification
under
the
certified
around
water
professional
orogram
of
the
National
(j~c~und
Water
Associat&QTh~
“Regional Administrator” means the Regional
Administrator for the EPA Region in which the facility
is located or the Regional Administrator’s designee.
“Representative sample” means a sample of a universe or
whole
(e.g.,
waste
pile,
lagoon,
groundwater)
which
can
be
expected
to
exhibit
the
average
properties
of
the
universe
or
whole.
“Runoff” means any rainwater,
leachate or other liquid
that drains over land from any part of a facility.
“Runon” means any rainwater, leachate or other liquid
that drains over land onto any part of a facility.
“Saturated zone” or “zone of saturation” means that
part of the earth’s crust in which all voids are filled
with
water.
-
“SIC
Code”
means
Standard
Industrial Code as defined in
Standard
Industrial Classification Manual,
incorporated
by
reference
in
Section
720.111.
“Sludge”
means
any
solid,
semi—solid
or
liquid
waste
generated
from
a
municipal,
commercial
or
industrial
wastewater
treatment
plant,
water
supply
treatment
plant
or
air
pollution
control
facility
exclusive
of
the
treated
effluent from a wastewater treatment plant.
“Sludge
dryer”
means
any
enclosed
thermal
treatment
device which is used to dehydrate sludge and which has
a total thermal input, excluding the heating value of
the sludge itself, of 2500 Btu/lb or less of sludge
treated on a wet weight basis.
“Small Quantity Generator” means a generator which
generates less than 1000 kg of hazardous waste in a
calendar month.
“Solid
waste”
means
a
solid
waste
as
defined
in
35
Ill.
Adm. Code 721.102.
“Sump”
means
any
pit
or
reservoir
that
meets
the
definition
of
tank
and
those
troughs
or
trenches
connected
to
it
that
serve
to
collect
hazardous
waste
for
transport
to
hazardous
waste
storage,
treatment
or
0 136-0 137
18
disposal
facilities.
“State”
means
any
of
the
several
states,
the
District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa and the
Co~we~1th-oftheNortherffNariana Islands.
“Storage” means the holding of hazardous waste for a
temporary period, at the end of which the hazardous
waste is treated, disposed of or stored elsewhere.
“Surface impoundment” or “impoundment” means a facility
or
part of a facility which is a natural topographic
depression,
manmade
excavation
or
diked
area
formed
primarily of earthen materials (although it may be
lined
with
manmade
materials)
which
is
designed to hold
an
accumulation
of
liquid
wastes
or
wastes
containing
free liquids and which is not an injection well.
Examples of surface impoundments are holding, storage,
settling and aeration pits, ponds and lagoons.
“Tank” means a stationary device, designed to contain
an accumulation of hazardous waste which is constructed
primarily of nonearthen materials (e.g., wood,
concrete,
steel, plastic) which provide structural
support.
“Tank system” means a hazardous waste storage or
treatment tank and its associated ancillary equipment
and containment system.
“Thermal treatment” means the treatment of hazardous
waste in a device which uses elevated temperatures as
the primary means to change the chemical, physical or
biological character or composition of the hazardous
waste.
Examples of thermal treatment processes are
incineration, molten salt, pyrolysis, calcination, wet
air oxidation and microwave discharge.
(See also
“incinerator” and “open burning”.)
“Totally enclosed treatment facility” means a facility
for the treatment of hazardous waste which is directly
connected to an industrial production process and which
is constructed and operated in a manner which prevents
the release of any hazardous waste or any constituent
thereof into the environment during treatment.
An
example is a pipe in which waste acid is neutralized.
“Transfer facility” means any transportation related
facility including loading docks, parking areas,
storage areas and other similar areas where shipments
of hazardous waste are held during the normal course of
0136-0 138
19
transportation.
“Transport
vehicle”
means
a
motor
vehicle
or
rail
car
used
for
the
transportation
of
cargo
by
any
mode.
Each
cargo-carrying
body
(trailer,
railroac1
~reiqht
car,
etc;
)--
-is—a
separatetransportvetticle~
“Transportation”
means
the
movement
of
hazardous
waste
by air,
rail, highway or water.
“Transporter” means a person engaged in the off—site
transportation of hazardous waste by air, rail,
highway
or water.
“Treatability study” means:
A study in which a hazardous waste is subjected to
a treatment process to determine:
Whether the waste is amenable to the
treatment process.
What pretreatment (if any)
is required.
The optimal process conditions needed to
achieve the desired treatment.
The efficiency of a treatment process for a
specific waste or wastes.
Or,
The characteristics and volumes of residuals
from a particular treatment process.
Also included in this definition for the purpose
of 35 Ill.
Adin. Code 721.104(e)
and
(f) exemptions
are liner compatibility, corrosion and other
material compatibility studies and toxicological
and health effects studies.
A “treatability
study” is not a means to commercially treat or
dispose of hazardous waste.
“Treatment” means any method, technique or process,
including neutralization,
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 recover energy or material
resources from the waste or so as to render such waste
non—hazardous or less hazardous; safer to transport,
store or dispose of; or amenable for recovery, amenable
for storage or reduced in volume.
“Treatment zone” means a soil area of the unsaturated
0136-0 139
20
zone
of
a
land
treatment
unit
within
which
hazardous
constituents
are
degraded,
transformed
or
immobilized.
“Underground
injection”
means
the
subsurface
emplacement of fluids through a bored, drilled or
driven-well-;
-or-through
a dugweit, where
hedepttroi
the
dug
well
is
greater
than
the
largest
surface
dimension.
(See
also
“injection
well”.)
“Underground tank” means a device meeting the
definition
of
“tank”
whose
entire
surface
area
is
totally
below
the
surface
of
and
covered
by
the
ground.
“Unfit-for—use
tank
system”
means
a
tank
system
that
has
been
determined
through
an
integrity
assessment
or
other
inspection
to
be
no
longer
capable
of
storing
or
treating
hazardous
waste without posing a threat of
release
of
hazardous
waste
to
the
environment.
“Uppermost
aquifer”
means
the
geologic
formation
nearest
the
natural
ground
surface
that
is
an
aquifer,
as
well
as
lower
aquifers
that
are
hydraulically
interconnected
with
this
aquifer
within
the
facility’s
property
boundary.
“United
States”
means
the
50
States, the District of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
U.S.
Virgin
Islands,
Guam,
American
Samoa
and
the
Commonwealth of the Northern Mariana Islands.
“Unsaturated zone” or “zone of aeration” means the zone
between
the
land
surface
and
the
water
table.
“USEPA” means United States Environmental Protection
Agency.
“Vessel”
includes
every
description
of watercraft, used
or capable of being used as a means of transportation
on
the
water.
“Wastewater
treatment
unit”
means
a
device
which:
Is
part
of
a
wastewater
treatment
facility
which
has
an
NPDES
permit
pursuant
to
35
Ill.
Adm. Code
309
or a pretreatment permit or authorization to
discharge
pursuant
to
35
Ill.
Adm.
Code
310;
and
Receives
and
treats
or
stores
an
influent
wastewater
which
is
a
hazardous
waste
as
defined
in
35
Ill.
Adm.
Code
721.103,
or
generates
and
accumulates
a
wastewater
treatment
sludge
which
is
a
hazardous
waste
as
defined
in
35
Ill.
Adin.
Code
0136-01130
21
721.103,
or treats or stores a wastewater
treatment sludge which is a hazardous waste as
defined in 35 Ill. Adm. Code 721.103; and
Meets the definition of tank or tank system in
this—S-ecti-on
“Water
(bulk
shipment)”
means
the
bulk
transportation
of hazardous waste which is loaded or carried on board
a vessel without containers or labels.
“Well” means any shaft or pit dug or bored into the
earth, generally
of
a
cylindrical
form,
and
often
walled with bricks or tubing to prevent the earth from
caving
in.
“Well
injection”
(See
“underground
injection”).
“Zone
of
engineering
control”
means
an
area
under
the
control
of
the
owner
or
operator
that,
upon
detection
of a hazardous waste release, can be readily cleaned up
prior
to
the
release
of
hazardous
waste
or
hazardous
constituents to groundwater or surface water.
(Source:
Amended
at
16
Ill.
Reg.
,
effective
)
Section
720.111
References
a)
The
following
publications
are
incorporated
by
reference:
ANSI.
Available from the American National
Standards Institute,
1430 Broadway, New York, New
York
10018,
(212)
354—3300:
ANSI
B3..3
and
B31.4.
See
ASME/ANSI B31.3
and B31.4
Ad.
Available from the American Concrete
Institute,
Box
19150,
Redford
Station,
Detroit,
Michigan
48219:
ACI 318-83:
“Building Code Requirements for
Reinforced
Concrete”,
adopted
September,
1983.
API.
Available
from
the
American
Petroleum
Institute,
1220
L
Street,
N.W.,
Washington,
D.C.
20005,
(202)
682—8000:
“Guide
for
Inspection
of
Refinery
Equipment,
0136-01131
22
Chapter XIII, •Atmospheric and Low Pressure
Storage Tanks,”
4th
Edition,
1981,
reaffirmed
December,
1987.
“Cathodic
Protection
of
Underground
Petroleum
St-orage--Tanks---and--Piping
-Systems--”
API
Recommended
Practice
1632,
Second
Edition,
December,
1987.
“Installation of Underground Petroleum
Storage Systems,” API
Recommended
Practice
1615,
Fourth
Edition,
November,
1987.
APTI.
Available from the Air and Waste Management
Association,
Box
2861,
Pittsburgh,
PA
15230,
(412)
232—3444:
APTI
Course
415:
Control
of
Gaseous
Emissions,
EPA
Publication
EPA—450/2-81—005,
December,
1981.
ASME.
Available
from
the
American
Society
of
Mechanical
Engineers,
345
East
47th
Street,
New
York, NY
10017,
(212)
705—7722:
“Chemical
Plant
and
Petroleum
Refinery
Piping”,
ASME/ANSI
B31.3—1987,
as
supplemented
by
B3l.3a—1988
and
B3l.3b-1988.
Also
available
from
ANSI.
“Liquid
Transportation
Systems
for
Hydrocarbons, Liquid Petroleum Gas, Anhydrous
Ammonia, and Alcohols”, ASME/ANSI
B31.4—l986,
as supplemented by B31.4a—1987.
Also
available
from
ANSI.
ASTM.
Available from American Society for Testing
and Materials,
1916 Race Street, Philadelphia, PA
19103,
(215)
299—5400:
ASTM C94-90, Standard Specification for
Ready-Mixed Concrete, approved March 30,
1990.
ASTM D88-87, Standard Test Method for Saybolt
Viscosity, April 24, 1981, reapproved
January, 1987.
ASTN
D93-85,
Standard
Test
Methods
for
Flash
Point by Pensky—Martens Closed Tester..
approved
October
25,
1985.
0136-01132
23
ASTM D1946-90, Standard Practice for Analysis
of Reformed Gas by Gas Chromatography,
Approved March 30,
1990.
