00-018r090700

ILLINOIS POLLUTION CONTROL BOARD

September 7, 2000

IN THE MATTER OF:

CONFORMING AND TECHNICAL AMENDMENTS TO

35 ILL. ADM. CODE 809, NONHAZARDOUS SPECIAL

WASTE HAULING AND THE UNIFORM PROGRAM

)

R00-18

(Rulemaking - Land)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by N. J. Melas):

On December 16, 1999, the Board dismissed the Illinois Environmental Protection Agency’s (Agency)

proposed rules on permitting certain used oil management facilities and used oil transporters. See Amendments to

Permitting for Used Oil Management and Used Oil Transport: 35 Ill. Adm. Code 807 and 809 (December 16, 1999),

R99-18. Although the Board dismissed the Agency’s used oil facility/transporter permitting proposal, the Board

determined that certain technical changes to Part 809 of the Board’s rules that were a part of the R99-18 docket

should be addressed in another rulemaking. The Board also determined that one substantive change to Part 809 is

necessary as well. Amendments to Permitting for Used Oil Management and Used Oil Transport, R99-18, slip op. at

1, 7. In order to make these changes, the Board, on its own motion, proposes for second-notice docket R00-18.

PROCEDURAL HISTORY

On March 16, 2000, the Board adopted these proposed rules for first-notice publication in the

Illinois

Register

and identified the docket as R00-18. Subsequently, the amendments to Part 809 of the Board’s rules were

published in the

Illinois Register

(24 Ill. Reg. 5854 (April 7, 2000)).

Two regular hearings were held in this matter before Board Hearing Officer Joel Sternstein and Board

Member Nicholas J. Melas. The first was held on April 20, 2000, in Chicago. The Agency was represented by

Assistant Counsel Kimberly A. Geving. Daniel Merriman and Ted Dragovich from the Agency were also present.

No other interested parties attended the first hearing, and no one at the first hearing presented any testimony.

The second hearing was held on May 18, 2000, in Springfield, where Geving, Merriman, and Dragovich

were present again. In addition, Dave Walters from the Agency attended and answered questions posed by Board

Member Melas about the economic effect that docket R00-18 might have on both the Agency and the regulated

community. No other interested parties attended the second hearing, and no one presented any further testimony.

During the second hearing, the Board set aside time for discussion regarding the Department of Commerce and

Community Affairs’ (DCCA) decision to not conduct an Economic Impact Statement (EcIS) for docket R00-18. No

one testified on DCCA’s decision not to conduct an EcIS.

No public comments were received during the first-notice or second-notice periods with the exception of

several minor editorial changes suggested by the Joint Committee on Administrative Rules (JCAR).

DISCUSSION

Illinois’ Definition of “On-Site” to Match Federal Definition

The substantive change involves the permitting and manifesting of hazardous waste. In Public Comment

21 for docket R99-18, the Agency proposed a change in the definition of “on- site” at Part 809.103. The Agency

notes that the Illinois definition of “on-site” for purposes of transport of hazardous waste has not been consistent

with the federal definition since 1998. The Agency’s proposed change conforms the State definition of “on-site” to

the federal one, making them identical.

The change only affects owners and operators of the same or geographically contiguous properties who

must use public rights-of-way to transport hazardous waste from one part of a facility to another. Pursuant to the

current Illinois definition of “on-site” the owner or operator does not need a permit and manifest to transport a

shipment of hazardous waste across a public right-of-way. However, the owner or operator needs a permit and

manifest if the hazardous waste is transported along the right-of-way. The new language does away with the

distinction and allows unpermitted and unmanifested transport of hazardous waste both across and along public

rights-of-way, provided that the waste is transported to another geographically contiguous part of the same facility.

The proposed rule does not allow the unpermitted unmanifested shipment if waste is transported between two

separate facilities.

Minor Revisions

The Board is also proposing technical amendments to 35 Ill. Adm. Code 809. These changes, suggested by

JCAR during both a prior rulemaking and during the instant rulemaking, are nonsubstantive.

