ILLINOIS POLLUTION CONTROL BOARD
    August
    9,
    1990
    IN
    THE M~ATTEROF:
    R89—13(A)
    IDENR SPECIAL WASTE
    )
    (Rulemaking)
    CATEGORIZATION
    )
    ADOPTED RULE.
    FINAL ORDER.
    ORDER OF THE BOARD
    (by 3. Anderson):
    The Board hereby adopts the following rules.
    A discussion
    of the adopted rules appears
    in a separate Opinion of this same
    date.
    The text of the adopted rules will appear in the bound
    opinion volumes.
    The Board hereby directs the Clerk of the Board to cause a
    copy of the adopted rules, together with the necessary supporting
    documents,
    to be published
    in the Illinois Register and
    filed
    with the Sectretary of State.
    IT IS SO ORDERED.
    3.
    Dumelle and M. Nardulli dissented.
    I,
    Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,~~ohereby cert~y that the above Order
    was
    adopted on the
    /—
    day of
    ____________,
    1990,
    by
    a vote of
    ________
    7~.
    ~
    Dorothy N.
    GI$ n,
    Clerk
    Illinois Pollution Control Board
    11~-
    4:~3

    2
    TITLE 35:
    ENVIRONNENTAL PROTECTION
    SUBTITLE
    G:
    WASTE DISPOSAL
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    i:
    SOLID WASTE
    AND
    SPECIAL WASTE HAULING
    PART 808
    SPECIAL WASTE CLASSIFICATIONS
    SUBPART
    A:
    GENERAL PROVISIONS
    Incorporations by Reference
    Generator Obligations
    Manifests
    Small Quantity Generators
    SUBPART
    B:
    CLASSES OF SPECIAL WASTE
    Special Waste Classes
    Default Classification of Special Wastes
    Special Handling Waste
    Wastes Categorized by Source
    Wastes Categorized by Characteristics
    Classification
    of Wastes
    SUBPART
    C:
    CRITERIA AND DATA REQUIREMENTS
    Introduction
    Degree of Hazard Determination by Computer
    Data Base and Bioassay Procedures
    SUBPART
    D:
    REQUEST FOR WASTE CLASSIFICATION
    Section
    808.400
    808.401
    808.402
    808. 410
    808.411
    808.412
    808.413
    808.420
    808.430
    808.431
    Introduction
    Application Forms
    Application for Waste Classification
    Physical and Chemical Analysis
    Significant Trace Constituents
    Common Names
    Wastestream Description
    Quality Assurance Plan
    Degree of Hazard Data
    Toxicological Testing
    SUBPART E:
    REVIEW OF CLASSIFICATION REQUESTS
    Order of Requesting Information
    Completeness
    SUBPART F:
    WASTESTREAM CLASSIFICATION DETERMINATIONS
    Purpose, Scope and Applicability
    Transitional Rule
    Definitions
    Section
    808.100
    808.101
    808.110
    808.111
    808.121
    808. 122
    808.123
    Section
    808.240
    808.241
    808.242
    808.243
    808.244
    808.245
    Section
    808.300
    808.301
    808.302
    Section
    808.501
    808.502
    114~434

    3
    Section
    808.520
    Time for Agency Action
    808.521
    Conditions
    of Wastestream Classification
    808.522
    Final Agency Action
    SUBPART
    G:
    MODIFICATION, APPEAL
    AND
    ENFORCEMENT
    Section
    808.541
    Request for Modification
    808.542
    Appeal
    808.543
    Effect of Classification
    808.544
    Enforcement
    808.545
    Modification
    SUBPART H:
    CATEGORICAL
    AND
    CHARACTERISTIC WASTES
    Section
    808. 600
    Introduction
    808.Appendix A Assignment of Special Waste to Classes
    808.Appendix B Toxicity Hazard
    AUTHORITY:
    Implementing Sections 21,
    22, 22.01 and 22.9,
    and
    authorized by Section 27
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch. l1l~,pars.
    1021,
    1022,
    1022.01,
    1022.9 and 1027).
    SOURCE:
    Adopted in R89-l3A at 14
    Ill. Beg.
    ,
    effective
    SUBPART
    A:
    GENERAL PROVISIONS
    Section 808.100
    Purpose, Scope and Applicability
    a)
    This Part provides a means by which persons may obtain
    a classification or declassification of special
    (non—
    Resources Conservation and Recovery Act (RCRA)
    (42
    U.S.C.
    6901 et seq.) waste as defined in Section
    808.110, based on the degree of hazard of the waste or
    other characteristics,
    to assure that the waste
    receives appropriate handling.
    This Part does not
    apply to materials which are not special wastes as
    defined
    by
    the Act.
    b)
    This Part allows any person generating such special
    waste to request waste classification and prescribc~s
    procedures by which applicants may supply detailed
    information
    in order to establish the appropriate waste
    classification.
    For the purposes of this Part,
    the
    term “c1assification~ includes declassification.
    Waste
    which has been declassified shall not be deemed special
    waste until further action to the contrary by the
    H
    35

    4
    Agency pursuant to this Part.
    c)
    Special wastes that are declassified pursuant to this
    Part are not subject to any of the special waste
    hauling, disposal and reporting requirements
    of
    35
    Ill.
    Adm.
    Code 809,
    but are still subject to other Parts of
    35 Ill. Adm. Code:
    Subtitle G which govern the
    transport, treatment,
    storage and hauling of non—
    special wastes.
    Section 808.101
    Transitional Rule
    Wastestreams which have been declassified by the Agency pursuant
    to Section 22.9(c)
    of the Act prior to the effective date of
    these rules shall remain declassified for a period of not more
    than two years following the effective date of these rules,
    unless extended by the Board in a variance proceeding.
    In order
    to accommodate its workload,
    the Agency may,
    by giving not less
    than 180 days’ prior written notice,
    require generators to make
    reapplication by
    a date certain within this two year time period.
    The Agency may extend this reapplication deadline for a period of
    not more than an additional
    180 days,
    but
    in no event may the
    Agency extend the deadline to a date more than two years
    fOllowing the effective date of this Part.
    Upon application
    before the deadline,
    such wastestreams shall remain declassified
    during the pendency of any Agency determination or any appeal to
    the Board of such determination made pursuant to Section 22.9(e)
    of the Act.
    As provided in Section 808.241, all special
    (non-
    RCRA) wastes shall be deemed Class A special wastes unless a
    contrary determination has been made pursuant to this Part.
    Section 808.110
    Definitions
    “Act” means the Environmental Protection Act (Ill.
    Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001 et seq.).
    “Agency” means the Illinois Environmental Protection
    Agency.
    “Board” means the Illinois Pollution Control Board.
    “Carcinogen” means a chemical,
    or complex mixture of
    closely related chemicals, which has been determined
    in
    accordance with USEPA Guidelines for Carcinogenic Risk
    Assessment,
    incorporated by reference
    at Section
    808.111, to have either sufficient or limited human
    evidence or sufficient animal evidence supporting
    a
    causal association between exposure to the chemical and
    an increase
    in incidence of benign or malignant
    neoplasms or substantial decrease
    in the latency period
    between exposure and onset of neoplasms.
    114—436

    5
    “Declassified waste” means a waste which has been
    determined pursuant to Section 808.245
    to not be a
    special waste.
    “Degree of hazard”
    is determined pursuant to Section
    808.245.
    “Hazardous waste” or “RCRA hazardous waste”
    is as
    defined in 35 Ill.
    Adm.
    Code 721.
    “LC~0” means
    that
    concentration
    of
    a
    substance
    administered to test organisms that
    is lethal to
    50
    percent of a population of exposed organisms in a given
    time period.
    “Inhalation. rat” means that the substance
    is administered by inhalation and the test organisms
    are laboratory rats.
    “Aquatic toxicity” means that the
    substance
    is administered in water to specified free—
    swimming test organisms.
    “LD501’ means that dose of a substance administered to
    test organisms that is lethal to.50 percent of a
    population of exposed organisms
    in a given time period.
    “LD50
    oral
    rat”
    or
    “oral
    rat”
    means
    that
    dose
    of
    ~a
    substance,
    administered orally, that
    is lethal to 50
    percent
    of
    a
    population
    of
    exposed rats
    in
    a
    given
    time
    period.
    “Mutagen”
    means
    a
    chemical,
    or complex mixture of
    closely
    related
    chemicals
    or
    ionizing
    radiation
    which
    has
    been
    determined,
    in
    accordance
    with
    USEPA
    Guidelines
    for
    Mutagenic Risk Assessment,
    incorporated by reference at Section 808.111, to have
    sufficient evidence supporting a causal association
    between exposure to the chemical and point mutations
    (i.e., submicroscopic changes
    in the base sequence of
    DNA)
    or structural or numerical chromosome aberrations.
    Structural aberrations include deficiencies,
    duplications,
    insertions, inversions,
    and
    translocations, whereas numerical aberrations are gains
    or losses of whole chromosomes
    (e.g.
    ,
    trisomny,
    monosomny)
    or sets of chromosomes
    (haploidy,
    polyploidy).
    “Special handling waste”
    is
    a declassified waste which,
    due to its form or mode of containment
    in transport or
    storage, presents a danger to a person handling the
    waste such that the person needs information about
    the
    waste to safely transport or store the waste.
    “Special
    handling waste” includes any such waste which would
    pose
    a
    danger
    if
    handled
    in
    a
    manner similar to
    household waste.
    “Dangers”
    include, but
    are
    not
    1
    14
    ---437

    6
    limited to, the following:
    fire, explosion,
    and
    emission
    of
    toxic
    or
    carcinogenic
    gas
    or
    dust.
    “Special handling waste” also includes any special
    waste
    which,
    because
    of
    appearance
    or
    packaging,
    resembles waste which would be a special handling
    waste.
    Such waste includes,
    but is not limited to, any
    special waste contained in a sealed drum.
    Irrespective
    of its degree of hazard ranking under Section 808.245,
    a special handling waste is a special waste.
    BOARD NOTE:
    Section 808.245(d)
    provides that special
    handling waste which would otherwise be declassified is
    at least
    a Type B special waste.
    “Special
    (non-RCRA)
    waste”
    is any special waste that
    is
    not a hazardous waste,
    as defined
    in this Section.
    “SPECIAL WASTE” MEANS ANY HAZARDOUS WASTE, AND
    ANY
    INDUSTRIAL PROCESS WASTE OR POLLUTION CONTROL WASTE
    WHICH HAS NOT
    BEEN DECLASSIFIED pursuant to Section
    808.245.
    (Section 3.45 of the Act.)
    BOARD NOTE:
    The definition
    of “hazardous waste” at
    Section 3.15 of the Act differs from the definition of
    the same term as used in this Part.
    The Board intends
    that the Section 3.15 definition apply to this Part
    only for the purposes of this definition of special
    waste.
    The Board intends that the definition given in
    this Section apply to all other appearances of the term
    “hazardous waste” throughout this Part.
    means that dose of a substance administered to
    test organisms that produces toxic effects
    in 50
    percent of a population of exposed organisms
    in a given
    time period.
    “TD50
    oral rat” means that the test
    organisms are laboratory rats.
    Section 808.111
    Incorporations by Reference
    a)
    The Board incorporates the following materials by
    reference:
    ANSI.
    Available from the American National
    Standards Institute,
    1430 Broadway, New York,
    New
    York
    10018,
    (212)
    354—3300:
    ANSI/ASQC
    Cl—1985,
    “Specification
    of
    General
    Requirements
    for a Quality Program”,
    approved
    November,
    1985.
    ANSI/ASQC S1—1987, “An Attribute Skip-Lot
    Sampling Program”,
    approved March
    6,
    1987.
    114--/i38