ASTM D216l-87, Standard Practice for
Conversioi~orXi~ern icViscoSTity
to
S
a~b~It
Universal or to Saybolt Furol Viscosity,
March 27,
1987.
ASTN D2267-88, Standard Test Method for
Aromatics in Light Naphthas and Aviation
Gasolines by Gas Chromatography, approved
November 17, 1988.
ASTN D2382-88, Standard Test Method for Heat
of Combustion of Hydrocarbon Fuels by Bomb
Calorimeter (High Precision Method), approved
October 31, 1988.
ASTM
D2879-86,
Standard
Test
Method
for
Vapor
Pressure—Temperature Relationship and Initial
Decomposition Temperature of Liquids by
Isoteniscope, approved October 31,
1986.
ASTM D3828-87, Standard Test Methods for
Flash Point of Liquids by Setaflash Closed
Tester, approved December 14,
1988.
ASTN E168-88, Standard Practices for General
Techniques of Infrared Quantitative Analysis,
approved May 27,
1988.
ASTN El69-87, Standard Practices for General
Techniques of Ultraviolet—Visible
Quantitative Analysis, approved February 1,
1987.
ASTN E260-85, Standard Practice for Packed
Column Gas Chromatography, approved June 28,
1985.
GPO.
Available from the Superintendent of
Documents,
U.S. Government Printing Office,
Washington, D.C.
20401,
(202)
783—3238:
Standard Industrial Classification Manual
(1972), and 1977 Supplement, republished in
1983
NACE.
Available from the National Association of
Corrosion Engineers,
1400 South Creek Dr.,
Houston, TX
77084,
(713)
492—0535:
0136-01133
24
“Control of External Corrosion on Metallic
Buried,
Partially
Buried,
or
Submerged
Liquid
Storage
Systems”,
NACE
Recommended
Practice
RP0285-85,
approved
March,
1985.
NFPA~TAva1rab1eTr~m
the
NitionalFire
P~ötectIon
Association, Batterymarch Park, Boston, MA
02269,
(611)
770—3000 or
(800)
344—3555:
“Flammable and Combustible Liquids Code” NFPA
30,
issued July 17,
1987.
Also available
from
ANSI.
NTIS.
Available
from
the
National
Technical
Information Service, 5285 Port Royal Road,
Springfield,
VA
22161,
(703)
487—4600:
“Generic Quality Assurance Project Plan for
Land
Disposal
Restrictions
Program”,
EPA/530-
SW-87-Oll,
March
15,
1987.
(Document
number
PB
88—170766.)
“Guidance on Air Quality Models”, Revised
1986.
(Document number P886-245-248
(Guideline) and PB88—150-958
(Supplement)).
“Methods for Chemical Analysis of Water and
Wastes”, Third Edition, March,
1983.
(Document number PB 84-128677)~.
“Methods Manual for Compliance with BIF
Regulations”, December, 1990.
(Document
number
PB91-120-006)~.
“Petitions to Delist Hazardous Wastes
—-
A
Guidance Manual”, EPA/530—SW—85-003, April,
1985.
(Document
Number PB 85~194488jL
“Procedures Manual for Ground Water
Monitoring at Solid Waste Disposal
Facilities”, EPA-530/SW-611,
1977.
(Document
number PB 84-174820)~
“Screening Procedures for Estimating the Air
Quality Impact of Stationary Sources”,
August,
1988 (Document number PB89-159396).
“Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication
number SW-846
(Second Edition,
1982 as
amended by Update I
(April,
1984)
and Update
II (April,
1985))
(Document number PB 87-
0136-011313
25
120291)~
“Test Methods for Evaluatina Solid Waste.
Physical/Chemical Methods.” EPA Publication
number SW-846 (Third Edition. September 1986
(Documerrc
number--PB8S-~23~922
3) as ~iiuenc1ed
bv
Revision I
(December 1987)
and First Update.
January.
1988)
(Document Number PB89-
148076)).
STI.
Available from the Steel Tank Institute, 728
Anthony Trail, Northbrook, IL
60062,
(312)
498—
1980:
“Standard
for
Dual
Wall
Underground
Steel
Storage
Tanks”
(1986).
USEPA.
Available from United States Environmental
Protection Agency, Office of Drinking Water, State
Programs Division, WH 550 E, Washington, D.C.
20460:
“Technical
Assistance
Document:
Corrosion,
Its Detection and Control in Injection
Wells”,
EPA
570/9—87—002,
August,
1987.
USEPA.
Available from USEPA, Number F-90-WPWF-
FFFFF, Room M2427, 401 M Street SW, Washington,
D.C.
20460,
(202)
475—9327:
“Test Method 8290:
Procedures for the
Detection
and
Measurement
of
PCDD5
and
PCDFs”, EPA/530—SW—91—019
(January,
1991)
b)
Code of Federal Regulations.
Available from the
Superintendent of Documents, U.S. Government Printing
Office, Washington,
D.C.
20401,
(202)
783—3238:
10 CFR 20, Appendix B
(1991)
40 CFR 51.100(u)
(1991)
40 CFR 60
(1991)
40 CFR
61,
Subpart
V
(1991)
40
CFR
136
(1991)
40 CFR 142
(1991)
40 CFR 220
(1991)
0136-0 1135
26
40 CFR 260.20
(1991)
40 CFR 264
(1991)
40 CFR 302.4.
302.5 and 302.6
(1991)
40 CFR 761
(1991)
C)
Federal Statutes
Section 3004 of the Resource Conservation and Recovery
Act (42 U.S. C.
6901 et seq.), as amended through
December 31,
1987.
d)
This Section incorporates no later editions or
amendments.
(Source:
Amended at 16 Ill.
Reg.
,
effective
)
Ol36-01t~6
27
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER C:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PAR~72I
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A:
GENERAL PROVISIONS
Section
721.
101
721.102
721. 103
721.104
721.105
721.106
721.107
721.108
Purpose and Scope
Definition of Solid Waste
Definition of Hazardous Waste
Exclusions
Special Requirements for Hazardous Waste Generated by
Small Quantity Generators
Requirements for Recyclable Materials
Residues of Hazardous Waste in Empty Containers
PCB Wastes Regulated under TSCA
SUBPART
B:
CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Section
721.110
Criteria
for
Identifying
the
Characteristics
of
Hazardous Waste
721.111
Criteria for Listing Hazardous Waste
Section
721.130
721.131
721. 132
721.
133
SUBPART
C:
CHARACTERISTICS
OF
HAZARDOUS
WASTE
General
Characteristic of Ignitability
Characteristic of Corrosivity
Characteristic of Reactivity
Toxicity Characteristic
Hazardous Wastes From Nonspecific Sources
Hazardous Waste from Specific Sources
Discarded Commercial Chemical Products, Off-
Specification Species, Container Residues and Spill
Residues Thereof
721.135
Wood Preserving Wastes
721.Appendix
721.AppendiX
721. Appendix
Table A
Table B
A Representative Sampling Methods
B Method 1311 Toxicity Characteristic Leaching
Procedure
(TCLP)
C
Chemical
Analysis
Test
Methods
Analytical Characteristics of Organic Chemicals
(Repealed)
Analytical Characteristics of Inorganic Species
0136-01137
Section
721.120
721.121
721.122
721.123
721.124
SUBPART
D:
LISTS OF HAZARDOUS WASTE
General
28
(Repealed)
Table
C
Sample
Preparation/Sample
Introduction
Techniques
(Repealed)
721.Appendix
G
Basis
for
Listing
Hazardous
Wastes
72l.Appendix H Hazardous Constituents_
--
72I.AppéndixXWä~tés
~
Section 720.120 and 720. 122
Table A
Wastes Excluded from Non—Specific Sources
Table
B
Wastes
Excluded
from
Specific
Sources
Table
C
Wastes
Excluded
From
Commercial
Chemical
Products,
Off—Specification Species, Container Residues, and
Soil Residues Thereof
Table D
Wastes Excluded by Adjusted Standard
721.Appendix J Method of Analysis for Chlorinated Dibenzo-p-
Dioxins and Dibenzofurans
72l.Appendix
Z Table to Section 721.102
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill. Rev.
Stat.
1991,
ch.
111½, pars.
1022.4 and 1027).
SOURCE:
Adopted in R81—22,
43 PCB 427,
at
5 Ill.
Reg. 9781,
effective as noted in 35 Ill. Adm. Code 700.106; amended and
codified in R81—22, 45 PCB 317,
at
6 Ill. Reg. 4828, effective as
noted in 35 Ill.
Adin.
Code
700.106;
amended
in
R82—18,
51
PCB
31,
at
7
Ill.
Reg.
2518,
effective
February
22,
1983;
amended
in
R82-
19,
53
PCB
131,
at
7
Ill.
Reg.
13999,
effective
October
12,
1983;
amended
in
R84—34,
61
PCB
247,
at
8
Ill.
Reg.
24562,
effective
December 11,
1984; amended in R84—9, at 9 Ill. Reg.
11834,
effective
July
24,
1985;
amended
in
R85—22
at
10
Ill.
Reg.
998,
effective January 2,
1986; amended in R85—2 at 10 Ill. Reg. 8112,
effective May 2,
1986; amended in R86—1 at 10 Ill. Reg. 14002,
effective August 12,
1986;
amended in R86—19 at 10 Ill. Reg.
20647,
effective December 2,
1986; amended in R86—28 at 11 Ill.
Reg. 6035, effective March 24,
1987; amended in R86—46 at 11 Ill.
Reg.
13466, effective August 4,
1987; amended in R87-32 at 11
Ill. Reg.
16698, effective September 30,
1987; amended in R87-5
at 11 Ill. Reg.
19303, effective November 12,
1987; amended in
R87-26 at 12 Ill. Reg. 2456,
effective January 15, 1988; amended
in R87—30 at 12 Ill. Reg.
12070, effective July 12,
1988; amended
in R87—39 at 12 Ill. Reg.
13006, effective July 29,
1988; amended
in R88—16 at
13
Ill. Reg.
382, effective December 27,
1988;
amended in R89-1 at 13 Ill. Reg.
18300, effective November 13,
1989; amended in R90-2 at
14
Ill. Reg.
14401, effective August
22,
1990; amended in R90-10 at 14 Ill. Reg.
16472, effective
September 25, 1990;
amended in R90—17 at 15 Ill. Reg. 7950,
effective May 9,
1991; amended in R90-11 at 15 Ill.
Reg.
9332,
effective June 17,
1991; amended in R91—1 at 15 Ill. Reg.
14473,
effective September 30,
1991;
amended in R91—l2 at 16 Ill. Reg.
2155,
effective January 27,
1992;
amended in R91—26 at 16 Ill.
Reg.
2600, effective February 3, 1992;
amended in R91—l3 at 16
Il..
Reg.
9358,
effective
June
9,
1992;
amended
in
R92-1
at
16
Ill. Reg.