ORDER

The Board adopts as a final rule the following amendments to 35 Ill. Adm. Code 809. The Clerk of the

Board is directed to file the following proposal with the Secretary of State for publication as a final rule.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 809

NONHAZARDOUS SPECIAL WASTE HAULING AND THE UNIFORM PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

809.101

Authority, Policy and Purposes

809.102

Severability

809.103

Definitions

809.104

Incorporations by Reference

809.105

Public Records

SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS

Section

809.201

Nonhazardous Special Waste Hauling Permits-General

809.202

Applications for Nonhazardous Special Waste Hauling Permit-Contents

809.203

Applications for Nonhazardous Special Waste Hauling Permit-Signatures and

Authorization

809.204

Applications for Nonhazardous Special Waste Hauling Permit-Filing and Final Action by

the Agency

809.205

Nonhazardous Special Waste Hauling Permit Conditions

809.206

Nonhazardous Special Waste Hauling Permit Revision

809.207

Transfer of Nonhazardous Special Waste Hauling Permits

809.208

Nonhazardous Special Waste Hauling Permit Revocation

809.209

Permit No Defense

809.210

General Exemption from Nonhazardous Special Waste Hauling Permit Requirements

809.211

Exemptions for Nonhazardous Special Waste Transporters

809.212

Duration of Nonhazardous Special Waste Hauling Permits

SUBPART C: DELIVERY AND ACCEPTANCE

Section

809.301

Requirements for Delivery of Nonhazardous Special or Hazardous Waste to Transporters

809.302

Requirements for Acceptance of Nonhazardous Special or Hazardous Waste from

Transporters

SUBPART D: PERMIT AVAILABILITY AND SYMBOLS

Section

809.401

Permit Availability

809.402

Nonhazardous Special Waste Symbols

SUBPART E: MANIFESTS, RECORDS AND REPORTING

Section

809.501

Manifests, Records, Access to Records, and Reporting Requirements and Forms

SUBPART F: DURATION OF PERMITS AND TANK NUMBERS

Section

809.601

Duration of Special Waste Hauler Permits and Tank Numbers (Repealed)

SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS

Section

809.701

General Provision

SUBPART H: EFFECTIVE DATES

Section

809.801

Compliance Date

809.802

Exceptions (Repealed)

SUBPART I: HAZARDOUS (INFECTIOUS) HOSPITAL WASTE

Section

809.901

Definitions (Repealed)

809.902

Disposal Methods (Repealed)

809.903

Rendering Innocuous by Sterilization (Repealed)

809.904

Rendering Innocuous by Incineration (Repealed)

809.905

Recordkeeping Requirements for Generators (Repealed)

809.906

Defense to Enforcement Action (Repealed)

SUBPART J: UNIFORM PROGRAM

Section

809.910

Uniform State Hazardous Waste Transportation Registration and Permit Program

809.911

Application for a Uniform Permit

809.912

Application for Uniform Registration

809.913

Payment of Processing and Audit Fees

809.914

Payment of Apportioned Mile Fees

809.915

Submittal of Fees

809.916

Previously Permitted Transporters

809.917

Uniform Registration and Uniform Permit Conditions

809.918

Uniform Registration and Uniform Permit Revision

809.919

Transfer of Uniform Registration and Uniform Permits

809.920

Audits and Uniform Registration and Uniform Permit Revocation

809.921

Permit No Defense

Appendix A

Old Rule Numbers Referenced (Repealed)

AUTHORITY: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, and 22.2 and 27] (see P.A. 90-219).

SOURCE: Adopted in R76-10, 33 PCB 131, at 3 Ill. Reg. 13, p. 155, effective March 31, 1979; emergency amendment

in R76-10, 39 PCB 175, at 4 Ill. Reg. 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 R77-12(B), 41 PCB 369, at 5 Ill. Reg. 6384, effective May 28, 1981; amended in R80-19, 41 PCB 459, at 5

Ill. Reg. 6378, effective May 31, 1981; codified in R81-9, 53 PCB 269, at 7 Ill. Reg. 13640; effective September 30,

1983; recodified in R84-5, 58 PCB 267, from Subchapter h to Subchapter i at 8 Ill. Reg. 13198; amended in R89-13A

at 14 Ill. Reg. 14076, effective August 15, 1990; amended in R91-18 at 16 Ill. Reg. 130, effective January 1, 1992;

amended in R95-11 at 20 Ill. Reg. 5635, effective March 27, 1996; amended in R98-29 at 23 Ill. Reg. 6842, effective

July 1, 1999; amended in R00-18 at 24 Ill. Reg. , effective)

SUBPART A: GENERAL PROVISIONS

Section 809.103

Definitions

"Act" means the Illinois Environmental Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental Protection Agency.

"Base state" means the state in which a hazardous waste transporter must obtain a uniform

registration, if required by the base state, and uniform permit.

"Board" means the Illinois Pollution Control Board.