    7
    ANSI/ASQC Q94-l987,
    “Quality Management and
    Quality System Elements
    -—
    Guidelines”,
    Approved June
    15,
    1987.
    ANSI/ASQC Zl.4-l98l,
    “Sampling Procedures and
    Tables
    for
    Inspection
    by
    Attributes”,
    Approved
    1981.
    ANSI/ASQC
    Zl.9—1980,
    “Sampling
    Procedures
    and
    Tables
    for
    Inspection
    by
    Variables
    for
    Percent
    Nonconforming”,
    Approved
    March
    6,
    1980.
    ASTM.
    Available
    from
    American
    Society
    for
    Testing
    and
    Materials,
    1916
    Race
    Street,
    Philadelphia,
    PA
    19103,
    (215)
    299—5400:
    ASTM Standard D 3828-87 “Standard Test
    Methods for Flash Point of Liquids by
    Setaflash Closed Tester”, approved December
    14,
    1987.
    ASTN Standard D—93—79 or D—93-80 “ASTM
    Standard Test Methods for Flash Point Pensky—
    Martens Closed Tester,” approved August
    19,
    1980.
    ASTM Standard E 896-87 “Standard Test Method
    for Conducting Aqueous Direct Photolysis
    Tests”,
    approved September 25,
    1987.
    ASTM Standard E 1147-87 “Standard Test Method
    for Partition Coefficient
    (n-Octanol/Water)
    Estimation by Liquid Chromatography”,
    approved February 27,
    1987.
    ASTM Standard E 1148-87 “Standard Test Method
    for Measurements of Aqueous Solubility”,
    approved April
    3,
    1987.
    NTIS.
    Available from the National Technical
    Information Service,
    5285 Port Royal Road,
    Springfield, VA
    22161,
    (703)
    487—4600:
    “Methods for Chemical Analysis
    of Water and
    Wastes”, Third Edition, March,
    1983.
    (Document number PB 84—128677).
    “Test Methods for Evaluating Solid Waste,
    Physical/Chemical Methods,” EPA Publication
    number SW—846 United States Environmental
    114—43)

    8
    Protection Agency (Third Edition, November,
    1986)
    Federal Register.
    Available from the
    Superintendent
    of Documents, United States
    Printing Office,
    Washington,
    DC
    20402:
    USEPA Guidelines
    for Carcinogenic Risk
    Assessment,
    51
    Fed. Reg.
    33992—34003
    (September 21,
    1986).
    b)
    This Section incorporates no future amendments or
    editions.
    Section 808.121
    Generator Obligations
    a)
    Each person who generates waste shall determine whether
    the waste
    is a special waste.
    BOARD NOTE:
    35 Ill.
    Adma.
    Code 722 requires the person
    to also determine if the waste
    is a hazardous waste.
    b)
    No person shall deliver special waste to a hauler
    unless the waste is accompanied by
    a manifest as
    specified in Section 808.122,
    and the hauler has a
    special waste hauling permit issued pursuant to 35 Ill.
    Adm.
    Code 809.
    The following are exceptions to this
    prohibition:
    1)
    The person
    is subject to the small quantity
    generator
    exemption
    of
    Section
    808.123.
    2)
    The hauler and waste are subject to a hauler
    exemption under 35 Ill.
    Adm.
    Code 809.211.
    3)
    The Agency has determined pursuant to this Part
    that the waste is not a special waste.
    4)
    The waste consists of municipal water or
    wastewater treatment plant sludge regulated under
    a sludge management plan approved by the Agency
    pursuant to
    35
    Ill. Adm.
    Code 309.208.
    c)
    NO PERSON SHALL CAUSE, THREATEN OR ALLOW
    THE TREATMENT,
    STORAGE OR DISPOSAL OF SPECIAL WASTE IN ILLINOIS
    EXCEPT:
    1)
    AT A FACILITY PERMITTED OR OTHERWISE AUTHORIZED TO
    MANAGE THE SPECIAL WASTE PURSUANT TO
    35 ILL.
    ADM.
    CODE 703 OR 807
    (Sections 21(d)
    and
    (e)
    of the
    Act);
    or
    114—4411

    9
    2)
    AT A FACILITY OWNED AND OPERATED BY SUCH PERSON
    AND
    SUBJECT
    TO
    THE
    ON-SITE
    DISPOSAL
    EXEMPTION
    OF
    SECTION 21(d)
    OF THE ACT (Section 21(d)
    of the
    Act).
    d)
    No person shall deliver special waste to a hauler or a
    permitted facility without a supplemental wastestream
    permit.
    e)
    No person shall deliver to a hauler or permitted
    facility waste which has been classified or
    declassified
    by
    the
    Agency
    pursuant
    to
    this
    Part
    unless
    the waste conforms with the description and
    characteristics
    in the wastestream classification
    determination.
    Section 808.122
    Manifests
    Except as otherwise provided by Section 808.121(b),
    the generator
    of any special waste shall prepare a manifest,
    as prescribed by
    35
    Ill. Adm.
    Code 809.501, prior to shipment.
    Section 808.123
    Small Quantity Generators
    Any person who generates a total quantity of special waste of 100
    kilograms
    (220 pounds)
    or less in a calendar month
    is not
    required to initiate a manifest when delivering such special
    waste to a hauler,
    provided that such waste shall not be
    accumulated for more than 180 days prior to shipment.
    In any
    action to enforce the requirements of this Part in which the
    generator asserts the applicability of this Section, the burden
    of proof shall be on the generator to establish compliance with
    the monthly quantity limitation and the time limit on
    accumulation.
    The generator shall record and maintain the
    quantities and dates of waste generatation and accumulatation to
    establish compliance with such quantity and time limitations.
    SUBPART
    B:
    CLASSES OF SPECIAL WASTE
    Section 808.240
    Special Waste Classes
    a)
    This Subpart contains rules for the classification and
    declassifiction of special
    (non—RCRA)
    wastes.
    There
    are two classes
    of such special wastes,
    “Class A” and
    “Class B.”
    Wastes which are declassified pursuant to
    Section 808.245
    of this Part shall no longer be
    considered special wastes.
    b)
    “Class A” special wastes are those special
    (non—RCRA)
    wastes which the Agency has not determined, pursuant to
    this Part,
    to be
    a Class B special waste.
    “Class B”
    ~1
    !~
    —44 1

    10
    special
    wastes
    are
    those
    special
    (non—RCRA)
    wastes
    which the Agency determines, pursuant to Section
    808.245, pose a low or moderate degree of hazard to the
    environment or the public health in the course of their
    transportation,
    storage, treatment or disposal.
    c)
    This
    Subpart
    should
    be
    read
    in
    conjunction
    with
    the
    flowchart
    in
    Appendix
    A.
    The
    flowchart
    is
    employed
    by
    answering
    the
    queries
    in
    order,
    beginning
    from
    the
    top,
    and
    following
    the
    lines corresponding to the
    appropriate
    reponses
    down
    the
    chart
    until
    the
    waste
    is
    classified.
    The
    Sections
    of
    this
    Subpart
    are
    so
    arranged
    on
    that
    flowchart
    that
    the
    first
    Section
    on
    the
    chart
    which
    assigns
    a waste classification to the
    waste
    controls.
    d)
    Subpart
    D
    contains
    procedures by which
    a person may
    request
    that
    the
    Agency
    assign
    a
    special
    wastestream
    to
    a class.
    e)
    Subpart H contains waste classifications based on
    source or characteristics
    to which specific
    wastestreams have been assigned.
    Section 808.241
    Default Classification
    of Special Wastes
    Any special
    (non-RCRA)
    waste
    is a Class A special waste unless
    and until the Agency determines otherwise pursuant to this Part.
    Section 808.242
    Special Handling Waste
    The Agency may determine that
    a waste which is declassifiable
    pursuant to Section 808.245(d)
    is a special handling waste.
    Any
    such waste
    shall be so identified by the Agency, together with
    appropriate conditions on its form and mode of containment in
    transport or storage.
    A declassifiable waste which
    is determined
    to be a special handling waste is
    a Class B special waste.
    BOARD NOTE:
    This rule sets the special handling flag.
    A special
    handling waste will require manifesting,
    regardless of the toxic
    score under Section 808.245,
    to protect the waste hauler, the
    treatment or disposal operator and their employees.
    Section 808.243
    Wastes Categorized by Source
    a)
    Subpart H identifies certain categories of wastes,
    based on the type of source or generator,
    and assigns
    them to classes.
    b)
    A waste which meets the criteria for inclusion within a
    category based on the type of source or generator is
    a
    special waste of the class specified for that category.
    114—-!,42

    11
    Section
    808.244
    Wastes
    Categorized
    by
    Characteristics
    a)
    Subpart
    H
    identifies
    certain
    categories of waste, based
    on
    their
    characteristics,
    and
    assigns
    them
    to
    classes.
    b)
    A
    waste
    which
    meets
    the
    criteria
    f or
    inclusion
    within
    a
    category
    based
    on
    its
    characteristics
    is
    a
    special
    waste
    of
    the
    class
    specified
    for
    that
    category.
    Section
    808.245
    Classification
    of
    Wastes
    Special
    wastes
    which
    are
    subject
    to
    this
    Subpart shall be
    classified
    or
    declassified
    based
    on
    toxic
    score
    as
    follows:
    a)
    Compute
    the
    toxic
    score
    for
    the
    wastestream
    pursuant
    to
    Appendix
    B
    or,
    where
    applicable,
    pursuant
    to
    Section
    808.431, utilizing a data base which meets the
    standards
    of Section 808.302.
    However,
    if
    use
    of
    Appendix
    B
    or
    Section
    808.431
    is demonstrated to the
    Agency
    to
    be
    inapplicable
    or
    unavailable
    for
    the
    wastestream, the generator may employ a bioassay
    procedure approved by the Agency pursuant to Section
    808.302, solely for the purpose of determining if the
    waste
    in its undiluted form results in no behavioral
    response from the exposed test organisms and,
    thus,
    warrants a toxic score of
    0
    (zero)
    .
    Where applicable,
    the toxic score shall include the maximum volume of
    waste to which such score applies.
    b)
    Except as authorized under subsection
    (e),
    a
    wastestream receiving
    a toxic score of
    3 shall be
    deemed a Class A special waste.
    c)
    Except as authorized under subsection
    (e),
    a
    wastestream receiving a toxic score of
    1 or
    2 shall be
    deemed a Class B special waste; however,
    such waste
    shall be deemed a Class A special waste
    if the Agency
    determines that it exhibits one or more of the
    following characteristics:
    1)
    The physical form of the waste renders
    it
    difficult to manage in transport,
    storage or
    handling prior to final disposition,
    or in
    a
    landfill
    (Examples of wastes possessing such form
    are wastes containing free liquids,
    and wastes
    in
    finely divided form which are susceptible to
    airborne dispersal.);
    2)
    The chemical properties of the waste,
    if exposed
    to
    the
    atmosphere
    or
    to
    an
    aqueous
    environment,
    render
    it
    difficult
    to
    manage
    in
    the
    event
    of
    a
    1
    4-4

