ILLINOIS POLLUTION CONTROL BOARD

January

21, 1981

IN

ThE

MATTER

OF:

R81—31

CHAPTER

9 RCR~REVISIONS

)

DRAFT

FOR

PUBLIC COM~NT:

On January

21, 1982 the Board ordered that

the attached

proposed rules be made available

to

the public

for comment,

alternative proposals

and

a proponent.~

45—17 7

---

PART

700:

OUTLINE OF WASTE DISPOSAL

REGtJLAT

IONS

SUBPART A:

GENERAL

Section 700e103

Organization

Subtitle G is only partly codified.

The following table is

the intended assignment of Part numbers:

Prior to

40

CFR

Name or

Part

Codification

.Part

Abbreviated Name

Chapter I:

Pollution Control Board

Subchapter

a:

General Provisions

700

Outline

701

Reserved

Subchapter b:

Permits

702

122

Reserved for RCRA

703

123

Permit Program

704

124

705

————

125

706

Ch~ 9,

Par~-~

Special

Waste

ee~4e~

e-97-Pa~-~

~

707-709

Reserved

710

Ch.

7,

Part

I

Solid

Waste

Introduction

711

Ch.

7,

Part

II

Solid

Waste

Permits

(Owners

&

Operators)

712-719

Reserved

Subchapter

c:

Hazardous

Waste

Operating

Requirements

720

260

P.CRA

Operating

Requirements--General

721

261

Identification

&

Listing

722

262

Generators

723

263

Transporters

724

264

Reserved

725

265

Ir~terim Standards

for

Owners

& Operators

726—729

Reserved

Subchapter d:

~

Reserved

45—178

---

2

Prior

to

40

CFR

Part

Codification

Part

(continued from previous page)

‘‘~

~

~

e~-Spee~a~-We~e

eh~—97-P~~-~v

Vee~e-N~irthere

eh~—97-Pa~--v

~

~

~34

eh7—9~-?~—v~

Gp~~-Ep~ede~

eh7-97—P~—v~~

eh7-97-P~~-~

He~-W~9~es

730-736

Reserved

Subchapter e:

General Waste Operating Requirements

737

Ch.

7, Part III

---

Solid Waste Operating

Requirements

738

Reserved

for

Operator

Criteria

739-749

Reserved

Chapter II:

Illinois Environmental Protection Agency

Reserved for IEPA Use

Adopted

5

Ill..

Reg

Part

706

Section 700.

Gpt~e~-~9

Permits

Special

waste

hauling

permits

required

pursuant

to

P~-~-e~

eh~p~er—9--Part 706.

Source Note:

Adopted

5 Ill.

Reg.

Name

or

Abbreviated Name

750 —799

Source

Note:

5

Ill,

Reg.

9781,

October

2,

1981;

effective

as

noted

in

§700.106;

amended

5

Iii.

Reg.

unless otherwise indicated.

SUBPART

B:

DEFINITIONS

Part 706

Section 700.

~rte~~

Operating

Requirements

~

~

Subparts D and E

of Part

706..

Source

Note:

45—179

---

3

Section

700..

Conflict

As used in Part 700,

~conf1ict

means

an unresolved inconsistency,

between Chapter 7 or

e~ae~-~

Part 706 and Parts

720 through

725, which appears to require

the

oerformance

of

mutuai:Ly

exclusive

acts by persons affected by the rules.

Inconsistent

definitions

are

not. themselves conflicts,

although they may

give rise to conflicting

substantive

regulations.

In Part 700

the Board has

resolved

all

known inconsistencies, hut has

provided general rules for the resolution of confl:Lcts which

may arise in application.

Source Note:

adopted

5 Ill.

Reg.

SUBPART

C:

GENERATORS

Section 700.301

Permits

a)

Neither

et~te~-~

Part 706 nor the RCRA

rules

imposes

a

permit

requirement

on

generators

as

such.

b)

Generators

must

obtain

an

EPA

identification

number from

USEPA

pursuant

to

Part

722.