"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)[415 ILCS 5/3.08](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)[415 ILCS 5/3.11](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 the Resource Conservation and

Recovery Act of 1976 (42 U.S.C.USC 6901 et seq.) or pursuant to agency guidelines consistent with

the requirements of the Act and Board regulations. Potentially infectious medical waste is not a

hazardous waste, except for those potentially infectious medical wastes identified by characteristics or

listing as hazardous under Section 3001 of the Resource Conservation and Recovery Act of 1976, P.L.

94-580, or pursuant to Board regulations.

[415 ILCS 5/3.15] (Section 3.15 of the Act)

"Hazardous waste transporter" means any person who transports hazardous waste as defined in

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.

[415 ILCS 5/3.17](Section 3.17 of the Act)

"Manifest" means the form provided or prescribed by the 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 G, or by the Resource Conservation and Recovery Act of 1976 (42 USC

6901 et seq.) or regulations thereunder.

"Nonhazardous special waste" means any special waste, as defined in this Section, that has not

been identified, by characteristics or listing, as hazardous pursuant to Section 3001 of the

Resource Conservation and Recovery Act of 1976 (42 U.S.C.USC 6901 et seq.) or pursuant to

Board regulations.

"Nonhazardous special waste hauling vehicle" means any self-propelled motor vehicle, except a

truck tractor without a trailer, used to transport nonhazardous special waste in bulk or packages,

tanks, or other containers.

"Nonhazardous special waste transporter" means any person who transports nonhazardous

special waste.

"Off-site" means any site that is not "on-site", as defined in this Section.

"On-site" means (for the purpose of transporting hazardous waste) on the same or geographically

contiguous property under the control of the same person even if such contiguous property isthat

may be divided by a public or private right-of-way rights-of-way, provided the entrance and exit

between the properties is at a cross-roads intersection, and access is by crossing, as opposed to

going along, the rights-of-way. Non-contiguous properties owned by the same person but

connected by a right-of-way that the person controls, and to which the public does not have

access, is also considered on-site property.

"Participating state" means a state that has elected to participate in the uniform program and has

entered into a reciprocal agreement.

"Permitted disposal site" 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 thatwhich has a current, valid

operating permit issued by the Agency and a supplemental permit issued by the Agency

specifically permitting the site to accept a special waste tendered for disposal.

"Permitted storage site" means any site used for the interim containment of special waste prior to

disposal or treatment that has a current, valid operating permit issued by the Agency and a

supplemental permit issued by the Agency specifically permitting the site to accept a special

waste tendered for storage.

"Permitted treatment site" 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 that has a current, valid operating permit issued by the

Agency and a supplemental permit issued by the Agency 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.

[415 ILCS 5/3.26](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 means. "Pollution control waste"

includes but is not limited to water and wastewater treatment plant sludges, baghouse dusts, scrubber

sludges and chemical spill cleanings.

[415 ILCS 5/3.27](Section 3.27 of the Act)

"Principal place of business" means the state in which a person owning vehicles used for

transporting hazardous waste maintains its central records or majority of its records relating to

the transportation of hazardous materials; or the state in which the person owning vehicles used

for transporting hazardous waste has the plurality of its mileage.

"Reciprocal agreement" means an agreement between Illinois and another state to participate in

the Uniform Program.

"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 [420 ILCS

40] and Radioactive Waste Storage Act [420 ILCS 35/1] as now or hereafter amended. (See

"Waste.")

"Septic tank pumpings" means the liquid portions and sludge residues removed from septic tanks.

Site

means any location, place, or tract of land, and facilities, including but not limited to buildings,

and improvements used for purposes subject to regulation or control by this Act or regulations

thereunderunder the Act.

[415 ILCS 5/3.43](Section 3.43 of the Act)

"Solid waste." (see "Waste.")

"Special waste" means

any of the following

Potentially infectious medical waste;

Hazardous waste, as determined in conformance with RCRA hazardous waste determination

requirements set forth in 35 Ill. Adm. Code 722.111, including a residue from burning or

processing hazardous waste in a boiler or industrial furnace unless the residue has been tested

in accordance with 35 Ill. Adm. Code 726 and proven to be nonhazardous;

Industrial process waste or pollution control waste, except:

Any such waste certified by its generator, pursuant to Section 22.48 of the Act, not

to be any of the following:

A liquid, as determined using the paint filter test set forth in subdivision

(3)(a) of subsection (m) of 35 Ill. Adm. Code 811.107(m)(3)(a);

Regulated asbestos-containing waste materials, as defined under the

National Emission Standards for Hazardous Air Pollutants in 40 CFR

61.141;