    12
    leak,
    spill
    or
    other
    loss
    of
    containment
    during
    transport,
    storage or handling prior to final
    disposition,
    or
    in a landfill
    (Examples of wastes
    possessing such properties are wastes which
    produce noxious or toxic fumes or gases
    in
    sufficient concentration and quantity to pose a
    threat to the public health or the environment,
    wastes
    which
    are
    ignitable
    or
    flammable,
    wastes
    which
    are
    readily
    soluble
    in
    water,
    and
    wastes
    which are highly mobile
    in an aqueous environment,
    including
    in groundwater.);
    or
    3)
    The unstable nature of the waste renders it
    difficult to contain during transport,
    storage or
    handling prior to final disposition,
    or in a
    landfill
    (Examples of wastes possessing such an
    unstable nature are wastes which are corrosive or
    reactive, and any other wastes which, under
    foreseeable conditions, may cause the premature
    failure of waste containment devices and
    structures.).
    d)
    A wastestream receiving
    a toxic score of
    0 shall be
    declassified, except that such a waste that
    is
    determined by the Agency to be a special handling waste
    shall be deemed a Class B special waste.
    e)
    Notwithstanding
    a wastestream’s toxic score, the Agency
    may
    condition
    a
    lowered
    classification
    or
    a
    declassification
    of
    a
    special waste under this Section.
    Such
    conditions
    imposed
    by
    the
    Agency
    shall be limited
    to
    measures
    by
    which
    the
    generator shall, by particular
    modes
    or
    forms
    of
    containment
    or
    treatment,
    assure
    that
    the dangerous characteristics
    of the wastes are avoided
    or reduced.
    (Examples of such measures are
    neutralization
    of acidic wastes prior to shipment,
    containment or encapsulation of finely divided wastes,
    and treatment of ignitable wastes so as to preclude
    ignition.)
    However, under no circumstances shall
    a
    wastestream with a toxic score of
    3 be declassified
    based solely upon its mode of containment.
    f)
    All conditions or limitations imposed by the Agency
    that relate to the toxic score (including, where
    applicable, maximum wastestream volume)
    and
    classification or declassification of
    a wastestream
    shall be specified
    in the Agency’s determination.
    1 14--444

    13
    SUBPART
    C:
    CRITERIA AND DATA REQUIREMENTS
    Section 808.300
    Introduction
    This Subpart governs criteria and data requirements which shall
    be used to predict the degree of hazard pursuant to Section
    808.245.
    Section 808.301
    Degree of Hazard Determination by Computer
    a)
    The Agency may employ electronic data processing
    equipment and programs to accomplish the purposes of
    this Subpart.
    Any such program must assign a degree of
    hazard according to the method specified
    in Section
    808. 245.
    b)
    The
    output
    generated
    by
    use
    of
    such
    equipment
    or
    such
    a
    program must display all data used
    in each degree of
    hazard prediction,
    together with the source of the
    data.
    Section 808.302
    Data Base and Bioassay Procedures
    a)
    This Section governs the data base and bioassay
    procedures which may be employed to assess the
    physical,
    chemical and toxicological properties
    of
    waste constituents.
    b)
    The
    data
    base,
    and
    any
    bioassay
    procedure
    utilized
    pursuant to Section 808.245(a),
    shall consist of and
    use data and procedures which the Agency determines are
    a reliable basis for decision.
    Reliability of a source
    of
    data
    and
    procedures
    shall
    be
    assessed
    by
    reference
    to
    such
    factors
    as,
    but
    not
    limited
    to,
    scientific
    validity; consistency with directly observable data,
    including
    monitoring
    data;
    and
    the
    consistency
    of
    results of repeated applications of the data,
    procedures and formulae.
    Sources of data may include,
    but are not limited to, the following:
    1)
    Standard
    reference
    sources;
    2)
    Material published or incorporated
    by
    reference by
    a
    federal
    regulation
    or
    by
    a
    regulation
    adopted
    by
    an agency of the State of Illinois;
    3)
    The
    application
    under
    consideration
    and
    written
    communications
    between
    the applicant
    and the
    Agency or their representatives
    with
    respect to
    the
    application;
    4)
    Data
    and
    procedures
    previously
    used
    by
    the Agency
    1 14--445

    14
    in
    other
    wastestream
    categorization
    determinations;
    or
    5)
    Agency inspection, permitting and enforcement
    files relating to the generator or the
    wastestream, excluding complaint forms (except
    where the complainant will be available
    voluntarily
    for deposition and examination under
    oath at any hearing on appeal pursuant to Subpart
    G).
    c)
    The Agency shall make available for inspection and
    copying by the public a list of the sources of data and
    bioassay procedures which it has previously utilized
    for purposes of this Section, excluding any data
    described
    in subsection
    (b) (3)
    of this Section that is
    protected from public disclosure pursuant to Sections
    7
    or 7.1 of the Act or pursuant to 35 Ill.
    Adm.
    Code 101
    or
    120.
    SUBPART D:
    REQUEST FOR WASTE CLASSIFICATION
    Section 808.400
    Introduction
    a)
    This Subpart specifies the procedures which shall be
    used to obtain a waste classification from the Agency.
    b)
    A waste classification may be requested by generators
    of special waste, as specified in Subpart
    A.
    Section 808.401
    Application Forms
    Persons applying for a waste classification shall use application
    forms provided or approved by the Agency.
    Section 808.402
    Application for Waste Classification
    An application for waste classification shall,
    at
    a minimum,
    include the following information:
    a)
    Basic information:
    1)
    The name,
    address and phone number of the original
    generator;
    2)
    The original generator’s United States
    Environmental Protection Agency
    (USEPA)
    identification number
    (35 Ill. Adm.
    Code 722.122)
    and the Agency identification number,
    if the
    original generator has obtained either;
    3)
    The name and address
    of any treater of the waste;
    114—446

    15
    4)
    Any treater’s USEPA identification number and
    Agency site number,
    if the treater has obtained
    either;
    5)
    Whether
    any
    treater
    has
    a
    RCRA
    permit
    or
    interim
    status;
    6)
    A
    chemical
    and
    physical
    analysis
    of
    the
    waste,
    as
    specified
    in
    Section
    808.410;
    7)
    A wastestream description,
    as specified in Section
    808.413;
    8)
    A
    quality
    assurance
    plan,
    as
    specified
    in
    Section
    808.420;
    9)
    A
    description
    of
    any
    current
    waste
    storage,
    treatment and disposal processes applicable to the
    wastestream;.
    10)
    Identification of the disposal site or sites
    to
    which
    the
    applicant
    proposes
    to
    send
    the
    waste,
    and
    the
    proposed
    modes
    of
    transportation;
    BOARD NOTE:
    This information
    is requested to
    assist
    the
    Agency
    in
    reviewing
    the
    application.
    These
    rules
    do
    not
    preclude
    use
    of
    a
    disposal
    site
    which is not identified in the application for
    classification; and
    11)
    Wastestream
    number
    of
    any
    supplemental
    wastestream
    permit
    issued
    for
    the
    waste
    pursuant
    to
    35
    Ill.
    Adm.
    Code
    807.210,
    and
    the
    expiration
    date
    of
    any
    such
    permit.
    b)
    The
    rationale
    for
    requesting
    classification,
    including
    all
    relevant
    calculations
    and
    other
    bases
    for
    conclusions;
    (If
    Appendix
    B
    of
    this
    Part
    has
    not
    been
    utilized
    for
    purposes
    of
    calculating
    the
    toxic
    score,
    such
    rationale
    shall
    indicate
    the
    reasons
    for
    using
    an
    alternative
    means
    of
    determining
    the
    toxic
    score,
    including
    an
    explanation
    of
    whether
    the
    alternative
    means
    chosen
    is
    equivalent
    to
    Appendix B.)
    c)
    Data
    establishing
    that
    the
    waste
    is
    not
    a
    hazardous
    waste
    pursuant
    to
    35
    Ill.
    Acim.
    Code
    721;
    BOARD
    NOTE:
    Wastestream categorization
    is not
    applicable
    to
    RCRA
    hazardous
    wastes.
    If the generator
    anticipates that this will be an issue,
    the generator
    should
    include
    documentation
    supporting
    the
    claim
    that
    I 14-447

    16
    the waste is not a hazardous waste pursuant to 35
    Ill.
    Adm. Code 721.
    d)
    Data bearing on whether the waste is a special handling
    waste, including the physical form of the waste and the
    mode
    of
    containment,
    if
    any,
    during
    transport;
    e)
    Whether
    the
    waste
    can
    be
    categorized
    by
    source,
    pursuant
    to
    Section
    808.243,
    or
    by
    characteristic,
    pursuant
    to
    Section
    808.244;
    f)
    Sufficient physical, chemical and toxicological data to
    assign a degree of hazard pursuant to Section 808.430;
    g)
    If necessary, results of toxicological testing,
    as
    specified in Section 808.431;
    h)
    Such
    additional
    information
    as
    the
    generator
    believes
    is
    appropriate
    to
    show
    that
    the
    waste
    should
    be
    classified
    as
    the
    generator
    requests;
    and
    i)
    Such
    additional
    information
    as
    the
    Agency
    determines
    is
    necessary to assign the waste to a class.
    The Agency
    may specify additional information by a request
    directed to the individual applicant.
    Section 808.410
    Physical and Chemical Analyses
    Physical and chemical analyses of wastes for purposes of this
    Subpart shall be conducted as follows:
    a)
    Samples
    shall
    be representative of the wastestream and
    shall:
    1)
    Include
    all
    waste
    phases;
    2)
    Be taken from areas distributed spatially within
    the waste bulk; and
    3)
    Be
    taken
    at suitable time intervals and over a
    sufficient period of time to account for variation
    in the wastestream through work shifts,
    seasons,
    etc.
    b)
    The following properties shall be determined and
    reported:
    1)
    The physical description of the wastestream,
    including,
    but not linited to,
    its temperature,
    color, phase and flow rate;
    2)
    The pH of aqueous phases of the waste,
    or the pH
    I 14--’;48