~

~

~

~

~

45—180

---

4

~

Section 700.302

Operating Requirements

a)

Part 706 contains a permit requirement for haulers of

special waste, which includes hazardous waste, industrial

process waste and pollution control waste, while Part 706

requires quarterly reporting of non—hazardous special waste.

b)

The generator may complete a manifest for non-hazardous

waste.

The waste thereby becomes

a hazardous waste

subject to the RCRA rules

and

is

no longer subject to

the

quarterly

reports

of

Part

706.

Source

Note:

5

Ill.

Reg.

9781,

October

2,

1981;

effective

as noted in §700.106; amended 5

Ill. Reg.

unless otherwise indicated.

Section

700.303

Manifests

a*

Manifest requirements

of Subpart B of Part 722 provide

that the generator must forward a copy of manifests to the

Agency in addition to the actions which would be required

under 40 CFR Part 262.

~

~--

-6 e~t~rs-

stthjeet-t~-?apte~-

~

~

7-S~pa~-B7

eomp±e-sha~±-be—dmed-comp±±~,~e-w±th-eh~pter-9

-——No—per

~

a-fes~—~

f—a

45—181

---

5

~

Source

Note:

5 Ill.

Reg,

9781,

October

2,

1981;

effective

as

noted

in

§700.106;

amended

5

Ill.

Reg.

unless

otherwise

indicated.

Section

700,304

Small

Quantity

Exemptions

~

-exemp~en

~3--

~

~

~

thn-±88-kgo~-of-?hter-9-~pee~ei—we~e7

-~e~id±ng

~

~

ieee- than-i 0-kg

~

ka~ae~e—wae-wh&eh—~s

~

~

e*a)

The

generator

must

make

the

first

determination

as

to

whether

a

waste

is

subject

to

ekap~e~-9Part

706

or

RCRA

rules

and

whether it

is

exempt.

(R~e-S0~-ef-ekap~ef-9

§706. 310 and §722,111)

f

3---

-~e~

45—182

---

6

-

--~~nt±t

—êA—~&~~—We~&.e

?er—Mt—Rer—Ae~e-S~ee4a~-Wa~e

3

800-1t~

-er—mere

—A~p~eab~e

-A~p~iea~e------App~

~ee~e

-~e~p~

-p~eee---—~~ee~e

-

~

Source

Note:

5

Ill.

Reg.

9781,

October

2,

1981;

effective

as

noted

in

§700,106;

amended

5

Ill.

Reg.

unless

otherwise

indicated.

~Ther~

-are—other—sin~±

±-qnt±ty—~eR—re~—wh±eh—~re—no~

b)

Part

721

contains

an

exclusion

for

non—acute

hazardous

waste

generated

in

quantities

of

less

than

100

kg/mo.

This

differs

from

the

1000

kg/mo.

exemption

of

40

CFR

Part

261.

SUBPART

D:

TRANSPORTERS

Section

700.401

Permits

a)

The

RCRA

rules do not require permits of transporters.

Transporters

subject

to

Part

723

must

obtain

identification

numbers

from

USEPA

(~723.112),

Transporters

of

special

waste

subject

to

e~ap~er-9

Part

706

must

obtain

Agency

identification

numbers

from

the

Illinois

Environmental

Protection

Agency.

b)

R~e-0~-e~—ehapter-9 Part

706

requires

permits

of

trans-

porters

of

special

waste.

~

~

This includes all hazardous waste

transporters.

-

-

~

fem—Rt~e—~

45—183

---

7

ey—are—a~eet-

~

~

aftspoe~—pe~~

Source Note:

5 Ill, Reg.

9781, October 2, 1981;

effective as noted

in §700.106;

amended

5

Ill. Reg,

unless otherwise indicated.

Section 700.402

Operating Requirements

a)

Any

transporter subject to the operating requirements of

RCRA

but not

el~~ap~er-9~

Part 706 must comply only with the

RCRA

operating

requirements

(Part

723),

b)

Transporters

subject

to

e~.ap~e~-9

Part

706

operating require-

ments but not RCRA rules

must

comply only with ehap~e~—9-

Part 706 operating requirements.