Polychlorinated biphenyls (PCBs) regulated pursuant to 40 CFR 761;

An industrial process waste or pollution control waste subject to the waste

analysis and recordkeeping requirements of 35 Ill. Adm. Code 728.107

under the land disposal restrictions of 35 Ill. Adm. Code 728; and

A waste material generated by processing recyclable metals by shredding

and required to be managed as a special waste under Section 22.29 of the

Act;

Any empty portable device or container, including but not limited to a drum, in

which a special waste has been stored, transported, treated, disposed of, or otherwise

handled, provided that the generator has certified that the device or container is

empty and does not contain a liquid, as determined using the paint filter test set

forth in 35 Ill. Adm. Code 811.107 (m)(3)(a). “Empty portable device or container”

means a device or container in which removal of special waste, except for a residue

that shall not exceed one inch in thickness, has been accomplished by a practice

commonly employed to remove materials of that type. An inner liner used to

prevent contact between the special waste and the container shall be removed and

managed as a special waste; or

As may otherwise be determined under Section 22.9 of the Act.

[415 ILCS

5/3.45](Section 3.45 of the Act)

"Special waste transporter" means any person who transports special waste (as defined in Section

3.45 of the Act) 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 any activity or processing designed to change

the physical form or chemical composition of special waste to render it less dangerous or nonhazardous.

[415 ILCS 5/3.49] 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 tractor" means any motor vehicle used to transport special waste that is designed and

used for drawing other devices and not so constructed as to carry a load other than a part of the

weight of the device and load so drawn.

"Uniform application" means the uniform registration and uniform permit application form

established under the Uniform Program and provided by the Agency.

"Uniform permit" means the permit issued by a base state under Part II of the uniform

application.

"Uniform Program" means the program established pursuant to the directive of the Hazardous

Materials Transportation Uniform Safety Act of 1990 (49

U.S.C.USC

1 et seq.) and the

Hazardous Materials Transportation Authorization Act of 1994 (49

U.S.C.S.USCS

5101 et

seq.) and implemented pursuant to the Final Report: Uniform Program Pilot Project and the State

Program Administrator’s Manual, Uniform Program, Alliance for Uniform HazMat

Transportation Procedures, incorporated by reference in Section 809.104.

"Uniform registration" means the annual registration issued by a base state under Part I of the

uniform application, if the base state has a registration requirement.

"Vehicle" means any

self-propelled motor vehicle, except a truck tractor without a trailer, designed or

used for the transportation of hazardous waste.

[415 ILCS 5/22.2(l-5)(1)](Section 22.2(l-5)(1) of the

Act)

"Waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air

pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained

gaseous material resulting from industrial, commercial, mining and agricultural operations, and from

community activities, but does not include solid or dissolved material in domestic sewage, or solid or

dissolved materials in irrigation return flows, or coal combustion by-products as defined in Section

3.94 of the Act, or industrial discharges which are point sources subject to permits under Section 402

of the Federal Water Pollution Control Act, as now or hereafter amended, or source, special nuclear, or

byproduct materials as defined by the Atomic Energy Act of 1954, as amended (42 USC 2011 et seq.68

Stat. 921

)

or any solid or dissolved material from any facility subject to The Federal Surface Mining

Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law

or rule or regulation adopted by the State of Illinois pursuant thereto.

[415 ILCS 5/3.53](Section 3.53

of the Act)

(Source: Amended at 24 Ill. Reg. , effective ,)

SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS

Section 809.204

Applications for Nonhazardous Special Waste Hauling Permit-Filing and Final Action by

the Agency

An application for nonhazardous special waste hauling permit is considered filed on the date the

Agency receives a properly completed application on the form prescribed or provided by the

Agency and with correct fees.

If the Agency fails to take final action (which includes granting or denying the nonhazardous

special waste hauling permit as requested, or by granting the nonhazardous special waste hauling

permit with conditions) within 90 days after the date the completed application is filed, the

applicant may deem the nonhazardous special waste hauling permit granted for a period of one

calendar year commencing on the 91st day after the application was filed.

The Agency will send all denials by U.S. Registered or Certified Mail, Return Receipt Requested.

All other final Agency decisions may go by regular U.S. mMail. The Agency will be deemed to

have taken final action on the date that the notice of final action is mailed. Within 35 days afterof

the Agency’s final action, the applicant may appeal the Agency’s decision to the Board in the

manner provided for the review of permits in Section 40 of the Act.