,
effective
0136-01135
29
SUBPART C:
CHARACTERISTICS OF HAZARDOUS
WASTE
Section 721.122
Characteristic of Corrosivity
a)
A solid waste exhibits the characteristic of
óàrrósi~Ity
if
a
representative
sample
of
the waste has
either of the following properties:
1)
It is aqueous and has a pH less than or equal to 2
or greater than or equal to 12.5,
as determined by
a pH meter using either an EPA test method or an
equivalent test method
(35 Ill.
Adm.
Code
720.121). The EPA test method~for pH 4e are
specified as Mcthod 5.2 Methods 9040.
9041 or 9045
in “Test Methods for the Evaluation of Solid
Waste,
Physical/Chemical
Methods”,
incorporated
by
reference in 35 Ill.
Adm. Code 720.111.
2)
It is a liquid and corrodes steel
(SAE 1020) at a
rate greater than 6.35 mm (0.250 inch) per year at
a test temperature of 55~C
(130°F) as determined
by the test method specified in NACE (National
Association of Corrosion Engineers) Standard TM—
01-69 as standardized in “Test Methods for the
Evaluation of Solid Waste,
Physical/Chemical
Methods”, incorporated by reference in 35 Ill.
Adm.
Code 720.111, or an equivalent test method
(35 Ill.
Adin.
Code
720.121).
BOARD NOTE:
The corrosivity characteristic
determination currently does not ap~lvto
non-liquid wastes, as discussed bY USEPA at
45 Fed.
Reg.
33109. May 19.
1980 and at 55
Fed.
Reci.
22549. June 1.
1990.
b)
A
solid
waste
that
exhibits
the
characteristic
of
corrosivity
has the EPA Hazardous Waste Number of
D002.
(Source:
Amended at 16 Ill. Reg.
,
effective
0136-01139
30
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
722
STANDARDS
APPLICABLE
TO
GENERATORS
OF
HAZARDOUS
WASTE
SUBPART
A:
GENERAL
Section
722.110
Purpose, Scope and Applicability
722.111
Hazardous Waste Determination
722.112
USEPA Identification Numbers
SUBPART
B:
THE MANIFEST
Section
722.120
General Requirements
722.121
Acquisition of Manifests
722.122
Number of Copies
722.123
Use of the Manifest
SUBPART C:
PRE-TRANSPORT REQUIREMENTS
Section
722.130
Packaging
722.131
Labeling
722.132
Marking
722.133
Placarding
722.134
Accumulation
Time
SUBPART
D:
RECORDKEEPING AND REPORTING
Section
722.140
Recordkeeping
722.141
Annual Reporting
722.142
Exception Reporting
722.143
Additional Reporting
722.144
Special Requirements for Generators of between 100 and
1000
kilograms
per
month
SUBPART
E:
EXPORTS
OF
HAZARDOUS WASTE
Section
722
•
150
Applicability
722
•
151
Definitions
722.152
General Requirements
722.153
Notification of Intent to Export
722.154
Special Manifest Requirements
722.155
Exception Report
722.156
Annual Reports
722.157
Recordkeeping
SUBPART
F:
IMPORTS
OF
HAZARDOUS
WASTE
Section
722.160
Imports of Hazardous Waste
0 136-0150
31
SUBPART G:
FARMERS
Section
722.170
Farmers
722.Appendix A Y~zardousWaste Manifest
AUTHORiTY:
Implementing
Section
22.4 and authorized by Section
27 of the Environmental Protection Act (Ill. Rev.
Stat.
1991, ch.
111½, pars.
1022.4 and 1027).
SOURCE:
Adopted in R81—22,
43 PCB 427, at 5 Ill. Reg.
9781,
effective as noted in 35 Ill.
Adin.
Code 700.106; amended and
codified in R81—22,
45 PCB 317, at 6 Ill. Reg.
4828,
effective as
noted in 35 Ill. Adm. Code 700.106; amended in R82-18,
51. PCB 31,
at
7 Ill. Reg.
2518, effective February 22,
1983; amended in R84-
9 at 9 Ill. Reg. 11950, effective July 24,
1985; amended in R85—
22
at
10
Ill.
Reg.
1131,
effective
January
2,
1986;
amended
in
R86—1 at 10 Ill. Reg.
14112,
effective
August
12,
1986;
amended
in R86—19 at 10 Ill. Reg. 20709, effective December 2,
1986;
amended in R86—46 at 11 Ill. Reg.
13555, effective August 4,
1987; amended in R87-5 at 11 Ill. Reg.
19392, effective November
12,
1987; amended in R87—39 at 12 Ill.
Reg.
13129,
effective July
29,
1988; amended in R88-l6 at 13 Ill. Reg.
452, effective
December 27,
1988; amended in R89-1 at 13 Ill. Reg. 18523,
effective
November
13,
1989;
amended in R90-10 at 14 Ill.
Reg.
16653,
effective
September
25,
1990;
amended
in
R90—11
at
15
Ill.
Reg.
9644,
effective
June
17,
1991;
amended
in
R91-1
at
15
Ill.
Reg.
14562, effective October
1,
1991; amended in R91-13 at 16
Ill. Reg.
9833,
effective June 9,
1992;
amended in R92—l at 16
Ill.
Reg.
,
effective
SUBPART E:
EXPORTS OF HAZARDOUS WASTE
Section 722.153
Notification of Intent to Export
a)
The Board incorporates by reference 40 CFR 262.53
(1986), ac rimcndcd at 51 Fcd.
flog.
28682 (1991)
•
as
amended at 56 Fed.
Req.
43705. September 4.
1991.
This
Part incorporates no future editions or amendments.
b)
A
primary
exporter
of
hazardous
waste
shall
notify
USEPA
in
accordance
with
40
CFR 262.53.
c)
The primary exporter shall send the Agency a copy of
the notice sent to USEPA pursuant to subsection
(b)
above.
(Source:
Amended at 16 Ill. Reg.
effective
)
Section 722.156
Annual Reports
0136-0 IS
I
32
a)
The Board incorporates by reference 40 CFR 262.56
(1986), a~amended at
5.
Fcd. Rcg. 28682(1991).
as
amended at 56 Fed.
Reg. 43705. September 4.
1991.
This
Part incorporates no future editions or amendments.
~b)
Primary
exporters
~of hazardous~waste~shaii fi1~ewith
USEPA, no later than March
1 of each year,
a report as
specified in 40 CFR 262.56.
c)
The primary exporter shall send the Agency a copy of
the report sent to USEPA.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
0136-0152
33
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS
WASTE
OPERATING
REQUIREMENTS
PA~i 24
STANDARDS
FOR
OWNERS
AND
OPERATORS
OF
HAZARDOUS
WASTE
TREATMENT,
STORAGE AND
DISPOSAL
FACILITIES
SUBPART A:
GENERAL
PROVISIONS
Purpose, Scope and Applicability
Relationship to Interim Status Standards
SUBPART B:
GENERAL FACILITY STANDARDS
Section
724
•
110
724
•
111
724
•
112
724
•
113
724. 114
724.115
724.116
724. 117
724. 118
Section
724
•
130
724.131
724.132
724.133
724.134
724. 135
724. 137
Section
724.150
724
•
151
724.152
724.153
724.154
724.155
724.156
Applicability
Identification Number
Required Notices
General Waste Analysis
Security
General Inspection Requirements
Personnel Training
General Requirements for Ignitable, Reactive or
Incompatible Wastes
Location
Standards
SUBPART C:
PREPAREDNESS AND PREVENTION
App. icability
Design and Operation of Facility
Required Equipment
Testing and Maintenance of Equipment
Access to Communications or Alarm System
Required Aisle Space
Arrangements with Local Authorities
SUBPART
D:
CONTINGENCY
PLAN
AND
EMERGENCY PROCEDURES
Applicability
Purpose and Implementation of Contingency Plan
Content of Contingency Plan
Copies of Contingency Plan
Amendment of Contingency Plan
Emergency Coordinator
Emergency Procedures
Applicability
Use of Manifest System
Manifest Discrepancies
Section
724. 101
724. 103
Section
724.170
724.171
724.172
SUBPART E:
MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
0 136-0 153
34
724.173
Operating Record
724.174
Availability, Retention and Disposition of Records
724.175
Annual Report
724.176
Unmanifested Waste Report
724.177
Additional Report-s
SUBPART
F:
RELEA~sFROM SOLID WASTE MANAGEMENT UNITS
Applicability
Required Programs
Groundwater Protection Standard
Hazardous Constituents
Concentration Limits
Point of Compliance
Compliance Period
General Groundwater Monitoring Requirements
Detection
Monitoring
Program
Compliance Monitoring Program
Corrective Action Program
Corrective Action for Solid Waste Management Units
SUBPART G:
CLOSURE AND POST-CLOSURE
Applicability
Closure Performance Standard
Closure Plan; Amendment of Plan
Closure; Time Allowed For Closure
Disposal or Decontamination of
Equipment,
Structures
and Soils
Certification of Closure
Survey Plat
Post-closure Care and Use of Property
Post—closure Plan; Amendment of Plan
Post—closure Notices
Certification
of
Completion
of
Post-closure
Care
SUBPART
H:
FINANCIAL
REQUIREMENTS
Section
724.240
Applicability
724.241
Definitions of Terms As Used In This Subpart
724.242
Cost Estimate for Closure
724.243
Financial Assurance for Closure
724.244
Cost Estimate for Post—closure Care
724.245
Financial Assurance for Post—closure Care
724.246
Use of a Mechanism for Financial Assurance of Both
Closure and Post—closure Care
724.247
Liability Requirements
724.248
Incapacity of Owners or Operators, Guarantors or
Financial Institutions
724.251
Wording of the Instruments
Section
724.190
724.191
724.192
724.193
724.194
724.195
724 .196
724.197
724.198
724. 199
724.200
724
•
201
Section
724.210
724.211
724.212
724.213
724.214
724.215
724 .216
724.217
724.218
724.219
724 .220
0136-01513
35
SUBPART
I:
USE
AND
MANAGEMENT
OF CONTAINERS
Section
724.270
724.271
724.272
724 .a7-3
724.274
724.275
724.276
724.277
724.278
Section
724.290
724.291
724.292
724.293
724.294
724.295
724.296
724.297
724.298
724.299
724.300
Section
724.320
724.321
724.322
724.326
724.327
724.328
724.329
724.330
724.331
Applicability
Condition of Containers
Compatibility of Waste With Container
~4anagement~
~of~-Centainers
Inspections
Containment
Special
Requirements
for
Ignitable
or
Reactive
Waste
Special Requirements for Incompatible Wastes
Closure
SUBPART J:
TANK SYSTEMS
App. icability
Assessment of Existing Tank System’s Integrity
Design and Installation of New Tank Systems or
Components
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to Leaks or Spills and Disposition of Leaking
or unfit—for-use Tank Systems
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special
Requirements
for
Hazardous
Wastes
F020,
F021,
F022,
F023, F026 and F027
SUBPART K:
SURFACE
IMPOUNDMENTS
Applicability
Design
and
Operating
Requirements
Double—lined Surface Impoundments:
Exemption from
Subpart F: Ground-water Protection Requirements
(Repealed)
Monitoring and
Inspection
Emergency Repairs; Contingency Plans
Closure and Post-closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020,
F021,
F022, F023,
F026 and F027
SUBPART L:
WASTE PILES
Section
724.350
724.351
724.352
724.353
Applicability
Design and Operating Requirements
Double-lined Piles:
Exemption from Subpart F:
water Protection Requirements
(Repealed)
Inspection of Liners:
Exemption from Subpart
F:
Ground—water Protection Requirements
(Repealed)
Ground-
0136-0155
36
724.354
724.