    17
    of a 1:1 volume dilution of solid phases of the
    waste with distilled and buffered water;
    3)
    The flashpoint of
    liquid phases by the Pennsky-
    Martens Closed Cup test method,
    specified in ASTM
    Standard
    D-93-79
    or
    D—93—80,
    incorporated
    by
    reference
    at
    Section
    808.111,
    or
    by
    a
    Setaf
    lash
    Closed Cup tester, using the test method specified
    in
    ASTM
    standard
    D-3828-78,
    incorporated
    by
    reference at Section 808.111;
    4)
    Results
    of
    an
    EP
    toxicity
    test,
    as
    specified
    in
    35
    Ill.
    Adm. Code 721.124; and
    5)
    Density.
    c)
    The
    waste
    shall
    be
    analyzed
    for
    its
    constituents
    as
    follows;
    1)
    The analysis must include all materials introduced
    into each process generating the wastestream,
    and
    all
    materials
    which
    come
    into
    contact
    with
    products and materials produced by the process or
    in storage,
    including end products and impurities;
    2)
    The
    analysis
    must
    include
    all
    constituents
    which
    will react with each other under the process
    conditions;
    3)
    If available,
    the analysis must use the Chemical
    Abstracts Service
    (CAS)
    name and number for each
    constituent,
    or a name from the list of common
    names pursuant to Section 808.412.
    Otherwise,
    if
    the CAS name and number and such a common name
    is
    not available for the constituent,
    the person
    requesting
    classification
    shall
    provide
    a
    name
    and
    complete description of the constituent;
    4)
    The
    analysis
    shall
    include
    a
    list
    of
    major
    constituents and concentrations which accounts
    for
    at least 99 percent of the mass of the waste.
    The
    list may include an entry for “other”
    or “unknown”
    if the significant trace constituents have been
    identified as provided
    in subsection
    (c) (5).
    The
    analysis shall list major constituents of the
    waste rounded to the nearest tenth of a percent,
    and shall be supported by
    a mass balance;
    5)
    Significant trace constituents.
    The generator
    shall include
    a list and the concentration of all
    significant trace constituents,
    as defined in
    Section
    808.411;
    and
    11 !4——44q

    18
    6)
    The
    analysis
    shall
    identify
    all
    major
    constituents
    and significant trace constituents
    listed in 35
    Ill. Adm.
    Code 721.Appendix
    H.
    d)
    The analysis must report the average concentration or
    mass
    percentage
    and
    the
    expected
    range
    of
    each
    major
    constituent
    and
    significant
    trace
    constituent.
    The
    expected
    range
    is
    the
    95
    percent
    confidence
    intervals
    for
    each
    set
    of
    analyses
    for
    the
    constituent.
    The
    error
    analysis
    must take into account the following:
    1)
    Temporal
    variation
    in
    the
    wastestream properties;
    2)
    Uncertainties arising from sampling the waste; and
    3)
    Uncertainties arising from the method of analysis.
    Section
    808.411
    Significant
    Trace
    Constituents
    A
    significant
    trace
    constituent
    is
    a
    constituent
    revealed
    by
    analysis:
    a)
    Which
    is
    present at
    a mass concentration of less than
    1
    percent;
    and
    b)
    Which
    has
    a
    toxicity,
    BiTi,
    as
    determined
    in
    Appendix
    B,
    of
    less
    than
    500
    mg/l.
    Section
    808.412
    Common
    Names
    The Agency shall utilize common names, together with a
    description
    of
    each,
    for
    constituents
    not
    amenable
    to
    chemical
    nomenclature.
    BOARD NOTE:
    The purpose of this provision
    is to promote greater
    consistency in the naming of constituents.
    The Agency may use
    this mechanism to assign common names to constituents.
    Such
    names
    might
    include:
    Sand,
    water,
    wood,
    foodstuff,
    etc.
    In
    addition,
    this mechanism can be used to assign a name and
    toxicological
    properties
    to
    complex
    mixtures
    after
    these
    have
    been
    determined
    for
    a
    wastestream
    or
    a
    type
    of
    waste—generating
    process.
    Section
    808.413
    Wastestream
    Description
    a)
    The wastestream description must include the following:
    1)
    The
    name
    of
    the
    generator,
    if
    other
    than
    the
    original generator identified
    in the application
    for waste classification pursuant to Section
    808.402 (a) (1);
    Ii
    !~—‘~
    5fl

    19
    2)
    The
    name
    of
    the
    wastestream,
    as
    assigned
    by
    the
    Agency
    pursuant
    to
    Section
    808.412,
    or
    as
    assigned
    by
    the
    generator,
    if
    no
    name
    has
    been
    assigned
    by
    the Agency;
    3)
    A
    general
    description
    of
    the
    activity,
    production
    process
    or
    treatment
    process
    which
    gives
    rise
    to
    the
    waste;
    4)
    A
    general
    description
    of
    the
    physical
    and
    chemical
    properties
    of
    the
    wastestream,
    including
    its
    anticipated
    annual
    volume.
    BOARD
    NOTE:
    This
    description may be summary and
    narrative;
    detailed
    description
    of
    physical
    and
    chemical
    properties
    of
    the
    wastestream
    is
    governed
    by
    Section
    808.410.
    b)
    The
    wastestreamn
    description may include a description
    of
    a
    range
    of
    physical
    and
    chemical
    properties
    of
    the
    wastestream,
    based
    on
    physical
    and
    chemical
    analysis
    pursuant
    to
    Section
    808.410,
    that
    are
    associated
    with
    periodic,
    occasional or anticipated changes
    in the
    process which produces the waste
    (e.g.,
    changes in
    materials used as coatings, bonding agents or
    solvents).
    BOARD NOTE:
    The wastestream description differs from
    the waste analysis required pursuant to Section
    808.410.
    The
    wastestream
    description
    should
    describe
    the
    waste
    which
    the
    applicant
    wishes
    to
    have
    classified,
    which
    may
    not
    be
    exactly
    what
    the
    applicant
    presently produces.
    The waste which
    is subjected to
    analysis
    must
    fit
    within
    the
    wastestream
    description,
    but need not be identical to all variations of it.
    To
    avoid having to necessarily repeat the waste
    classification
    process,
    the
    applicant
    should
    request
    classification
    of
    a
    broadly-defined
    and
    characterized
    wastestream,
    so
    as to cover any periodic,
    occasional
    or
    anticipated modification to the waste properties.
    However, this will tend to increase the degree of
    hazard ranking of the wastestream.
    Section
    808.420
    Quality
    Assurance
    Plan
    A quality assurance plan shall detail steps which the generator
    will take to ensure that
    the
    waste conforms with the wastestream
    description.
    a)
    The plan must include employee orientation measures,
    such as the following:
    ii
    4---’~51

    20
    1)
    Assignment of responsibility for assuring
    compliance;
    2)
    Employee training;
    3)
    Work
    rules;
    4)
    Posting
    of
    signs;
    and
    5)
    Positioning of waste receptacles.
    b)
    The plan must include periodic and random inspection,
    sampling and analysis of the wastestreamn to ensure that
    it
    conforms
    with
    the
    wastestream
    description.
    The
    plan
    must
    be
    designed
    so
    that
    there
    is
    at
    least
    a
    95 percent
    probability that loads meet the wastestream
    description.
    The
    plan
    may
    specify
    measures
    to
    be
    taken
    to account
    for variables
    in the properties by the
    wastestream,
    so
    as
    to
    prevent
    false
    negatives.
    BOARD NOTE:
    The applicant should use statistical
    quality
    control
    to
    devise
    a
    plan
    with
    an
    inspection
    schedule which meets the above standard based on the
    properties and variability of the wastestream.
    c)
    The
    plan
    may
    provide
    for
    inspection,
    sampling
    and
    analysis
    by
    the
    permitted
    facility
    which
    receives
    the
    waste.
    If
    so,
    the
    plan
    must
    include
    a
    written
    agreement by the receiving facility that explicitly
    details
    what
    actions
    the
    receiving
    factility
    will
    undertake to fulfill the requirements of this Section.
    BOARD NOTE:
    The permitted facility
    is required by
    permit and 35
    Ill. Adm.
    Code 811 to inspect, sample and
    analyze
    the
    wastes
    it
    receives.
    This
    is
    distinct
    from
    similar activities undertaken by contract on behalf of
    the
    generator
    pursuant
    to
    this
    Section.
    Section
    808.430
    Degree
    of
    Hazard
    Data
    a)
    The
    applicant
    shall
    submit
    its
    degree
    of
    hazard
    prediction,
    including the estimated toxic scoreand the
    information or data used to calculate the prediction,
    with the application.
    BOARD NOTE:
    The applicant may include the results of
    a
    degree of hazard prediction performed by
    a computer
    program.
    b)
    The Agency may request additional data,
    if necessary to
    assign the waste to
    a class and the application
    II !,—45~)

    21
    contains inadequate information to determine the degree
    of
    hazard
    of
    the
    waste.
    BOARD NOTE:
    If the Agency requests data, the request
    may include a computer—generated result of an attempt
    to perform the degree of hazard prediction, together
    with a specific request
    for needed data.
    C)
    Degree of hazard data shall include sufficient
    information to classify the waste pursuant to Section
    808.245.
    In addition to the information normally
    obtained by the physical and chemical analysis required
    by
    Section
    808.410,
    the
    degree
    of
    hazard
    data
    shall
    include,
    but
    shall
    not
    be
    limited
    to,
    the
    following
    with respect to each constituent:
    1)
    Toxicity;
    2)
    n-Octanol/water partition coefficient;
    3)
    Persistence,
    measured
    as
    the
    half—life
    in
    days;
    and
    4)
    Solubility in water,
    in parts per million on a
    weight basis.
    Section 808.431
    Toxicological Testing
    a)
    Except as otherwise authorized by Section 808.245(a),
    the Agency shall request that the applicant perform
    toxicological testing of components
    or of the waste
    pursuant to Appendix B of this Part,
    if a toxic score
    determination is necessary to assign the waste to a
    class and there is inadequate information
    in the
    Agency’s data base to determine the toxic score.
    b)
    The applicant shall elect to include the results
    of
    toxicological testing of either the components of the
    waste or the waste
    itself.
    c)
    Testing required under subsection
    (a) shall be to
    determine an LD~0
    oral rat.
    The Agency shall approve
    alternative toxicological testing if the applicant
    demonstrates that an LD50
    oral rat cannot be measured
    or is otherwise inappropriate.
    The applicant shall
    document the relation of the alternative test to an
    LD50
    -
    oral
    rat.
    I 14—453

    22
    SUBPART
    E:
    REVIEW
    OF
    CLASSIFICATION
    REQUESTS
    Section 808.501
    Order
    of Requesting Information
    a)
    If possible,
    the Agency shall categorize the
    wastestream without requesting or using degree of
    hazard data pursuant to Section 808.430.
    However,
    nothing herein shall preclude the Agency from
    requesting or using degree of hazard data to confirm
    the characteristics
    of the waste.
    BOARD NOTE:
    For example,
    if the waste is a categorical
    waste,
    it should be assigned to the type for that
    category without resort to degree of hazard data.
    b)
    If, after requesting and receiving degree of hazard
    data pursuant to Section 808.430, the Agency still
    cannot determine the degree of hazard, the Agency shall
    request toxicological testing pursuant to Section
    808.431.
    Section 808.502
    Completeness
    a)
    An incomplete application is one which, together with
    the Agency’s database, has insufficient information to
    classify the waste.
    b)
    If the Agency determines that an application
    is
    incomplete,
    it shall classify the waste as
    a Class A
    special
    waste,
    unless
    the
    Agency
    determines,
    based
    on
    such information as is available,
    that the waste is a
    RCRA
    hazardous
    waste
    pursuant
    to
    35
    Ill.
    Adm.
    Code
    721.
    SUBPART
    F:
    WASTESTREAM
    CLASSIFICATION
    DETERMINATIONS
    Section 808.520
    Time for Agency Action
    a)
    The Agency shall issue a wastestream classification
    determination within 60 days after the date of receipt
    of
    a complete application.
    b)
    The applicant may waive the time for Agency action.
    c)
    As
    provided
    in
    Section
    22.9(e)
    of
    the
    Act,
    IF
    THE
    AGENCY DENIES A REQUEST OR FAILS TO ACT WITHIN 60 DAYS
    AFTER RECEIPT OF
    THE
    REQUEST, THE APPLICANT MAY
    SEEK
    REVIEW BEFORE THE BOARD PURSUANT TO SECTION
    40 OF THE
    ACT AS IF THE AGENCY
    HAD DENIED
    AN APPLICATION
    FOR A
    PERMIT.
    114--454