The Agency will require the application to be complete. If incomplete, the application will be

returned, and the transporter will be required to resubmit a complete application. The application

must be consistent with the provisions of the Act and Board regulations. The Agency may

undertake such investigations and request the applicant to furnish such proof as it deems

necessary to verify the information and statements made in the application. If the application is

complete and granting it will not violate the Act or Board regulations, the Agency will grant the

permit.

When an application is denied because it fails to comply with the Act or Board regulations, any

fees submitted with the application will be non-refundable. Any subsequent re-filing of the

application will be considered a new application for which an application fee must be included in

accordance with Section 22.2 of the

Act.

When the Agency rejects an application because it is incomplete, any fees submitted will be non-

refundable. The applicant can receive credit for the payment with a resubmitted application if the

resubmittal is complete and returned to the Agency within 30 days

afterof

the initial date-

stamped rejection.

(Source: Amended at 24 Ill. Reg. , effective)

Section 809.208

Nonhazardous Special Waste Hauling Permit Revocation

Violation of any nonhazardous special waste hauling permit conditions or failure to comply with any provisions of

the Act or with any Board regulation will be grounds for sanctions as provided in the Act, including revocation of

the permit as therein provided in the Act.

(Source: Amended at 24 Ill. Reg. , effective)

Section 809.211

Exemptions for Nonhazardous Special Waste Transporters

The following persons need not obtain a nonhazardous special waste hauling permit nor carry a manifest if they

haul only the waste indicated:

Any person licensed in accordance with the Private Sewage Disposal Licensing Act [225 ILCS 225]

and who hauls only septic tank pumpings.

Any person who hauls only livestock waste intended for land application pursuant to 35 Ill. Adm.

Code 560.

Transporters of municipal water or wastewater treatment plant sludge that is to be applied to land

and that is regulated under a sludge management scheme approved by the Agency pursuant to 35

Ill. Adm. Code 309.208.

Any person licensed in accordance with the Illinois Dead Animal Disposal Act [225 ILCS 610] and

who hauls only grease, meat packing scraps, dead animals and parts of animals for delivery to a

renderer.

Any person operating under rules and regulations adopted pursuant to "An Act in relation tothe

Illinois Oil and, Gas Act, Coal and Other Surface and Underground Resources" [225 ILCS 725] and

who hauls only oil and gas extraction wastes as defined in that Act.

Any person who hauls only radioactive wastes as defined by the Radiation Protection Act [420

ILCS 40].

Any person who hauls only coal combustion fly ash.

Any person who hauls only declassified waste or refuse.

Any person who hauls only special waste exempted by 35 Ill. Adm. Code 808.123 (small quantity

generators of 220 pounds or less per month of special waste).

Any person who hauls potentially infectious medical waste that is regulated under 35 Ill. Adm.

Code Subtitle M.

Any person who hauls used tires regulated under 35 Ill. Adm. Code 848.

(Source: Amended at 24 Ill. Reg. , effective)

SUBPART D: PERMIT AVAILABILITY AND SYMBOLS

Section 809.401

Permit Availability

Upon issuance of a nonhazardous special waste hauling permit or a Uniform Program registration and permit, the

owner and operator of any such vehicle used to transport nonhazardous special or hazardous waste shall maintain

within the vehicle a legible photocopy of the nonhazardous special waste hauling permit or Uniform Program

registration and permit. Upon request, issuance of the nonhazardous special waste hauling permit or Uniform

Program registration and permit shall be disclosed by the owner and operator of the vehicle to any representative of

the State of Illinois (including, but not limited to, the Agency), any generator of the special waste, or any treatment,

storage, or disposal facility that has handled, is handling, or will handle the special waste. Upon request by any such

representative, the transporter shall make available a photocopy of the nonhazardous special waste hauling permit

or Uniform Program registration and permit to the representative. The owner and operator of the vehicle shall also

comply with any otherwise applicable federal regulations.

(Source: Amended at 24 Ill. Reg. , effective)

SUBPART E: MANIFESTS, RECORDS AND REPORTING

Section 809.501

Manifests, Records, Access to Records, Reporting Requirements and Forms

Any person who delivers special waste to a permitted nonhazardous special or hazardous waste

transporter shall complete a uniform hazardous waste manifest to accompany the special waste

from delivery to the destination of the special waste. The manifest form will be provided or

prescribed by the Agency.