356
724.357
724
•
358
724.
359
Section
724
•
370
724.371
724.372
724.373
724.376
724 .378
724
•
379
724.380
724
•
381
724
•
382
724.383
Section
724.400
724.401
724
•
402
Monitoring and Inspection
Special
Requirements
for
Ignitable
or
Reactive
Waste
Special Requirements for Incompatible Wastes
Closure and Post—closure Care
Special Requirements for Hazardous Wastes F020,
F02l,
FO22~F023,~FO~6~
andTFO27
SUBPART
N:
LAND TREATMENT
Applicability
Treatment
Program
Treatment
Demonstration
Design and Operating Requirements
Food-chain Crops
Unsaturated Zone Monitoring
Recordkeeping
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020, F02l,
F022,
F023, F026 and F027
SUBPART N:
LANDFILLS
Applicability
Design and Operating Requirements
Double-lined Landfills:
Exemption from Subpart
F:
Ground-water Protection Requirements
(Repealed)
Monitoring and Inspection
Surveying and Recordkeeping
Closure and Post-closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Bulk and Containerized Liquids
Special Requirements for Containers
Disposal of Small Containers of Hazardous Waste in
Overpacked Drums (Lab Packs)
724.417
Special Requirements for Hazardous Wastes F020,
F021,
F022,
F023, F026 and F027
SUBPART 0:
INCINERATORS
App. icability
Waste Analysis
Principal Organic Hazardous Constituents (POHCs)
Performance Standards
Hazardous Waste Incinerator Permits
Operating Requirements
Monitoring and Inspections
Closure
724.403
724.409
724.410
724.412
724.413
724.414
724.415
724.416
Section
724.440
724.441
724.442
724.443
724.444
724.445
724.447
724.451
0136-0 156
37
SUBPART W:
DRIP PADS
Section
724.670
Applicability
724.671
Assessment of existing drip pad integrity
724.672
Design and installation of new drip pads
724
.~
673-
Design-and operat-ing----requirement-s
724
.
674
Inspections
724.675
Closure
SUBPART X:
MISCELLANEOUS UNITS
Section
724.~-6~LQQ
Applicability
724.701
Environmental Performance Standards
724.702
Monitoring, Analysis, Inspection, Response, Reporting
and Corrective Action
724.703
Post—closure Care
SUBPART AA:
AIR EMISSION STANDARDS FOR PROCESS VENTS
App. icability
Definitions
Standards:
Process Vents
Standards:
Closed—vent Systems and Control Devices
Test methods and procedures
Recordkeeping requirements
Reporting Requirements
SUBPART BB:
AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Applicability
Definitions
Standards:
Standards:
Standards:
Service
Standards:
Sampling Connecting Systems
Standards:
Open—ended Valves or Lines
Standards:
Valves in Gas/Vapor or Light Liquid Service
Standards:
Pumps,
Valves,
Pressure
Relief
Devices
and
Other
Connectors
Standards:
Delay
of
Repair
Standards:
Closed—vent Systems and Control Devices
Alternative Percentage Standard for Valves
Skip Period Alternative for Valves
Test Methods and Procedures
Recordkeeping Requirements
Reporting Requirements
Appendix
A
Recordkeeping
Instructions
Appendix B
EPA Report Form and Instructions
(Repealed)
Appendix D
Cochran’s Approximation to the Behrens-Fisher
Student’s T-Test
0136-0157
Section
724.930
724.931
724.932
724.933
724.934
724.935
724.936
Section
724.950
724.951
724
•
952
724.953
724.954
724.955
724.956
724.957
724.958
724.959
724.960
724.961
724.962
724.963
724.964
724.965
Pumps
in Light Liquid Service
Compressors
Pressure Relief Devices in Gas/Vapor
38
Appendix E
Examples of Potentially Incompatible Waste
Appendix I
Groundwater Monitoring List
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill. Rev. Stat.
1991,
ch.
1-1-1½-1---pars-~----1-O22
.
4~nd--1O2-7)~
SOURCE:
Adopted in R82-l9, 53 PCB 131, at
7 Ill. Reg. 14059,
effective October 12,
1983; amended in R84—9 at
9 Ill. Reg.
11964, effective July 24,
1985; amended in R85—22 at 10 Ill. Reg.
1136, effective January
2, 1986; amended in R86—l at 10 Ill.
Reg.
14119, effective August 12,
1986; amended in R86—28 at 11 Ill.
Reg.
6138,
effective March 24,
1987; amended in R86—28 at 11 Ill.
Reg.
8684,
effective
April
21,
1987;
amended
in
R86—46
at
11
Ill.
Reg.
13577, effective August
4,
1987; amended in R87-5 at 11 Ill.
Reg. 19397, effective November 12,
1987; amended in R87-39 at 12
Ill. Reg.
13135, effective July 29,
1988; amended in R88—16 at 13
Ill. Reg.
458, effective December 28, 1988;
amended in R89-1 at
13 Ill. Reg.
18527, effective November 13,
1989; amended in R90—2
at 14 Ill. Reg.
14511, effective August 22,
1990; amended in R90—
10 at 14 Ill. Reg. 16658, effective September 25,
1990; amended
in R90—ll at 15 Ill. Reg.
9654, effective June 17,
1991;
amended
in R91—l at 15 Ill. Reg.
14572, effective October
1,
1991;
amended in R9l—l3 at 16 Ill.
Reg. 9833, effective June 9,
1992;
amended in R92-1 at 16 Ill. Reg.
,
effective
SUBPART H:
FINANCIAL REQUIREMENTS
Section 724.247
Liability Requirements
a)
Coverage for sudden accidental occurrences.
An owner
or operator of a hazardous waste treatment,
storage or
disposal facility, or a group of such facilities,
shall
demonstrate financial responsibility for bodily injury
and property damage to third parties caused by sudden
accidental
occurrences
arising
from
operations
of
the
facility or group of facilities.
The owner or operator
shall have and maintain liability coverage for sudden
accidental occurrences in the amount of at least $1
million per occurrence with an annual aggregate of at
•least $2 million, exclusive of legal defense costs.
This liability coverage may be demonstrated as
specified in subsections
(a) (1),
fa-)-(2),
(-a)-(3)~
-(-a)-(4),
fa~)-(5) or -fa)-(6) below:
1)
An owner or operator may demonstrate the required
liability coverage by having liability insurance
as specified in this subsection.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
0136-0 158
39
Liability Endorsement or evidenced by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in Section 724.251. The wording of
the certificate of insurance must be as
specified
-i-n-S-ection--7-24
.
251 ~—The~owner~or
operator shall submit a signed duplicate
original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance policy.
An owner
or operator of a new facility shall submit
the signed duplicate original of the
Hazardous Waste Facility Liability
Endorsement or the Certificate of Liability
Insurance to the Agency at least 60 days
before the date on which hazardous waste is
first received for treatment,
storage or
disposal.
The insurance must be effective
before this initial receipt of hazardous
waste.
B)
Each insurance policy must be issued by an
insurer which is licensed •by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
the guarantee for liability coverage as specified
in subsections
(f)
and
(g)
below.
3)
An owner or operator may meet the requirements of
this Section by obtaining a letter of credit for
liability coverage as specified in subsection
(h)
below.
4)
An owner or operator may meet the requirements of
this Section by obtaining a surety bond for
liability coverage as specified in subsection
(i)
below.
5)
An owner or operator may meet the requirements of
this Section by obtaining a trust fund for
liability coverage as specified in subsection
(j)
below.
6)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance,
financial test, guarantee,
letter of
credit, surety bond and trust fund,
except that
the owner or operator may not combine a financial
0136-0159
40
test covering part of the liability coverage
requirement with a guarantee unless the financial
statement of the owner or operator is not
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must~total
~at--1east
--the--minimum-amounts---required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection, the owner or operator shall
specify at least one such assurance as “primary”
coverage, and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever
a claim for bodily injury or
property damage caused by the operation of a
hazardous
waste
treatment,
storage
or
disposal facility is made against the owner
or operator or an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever
the
amount
of
financial
assurance
for liability coverage under this Section
provided by a financial instrument authorized
by subsections
(a) (1) through
(a) (6)
above is
reduced.
b)
Coverage for nonsudden accidental occurrences.
An
owner or operator of a surface impoundment, landfill,
land treatment facility or disDosal miscellaneous
diapo3al unit which is used to manage hazardous waste,
or
a
group
of
such
facilities,
shall
demonstrate
financial responsibility for bodily injury and property
damage to third parties caused by nonsudden accidental
occurrences arising from operations of the facility or
group of facilities.
The owner or operator shall have
and maintain liability coverage for nonsudden
accidental occurrences in the amount of at least $3
million per occurrence with an annual aggregate of at
least $6 million, exclusive of legal defense costs.
An
owner or operator meeting the requirements of this
Section may combine the required per—occurrence
coverage levels for sudden and nonsudden accidental
occurrences into a single per—occurrence level, and
combine the required annual aggregate coverage levels
for sudden and nonsudden accidental •occurrences into a
single annual aggregate level.
Owners or operators who
combine coverage levels for sudden and nonsudden
0136-0160
41
accidental occurrences shall maintain liability
coverage
in
the
amount
of
at
least
$4 million per
occurrence and •$8 million annual aggregate.
This
liability coverage may be demonstrated as specified in
subsections
(b)(l),
-(~-(2),
-fb3-(3),
-(-~)-(4), -fb~-(5) or
1)
An owner or operator may demonstrate the required
liability coverage by having liability insurance
as specified in this paragraph subsection.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
Liability Endorsement or evidenced by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in Section 724.251.
The wording of
the certificate of insurance must be as
specified in Section 724.251.
The owner or
operator
shall
submit
a
signed
duplicate
original
of
the
endorsement
or
the
certificate
of
insurance
to
the
Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance policy.
An owner
or operator of a new facility shall submit
the signed duplicate original of the
Hazardous Waste Facility Liability
Endorsement or the Certificate of Liability
Insurance to the Agency at least 60 days
before the date on which hazardous waste is
first received for treatment, storage or
disposal.
The insurance must be effective
before this initial receipt of hazardous
waste.
B)
Each insurance policy must be issued by an
insurer which is licensed by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
the guarantee for liability coverage as specified
in
subsections
(f)
and
(g)
below.
3)
An
owner
or
operator
may
meet
the
requirements
of
this Section by obtaining a letter of credit for
liability coverage as specified in subsection
(h)
below.