For example,

a transporter

hauling only ?ka~tef-9special waste which is not hazardous

~

need comply only with ?ka~ef-9

Part 706 operating requirements.

c)

Transporters subject both to

RCRA

rules and ekapter-9

Part 706 operating requirements shall comply with both sets

of rules.

In the event of

a conflict, RCRA rules shall

prevail..

d)

Transporters

which

have

a

ehapter-9

Part

706

permit

shall

placard

and

display

their

Qhapter-9

Part

706

number

in

accordance

with

ehap~ef-9

Part

706

regardless

of

whether

a

load

is

subject

to

ehapter-9

Part

706

or

RCRA

rules.

e

~

Source Note:

5 Ill.

Reg.

9781, October

2,

1981;

effective

as noted in §700,106; amended

5 Ill. Reg.

unless otherwise indicated.

45—184

---

8

Seet~e~-~0

~

~

-ee~p~ed

~

e~—~

~

ehapter-97

Section 700.404

Small Quantity Exemptions

a)

Small quantity exemptions are directly applicable only to

generators

in

~

Part

706

and

the

RCRA

rules.

b)

Transporters must obtain ekap~er-9Part 706 permits and

Agency identification numbers even if they only transport

loads which do not require manifests because of small

quantity

exemptions.

However,

this

does

not

apply

to

an

exempt

generator

who

transports

his

own

waste.

USEPA

identification

numbers

are

not

required

of

transporters

who

haul

only

exempt

waste.

Comment:

Transporters should obtain a certification from the

generator that a load

is subject to exemption under ?1tap~er—9

Part 706 and RCRA rules prior to accepting unmanifested waste

(~725.176)

Source note:

5 Ill, Reg.

9781, October

2,

1981;

effective

as

noted

in

§700.106;

amended

5

Ill.

Reg.

unless otherwise indicated.

45—185

---

9

SUBPART E:

OWNERS AND OPERATORS

OF

HWM

SITES

Section 700.501

Permits

a)

RCRA

rules do not at

this

time

impose

permit

requirements

on owners or operators

of

hazardous

waste

management sites

which have interim status.

Permits are deemed issued

under §700,105

(~725.l0land §21(f) (1)

of the Environmen-

tal Protection Act as amended by P.A.

82-380).

b)

HWM owners

and

operators must obtain permits pursuant to

Rules 201 and 202

of Chapter

7 if they are subject to

those rules.

Examples of facilities subject to the RCRA

rules but not Chapter

7 include sites conducting open

burning of explosive waste or land application of sludge.

c)

Deleted.

d)

Owners

and

operators subject to the RCRA rules must obtain

a USEPA identification number from USEPA

(Section 725.111).

Source

Note:

5

Ill.

Reg.

9781,

October

2,

1981;

effective as noted in §700.106; amended 5 Ill. Reg.

unless otherwise

indicated.

Section

700.502

Operating

Requirements

a)

Owners and operators who are subject to

RCRA

operating

requirements

(Part 725) but not Part III of Chapter

7 shall

comply with Part 725.

For example, sites conducting

open

burning of explosive waste are not subject to Chapter

7

operating requirements.

b)

Owners and operators who are subject to the operating

requirements of Chapter

7, Part III, but not Part

725,

45—186

---

10

shall comply only with Chapter

7,

Part III.

For example,

landfills

need

comply

only

with

Chapter

7

if

they

accept

only

garbage

and

special

waste

~

which is not

hazardous

~

c)

Owners and operators subject both to the operating require-

ments

of Part

725 and Part III of Chapter

7 must comply

with both.

However, in the event of conflict, Part 725

controls..

d)

Subpart A contains

rules

on

application

of other Board

chapters..

e3-

---As ~

ede-re9—retg—~e—man~e9~7

Source Note:

5

Ill.

Reg.

9781, October 2,

1981;

effective

as

noted

in

§700.106;

amended

5 Ill.

Reg.

unless otherwise

indicated,

Section

700.503

Manifests

a3-

The

HWM

owner

or

operator

must

forward

a

copy

of

manifests

to

the

Agency

in

addition

to

the

actions

which

would

be

required

under

40

CFR

Part

265

(Section

725.171).