    23
    Section 808.521
    Conditions of Wastestream Classification
    The Agency shall include the following conditions
    in each
    wastestream classification determination:
    a)
    Wastestream description.;
    b)
    Wastestream
    identification
    number
    assigned
    to
    the
    specific
    determination;
    c)
    Classification
    of
    the
    special
    waste;
    d)
    Limitations
    on
    the
    management
    of the waste, consistent
    with this Part,
    and
    35
    Ill.
    Adm.
    Code
    809;
    e)
    A
    quality
    assurance
    plan;
    f)
    The
    expiration
    date,
    if
    any;
    and
    g)
    Such additional conditions
    as the Agency determines are
    necessary to assure that waste managed pursuant to the
    classification determination
    is of the class specified.
    Section 808.522
    Final Agency Action
    Final Agency action shall consist of a final determination of a
    wastestream classification request.
    The Agency takes final
    action on the date the wastestream classification determination
    is mailed to the applicant.
    SUBPART
    G:
    MODIFICATION, APPEAL
    AND ENFORCEMENT
    Section 808.541
    Request for Modification
    If the application is a request for modification of a previous
    final wastestream determination,
    the applicant shall continue to
    manage waste pursuant to the old determination until
    it receives
    a final disposition of its request for a new determination.
    Section 808.542
    Appeal
    a)
    Within 35 days after the Agency’s final action,
    the
    applicant may appeal
    a wastestream classification
    determination to the Board.
    Appeals under this Section
    shall be subject to the requirements of
    35
    Ill.
    Adm.
    Code
    105.
    b)
    The record before the Board consists of the data base
    which was considered by the Agency at
    the time the
    Agency took final action.
    The applicant may
    supplement
    the
    record
    before
    the
    Board
    only
    under
    one
    or
    more
    of
    the
    following
    conditions:
    114-4~5

    24
    1)
    If
    the
    applicant
    attempted
    to
    submit
    the
    information
    into the data base before the Agency
    prior to filing its appeal to the Board;
    or
    BOARD NOTE:
    This provision is intended to prevent
    the use of appeals to challenge the validity of
    degree of hazard data through the introduction of
    new information without the Agency having the
    opportunity to reconsider its determination based
    on
    that
    new
    information.
    2)
    If
    the
    data
    base
    filed
    by
    the
    Agency
    is
    not
    complete with respect to materials identified
    in
    Section 808.302(b) (3).
    Section 808.543
    Effect of Classification
    A wastestream classification provides the generator with
    a
    determination necessary to obtain a wastestream identification
    number or to modify a supplemental wastestream permit.
    A
    wastestream identification number and a supplemental wastestream
    permit are necessary for completion of manifests and reports
    required by this Part and 35
    Ill.
    Adin.
    Code 809 and 807.
    The
    wastestream classification authorizes the generator,
    hauler and
    permitted facility to transport and manage waste meeting the
    wastestream description
    in
    accordance with regulations governing
    the transportation and management of special waste of the class
    provided in the classification determination.
    Section 808.544
    Enforcement
    Any person may bring an action pursuant to Title VIII
    of the Act
    and
    35
    Ill.
    Adma.
    Code
    103
    to
    seek
    enforcement
    of
    the
    provisions
    of this Part.
    Penalties may be assessed upon a finding of
    violation,
    as provided
    in Title XII of the Act.
    Sanctions may
    include
    revocation
    of
    a
    wastestream
    classification
    determination.
    Section 808.545
    Modification
    a)
    A
    generator
    who
    has
    received
    a
    wastestream
    classification may request modification at any time by
    filing a new application.
    The generator shall file a
    new application whenever the waste
    it produces no
    longer meets the wastestream description.
    b)
    The Agency shall modify a wastestream classification
    whenever necessary to reflect amendments,
    repeals,
    or
    additions to the Act or
    35 Ill.
    Adm.
    Code:
    Chapter
    I.
    The Agency shall give the generator at least 30 days
    prior written notice before it modifies a wastestream
    classification.
    11 4--456

    25
    SUBPART H:
    CATEGORICAL
    AND
    CHARACTERISTIC WASTES
    Section
    808.600
    Introduction
    a)
    This
    Subpart
    defines
    “categories
    of
    wastes”
    by
    the
    type
    of
    source
    or
    generator
    producing
    the
    waste,
    by
    the
    process
    from
    which
    the
    waste
    arises,
    or
    by
    name.
    This
    Subpart
    also
    defines
    categories
    of
    wastes
    as
    “characteristics
    wastes,”
    based
    on
    physical
    or
    chemical
    properties.
    b)
    Categorical
    and
    characteristic
    special
    (non-RCRA)
    wastes
    are
    assigned
    to
    a
    category
    defined
    under
    this
    Subpart
    based
    on
    the
    similarity
    of
    the
    physical,
    chemical or biological properties of the wastes to
    those properties designated as representative of that
    category,
    regardless of the degree of hazard of the
    individual wastes or wastestreams.
    1
    14-157

    26
    Section
    808.Appendix
    A
    Assignment
    of
    Special
    Waste
    to
    Classes
    Request to Classify Waste
    (Section 808.402)
    I
    Application Incomplete?
    (Section 808.502)
    INh
    _
    II
    Waste Categorized by Source?
    (Section 808.243)
    Yes
    Assign
    to
    Class
    Based
    on
    -‘
    Source
    (Subpart
    H)
    Waste
    Categorized
    by
    Characteristics?
    (Section
    808.244)
    II
    II
    _______________________________________________________
    ~No
    Yes
    Assign
    to
    Class
    Based
    on
    Characteristic
    (Subpart
    H)
    Classify Waste According to Degree of Hazard
    (by Toxic Score)
    (Section 808.245)
    I
    Declassifiable
    I
    Special Handling Waste?
    (Section 808.242)
    L
    ~
    II
    lor2
    L~J
    L~oI
    I
    Declassified
    j
    Class B
    I
    I
    Class
    A
    1l4—45~

    27
    Section 808.Appendix B
    Toxicity Hazard
    This Appendix describes the method by which a generator of
    special
    waste
    or
    the
    waste
    source
    shall
    determine
    the
    toxic
    score
    for
    a
    waste.
    a)
    The
    wastestream
    equivalent
    toxic
    concentration
    (Ceq)
    is
    calculated as follows:
    Ceq
    =
    A
    *
    StJM(Ci
    /
    Bi
    *
    Ti)
    where:
    1)
    SUN
    means the sum of the results of the
    calculation in parentheses
    for each component of
    the wastestream;
    2)
    Ci
    is
    the
    concentration of component
    i as a
    percent of the waste by weight;
    3)
    Ti
    is
    a
    measure
    of
    the
    toxicity
    of
    component
    i,
    as
    provided
    in
    subsection
    (h);
    4)
    A
    is
    a
    constant
    equal
    to
    300;
    and
    BOARD NOTE:
    A is
    a constant used to allow the
    entry of percent values for Ci, and to adjust the
    results so that a reference material,
    100 percent
    copper sulfate, with an oral toxicity of 300
    mg/kg, achieves an equivalent toxic concentration
    of
    100.
    5)
    Bi
    is
    a
    conversion
    factor
    used
    to
    convert
    the
    toxicity of component
    i
    (Ti)
    to an equivalent oral
    toxicity.
    Bi
    is determined from subsection
    (i).
    b)
    The toxic amount
    (M)
    is calculated as follows:
    M
    =
    5
    *
    Ceg
    where:
    1)
    S is the maximum size of a wastestream shipment in
    kg/month
    (Such maximum size shall be specified as
    a condition of the wastestream classification.);
    and
    2)
    Ceq
    is
    the
    equivalent
    concentration
    from
    subsection
    (a).
    c)
    The toxic score is calculated as follows:
    ill 45(~

    28
    1)
    If
    the
    toxic
    amount
    (N)
    is
    less
    than
    100,
    the
    toxic
    score
    is
    0.
    2)
    If
    the
    toxic
    amount is greater than or equal to
    100
    and
    less
    than
    1000,
    the
    toxic
    score
    is
    1.
    3)
    If the toxic amount is greater than or equal to
    1000
    and
    less
    than
    10,000,
    the
    toxic
    score
    is
    2.
    4)
    If
    the
    toxic
    amount
    is
    greater
    than
    or
    equal
    to
    10,000,
    the
    toxic
    score
    is
    3.
    BOARD
    NOTE:
    100 kg/month of the reference
    material,
    100 percent copper sulfate, has a “toxic
    amount” of
    10,000, defining the borderline between
    a “toxic score”
    of
    2 or
    3 for a small quantity
    generator.
    d)
    The
    toxic
    score
    shall
    be
    used
    as
    follows:
    1)
    If
    the
    toxic
    score
    is
    0
    or
    3,
    the
    toxic
    score
    shall be used for the purposes of Section 808.245
    without adjustment.
    2)
    If
    the
    toxic
    score
    is
    1
    or
    2,
    the
    toxic
    score
    shall be adjusted based on environmental fate,
    pursuant
    to
    subsections
    (e),
    (f)
    and
    (g).
    e)
    The environmental fate score
    (F)
    is calculated as
    follows:
    F
    =
    SUN(Ci
    *
    Li)
    where:
    1)
    SUN
    means the sum of the results of the
    calculation
    in parentheses for each component of
    the wastestream;
    2)
    Ci is the concentration of component
    i
    as a
    percent of the waste by weight;
    and
    3)
    Li
    is the environmental level
    of component
    i,
    as
    determined by subsection
    (j).
    f)
    The
    toxic
    score
    is
    adjusted
    as
    follows:
    1)
    If the environmental fate score
    (F)
    is less than
    100, subtract
    1 from the toxic score;
    2)
    If the environmental fate score
    is greater than or
    equal to 100 and less than 200,
    the toxic score
    is
    11
    4—46~