4)
An
owner
or
operator
may
meet
the
requirements
of
this Section by obtaining
a surety bond for
0136-0161
42
liability
coverage
as
specified
in
subsection
(i)
below.
5)
An owner or operator may meet the requirements of
this Section by obtaining a trust fund for
liability
-
coverage---as---spec-i-fied---in--subsection
--j
-~
below.
3
~)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance,
financial test, guarantee,
letter of
credit, surety bond and trust fund,
except that
the owner or operator may not combine a financial
test covering part of the liability coverage
requirement with a guarantee unless the financial
statement of the owner or operator is not
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must total at least the minimum amounts required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection,
the owner or operator shall
specify at least one such assurance as “primary”
•coverage, and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever a claim for bodily injury or
property damage caused by the operation of a
hazardous waste treatment, storage or
disposal facility is made against the owner
or operator or an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever the amount of financial assurance
for liability coverage under this Section
provided
by
a
financial
instrument
authorized
by subsections
(a) (1) through
(a) (6)
above is
reduced.
c)
Request for adjusted level of required liability
coverage.
If an owner or operator demonstrates to the
Agency that the levels of financial responsibility
required by subsections
(a) or
(b) above are not
consistent with the degree and duration of risk
associated with treatment, storage or disposal at the
facility
or
group
of
facilities,
the
owner
or
operator
may obtain an adjusted level of required liability
0136-0162
43
coverage
from
the
Agency.
The
request
for
an
adjusted
level
of
required
liability coverage must be submitted
to the Agency as part of the application under 35 Ill.
Adm. Code 703.182 for a facility that does not have a
permit,
or
pursuant
to
the
procedures
for
permit
modification--under---3-5--I-1-l.---Adm
•.~
-Code ---IGS-.-1-2&--for--a
facility that has a permit.
If granted, the
modification
will
take
the
form
of
an
adjusted
level
of
required liability coverage, such level to be based on
the Agency assessment of the degree and duration of
risk associated with the ownership or operation of the
facility
or group of facilities.
The Agency may
require an
owner
or
operator
who
requests
an
adjusted
level of required liability coverage to provide such
technical and engineering information as is necessary
to
determine a
level
of
financial
responsibility
other
than that required by subsection
(a) or
(b)
above.
Any
request
for
an
adjusted
level
of
required
liability
coverage for a permitted facility will be treated as a
request for a permit modification under 35 Ill. Adm.
Code 702.184(c) (3)
703.271(e) (3) and 705.128.
d)
Adjustments by the Agency.
If the Agency determines
that the levels of financial responsibility required by
subsection
(a) or
(b)
above are not consistent with the
degree and duration of risk associated with treatment,
storage
or
disposal
at
the
facility
or
group
of
facilities, the Agency shall adjust the level of
financial
responsibility
required
under
subsection
(a)
or
(b)
above as may be necessary to protect human
health and the environment.
This adjusted level must
be based on the Agency’s assessment of the degree and
duration of risk associated with the ownership or
operation of the facility or group of facilities.
In
addition,
if the Agency determines that there is a
significant risk to human health and the environment
from nonsudden accidental occurrences resulting from
the operations of a facility that is not a surface
impoundment, landfill or land treatment facility, the
Agency may require that an owner or operator of the
facility
comply
with
subsection
(b)
above.
An
owner
or
operator
shall furnish to the Agency, within a time
specified by the Agency in the request, which must be
not be less than 30 days, any information which the
Agency requests to determine whether cause exists for
such adjustments of level or type of coverage.
Any
adjustment of the level or type of coverage for a
facility that has a permit will be treated as a permit
modification under 35 Ill. Adm. Code 702.184(c) (3)
703.271(e) (3) and 705.128.
e)
Period of coverage.
Within 60 days after receiving
0~36-0163
44
certifications from the owner or operator and an
independent registered professional engineer that final
closure has been completed in accordance with the
approved
closure
plan,
the
Agency
shall
notify
the
owner or operator in writing that the owner or operator
isnolonger raqutred bytSectiot~maintainT
liability coverage for that facility, unless the Agency
determines that closure has not been in accordance with
the approved closure plan.
f)
Financial test for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by demonstrating that it passes a
financial test as specified in this paragraph.
To
pass this test the owner or operator shall meet
the criteria of subsection
(f) (1) (A) or
(f) (1) (B)
below:
A)
The owner or operator shall have:
i)
Net working capital and tangible net
worth each at least six times the amount
of liability coverage to be demonstrated
by this test; and
ii)
Tangible net worth of at least $10
million; and
iii) Assets in the United States amounting to
either:
at least 90 percent of the
total assets; or at least six times the
amount of liability coverage to be
demonstrated
by
this
test.
B)
The owner or operator shall have:
i)
A current rating for its most recent
bond issuance of AAA, AA, A or BBB as
issued by Standard and Poor’s, or Aaa,
Aa, A or Baa as issued by Moody’s; and
ii)
Tangible net worth of at least $10
million; and
iii) Tangible net worth at least six times
the amount of liability coverage to be
demonstrated
by
this
test;
and
iv)
Assets in the United States amounting to
either:
at least 90 percent of the
total assets; or at least six times the
01 36-0 16~
45
amount of liability coverage to be
demonstrated by this test.
2)
The phrase “amount of liability coverage” as used
in subsection
(f) (1)
above refers to the annual
aggregate
-amountsT-
-for-which-coverage—is--required
under
subsections
(a)
and
(b)
above.
3)
To
demonstrate
that
it
meets
this
test,
the
owner
or
operator
shall
submit
the
following
three
items
to the Agency:
A)
A letter signed by the owner’s or operator’s
chief financial officer and worded as
specified in Section 724.251.
If an owner or
operator is using the financial test to
demonstrate both assurance for closure or
post—closure care,
as specified by Sections
724.243(f),-
~
724.245(f),- and 35 Ill.
Adju.
Code 725.243(e)
and 725.245(e),
and liability
coverage,
it shall submit the letter
specified in Section 724.251 to cover both
forms of financial responsibility; a separate
letter as specified in Section 724.251 is not
•
required.
B)
A copy of the independent certified public
accountant’s report on examination of the
owner’s or operator’s financial statements
for the latest completed fiscal year.
C)
A special report from the owner’s or
operator’s independent certified public
accountant to the owner or operator stating
that:
1)
The accountant has compared the data
which the letter from the chief
financial
officer
specifies
as
having
been derived from the independently
audited, year—end financial statements
for the latest fiscal year with the
amounts in such financial statements;
and
ii)
In connection with that procedure,
no
matters came to the accountant’s
attention which caused the accountant to
believe that the specified data should
be
adjusted.
4)
An owner or operator of a new facility shall
0136-0 165
46
submit the items specified in subsection
(f) (3)
above to the Agency at least
60 days before the
date on which hazardous waste is first received
for treatment,
storage or disposal.
5-)
Aftex theinitial-submission of
teiusspec±f±ed-in
subsection
(f) (3)
above, the owner of operator
shall send updated information to the Agency
within 90 days after the close of each succeeding
fiscal year. This information must consist of all
three items specified in subsection
(f) (3)
above.
6)
If the owner or operator no longer meets the
requirements of subsection
(f) (1)
above, the owner
or operator shall obtain insurance for the entire
amount of required liability coverage as specified
in this Section.
Evidence of insurance must be
submitted to the Agency within 90 days after the
end of the fiscal year for which the year-end
financial data show that the owner or operator no
longer meets the test requirements.
7)
The Agency may disallow use of this test on the
basis of qualifications in the opinion expressed
by the independent certified public accountant in
the accountant’s report on examination of the
owner’s or operator’s financial statements (see
subsection
(f) (3) (B)
above).
An adverse opinion
or a disclaimer of opinion will be cause for
disallowance.
The Agency shall evaluate other
qualifications on an individual basis.
The owner
or operator shall provide evidence of insurance
for the entire amount of required liability
coverage as specified in this Section within 30
days after notification of disallowance.
g)
Guarantee for liability coverage.
1)
Subject to subsection
(g) (2) below,
an owner or
operator may meet the requirements of this Section
by obtaining a written guarantee, referred to as a
“guarantee.”
The guarantor shall be the direct or
higher—tier
parent
corporation
of
the
owner
or
operator, a firm whose parent corporation is also
the parent corporation of the owner or operator,
or a firm with a “substantial business
relationship” with the owner or operator.
The
guarantor shall meet the requirements for owners
and operators in subsections
(f) (1) through
(f) (6)
above.
The wording of the guarantee must be as
specified in Section 724.251.
A certified copy of
the
guarantee
must
accompany
the
items
sent to the
0136-0166
47
Agency as specified in subsection
(f) (3) above.
One of these items must be the letter from the
guarantor’s chief financial officer.
If the
guarantor’s parent corporation is also the parent
corporation of the owner or operator, this letter
must
describ~the
varue
~e~e1ved iide~tioh
of the guarantee.
If the guarantor is a firm with
a
“substantial
business
relationship”
with
the
owner or operator, this letter must describe this
“substantial business relationship” and the value
received
in
consideration
of
the
guarantee.
The
terms of the guarantee must provide that:
A)
If the owner or operator fails to satisfy a
judgment based on a determination of
liability for bodily injury or property
damage to third parties caused by sudden or
nonsudden accidental occurrences
(or both as
the case may be), arising from the operation
of facilities covered by this guarantee, or
fails to pay an amount agreed to in
settlement of claims arising from or alleged
to arise from such injury or damage, the
guarantor will do so up to the limits of
coverage.
B)
The guarantee will remain in force unless the
guarantor sends notice of cancellation by
certified mail to the owner or operator and
to the Agency.
The guarantee must not be
terminated unless and until the Agency
approves alternate liability coverage
complying with Section 724.247 or 35 Ill.
Adin.
Code 725.247.
2)
The guarantor shall execute the guarantee in
Illinois.
The guarantee shall be accompanied by a
letter signed by the guarantor which states that:
A)
The guarantee was signed in Illinois by an
authorized agent of the guarantor;
B)
The guarantee is governed by Illinois law;
and
C)
The name and address of the guarantor’s
registered agent for service of process.
3)
The guarantor shall have a registered agent
pursuant to Section 5.05 of the Business
Corporation Act of 1983
(Ill. Rev. Stat. 1~87l99l,
ch.
32, par.
5.05)
or Section 105.05 of the
0136-U 167
48
General Not-for—Profit Corporation Act of 1986
(Ill.
Rev. Stat.
19871991, ch.
32, par.
105.05).
h)
Letter of credit for liability coverage.
1)
~n owner or operator may satisfy the requirements
of this Section by obtaining an irrevocable
standby letter of credit which conforms to the
requirements of this subsection, and submitting a
copy of the letter of credit to the Agency.
2)
The financial institution issuing the letter of
credit shall be an entity which has the authority
to issue letters of credit and whose letter of
credit operations are regulated and examined by
the Illinois Commissioner of Banks and Trust
Companies.