~

~

~

~a~-

eomp~-w

~-~e-ma

fes~-~ega~emeft

~s-ef-Pa~-~

27

S~—E~

~

ef-R~e—G2—ef-ap~e~-0-~-

4 5—187

---

11

Ge~me~

÷—

—~—~&

—~eQ~Q~

~

a~Q~—?9i~p~y

~

~

-whe~1ter’

~

~

~

~

~

Section

700.504

Small

Quantity

Exemptions

Small

quantity

exemptions

are

not

generally

directly

applicable

to

owners

and

operators.

Chapter

7 prohibits landfilling

of

hazardous

waste

in

any quantity without a proper permit

(Rule

310)

Comment:

The

owner

or operator should complete an unmanifested

waste report for waste which is received without a manifest

regardless of whether exemption is claimed under

eI’~ap~er—9

Part 706 or the

RCRA

rules.

The owner or operator should

request a certification pursuant to §725.176 for waste which

is claimed to be exempt under

eh~pter-9

Part

706.

Source Note:

5

Ill. Reg.

9781, October 2, 1981;

effective

as

noted

in

§700.106;

amended

5

Ill.

Reg.

unless otherwise

indicated.

(Move

entire

subpart

to

Subpart

A

of

Part

736)

45—188

---

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

b:

PERMITS

PART

706:

SPECIAL

WASTE

HAULING

REGULATIONS

SUBPART

A:

INTRODUCTION

SUBPART

B:

DEFINITIONS

Definitions

SUBPART

C:

SPECIAL~WASTE HAULING

PERMITS

Special

Waste

Hauling

Permits

-

General

App1icatior~$

for

Special

Waste

Hauling

Permit

-

Contents

Applications

for

Special Waste Hauling

Permit

-

Signatures

and

Authorization

Applications

for

Special

Waste

Hauling

Permit

—

Filing

and

Final Action by the

Agency

Special

Waste

Hauling

Permit

Conditions

Special

Waste

Hauling

Permit

Revision

Transfer

of

Special

Waste

Hauling

Permits

Special

Waste

Hauling

Permit

Revocation

Permit

No

Defense

General Exemption from

Special Hauling

Permit Requirements

Exemptions for

Special

Waste

Haulers

Duration

of

Special

Waste

Hauler

Permits

and

Tank

Numbers

Supplemental

Chapter

7

Permits

SUBPART

U

VEHICLE

NUMBERS

AND

SPECIAL

WASTE

SYMBOLS

Section

706,401

Vehicle

Numbers

Section

705.402

Special Waste

Symbols

Section 706. 100

Scope

Section 7Q6~101

Authority,

Policy

and

Purposes

Section

706.102

Severability

Section 706.103

Spill Episodes

Section

706.104

Effective Dates

Section

706.200

Section

706. 331

Section

706.332

Section

706.303

Section.

~7rL~.

Section

Section

Section

Section

Section

Section

706.305

706. 306

706.307

706.308

706.309

706.310

Section

706. 311

Section

706. 312

45—189

---

SUBPART

E:

QUARTERLY

REPORTS

Section

706.501

Scope

Section 706.502

Purpose

Section

706.510

Unmanifested

Special

Waste

Section

706.520

Quarterly

Reports

Section

706.521

Contents

of

Quarterly

Report

45—190

---

PART

706:

SPECIAL WASTE HAULING REGULATIONS

SUBPART A:

INTRODUCTION

Section

706.100

Scope

a)

This

Part

establishes

a

permit

program

for

persons

hauling

special

waste,

which

includes

industrial

process

waste

and

pollution control waste

as well as hazardous waste.

b)

Subpart

B

contains

definitions.

c)

Subpart

C

contains

rules

relating

to

permits,

exemptions,

applications

and

conditions.

d)

Subpart

D

contains

rules

on

display

of

vehicle

numbers

and

symbols.

e)

Subpart

E

requires

quarterly

reporting

of

unmanifested

special

waste.

