TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER b: PERMITS
PART 709
WASTESTREAM AUTHORIZATIONS
SUBPART A: GENERAL PROVISIONS
Section
709.100
Purpose, Scope and Applicability
709.102 Definitions
709.103
Deemed-issued Wastestream Authorizations
709.104
Expiration of Supplemental Permits
709.105 Severability
709.106
Deemed-Issued Wastestream Authorizations Pursuant to 35 Ill. Adm.
Code 709.200
709.110
Land Disposal Unit
SUBPART B: PROHIBITIONS
Section
709.200
Hazardous Waste Authorization (Emergency Expired)
709.201
Liquid Hazardous Waste Authorization
709.202
Exemptions (Emergency Expired)
SUBPART C: APPLICATIONS
Section
709.301
Application for Liquid Hazardous Waste
709.302 Signatures
709.310
General Hazardous Waste Application
SUBPART D: REVIEW OF WASTESTREAMS
Section
709.400
General Standard for Issuance
709.401
Standard for Issuance for Liquid Hazardous Waste
709.402
Negative Finding (Emergency Expired)
709.403
Denial of Wastestream Authorization
709.404
Time Requirements for Agency Action
SUBPART E: CONDITIONS OF WASTESTREAM AUTHORIZATIONS
Section
709.501 Duration
709.510 General Conditions
709.520
Authorized Methods of Disposal
SUBPART F: MODIFICATION, REVOCATION AND APPEAL
Section
709.601 Modification
709.602 Revocation
709.603 Appeal
AUTHORITY
: Implementing Sections 22.6 and 39(h) of the Environmental Protection
Act (Ill. Rev. Stat. 1985, ch. 111 ½, pars. 1022.6 and 1039(h)) and authorized by
Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2 par.
1027).
SOURCE
: Emergency rule adopted in R83-28A at 8 Ill. Reg.12678, effective July 5,
1984, for a maximum of 150 days; adopted in R83-28B at 9 Ill. Reg.730, effective
January 3, 1985; amended in R83-28C at 10 Ill. Reg.4875, effective March 7, 1986;
emergency amendment in R86-9A at 10 Ill. Reg.19804, effective November 5, 1986, for
a maximum of 150 days.
NOTE: Capitalization is used to indicate that language quotes or paraphrases a statute.
SUBPART A: GENERAL PROVISIONS
Section 709.100 Purpose, Scope, and Applicability (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days).
SUBPART A: GENERAL PROVISIONS
Section 709.102 Definitions
The definitions of 35 Ill. Adm. Code 729.301 apply to this Part, in addition to the
following terms:
"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1983, ch.
111 1/2, par. 1001)
"Agency" means the Illinois Environmental Protection Agency
"Board" means the Illinois Pollution Control Board
"Hazardous wastestream" means a "wastestream" which includes a
"hazardous waste"
"Wastestream" means a "solid waste" as defined in 35 Ill. Adm. Code
721, which is routinely or periodically produced by a certain generator as
a result of a certain activity, production process or treatment process. The
Agency may issue multiple wastestream authorizations for a single
wastestream, each identifying a different disposer or disposal method.
The Agency may allow the combination of wastestreams into a single
wastestream if such combination does not limit the possibilities for
treatment, recycling or disposal of the wastes.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.103 Deemed-issued Wastestream Authorizations
a) If prior to July 5, 1984, the Agency issued a supplemental permit pursuant
to 35 Ill. Adm. Code 807.210 for a residual from the treatment of liquid
hazardous waste, and such supplemental permit is valid, such
supplemental permit shall be deemed a wastestream authorization until
such time as the Agency grants or denies a wastestream authorization,
provided:
1) the residual meets one of the standards in 35 Ill. Adm. Code
729.310(b); and,
2) such person submitted an application, pursuant to Section 709.301,
for a wastestream authorization to the Agency by September 7,
1984.
b) A supplemental permit shall cease to be deemed a wastestream
authorization:
1) On September 7, 1984, unless an application for a wastestream
authorization has been received by the Agency; or,
2) When the Agency grants or denies a wastestream authorization.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.104 Expiration of Supplemental Permits
a) Supplemental permits, issued pursuant to 35 Ill. Adm. Code 807.210, for
liquid hazardous waste wastestreams which are restricted under 35 Ill.