3)
The wording of the letter of credit must be as
specified in Section 724.251.
1)
surety bond for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by obtaining a surety bond which
conforms to the requirements of this subsection
and submitting a copy of the bond to the Agency.
2)
The surety company issuing the bond shall be
licensed by the Illinois Department of Insurance.
3)
The wording of the surety bond must be as
specified in Section 724.251.
j)
Trust fund for liability coverage.
1)
An
owner
or
operator
may
satisfy
the
requirements
of this Section by establishing a trust fund which
conforms
to
the
requirements
of
this
subsection
and submitting a signed, duplicate original of the
trust agreement to the Agency.
2)
The trustee shall be an entity which has the
authority to act as a trustee and whose trust
operations are regulated and examined by the
Illinois Commissioner of Banks and Trust
Companies, or who complies with the Corporate
Fiduciary Act.
(Ill. Rev. Stat. 19871991,
ch.
17,
par.
1551—1 et seq.)
3)
The trust fund for liability coverage must be
funded for the full amount of the liability
0136-0168
49
coverage
to
be
provided
by
the
trust
fund
before
it
may
be
relied
upon
to
satisfy
the
requirements
of this Section.
If at any time after the trust
fund is created the amount of funds in the trust
fund is reduced below the full amount of liability
coverage-to--be--prov±ded-j--
-the-owner
or -operator,-by
the
anniversary
of
the
date
of
establishment
of
the fund,
shall either add sufficient funds to the
trust fund to cause its value to equal the full
amount
of
liability
coverage
to
be
provided,
or
obtain other financial assurance as specified in
this Section to cover the difference.
For
purposes of
this
subsection,
“the
full
amount
of
the liability coverage to be provided” means the
amount of coverage for sudden and nonsudden
accidental occurrences required to be provided by
the owner or operator by this Section,
less the
amount of financial assurance for liability
coverage which is being provided by other
financial assurance mechanisms being used to
demonstrate financial assurance by the owner or
operator.
4)
The wording of the trust fund must be as specified
in Section 724.251.
(Source:
Amended at 16 Ill.-~Reg.
,
effective
)
0136-0169
50
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
c:
HAZARDOUS
WASTE
OPERATING
REQUIREMENTS
PART--725
INTERIM
STATUS
STANDARDS
FOR
OWNERS AND
OPERATORS
OF
HAZARDOUS
WASTE
TREATMENT,
STORAGE
AND DISPOSAL FACILITIES
SUBPART A:
GENERAL PROVISIONS
Section
725.101
Purpose, Scope and Applicability
725.104
Imminent Hazard Action
SUBPART B:
GENERAL FACILITY STANDARDS
Section
725.110
Applicability
725. 111
USEPA Identification Number
725.112
Required Notices
725.113
General Waste Analysis
725.114
Security
725.115
General Inspection Requirements
725.116
Personnel Training
725.117
General
Requirements
for
Ignitable,
Reactive
or
Incompatible Wastes
725.118
Location Standards
SUBPART C:
PREPAREDNESS
AND
PREVENTION
Section
725.130
Applicability
725.131
Maintenance and Operation of Facility
725.132
Required Equipment
725.133
Testing and Maintenance of Equipment
725.134
Access to Communications or Alarm System
725.135
Required Aisle Space
725.137
Arrangements with Local Authorities
SUBPART D:
CONTINGENCY
PLAN
AND EMERGENCY PROCEDURES
Section
725.150
Applicability
725.151
Purpose and Implementation of Contingency Plan
725.152
Content of Contingency Plan
725.153
Copies of Contingency Plan
725.154
Amendment of Contingency Plan
725.155
Emergency Coordinator
725.156
Emergency
Procedures
SUBPART
E:
MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
Section
725.170
Applicability
725.171
Use of Manifest System
725.172
Manifest Discrepancies
01 36-0170
51
Operating Record
Availability,
Retention and Disposition of Records
Annual Report
Unmanifested Waste Report
Addition~’1.Renorts
SUBPART F:
GROUNDWATER MONITORING
Applicability
Groundwater Monitoring System
Sampling and Analysis
Preparation, Evaluation and Response
Recordkeeping and Reporting
SUBPART G:
CLOSURE
AND
POST-CLOSURE
Applicability
Closure Performance Standard
Closure Plan; Amendment of Plan
Closure; Time Allowed for Closure
Disposal or Decontamination of Equipment, Structures
and Soils
Certification of Closure
Survey Plat
Post—closure Care and Use of Property
Post—closure Plan; Amendment of Plan
Post—Closure Notices
Certification of Completion of Post—Closure Care
Section
725.240
725
•
241
725.242
725.243
725.244
725.245
SUBPART H:
FINANCIAL REQUIREMENTS
Applicability
Definitions of Terms as Used in this Subpart
Cost Estimate for Closure
Financial Assurance for Closure
Cost Estimate for Post—closure Care
Financial Assurance for Post—closure Monitoring and
Maintenance
725.246
Use of a Mechanism for Financial Assurance of Both
Closure and Post-closure Care
725.247
Liability Requirements
725.248
Incapacity of Owners or Operators, Guarantors or
Financial Institutions
725.251
Promulgation of Forms
(Repealed)
SUBPART
I:
USE AND MANAGEMENT OF CONTAINERS
Section
725.270
725.271
725. 272
725.273
725.274
Applicability
Condition of Containers
Compatibility of Waste with Container
Management of Containers
Inspections
0136-0171
725.173
725.174
725.175
725.176
725.
171
Section
725.190
725.191
725.192
725.193
725.194
Section
725.210
725.211
725.212
725.213
725.214
725.215
725.216
725. 217
725.218
725.219
725.220
52
725.276
Special Requirements for Ignitable or Reactive Waste
725.277
Special Requirements for Incompatible Wastes
SUBPART 3:
TANK SYSTEMS
Section
725-.-29-0
725.291
725.292
725.293
725.294
725.295
725.296
725.297
725.298
725.299
725.300
725.301
Section
725.320
725.321
725.322
725.323
725.325
725.326
725.328
725.329
725.330
Section
725.350
725.351
725.352
725.353
725.354
725.356
725.357
725.358
Section
725.370
725.372
725. 373
725.376
725.378
725. 379
725. 380
Applicability
Assessment of Existing Tank System’s Integrity
Design and Installation of New Tank Systems or
Components
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to leaks or spills and disposition of Tank
Systems
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Waste Analysis and Trial Tests
Generators of 100 to 1000 kg/mo.
SUBPART K:
SURFACE IMPOUNDMENTS
Applicability
Design Requirements
General Operating Requirements
Containment System
Waste Analysis and Trial Tests
Inspections
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
SUBPART L:
WASTE PILES
Applicability
Protection from Wind
Waste Analysis
Containment
Design Requirements
Special Requirements for Ignitable or Reactive Waste
Special
Requirements
for
Incompatible
Wastes
Closure and Post-Closure Care
SUBPART M:
LAND TREATMENT
Applicability
General Operating Requirements
Waste Analysis
Food Chain Crops
Unsaturated Zone (Zone of Aeration) Monitoring
Recordkeeping
Closure and Post—closure
0 136-0 172
53
725.381
Special Requirements for Ignitable or Reactive Waste
725.382
Special Requirements for Incompatible Wastes
SUBPART N:
LANDFILLS
Section
725. 6OTG
725.401
725.402
725.409
725.410
725.412
725.413
725.414
725.415
725.416
Section
725.440
725.441
725.445
725.447
725.451
725.452
Section
725.470
725.473
725.475
725.477
725.481
725.482
725.483
Ap~flcabflity
Design Requirements
General
Operating
Requirements
Surveying and Recordkeeping
Closure and Post—Closure
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Liquid Wastes
Special Requirements for Containers
Disposal of Small Containers of Hazardous Waste in
Overpacked Drums
(Lab Packs)
SUBPART
0:
INCINERATORS
Applicability
Waste Analysis
General Operating Requirements
Monitoring and Inspection
Closure
Interim Status Incinerators Burning Particular
Hazardous Wastes
SUBPART
P:
THERMAL
TREATMENT
Other Thermal Treatment
General Operating Requirements
Waste Analysis
Monitoring and Inspections
Closure
Open Burning; Waste pplosives
Interim Status Thermal Treatment Devices Burning
Particular Hazardous Waste
SUBPART Q:
CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT
Section
725.500
725.501
725.502
725.503
725.504
725.505
725.506
Applicability
General
Operating
Requirements
Waste Analysis and Trial Tests
Inspections
Closure
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Section
725.530
SUBPART R:
UNDERGROUND INJECTION
Applicability
0136-0173
54
SUBPART W:
DRIP PADS
Section
725.540
725.541
725.542
~25.-54
3
725.544
725.545
Applicability
Assessment of existing drip pad integrity
Design and installation of new drip pads
Design -and--~perati-ng-requirement-s
Inspections
Closure
SUBPART AA:
AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
725.930
725.931
725.932
725.933
725.934
725. 935
Applicability
Definitions
Standards:
Process Vents
Standards:
Closed-vent Systems and Control Devices
Test methods and procedures
Recordkeeping Requirements
SUBPART BB:
AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Applicability
Definitions
Standards:
Standards:
Standards:
Service
Standards:
Sampling Connecting Systems
Standards:
Open—ended Valves or Lines
Standards:
Valves in Gas/Vapor or Light Liquid Service
Standards:
Pumps,
Valves, Pressure Relief Devices,
Flanges and Other Connectors
Standards:
Delay of Repair
Standards:
Closed-vent Systems and Control Devices
Percent Leakage Alternative for Valves
Skip Period Alternative for Valves
Test Methods and Procedures
Recordkeeping
Requirements
725.Appendix A Recordkeeping Instructions
725.Appendix B EPA Report Form and Instructions
(Repealed)
725.Appendix C EPA Interim Primary Drinking Water Standards
725.Appendix D Tests for Significance
725.AppendiX E Examples of Potentially Incompatible Waste
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill. Rev. Stat.
1991,
ch.
111—1/2, pars.
1022.4 and 1027).
SOURCE:
Adopted in R81—22, 43 PCB 427, at 5 Ill. Reg.
9781,
effective as noted in 35 Ill.
Adin. Code 700.106; amended and
codified in R8l—22,
45 PCB 317, at 6 Ill. Reg.
4828,
effective as
noted in 35 Ill. Adm. Code 700.106; amended in R82-18,
51 PCB
0136-01714
Section
725.950
725.951
725.952
725. 953
725.954
725.955
725.956
725.957
725.958
725.959
725.960
725.961
725.962
725.963
725.964
Pumps in Light Liquid Service
Compressors
Pressure Relief Devices in Gas/Vapor
55
831, at 7 Ill. Reg.
2518, effective February 22,
1983; amended in
R82—19,
53 PCB 131, at
7
Ill. Reg.
14034, effective October 12,
1983; amended in R84—9, at
9
Ill. Reg.
11869, effective July 24,
1985; amended in R85-22 at 10
Ill. Reg.