The transporter shall include in the manifest the following:

The name of the generator of the special waste and generator number;

Information stating when and where the special waste was generated;

The name of the person from whom delivery is accepted and the name of the site from

which delivered;

The name and permit number of the transporter;

The date of delivery; and

The classification and quantity of the special waste delivered to the transporter.

Manifest copies to be sent to the Agency:

Every person who delivers RCRA hazardous waste or polychlorinated biphenyl (PCB)

wastes to a transporter shall submit a copy of the Illinois manifest to the Agency within

two days after the shipment. Every person who accepts RCRA hazardous waste or PCB

waste from a transporter shall submit a copy of the Illinois manifest to the Agency within

30 days afterof receipt.

A person who delivers RCRA hazardous waste or PCB wastes to a transporter on another

state's manifest, such as where the destination state requires use of its manifest, does not

have to submit manifest copies to the Agency.

A person who delivers non-RCRA hazardous wastes or non-PCB wastes to a transporter

does not have to send a copy of the manifest to the Agency. A person who accepts non-

RCRA hazardous waste or non-PCB wastes from a transporter does not have to send a

copy of the manifest to the Agency.

The manifest will consist of at least four parts, in contrasting 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 transporter,

acknowledging the delivery. The top part of the manifest shall also be signed by the special waste

transporter, acknowledging receipt of the special waste. The person who delivers special waste to

a special waste transporter shall retain the designated parts of the manifest as a record. The

remaining parts of the manifest shall accompany the special waste shipment. At the destination,

the manifest shall be signed by the person who accepts special waste from a special waste

transporter, acknowledging receipt of the special waste.

A permitted site that 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 transporter shall be conducted under a

manifest initiated by the permitted disposal, storage or treatment site.

In all cases, the special waste transporter shall deliver the designated parts of the

completecompleted, signed manifest to the person who accepts delivery of special waste from the

transporter. The special waste transporter shall retain the designated part of the complete, signed

manifest as a record of delivery to a permitted disposal, storage or treatment site. In addition, at

the end of each month, or longer if 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

transporter shall send the designated part of the completed manifest to the person who delivered

the special waste to the special waste transporter.

Every generator who delivers special waste to a special waste transporter, every person who

accepts special waste from a special waste transporter and every special waste transporter shall

retain their respective parts of the special waste manifest as a record of all special waste

transactions. These parts shall be retained for three years and will 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 designated copies of all manifests to the Agency.

Every generator who delivers nonhazardous special waste via a transporter to a facility located

outside Illinois shall file a report, on forms prescribed or provided by the Agency, summarizing all

such activity during the preceding calendar year. Such reports shall, at a minimum, include the

information specified in subsection (i) of this Section and should be received by the Agency no later

than February 1.

Every annual report required to be filed with the Agency by a generator for waste going out of

state pursuant to subsection (h) of this Section shall include the following:

The IEPA identification

number, name and address of the generator;

The period (calendar year) covered by the report;

The IEPA identification number, name and address for each off-site treatment, storage or

disposal facility to which waste was shipped during the period;

The name and IEPA special waste hauling number of each transporter used during the

period for shipments to a treatment, storage or disposal facility;

A description and the total quantity of each nonhazardous special waste shipped out of

state, listed by IEPA identification number of each receiving site;

The method of treatment, storage or disposal for each nonhazardous special waste; and

A certification signed by the generator or the generator's authorized representative.

Every in-State facility that accepts nonhazardous special waste from a nonhazardous special waste

transporter shall file a report, on forms prescribed or provided by the Agency, summarizing all

such activity during the preceding calendar year. Such reports should, at a minimum, include the

information specified in subsection (k) of this Section and be received by the Agency no later than

February 1. This subsection is applicable to all nonhazardous special wastes that are delivered to a

nonhazardous special waste transporter on or after January 1, 1991.

Every annual report required to be filed with the Agency by a person accepting nonhazardous

special waste from a nonhazardous special waste transporter pursuant to subsection (j) of this

Section shall include the following information:

The IEPA identification number, name and address of the facility;

The period (calendar year) covered by the report;

The IEPA identification number, name and address of each nonhazardous special waste

generator from which the facility received a nonhazardous special waste during the

period;

A description and the total quantity of each nonhazardous special waste the facility

received from off-site during the period. This information shall be listed by IEPA

identification number of each generator;

The method of treatment, storage or disposal for each nonhazardous special waste; and

A certification signed by the owner or operator of the facility or the owner’sowner or

operator's authorized representative.

(Source: Amended at 24 Ill. Reg. , effective)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion and

order was adopted on the 7th day of September 2000 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board