    29
    not
    modified;
    3)
    If the environmental fate score is greater than or
    equal
    to
    200,
    add
    1
    to
    the
    toxic
    score.
    g)
    Use
    the
    toxic
    score or adjusted toxic score calculated
    pursuant to subsections
    (b) through
    (f)
    for the
    purposes
    of
    Section
    808.245.
    h)
    Sources of toxicity data.
    1)
    The generator
    is required to provide information
    to substantiate that any waste is other than a
    type A waste.
    2)
    Carcinogens and i-nutagens.
    If available, use a
    TD50 oral rat to represent toxicity based on
    carcinogenicity and mutagenicity.
    Otherwise:
    A)
    Carcinogens are assigned a Ti of 0.1 mg/kg;
    and
    C)
    Mutagens
    are
    assigned
    a
    Ti
    of 0.6 mg/kg.
    3)
    Toxicity values shall be selected according to the
    following criteria:
    A)
    Toxicities are converted to equivalent oral
    toxicities as specified in subsection
    (i);
    B)
    Toxicity values are ranked by source
    according to the following priorities, with
    the sources listed
    in descending order of
    priority:
    i)
    First oral rat,
    then inhalation rat,
    then dermal rabbit,
    then aquatic
    toxicity;
    or
    ii)
    If data from these bases is unavailable,
    then other mammalian toxicity values;
    C)
    If there is more than one toxicity value for
    the toxicity from the highest priority
    available source,
    the lowest (most toxic)
    equivalent oral toxicity value is
    used.
    i)
    Conversion factors for equivalent oral toxicities.
    The
    following conversion factors must be used to convert
    toxicity values to equivalent oral toxicities
    (Bi)
    (If
    a
    carcinogen
    or
    mutagen
    is
    assigned
    a
    value
    for Ti
    in
    Ii 4—-4(~

    30
    the
    absence
    of
    a
    TD50,
    Bi
    is
    assigned
    a
    value
    of
    1.):
    Toxicity measure
    Units
    Bi
    Oral
    LD50
    mg/kg
    1.
    Carcinogen/mutagen
    --
    TD50
    mg/kg
    1.
    Aquatic
    -
    48
    or 96 hour LC50
    ppm
    5.
    Inhalation
    LC50
    mg/l
    25.
    Dermal
    -
    LD50
    mg/kg
    0.25
    j)
    Environmental levels.
    If the waste constituent is
    innocuous,
    the environmental level
    (Li)
    is equal to
    0.
    Otherwise,
    Li for a component
    is the highest
    level for
    that constituent
    in the following table,
    based on
    bioaccumulation,
    persistence and solubility
    (If a value
    is on the boundary between ranges, the higher value of
    Li
    is used.):
    Bioaccumulation
    Persistence
    Solubility
    Li
    Nm.
    Max.
    Mm.
    Max.
    Mm.
    Max.
    5
    ———
    365
    ———
    10,000
    3
    4
    5
    30
    365
    1000
    10,000
    2
    0
    4
    0
    30
    0
    1000
    1
    1)
    “Innocuous”
    waste
    constituents
    are
    those
    for
    which
    BiTi,
    as determined pursuant to subsection
    (a),
    is
    greater than 5000 mg/kg.
    2)
    Bioaccumulation
    is
    measured
    as
    the
    logarithm
    to
    the base
    10 of the n-octanol/water partition
    coefficient for the waste constituent,
    as measured
    pursuant
    to
    ASTM
    E
    1147,
    incorporated
    by
    reference
    in Section 808.111.
    3)
    Persistence
    is determined pursuant to subsection
    (k).
    4)
    Solubility
    is measured as parts per million on a
    weight basis.
    Solubility may be measured pursuant
    to ASTM E 1148,
    incorporated by reference in
    Section 808.111.
    k)
    Persistence.
    If available,
    a value for persistence,
    measured pursuant to subsection
    (k) (1), must be used.
    I
    14—462

    31
    Otherwise,
    the
    table
    of
    subsection
    (k)
    (2)
    must
    be
    used.
    1)
    Persistence must be measured pursuant to ASTM E
    896,
    incorporated by reference in Section 808.111.
    2)
    Persistence may be estimated using the following
    table
    (The longest half-life indicated must be
    used for constituents which fit into more than one
    category.):
    Type of Compound or Material
    Half Life
    (days)
    Metal,
    metal
    oxide
    or
    inorganic
    oxide
    366
    Inorganic salts
    366
    Asbestos
    366
    Clay
    366
    Plastics or polymers
    366
    Pesticides
    366
    Halogenated hydrocarbons
    366
    Polyaromatic hydrocarbons and biphenyls
    366
    Phthalate esters
    366
    Paper products
    366
    Fats,
    oils and greases
    366
    Resins and pigments
    366
    Aromatic and alicyclic hydrocarbons
    31
    Aliphatic hydrocarbons
    More than 10 carbons
    3.
    10 carbons or less
    1
    Waste
    constituents
    not
    otherwise
    listed
    366
    114—463

    32
    TITLE
    35:
    ENVIRONMENTAL
    PROTECTION
    SUBTITLE
    G:
    WASTE DISPOSAL
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    i:
    SOLID WASTE AND SPECIAL WASTE HAULING
    PART 809
    SPECIAL WASTE HAULING
    SUBPART
    A:
    GENERAL
    PROVISIONS
    Section
    809.101
    Authority,
    Policy and Purposes
    809.
    102
    Severability
    809. 103
    Definitions
    SUBPART
    B:
    SPECIAL WASTE HAULING PERMITS
    Section
    809.201
    Special Waste Hauling Permits
    -
    General
    809.202
    Applications for Special Waste Hauling Permit
    Contents
    809.203
    Applications for Special Waste Hauling Permit
    -
    Signatures and Authorization
    809.204
    Applications for Special Waste Hauling Permit
    -
    Filing
    and Final Action by the Agency
    809.205
    Special Waste Hauling Permit Conditions
    809.206
    Special Waste Hauling Permit Revision
    809.207
    Transfer of Special Waste Hauling Permits
    809.208
    Special Waste Hauling Permit Revocation
    809.209
    Permit No Defense
    809.210
    General Exemption from Special Waste Hauling Permit
    Requirements
    809.211
    Exemptions for Special Waste Haulers
    SUBPART
    C:
    DELIVERY AND ACCEPTANCE
    Section
    809.301
    Requirements for Delivery of Special Waste to Haulers
    809.302
    Requirements for Acceptance of Special Waste
    from
    Haulers
    SUBPART D:
    VEHICLE NUMBERS AND SYMBOLS
    Sect ion
    809.401
    Vehicle Numbers
    809.402
    Special Waste Symbols
    SUBPART
    E:
    MANIFESTS,
    RECORDS AND REPORTING
    Section
    809.501
    Manifests,
    Records, Access to Records~e-n-d---Reporting
    Requirements and Forms
    SUBPART F:
    DURATION OF PERMITS AND TANK NUMBERS
    Section
    809.601
    Duration of Special Waste Hauler Permits and Tank
    Numbers
    114—464

    33
    SUBPART
    G:
    EMERGENCY
    CONTINGENCIES
    FOR
    SPILLS
    Section
    809.701
    General Provision
    SUBPART
    H:
    EFFECTIVE DATES
    Section
    809.801
    Compliance Date
    809.802
    Exceptions
    SUBPART
    I:
    HAZARDOUS (INFECTIOUS)
    HOSPITAL WASTE
    Section
    809.901
    Definitions
    809.902
    Disposal Methods
    809.903
    Rendering Innocuous by Sterilization
    809.904
    Rendering Innocuous by Incineration
    809.905
    Recordkeeping Requirements for Generators
    809.906
    Defense to Enforcement Action
    Appendix A
    Old Rule Numbers Referenced
    AUTHORITY:
    Implementing Sections
    5,
    10,
    13 and 22 and authorized
    by Section 27
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1005,
    1010,
    1013,
    1022,
    and 1027).
    SOURCE:
    Adopted in R76-lO,
    33 PCB 131,
    at
    3
    Ill. Peg.
    13,
    P.
    155, effective March 31,
    1979; emergency amendment in R76—lO,
    39
    PCB 175,
    at
    4 Ill.
    Peg.
    34,
    p.
    214, effective August
    7,
    1980 for
    a maximum of 150 days; emergency amendment in R80-19,
    40 PCB 159,
    at
    5
    Ill.
    Reg.
    270,
    effective January
    1,
    1981 for a maximum of
    150 days;
    amended in P77—12(B),
    41 PCB 369,
    at
    5
    Ill. Reg.
    6384,
    effective May 28,
    1981; amended in P80—19,
    41 PCB 459,
    at
    5
    Ill.
    Peg.
    6378, effective May 31,
    1981;
    codified
    in P81—9,
    53 PCB 269,
    at
    7
    Ill.
    Reg.
    13640; recodified in R84-5,
    58 PCB 267,
    from
    Subchapter h to Subchapter
    i at 8
    Ill.
    Reg.
    13198; amended in
    R89—13A
    at
    14
    111.
    Reg.
    ,
    effective
    Capitalization denotes statutory language.
    SUBPART
    A:
    GENERAL PROVISIONS
    Section
    809.103
    Definitions
    “Act” means the Environmental Protection Act
    (Ill.
    Rev.
    Stat. 198±9, ch.
    111½,
    pars.
    1001,
    et seq.).
    “Agency” means the Illinois Environmental Protection
    Agency.
    “Board” means the Illinois Pollution Control Board.
    II 4—4RS

    34
    “DISPOSAL” MEANS THE DISCHARGE, DEPOSIT,
    INJECTION,
    DUMPING, SPILLING,
    LEAKING,
    OR
    PLACING
    OF
    ANY
    WASTE OR
    SPECIAL WASTE INTO OR
    ON ANY LAND OR WATER
    SO
    THAT
    SUCH
    WASTE OR SPECIAL WASTE OR
    ANY
    CONSTITUENT
    THEREOF MAY
    ENTER THE ENVIRONMENT OR BE EMITTED INTO THE AIR OR
    DISCHARGED INTO
    ANY
    WATERS,
    INCLUDING GROUND WATERS.
    (Section 3.08 of the Act.)
    (See “Waste”,
    “Special
    Waste.”)
    “GARBAGE” MEANS THE WASTE RESULTING FROM THE HANDLING,
    PROCESSING,
    PREPARATION, COOKING, AND CONSUMPTION OF
    FOOD,
    AND
    WASTES FROM
    THE HANDLING,
    PROCESSING,
    STORAGE
    AND
    SALE
    OF
    PRODUCE.
    (Section
    3.11
    of
    the
    Act.)
    (See
    “Waste.
    “)
    “HAZARDOUS WASTE”
    MEANS A WASTE,
    OR
    COMBINATION
    OF
    WASTES, WHICH BECAUSE OF QUANTITY,
    CONCENTRATION, OR
    PHYSICAL,
    CHEMICAL,
    OR INFECTIOUS CHARACTERISTICS
    MAY
    CAUSE
    OR
    SIGNIFICANTLY
    CONTRIBUTE
    TO
    AN
    INCREASE
    IN
    MORTALITY OR AN
    INCREASE
    IN SERIOUS, IRREVERSIBLE, OR
    INCAPACITATING REVERSIBLE,
    ILLNESS; OR POSE A
    SUBSTANTIAL PRESENT OR POTENTIAL THREAT TO
    HUMAN
    HEALTH
    OR
    TO
    THE
    ENVIRONMENT
    WHEN
    IMPROPERLY
    TREATED,
    STORED,
    TRANSPORTED OR DISPOSED OF, OR OTHERWISE MANAGED, AND
    WHICH HAS BEEN IDENTIFIED, BY CHARACTERISTICS OR
    LISTING, AS HAZARDOUS PURSUANT TO SECTION 3001 OF
    RESOURCE CONSERVATION
    AND RECOVERY ACT OF
    1976T
    142
    U.S.C.
    6901 ET SEQ.j OR PURSUANT TO AGENCY GUIDELINES
    CONSISTENT WITH THE REQUIREMENTS OF THE ACT
    AND
    BOARD
    REGULATIONS.
    (Section 3.15
    of the Act.)
    “INDUSTRIAL PROCESS WASTE” MEANS ANY LIQUID,
    SOLID,
    SEMI-SOLID OR GASEOUS WASTE, GENERATED AS A DIRECT OR
    INDIRECT RESULT OF THE MANUFACTURE OF A PRODUCT OR THE
    PERFORMANCE OF A SERVICE, WHICH POSES A PRESENT OR
    POTENTIAL THREAT TO
    HUMAN
    HEALTH
    OR
    TO
    THE
    ENVIRONMENT
    OR
    WITH
    INHERENT
    PROPERTIES WHICH
    MAKE
    THE DISPOSAL OF
    SUCH
    WASTE
    IN
    A
    LANDFILL
    DIFFICULT
    TO
    MANAGE
    BY
    NORMAL
    MEANS.
    ‘INDUSTRIAL PROCESS WASTE” INCLUDES BUT IS NOT
    LIMITED TO SPENT PICKLING LIQUORS, CUTTING OILS,
    CHEMICAL CATALYSTS, DISTILLATION BOTTOMS,
    ETCHING
    ACIDS,
    EQUIPMENT
    CLEANINGS,
    PAINT SLUDGES,
    INCINERATOR
    ASHES, CORE SANDS, METALLIC DUST SWEEPINGS, ASBESTOS
    DUST, HOSPITAL PATHOLOGICAL WASTES AND OFF-
    SPECIFICATION,
    CONTAMINATED OR RECALLED WHOLESALE OR
    RETAIL PRODUCTS.
    SPECIFICALLY EXCLUDED ARE
    UNCONTAMINATED
    PACKAGING MATERIALS,
    UNCONTAMINATED
    MACHINERY
    COMPONENTS,
    GENERAL
    HOUSEHOLD
    WASTE,
    LANDSCAPE WASTE AND
    CONSTRUCTION
    OR
    DEMOLITION
    DEBRIS._
    (Section
    3.17
    of
    the
    Act.)
    “Manifest” means the form provided or prescribed by the
    1 I4-46r~