1085, effective January
2,
1986; amended in R86-1 at
10 Ill.
Reg. 14069, effective August
----l2-,--i9~~amended th--R86~
tflI~Reg.~O4
4~effective -March-
24,
1987; amended in R86—46 at 11 Ill. Reg.
13489, effective
August 4, 1987;
amended in R87—5 at 11 Ill. Reg.
19338, effective
November 10,
1987; amended in R87—26 at 12 Ill. Reg.
2485,
effective
January
15,
1988; amended in R87—39 at 12 Ill. Reg.
13027, effective July 29,
1988; amended in R88—16 at 13 Ill. Reg.
437, effective December 28,
1988; amended in R89-1 at 13 Ill.
Reg.
18354, effective November 13,
1989; amended in R90—2 at 14
Ill.
Reg.
14447,
effective
August
22,
1990; amended in R90—1O at
14 Ill. Req. 16498,
effective September 25,
1990; amended in R90-
11 at 15 Ill. Reg. 9398,
effective June 17,
1991; amended in R91-
1 at 15 Ill. Reg.
14534, effective October 1,
1991;
amended in
R9l-l3 at 16 Ill. Reg. 9578, effective June 9,
1992;
amended in
R92-1 at 16 Ill. Reg.
,
effective
SUBPART F:
GROUNDWATER MONITORING
Section 725.191
Groundwater Monitoring System
a)
A groundwater monitoring system must be capable of
yielding groundwater samples for analysis and must
consist of:
1)
Monitoring wells
(at least one)
installed
hydraulically upgradient (i.e.,
in the direction
of increasing static head)
from the limit of the
waste management area.
Their number, locations
and depths must be sufficient to yield groundwater
samples that are:
A)
Representative of background groundwater
quality in the uppermost aquifer near the
facility; and
B)
Not affected by the facility; and
2)
Monitoring wells
(at least three)
installed
hydraulically downgradient (i.e., in the direction
of decreasing static head)
at the limit of the
waste management area.
Their number, locations
and depths must ensure that they immediately
detect any statistically significant amounts of
hazardous waste or hazardous waste constituents
that migrate from the waste management area to the
uppermost aquifer.
b)
Separate monitoring systems for each waste management
0136-0 175
56
component of a facility are not required provided that
provisions for sampling upgradient and downgradient
water quality will detect any discharge from the waste
management area.
1)
-n--the
case---ef
--a
fac-i1-ity--cons-i-st-ing-of---onl~ -one
surface impoundment,
landfill or land treatment
area,
the
waste
management
area
is
described
by
the waste boundary (perimeter).
2)
In the case of a facility consisting of more than
one surface impoundment,
landfill or land
treatment area3, the waste management area is
described by the imaginary boundary line which
circumscribes the several waste management
components.
fl
The facility owner or operator may demonstrate
that an alternate hydraulically downciradient
monitoring well location will meet the criteria
outlined below.
The demonstration must be in
writing and kept at the facility.
The
demonstration must be certified by a qualified
groundwater scientist and establish that:
~j
An existing physical obstacle prevents
monitoring well installation at the
hydraulically downçrradient limit of the waste
management area; and
~j
The selected alternate downgradient location
is as close to the limit of the waste
management area as practical; and
çj~,
The alternate location ensures detection as
early as possible of any statistically
significant amounts of hazardous waste or
hazardous waste constituents that migrate
from the waste management area to the
uppermost aauifer.
QL
Lateral expansion.
new, or renlacement units
are not eligible for an alternate
downgradient location under this subsection.
C)
All monitoring wells must be cased in a manner that
maintains the integrity of the monitoring well bore
hole.
This casing must be screened or perforated and
packed with gravel or sand where necessary to enable
sample collection at depths where appropriate aquifer
flow zones exist.
The annular space
(i.e.,
the space
between the bore hole and well casing) above the
0136-0 176
57
sampling depth must be sealed with a suitable material
(e.g.,
cement grout or bentonite slurry) to prevent
contamination
of
samples
and
the
groundwater.
(Source:
Amended at 16
Ill. Reg.
,
effective
SUBPART
H:
FINANCIAL
REQUIREMENTS
Section 725.247
Liability Requirements
a)
Coverage for sudden accidental occurrences.
An owner
or operator of a hazardous waste treatment, storage or
disposal facility, or a group of such facilities, shall
demonstrate financial responsibility for bodily injury
and property damage to third parties caused by sudden
accidental occurrences arising from operations of the
facility or group of facilities.
The owner or operator
shall have and maintain liability coverage for sudden
accidental occurrences in the amount of at least $1
million per occurrence with an annual aggregate of at
least $2 million, exclusive of legal defense costs.
This liability coverage may be demonstrated as
specified in subsections -(a) (1),
*a3-(2),
-a-)-(3),
-(-a-)-(4), ~a-)-(5)and
-(-a-)-(6) below:
1)
An owner or operator may demonstrate the required
liability coverage by having liability insurance
as specified in this paragraph.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
Liability Endorsement or evidenced by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in 35 Ill.
Adin. Code 724.251.
The
wording of the certificate of insurance must
be as specified in 35 Ill. Adm. Code 724.251.
The owner or operator shall submit a signed
duplicate original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance policy.
B)
Each insurance policy must be issued by an
insurer which is licensed by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
the guarantee for liability coverage as specified
0136-0 177
58
in subsections
(1)
and
(g)
below.
3)
An owner or operator may meet the requirements of
this Section by obtaining a letter of credit for
liability coverage as specified in subsection
(h)
be±ow.
4)
An owner or operator may meet the requirements of
this Section by obtaining a surety bond for
liability coverage as specified in subsection
(1)
below.
5)
An owner or operator may meet the requirements of
this Section by obtaining a trust fund for
liability coverage as specified in subsection
(j)
below.
6)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance,
financial test,
guarantee,
letter of
credit, surety bond and trust fund,
except that
the owner or operator may not combine a financial
test covering part of the liability coverage
requirement with a guarantee unless the financial
statement of the owner or operator is not
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must total at least the minimum amounts required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection,
the owner or operator shall
specify at least one such assurance as 0primary”
coverage, and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever a claim for bodily injury or
property
damage
caused
by
the
operation
of
a
hazardous waste treatment, storage or
disposal facility is made against the owner
or operator or an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever the amount of financial assurance
for liability coverage under this Section
provided by a financial instrument authorized
by subsections
(a) (1) through
(a) (6)
above is
reduced.
0 136-0 178
59
b)
Coverage for nonsudden accidental occurrences.
An
owner or operator of a surface impoundment, landfill or
land treatment facility which is used to manage
hazardous waste, or a group of such facilities,
shall
demonstrate financial responsibility for bodily injury
and--property---damage-o-tM-rd--p
i-es--caused--by
nonsudden accidental occurrences arising from
operations of the facility or group of facilities.
The
owner or operator shall have and maintain liability
coverage for nonsudden accidental occurrences in the
amount of at least $3 million per occurrence with an
annual aggregate of at least $6 million, exclusive of
legal defense costs.
An owner or operator meeting the
requirements
of
this Section may combine the required
per—occurrence coverage levels for sudden and nonsudden
accidental occurrences into a single per—occurrence
level,
and combine the required annual aggregate
coverage levels for sudden and nonsudden accidental
occurrences into
a single annual aggregate level.
Owners or operators who combine coverage levels for
sudden and nonsudden accidental occurrences shall
maintain liability coverage in the amount of at least
$4 million per occurrence and $8 million annual
aggregate.
This liability coverage. may be demonstrated
as specified in subsections
(b) (1), 4~)-(2), -(~)-(3),
-f~3-(4),
-f~)-(5) and ~f~3-(6)below:
1)
An owner or operator may demonstrate the required
liability coverage by having liability insurance
as specified in this paragraph.
A)
Each insurance policy must be amended by
attachment of the Hazardous Waste Facility
Liability Endorsement or evidenceg by a
Certificate of Liability Insurance.
The
wording of the endorsement must be as
specified in 35 Ill. Adm. Code 724.251.
The
wording of the certificate of insurance must
be as specified in 35 Ill. Adm. Code 724.251.
The owner or operator shall submit a signed
duplicate original of the endorsement or the
certificate of insurance to the Agency.
If
requested by the Agency, the owner or
operator shall provide a signed duplicate
original of the insurance policy.
B)
Each insurance policy must be issued by an
insurer which is licensed by the Illinois
Department of Insurance.
2)
An owner or operator may meet the requirements of
this Section by passing a financial test or using
0136-0 179
60
the guarantee for liability coverage as specified
in subsections
(f) and
(g) below.
3)
An owner or operator may meet the requirements of
this_Section by obtaining a letter of credit for
lIãbilit~ó~±âgé~écIflëdin sü~s~ctIôn(h)
below.
4)
An owner or operator may meet the requirements of
this Section by obtaining a surety bond for
liability coverage as specified in subsection
(i)below.
5)
An owner or operator may meet the requirements of
this Section by obtaining a trust fund for
liability coverage as specified in subsection
(j)
below.
6)
An owner or operator may demonstrate the required
liability coverage through the use of combinations
of insurance,
financial test, guarantee,
letter of
credit, surety bond and trust fund, except that
the owner or operator may not combine a financial
test covering part of the liability coverage
requirement with a guarantee unless the financial
statement of the owner or operator is not
consolidated with the financial statement of the
guarantor.
The amounts of coverage demonstrated
must total at least the minimum amounts required
by this Section.
If the owner or operator
demonstrates the required coverage through the use
of a combination of financial assurances under
this subsection, the owner or operator shall
specify at least one such assurance as “primary”
coverage, and shall specify other such assurance
as “excess” coverage.
7)
An owner or operator shall notify the Agency
within 30 days:
A)
Whenever a claim for bodily injury or
property damage caused by the operation of a
hazardous waste treatment,
storage or
disposal facility is made against the owner
or operator or an instrument providing
financial assurance for liability coverage
under this Section; or
B)
Whenever the amount of financial assurance
for liability coverage under this Section
provided by a financial instrument authorized
by subsections
(a) (1) through
(a) (6)
above is
0136-0 180
61
reduced.
c)
Request for adjusted level of required liability
coverage.
If an owner or operator demonstrates to the
Agency that the levels of financial responsibility
requ-ired--bysubsections--fa-~---or--fb)-g~—are~n-ot
consistent with the degree and duration of risk
associated with treatment, storage or disposal at the
facility or group of facilities, the owner or operator
may obtain an adjusted level of required liability
coverage from the Agency.
The request for an adjusted
level of required liability coverage must be submitted
in writing to the Agency.
If granted, the Agency’s
action shall take the form of an adjusted level of
required liability coverage, such level to be based on
the Agency assessment of the degree and duration of
risk associated with the ownership or operation of the
facility or group of facilities.
The Agency may
require an owner or operator who requests an adjusted
level of required liability coverage to provide such
technical and engineering information as is necessary
to determine a level of financial responsibility other
than that required by subsection
(a) or
(b)
above.