Adm. Code 729.310, became void after July 5, 1984.
b) Supplemental permits for wastestreams containing halogenated
compounds which are prohibited pursuant to 35 Ill. Adm. Code 729.240
or 729.241 became void after December 4, 1984.
c) The Agency shall review existing supplemental permits to identify those
which appear to authorize disposal in landfills of wastes which are
restricted or prohibited, including those which the Agency believes
became void on July 5, 1984, or December 4, 1984. The Agency shall
notify persons with supplemental permits it believes authorize disposal of
wastes which are restricted or prohibited. The Agency shall give each
permittee the opportunity to demonstrate, by filing a new application
within 60 days after receipt of notice, compliance with the restriction or
prohibition before modifying or denying a supplemental permit.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.105 Severability
If any provision of this Part is adjudged invalid, or if the application to any person or in
any circumstance is adjudged invalid, such invalidity shall not affect the validity of this
Part as a whole, or of any Subpart, Section, paragraph, sentence or clause which has not
been adjudged invalid.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.106 Deemed-Issued Wastestream Authorizations Pursuant to 35 Ill
.
Adm. Code 709.200 (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
Section 709.110 Land Disposal Unit (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
SUBPART B: PROHIBITIONS
Section 709.200 Hazardous Waste Authorization (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
SUBPART B: PROHIBITIONS
Section 709.201 Liquid Hazardous Waste Authorization
a) Liquids: NO PERSON SHALL CAUSE, THREATEN OR ALLOW THE
DISPOSAL IN ANY LANDFILL OF ANY LIQUID HAZARDOUS
WASTE UNLESS THE AGENCY HAS ISSUED A WASTESTREAM
AUTHORIZATION FOR THAT WASTESTREAM. (Section 22.6(a) of
the Act)
b) Residuals: No person shall engage in the treatment of a liquid hazardous
waste and cause, threaten or allow the disposal in any landfill of any
residual from such treatment unless the Agency has issued a wastestream
authorization for that wastestream.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.202 Exemptions (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
SUBPART C: APPLICATIONS
Section 709.301 Application for Liquid Hazardous Waste
The Agency shall promulgate standardized application forms for liquid hazardous waste
authorizations. Applications for liquid hazardous waste authorizations must be made on
such forms after they become available. Until such time, applicants must provide the
following minimal information:
a) The name, address and phone number of the original generator;
b) The original generator's United States Environmental Protection Agency
(USEPA) identification number (35 Ill. Adm. Code 722.122) and Agency
identification number;
c) The name of the waste;
d) The source of the waste;
e) USEPA hazardous waste code(s) (35 Ill. Adm. Code 721);
f) The name(s) and address(es) of any treater(s) of the waste;
g) Each treater's USEPA identification number and Agency site number, if
applicable;
h) Whether any treater has a RCRA permit or interim status;
i) A detailed chemical and physical analysis of a representative sample of
the waste. At a minimum, this analysis must contain all of the information
which must be known to treat, store or dispose of the waste in accordance
with the wastestream authorization sought.
j) The quantity or rate at which the waste is generated.
k) A plan for sampling the waste by the original generator or treater
(including frequency) to assure that the wastestream continues to conform
to the analysis in the application;
l) A description of any treatment processes;
m) Sufficient facts to show that the wastestream meets one of the standards
for issuance of a wastestream authorization (Section 709.401);
n) Identification of the disposal site or sites to which the applicant proposes
to send the waste;
o) 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.