    35
    Agency
    and
    used
    for
    identifying
    name,
    quantity,
    and
    the
    origin,
    routing,
    and
    destination
    of
    special
    waste
    during its transportation from the point of generation
    to
    the
    point
    of
    disposal,
    treatment,
    or
    storage,
    as
    required
    by
    this
    Part,
    35
    Ill.
    Adm.
    Code:
    Subtitle
    H,
    or
    by
    the
    Resource
    Conservation
    and
    Recovery
    Act
    of
    1976T
    j42
    U.S.C.
    6901
    et seq.~~or regulations
    thereunder.
    “Permitted
    ~isposal
    Gsite”
    means
    a
    sanitary
    landfill
    or
    other
    type
    of
    disposal
    site
    including
    but
    not
    limited
    to
    a
    deep
    well,
    a
    pit,
    a
    pond,
    a
    lagoon
    or
    an
    impoundment which has a current, valid operating permit
    issued
    by
    the
    agency
    under
    Subpart
    B
    of
    this
    Part
    and
    a
    supplemental permit issued by the Agency under Subpart
    B of this Part specifically permitting the site to
    accept
    a special waste tendered for disposal.
    “Permitted S~torageSsite” means any site used for the
    interim containment of special waste prior to disposal
    or treatment which has a current, valid operating
    permit issued by the Agency under Subpart B of this
    Part and a supplemental permit issued by the Agency
    under Subpart B of this Part,
    specifically permitting
    the site to accept a special waste tendered for
    storage.
    “Permitted P~reatment6~ite”means any site used ~to
    change the physical,
    chemical or biological character
    or composition of any special waste, including but not
    limited to a processing center,
    a reclamation facility
    or a recycling center which has
    a current, valid
    operating permit issued by the Agency under Subpart
    B
    of this Part and a supplemental permit issued by the
    Agency under Subpart B of this Part,
    specifically
    permitting the site to accept a special waste tendered
    for
    treatment.
    “PERSON” MEANS ANY INDIVIDUAL,
    PARTNERSHIP,
    CO-
    PARTNERSHIP,
    FIRM,
    COMPANY,
    CORPORATION,
    ASSOCIATION,
    JOINT STOCK COMPANY,
    TRUST,
    ESTATE,
    POLITICAL
    SUBDIVISION,
    STATE AGENCY,
    OR ANY OTHER LEGAL ENTITY OR
    THEIR LEGAL REPRESENTATIVE,
    AGENT OR ASSIGNEE._
    (Section 3.26
    of
    the Act.)
    “POLLUTION CONTROL WASTE” MEANS ANY LIQUID,
    SOLID,
    SEMI-SOLID
    OR GASEOUS WASTE GENERATED AS A DIRECT OR
    INDIRECT RESULT OF THE REMOVAL OF CONTAMINANTS
    FROM THE
    AIR, WATER OR LAND,
    AND WHICH POSE A PRESENT OR
    POTENTIAL THREAT TO
    HUMAN
    HEALTH OR TO THE ENVIRONMENT
    OR
    WITH
    INHERENT
    PROPERTIES
    WHICH MAKE THE DISPOSAL OF
    SUCH
    WASTE
    IN
    A
    LANDFILL
    DIFFICULT
    TO
    MANAGE
    BY
    NORMAL
    1 14- 467

    36
    MEANS.
    “POLLUTION CONTROL WASTE” INCLUDES BUT IS NOT
    LIMITED TO WATER AND WASTEWATER TREATMENT PLANT
    SLUDGES, BAGHOUSE DUSTS, SCRUBBER SLUDGES AND CHEMICAL
    SPILL CLEANINGS.
    (Section 3.27
    of the Act.)
    “Reclamation” means the recovery of material or energy
    from waste for commercial or industrial use.
    “Refuse”
    means
    any
    garbage
    or
    other
    discarded
    materials, with the exception of radioactive materials
    discarded
    in
    accordance
    with
    the
    provisions
    of
    the
    Radiation Protection Act
    (Ill. Rev.
    Stat.7 198-l~,G~h.
    ill
    l/2~,
    par.
    2l1—2-2-9- et
    seq.)
    and
    “AN
    ACT
    in
    relation
    to the concentration and storage of radioactive waste”
    QJl.
    Rev.
    Stat.
    1989.
    ch.
    ll1~,
    par.
    230.1—230.l4et
    seq.)
    as now or hereafter amended.
    (See “Waste.”)
    “Septic ~tank Ppumpings” means the liquid portions and
    sludge residues removed from septic tanks.
    “SITE” MEANS ANY LOCATION, PLACE OR TRACT OF
    LAND
    AND
    FACILITIES USED FOR COLLECTION,
    STORAGE, DISPOSAL OR
    TREATMENT OF SPECIAL WASTE.
    (Section
    3.43
    of the Act.)
    “Solid
    Wwaste”
    (see
    “Waste”)
    “Special
    aste”
    ~
    ~~u-s-t-rial
    proccss waste”
    or “pollution control
    as defined in 35 Ill.
    Adm.
    Code 808.110.
    Special waste may be either “Class A”
    or “Class B,”
    pursuant to 35
    Ill.
    Adm.
    Code 808.245.
    “Special W~asteHhauler” means any person who
    transports special waste from any location.
    “Spill” means any accidental discharge of special
    waste.
    “Storage” means the interim containment of special
    waste prior to disposal or treatment.
    “Tank” means any bulk container placed on or carried by
    a vehicle to transport special waste,
    including wheel
    mounted tanks.
    “TREATMENT” MEANS ANY
    METHOD,
    TECHNIQUE OR PROCESS
    INCLUDING
    NEUTRALIZATION
    DESIGNED
    TO CHANGE THE
    PHYSICAL,
    CHEMICAL OR BIOLOGICAL
    CHARACTER
    OR
    COMPOSITION
    OF ANY SPECIAL WASTE
    SO AS TO NEUTRALIZE
    THAT WASTE
    OR SO AS TO RENDER THAT WASTE NONHAZARDOUS,
    SAFER
    FOR
    TRANSPORT,
    AMENABLE
    FOR
    RECOVERY,
    AMENABLE
    FOR
    STORAGE
    OR
    REDUCED
    IN
    VOLUME.
    “TREATMENT”
    INCLUDES
    Ii
    ‘~—
    !,6S

    37
    ANY
    ACTIVITY OR PROCESSING DESIGNED TO CHANGE THE
    PHYSICAL FORM CR CHEMICAL COMPOSITION OF SPECIAL WASTE
    TO
    RENDER
    IT
    LESS
    DANGEROUS
    OR
    NONHAZARDOUS.
    “Treatment” also includes reclamation, re—use and
    recycling of special waste.
    (Section 3.49
    of the Act.)
    “Truck” means any unitary vehicle used to transport
    special waste.
    “Truck ~3?~ractor”means any motor vehicle used to
    transport special waste which
    is designed and used for
    drawing other vehicles and not so constructed as to
    carry
    a load other than
    a part of the weight of the
    vehicle and load so drawn.
    “Vehicle” means any device used to transport special
    waste
    in bulk or
    in packages,
    tanks or other
    containers.
    “WASTE” MEANS ANY GARBAGE, REFUSE,
    SLUDGE FROM A WASTE
    TREATMENT PLANT,
    WATER SUPPLY TREATMENT PLANT,
    OR AIR
    POLLUTION CONTROL FACILITY OR OTHER DISCARDED MATERIAL,
    INCLUDING SOLID, LIQUID,
    SEMI-SOLID,
    OR CONTAINED
    GASEOUS MATERIAL RESULTING FROM INDUSTRIAL,
    COMMERCIAL,
    MINING AND AGRICULTURAL OPERATIONS, AND FROM COMMUNITY
    ACTIVITIES.
    “WASTE” AS HERE DEFINED DOES NOT INCLUDE
    SOLID OR DISSOLVED MATERIAL IN DOMESTIC SEWAGE,
    OR
    SOLID OR DISSOLVED MATERIAL IN
    IRRIGATION
    RETURN FLOWS,
    OR IN INDUSTRIAL DISCHARGES
    WHICH
    ARE POINT SOURCES
    SUBJECT TO PERMITS UNDER SECTION 402 OF
    THE FEDERAL
    WATER POLLUTION CONTROL ACT7 133 U.S.C.
    1251 et seq.~
    OR SOURCE,
    SPECIAL NUCLEAR, OR BYPRODUCT MATERIAL AS
    DEFINED BY THE ATOMIC ENERGY ACT OF 19547 142 U.S.C.
    2011 et seq.~ OR RADIOACTIVE MATERIALS DISCARDED IN
    ACCORDANCE WITH THE PROVISIONS OF “AN ACT in relation
    to personnel radiation monitoring” (Ill4ne~. Rev4se8.
    Statu-tes-7.
    198+9,
    Chapterch.
    111½,
    Par.
    230.1 et seq.~
    approvcd—Augue-t
    16,
    1963,
    as now or hereafter amcn4ecl,
    AND AS AUTHORIZED
    BY REGULATIONS PROMULGATED PURSUANT
    TO
    THE “RADIATION
    PROTECTION
    ACT7” 1111.
    Rev.
    Stat.
    198-19,
    Cli.
    111½,
    Par.
    211 et seq.j; AS
    NOW OR HEREAFTER
    AMENDED.
    “Waste”
    as
    here
    defined
    is
    intended
    to
    be
    consistent with the definition
    of
    “solid waste” set
    forth in Section 1004(27)
    of Resource Conservation and
    Recovery Act of 19767 j42 U.S.C. 690±—e-t—ee~3(27))._
    (Section
    3.53
    of the Act.)
    (Source:
    Amended at
    14
    Ill.
    Reg.
    ,
    effective
    ii 4- ~