The
Agency shall process any request for an adjusted level
of required liability coverage as if it were a permit
modification request under 35 Ill. Adm. Code
302.184(c) (3)
703.271(e~’(3)and 705.128.
Notwithstanding any other provision, the Agency shall
hold a public hearing whenever it finds,
on the basis
of requests, a significant degree of public interest in
a tentative decision to grant an adjusted level of
required liability insurance.
The Agency may also hold
a public hearing at its discretion whenever such a
hearing might clarify one or more issues involved in
the tentative decision.
d)
Adjustments by the Agency.
If the Agency determines
that the levels of financial responsibility required by
subsection
(a) or
(b)
above are not consistent with the
degree and duration of risk associated with -treatment,
storage or disposal at the facility or group of
facilities, the Agency shall adjust the level of
financial responsibility required under subsection
(a)
or
(b)
above as may be necessary to protect human
health and the environment.
This adjusted level must
be based on the Agency’s assessment of the degree and
duration of risk associated with the ownership or
operation of the facility or group of facilities.
In
addition, if the Agency determines that there is a
significant risk to human health and the environment
from nonsudden accidental occurrences resulting from
the operations of a facility that is not a surface
0136-0181
62
impoundment,
landfill or land treatment facility, the
Agency may require that an owner or operator of the
facility comply with subsection
(b) above.
An owner or
operator shall furnish to the Agency, within a time
specified by the Agency in the request, which shall not
-be--less- than--30--days,
any-informat-i-on
-
-which--the ~Agency
requests to determine whether cause exists for such
adjustments of level or type of coverage.
The Agency
shall process any request for an adjusted level of
required liability coverage as if it were a permit
modification request under 35 Ill. Adm. Code
702.184(c) (3) 703.271(e)(3~and 705.128.
Notwithstanding any other provision, the Agency shall
hold a public hearing whenever it finds, on the basis
of requests, a significant degree of public interest in
a tentative decision to grant an adjusted level of
required liability insurance.
The Agency may also hold
a public hearing at its discretion whenever such a
hearing might clarify one or more issues involved in
the tentative decision.
e)
Period of coverage.
Within 60 days after receiving
certifications from the owner or operator and an
independent registered professional engineer that final
closure has been completed in accordance with the
approved closure plan, the Agency shall notify the
owner or operator in writing that the owner or operator
is no longer required by this Section to maintain
liability coverage for that facility, unless the Agency
determines that closure has not been in accordance with
the approved closure plan.
f)
Financial test for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by demonstrating that the owner or
operator passes a financial test as specified in
this paragraph.
To pass this test the owner or
operator shall meet the criteria of subsection
(f) (1) (A) or
(f) (1) (B)
below:
A)
The owner or operator shall have:
i)
Net working capital and tangible net
worth each at least six times the amount
of liability coverage to be demonstrated
by this test; and
ii)
Tangible net worth of at least $10
million; and
iii) Assets in the United States amounting to
0 136-0 182
63
either:
at least 90 percent of total
assets; or at least six times the amount
of liability coverage to be demonstrated
by this test.
B)
The owner or operator shallhave:
i)
A current rating for the owner or
operator’s most recent bond issuance of
AAA, AA, A or BBB as issued by Standard
and Poor’s, or Aaa,
Aa, A or Baa as
issued by Moody’s; and
ii)
Tangible net worth of at least $10
million; and
iii) Tangible net worth at least six times
the amount of liability coverage to be
demonstrated by this test; and
iv)
Assets in the United States amounting to
either:
at least 90 percent of total
assets; or at least six times the amount
of liability coverage to be demonstrated
by this test.
2)
The phrase “amount of liability coverage” as used
in subsection
(f) (1) above refers to the annual
aggregate amounts for which coverage is required
under subsections
(a) and
(b)
above.
3)
To demonstrate that the owner or operator meets
this test,
the owner or operator shall submit the
following three items to the Agency:
A)
A letter signed by the owner’s or operator’s
chief financial officer and worded as
specified in 35 Ill. Adm. Code 724.251.
If
an owner or operator is using the financial
test to demonstrate both assurance for
closure or post—closure care,
as specified by
35 Ill. Adm. Code 724.243(f)
and 724.245(f),
or by Sections 725.243(e) and 725.245(e),
and
liability coverage,
it shall submit the
letter specified in 35 Ill. Adm. Code 724.251
to cover both forms of financial
responsibility; a separate letter as
specified in 35 Ill. Adm. Code 724.251 is not
required.
B)
A copy of the independent certified public
accountant’s report on examination of the
0136-0183
64
owner’s or operator’s financial statements
for the latest completed fiscal year.
C)
A special report from the owner’s or
operator’s independent certified public
acuntatto
the
o~neror- operator
stating
that:
1)
The accountant has compared the data
which the letter from the chief
financial officer specifies as having
been derived from the independently
audited, year—end financial statements
for the latest fiscal year with the
amounts in such financial statements;
and
ii)
In connection with that procedure,
no
matters came to the accountant’s
attention which caused the accountant to
believe that the specified data should
be adjusted.
5)
After the initial submission of items specified in
subsection
(f) (3) above, the owner or operator
shall send updated information to the Agency
within 90 days after the close of each succeeding
fiscal year.
This information must consist of all
three items specified in subsection
(f) (3)
above.
6)
If the owner or operator no longer meets the
requirements of subsection
(f) (1) above, the owner
or operator shall obtain insurance for the entire
amount of required liability coverage as specified
in this Section.
Evidence of insurance must be
submitted to the Agency within 90 days after the
end of the fiscal year for which the year—end
financial data show that the owner or operator no
longer meets the test requirements.
7)
The Agency may disallow use of this test on the
basis of qualifications in the opinion expressed
by the independent certified public accountant in
the accountant’s report on examination of the
owner’s or operator’s financial statements
(see
subsection
(f) (3) (B)
above).
An adverse opinion
or a disclaimer of opinion is cause for
disallowance.
The Agency shall evaluate other
qualifications on an individual basis.
The owner
or operator shall provide evidence of insurance
for the entire amount of required liability
coverage as specified in this Section within 30
0136-018k
65
days after notification of disallowance.
g)
Guarantee for liability coverage.
1)
Subject to subsection
(g) (2) below, an owner or
operator—may-meet-th-requ±remnts-ofths-Sectiu~i
by obtaining a written guarantee, referred to as a
“guarantee.”
The guarantor shall be the direct or
higher—tier parent corporation of the owner or
operator, a firm whose parent corporation is also
the parent corporation of the owner or operator,
or a firm with a “substantial business
relationship” with the owner or operator.
The
guarantor shall meet the requirements for owners
and operators in subsection
(f) (1) through
(f) (6)
above.
The wording of the guarantee must be as
specified in 35 Ill. Adm. Code 724.251.
A
certified copy of the guarantee must accompany the
items sent to the Agency as specified in
subsection
(f) (3)
above.
One of these items must
be the letter from the guarantor’s chief financial
officer.
If the guarantor’s parent corporation is
also the parent corporation of the owner or
operator, this letter must describe the value
received in consideration of the guarantee.
If
the guarantor is a firm with a “substantial
business relationship” with the owner or operator,
this letter must describe this “substantial
business relationship” and the value received in
consideration of the guarantee.
The terms of the
guarantee must provide that:
A)
If the owner or operator fails to satisfy a
judgment based on a determination of
liability for bodily injury or property
damage to third parties caused by sudden or
nonsudden accidental ocourcnccs occurrences
(or both as the case may be), arising from
the operation of facilities covered by this
guarantee, or fails to pay an amount agreed
to in settlement of claims arising from or
alleged to arise from such injury or damage,
the guarantor will do so up to the limits of
coverage.
B)
The guarantee remains in force unless the
guarantor sends notice of cancellation by
certified mail to the owner or operator and
to the Agency.
The guarantee must not be
terminated unless and until the Agency
approves alternate liability coverage
complying with Section 725.247 or 35
Ill.
0136-0 185
66
Adm. Code 724.247.
2)
The guarantor shall execute the guarantee in
Illinois.
The guarantee shall be accompanied by a
letter signed by the guarantor which states that:
A)
The guarantee was signed in Illinois by an
authorized agent of the guarantor;
B)
The guarantee is governed by Illinois law;
arid
C)
The name and address of the guarantor’s
registered agent for service of process.
3)
The guarantor shall have a registered agent
pursuant to Section 5.05 of the Business
Corporation Act of 1983
(Ill. Rev. Stat.
19871991,
ch.
32,
par. 5.05) or Section 105.05 of the
General Not-for-Profit Corporation Act of 1986
(Ill.
Rev.
Stat.
19071991, ch.
32, par. 105.05).
h)
Letter of credit for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by obtaining an irrevocable
standby letter of credit which conforms to the
requirements of this subsection, and submitting a
copy of the letter of credit to the Agency.
2)
The financial institution issuing the letter of
credit shall be an entity which has the authority
to issue letters of credit and whose letter of
credit operations are regulated and examined by
the Illinois Commissioner of Banks and Trust
Companies.
3)
The wording of the letter of credit must be as
specified in 35 Ill. Adm. Code 724.251.
1)
Surety bond for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by obtaining a surety bond which
conforms to the requirements of this subsection
and
submitting
a
copy
of
the
bond
to
the
Agency.
2)
The surety company issuing the bond shall be
licensed by the Illinois Department of Insurance.
3)
The wording of the surety bond must be as
specified in 35 Ill.
Adju.
Code
724.251.
0 136-U 186
67
j)
Trust fund for liability coverage.
1)
An owner or operator may satisfy the requirements
of this Section by establishing a trust
f3ind which
conforms to the requirements of this subsection
andsubmittina-signed7---dupl-icate--or-i-ginal----of---the
trust agreement to the Agency.
2)
The trustee shall be an entity which has the
authority to act as a trustee and whose trust
operations are regulated and examined by the
Illinois Commissioner of Banks and Trust
Companies, or who complies with the Corporate
Fiduciary Act.
(Ill.
Rev. Stat.
19871991, ch.
17,
par.
1551—1 et seq.)
3)
The trust fund for liability coverage must be
funded for the full amount of the liability
coverage to be provided by the trust
‘fund
before
it may be relied upon to satisfy the requirements
of this Section.
If at any time after the trust
fund is created the amount of funds in the trust
fund is reduced below the full amount of liability
coverage to be provided, the owner or operator, by
the anniversary of the date of establishment of
the fund,
shall either add sufficient funds to the
trust fund to cause its value to equal the full
amount of liability coverage to be provided, or
obtain other financial assurance as specified in
this Section to cover the difference.
For
purposes of this subsection,
“the full amount of
the liability coverage to be provided” means the
amount of coverage for sudden and nonsudden
accidental occurrences required to be provided by
the owner or operator by this Section, less the
amount of financial assurance for liability
coverage which is being provided by other
financial assurance mechanisms being used to
demonstrate financial assurance by the owner or
operator.
4)
The wording of the trust fund must be as specified
in 35 Ill. Adm. Code 724.251.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
0136-0187