p) Such additional information as the generator believes is necessary to show
that the wastestream may be disposed in accordance with the Act and
Board regulations.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.302 Signatures
Applications shall be signed by the original generator or treater of the waste. Otherwise,
the original generator or treater of the waste may authorize a permitted disposer or
transporter to act on its behalf.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.310 General Hazardous Waste Application (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
SUBPART D: REVIEW OF WASTESTREAMS
Section 709.400 General Standard for Issuance (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
Section 709.401 Standard for Issuance for Liquid Hazardous Waste
a) Liquids: THE AGENCY SHALL ISSUE A WASTESTREAM
AUTHORIZATION FOR THE LAND DISPOSAL OF A LIQUID
HAZARDOUS WASTE ONLY AFTER THE GENERATOR HAS
REASONABLY DEMONSTRATED THAT THE WASTESTREAM
MEETS THE STANDARD OF 35 ILL. ADM. CODE 729.310(A), AND
THAT LAND DISPOSAL IS NOT PROHIBITED OR LIMITED BY
BOARD REGULATIONS. (Section 22.6(c) of the Act)
b) Residuals: The Agency shall issue a wastestream authorization for the
land disposal of the residual from the treatment of a liquid hazardous
waste if and only if the original generator or treater demonstrates that the
residual meets one of the standards of 35 Ill. Adm. Code 729.310(b), and
that land disposal is not prohibited or limited by Board regulations.
c) Negative Finding: For wastes which are neither a liquid hazardous waste
nor a residual from the treatment of a liquid hazardous waste, the Agency
may issue a wastestream authorization upon a finding that the wastestream
is not subject to any other landfilling prohibition.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.402 Negative Finding (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
Section 709.403 Denial of Wastestream Authorization (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.19804, effective November 5, 1986, for a
maximum of 150 days.)
Section 709.404 Time Requirements for Agency Action (Emergency Expired)
(Source: Emergency rule added at 10 Ill. Reg.15804, effective November 5, 1986, for a
maximum of 150 days.)
SUBPART E: CONDITIONS OF WASTESTREAM AUTHORIZATIONS
Section 709.501 Duration
A wastestream authorization shall be valid for a period of not less than one nor more than
three years.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.510 General Conditions
IN GRANTING A WASTESTREAM AUTHORIZATION THE AGENCY MAY
IMPOSE SUCH CONDITIONS AS MAY BE NECESSARY TO ACCOMPLISH THE
PURPOSES OF THE ACT AND WHICH ARE CONSISTENT WITH BOARD
REGULATIONS, including requirements for the periodic testing of the wastestream to
verify that it continues to meet one of the standards of 35 Ill. Adm. Code 729.310.
(Section 22.6(c) of the Act)
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.520 Authorized Methods of Disposal
a) The Agency shall include conditions prohibiting methods of treatment or
disposal which would result in violation of the Act or Board rules.
b) The Agency shall include conditions authorizing disposal in accordance
with the Act and Board regulations. Such conditions shall identify
landfills authorized to receive the waste. Such identification shall be
either by name of specific landfills, or by classification.
c) The Agency shall require the addition of absorbent materials to liquid
hazardous waste authorized pursuant to Section 709.401(a) in accordance
with 35 Ill. Adm. Code 724.414 or 725.414.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
SUBPART F: MODIFICATION, REVOCATION AND APPEAL
Section 709.601 Modification
a) A wastestream authorization may be modified pursuant to the application
described in Section 709.301.
b) After giving 60 days notice to the original generator and any treater, the
Agency shall modify any wastestream authorization to make it consistent
with newly adopted provisions of the Act or Board regulations.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.602 Revocation
Wastestream authorizations may be revoked by the Board pursuant to an enforcement
action under Title VIII of the Act.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)
Section 709.603 Appeal
Denial of a wastestream authorization, or issuance with conditions, may be appealed by
the applicant to the Board pursuant to Title X of the Act and 35 Ill. Adm. Code 105.
(Source: Amended at 10 Ill. Reg.4875, effective March 7, 1986)