    38
    CUBPART
    B:
    SPECIAL WASTE HAULING
    PERMITS
    SUBPART
    B:
    GENERAL
    REQUIREMENTS
    FOR
    WASTE
    HAULERS
    Section 809.211
    Exemptions for Special Waste Haulers
    The following persons need not obtain
    a special waste hauling
    permit or carry
    a manifest
    if they haul only the waste indicated:
    a)
    Any person licensed in accordance with the Private
    Sewage Disposal Licensing Act
    (Ill.
    Rev.
    Stat. l98±~,
    ~
    111½,
    par.
    116.301 et seq.) and who hauls only
    septic tank pumpings—need not obtain a special waste
    hauling permit or carry and complete a manifest under
    this
    Part.
    b)
    c)
    d)
    Any person licensed
    in accordance with “An Act in
    relation to the Disposal of Dead Animals7” 1111.
    Rev.
    Stat.7 198±9, ech.
    8,
    par.
    149.1 et seq.7j and who
    hauls only grease,
    meat packing scraps,
    dead animals
    and parts
    of animals for delivery to a renderer-j—-n-eed
    not obtain
    a special waste hauling permit or carry
    and
    a manifest under this
    Part.
    e)
    Any person operating under rules and i~egulations
    adopted pursuant to “An Act in relation to Oil,
    Gas,
    Coal and Other Surface and Underground Resources7”
    1111.
    Rev.
    Stat.7 198+~, ch.
    96½,
    par.
    5401 et seq.71
    and who hauls only oil and gas extraction wastes as
    defined
    the±
    —need---net--e-b-tain
    a special waste
    haul-i-n-g
    perm—e±’--ea-i~’-i-y--and
    complete
    a manifest undcr this
    Pa~-tinthat Act.
    f)
    Any person who hauls only radioactive wastes as defined
    by the Radiation Protection Act7 1111.
    Rev.
    Stat.
    198±~,ch.
    111½,
    par.
    211 et seq.j~
    g)
    Any person holding a permit or certificate issued by
    Any person who hauls only livestock waste intended for
    land application pursuant to Agency guideline WPC
    2
    need not obtain
    a special waste hauling permit or carry
    and complete a manifest—
    —-ie---Part35 Ill.
    Adm.
    Code 560.
    Generators ai~d—h1-jaulers of municipal water or
    wastewater treatment plant sludge which is to be
    applied to land and which
    is regulated under 35
    Ill.
    Adm.
    Code:
    Subtitle C pursuant to—a sludge management
    scheme approved by the Agency pursuant to 35 Ill. Adm.
    Code 309.208 need not obtain
    a special waste hauling
    permit
    or prepare, corry and complete a manifest under
    4~s—Pte~---t4--e±u&je.
    114--/47fl

    39
    the Illinois Commerce Commission or the Interstate
    Commerce Commission and who handles only shipments
    pursuant to a bill of lading in accordance with such
    Commission’s regulationsneed not obtain
    a special waste
    hauling permit or carry and complete a manifest under
    this Part.
    h)
    Any
    person who hauls only coal combustion fly ashfteed
    not obtain
    a special waste hauling permit or carry and
    c~cmnletea manifest under this Part.
    ii.
    Any person who hauls only declassified waste or refuse.
    jj
    Any person who hauls only special waste exempted by 35
    Ill.
    Adm. Code 808.123
    (small quantity generators).
    (Source:
    Amended at 14
    Ill.
    Peg.
    ,
    effective
    SUBPART
    E:
    MANIFESTS, RECORDS AND REPORTING
    Section 809.501
    Manifests,
    Records, Access to Records~end
    Reporting Requirements and Forms
    a)
    Any person who delivers special waste to a permitted
    special waste hauler shall complete
    a manifest to
    accompany the special waste from delivery to the
    destination of the special waste.
    The manifest which
    shall be provided or prescribed by the Agency shall,
    as
    a minimum, contain the name of the generator of the
    special waste; when and where generated;
    name of the
    person from whom delivery is accepted and the name of
    the site from which delivered; the name
    of the special
    waste hauler; the date of delivery; the final disposal,
    storage or treatment site; and the name,
    classification
    and quantity of the special waste delivered to the
    hauler.
    The Agency may provide or prescribe
    a
    different form of manifest for Class A special wastes
    than for Class B special wastes.
    b)
    The
    manifest
    shall
    consist
    of
    four
    parts,
    in
    c~~±~n
    colors,
    such that an entry
    or signature
    on
    one part will be directly reproduced
    upon all
    underlying
    parts.
    The top part of the manifest
    shall
    be signed by the person who delivers special waste to
    a
    special waste hauler,
    such signature acknowledging
    such
    delivery.
    The ~
    of the manifest
    shall also be
    signed by the special waste hauler,
    such signature
    acknowledging
    receipt
    of the special
    waste.
    The person
    who delivers special waste to a special waste hauler
    shall
    ~ubm-i-t—a—copy---e-f—each—eomp±e-ted~—-s-igned—man
    i lest
    I
    I
    !~
    -471

    40
    received during that period to the Agency, and shall
    retain one copythe top part of the manifest as a
    record.
    The remaining four copiesthree parts
    of the
    manifest shall accompany the special waste shipment.
    At the destination, the second part of the manifest
    shall be signed by the person who accepts special waste
    from a special waste hauler,
    such signature
    acknowledging acceptance of the special waste.
    c)
    A permitted site which receives special waste for
    disposal,
    storage or treatment of special waste must be
    designated on the manifest as the final destination
    point.
    Any subsequent delivery of the special waste or
    any portion or product thereof to a special waste
    hauler shall be conducted under a manifest initiated by
    the permitted disposal,
    storage or treatment site.
    d)
    In all cases, the special waste hauler shall deliver
    the
    t-hr-ec cop-iesthird and fourth parts
    of the complete,
    signed manifest to the person who accepts delivery of
    special waste from the hauler.
    The special waste
    hauler shall retain one copythe second part of the
    completed,
    signed manifest as a record of delivery to
    a
    permitted disposal,
    storage or treatment site.
    In
    addition,
    at the end of each month,
    or such longer
    period of time approved by the Agency,
    the owner and
    the operator of the permitted disposal,
    storage or
    treatment site who accepts special waste from a special
    waste hauler shall
    ~-ubmit
    a copy
    of each completed,
    siged—i4e-s-t—~-eee-i-ved--during
    that period to the
    Agency,
    and shall—send the fourth part of the completed
    manifest to the person who delivered the special waste
    to the special waste hauler.
    e)
    Every person who delivers special waste to a special
    waste hauler,
    every person who accepts special waste
    from
    a special waste hauler and every special waste
    hauler shall retain e—eepytheir respective parts of the
    special waste manifest as
    a record of all special waste
    transactions.
    These
    eep-i-e-sparts shall
    be retained for
    three years and shall be made available at reasonable
    times for inspection and photocopying by the Agency.
    BOARD NOTE:
    The manifest requirements
    of
    35 Ill.
    Adm.
    Code 722,
    724 and 725 relative to
    RCRA
    hazardous wastes
    are not affected by this subsection.
    Generators and
    receiving facilities subject to those Parts shall
    continue to supply copies of all manifests to the
    Agency.
    ZI
    Every person who delivers Class A special waste to
    a
    special waste hauler,
    and every person who accepts
    114-472

    41
    Class A special waste from
    a special waste hauler shall
    file
    a report,
    on forms prescribed or provided by the
    Agency,
    summarizing all such activity during the
    preceding
    calendar
    quarter.
    Such
    reports
    shall,
    at
    a
    minimum,
    include the information specified
    in
    subsections
    (h) and
    (1)
    of this Section and be mailed
    no later than the tenth day of the month following the
    end of the calendar quarter.
    This subsection
    shall
    be
    applicable to all Class A special wastes which are
    delivered to
    a special waste hauler on or after January
    1,
    1991.
    gj.
    Every person who delivers Class B special waste to a
    special waste hauler,
    and every person who accepts
    Class B special waste from a special waste hauler shall
    file
    a report,
    on forms prescribed or provided by the
    Agency,
    summarizing all such activity during the
    preceding year,
    ending on August
    1.
    Such reports
    shall,
    at a minimum include the information specified
    in subsection
    (h)
    of this Section and shall
    be mailed
    no
    later
    than
    October
    1,
    i.e.,
    two
    months
    following
    the
    end
    of the preceeding year.
    This subsection shall be
    applicable
    to
    all
    Class
    B
    special
    wastes
    which
    are
    delivered to a special waste hauler on or after January
    1,
    1991.
    i~j
    Every quarterly or annual report required to be fIled
    with the Agency by
    a generator pursuant to subsection
    (f)
    or
    (g)
    of this Section shall include the following:
    fl
    The IEPA
    identification
    number,
    name
    and address
    of
    the
    generator
    21
    The period
    (calendar quarter or year)
    covered by
    the report
    ~J
    The IEPA identification
    number,
    name and address
    for each off—site treatment,
    storage or disposal
    facility in the United States to which waste was
    shipped during
    the period
    ~j
    The name and IEPA identification number of each
    transporter used during the period for shipments
    to
    a treatment,
    storage or disposal facility
    within the United States
    ~j
    The IEPA supplemental permit identification number
    issued
    for the wastestream
    shipped off-site
    ~j
    ~
    ~guantity
    of
    each wastestre~p shipped
    off—site, iis~~_byIEPA identification
    number
    o~.
    each receiving
    site;
    and
    11 4—4 7 3

    42
    fl
    A
    certification
    signed
    by
    the
    generator
    or
    the
    generator’s authorized representative.
    il
    Every
    quarterly or annual report required to be filed
    with the Agency by a person accepting special waste
    from a waste hauler pursuant to subsection
    (f)
    or
    (g)
    of this Section shall
    include the following
    information:
    fl
    The
    IEPA
    identification
    number,
    name
    and
    address
    of
    the
    facility
    21
    The period
    (calendar quarter or year)
    covered by
    the
    report
    ~j
    For off—site facilities,
    the IEPA identification
    number of each hazardous waste generator from
    which the facility received a non—hazardous
    special waste during the period;
    for imported
    shipments,
    the report must give the name and
    address of the foreign generator
    4j
    A description and the quantity of each non-
    hazardous special waste the facility received from
    off-site during the period.
    This information must
    be
    listed
    by
    IEPA
    identification
    number
    of
    each
    generator
    ~
    The
    method
    of treatment,
    storage or disposal
    for
    each non—hazardous special waste;
    and
    ~j
    A certification signed by the owner or operator of
    the facility or the owner or operator’s authorized
    representative.
    (Source:
    Amended at
    14
    Ill. Reg.
    ,
    effective
    114-4 74

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