~

R~G-~.NB-RBG~bAT~eNs

~

Section

706.101

Authority,

Policy

and

Purposes

CR.

101)

Pursuant

to

the

authority

contained

in

Sections

5,

10,

13

and

22 of the Environmental Protection Act,

and

consistent

with

the

policy and purposes expressed in Section 20 thereof,

the

Board

adopts

the

?e

ew4~ Rti3~esan~

Ra~en~

Part

706.

These

rules

prescribe

the

procedures for issuance of permits

to

special

waste

haulers;

for

the

inspection

and

numbering

of

vehicles;

and

for

proper

hauling of special wastes to approved

disposal,

storage

and

treatment

sites.

It

is

the

purpose

of

these regulations to control only wastes as defined herein.

45—191

---

—2—

Section

706.102

Severability

(R.

102)

If any provision of

eBe—f

es—ef—fe

~ei’ts

Part

706

is

adjudged

invalid,

or

if

the

application

thereof

to

any

person

or

in

any

circumstance

is

adjudged

invalid,

such

invalidity

shall

not

affect

the

validity

of

this

e~ap~ef

Part

as

a

whole,

or

of

any

other

part,

sub-part,

sentence

or

clause

thereof

not

adjudged

invalid.,

Section

706.103

Spill

Episodes

(R.

701)

In

order

to

facilitate

the

clean—up,

transportation

or

safe

treatment,

storage

or

disposal

of

any

waste

generated

by

an

accidental

release

of

any

material

or

special

waste

within

Illinois

which

constitutes

a

present

or

potential

threat

to

health

or

to

the

environment,

the

Agency

may

give

written

excep-

tion

from

the

procedural

requirements

of

Part

706

and

Chapter

7

in

accordance

with

guidelines

adopted

by

the

Agency

which

are

consistent

with

Section

3003

of

the

Resource

Conservation

and

Recovery

Act

of

1976

(P.L.

94-580)

and

the

Act

and

Board

regula-

tions.

The

existence

of

a

written

exception

from

the

Agency

under this Section shall

not

constitute a defense

to

a

violation

of the Act

or

of

this Part except for those requirements specifi-

cally stated

in

the written exception.

Section 706.104

Effectives Dates

(reserved)

(R.

801)

SUBPART

B:

DEFINITIONS

Section

706.200

Definitions

(R.

103)

~ACT” means the Illinois Environmental Protection Act.

45—192

---

—3—

“AGENCY” means the Illinois Environmental Protection Agency.

“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..

(See “Waste,” “Special Waste”).

“GARBAGE”

is waste resulting from the handling, processing,

storage and sale of produce

(see “Waste”).

“HAZARDOUS WASTE” means

a

~

~

7—eI’~entte~7

~

~

~eve~s~b~te7

—ef-~e~paea

—t’evefB~3~e7

-~e~~--e~--pese--e

~

~

~

~

by-~

~

-4?-~hS~eT

~

~

material

which

is

subject

to

regulation

pursuant

to

Part 721, in

particu-

lar

pursuant

to

§721.103,

together

with

such

other

exclusions

or

exemptions

as

may

be

contained

in

Part 721.

45—193

---

-.4—

“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,

~espa~-pathe~eg~ea3

wastes hazardous hospital waste

as defined in Part 736

and

off-specification, contaminated or recalled wholesale or retail

products.

Specifically excluded are uncontaminated packaging

materials, uncontaminated machinery components, general house-

hold waste, landscape waste and construction or demolition debris.

“Industrial

Process

Waste”

does

not

include

any

waste

which

is

hazardous.

“MANIFEST” mea-the-fm-proded-or-eser4~bed-by-the-Ager~ey

~

efage7-as—fee~—by-th—?ha~ef—ef-by-e—Resefee—?eI~sefv~-

~

7-ef

fe~aene-thefe~~ndef

is

as defined in Part

720.

45— 194

---

--5—

“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

which

has

either

or

both

of

the

following

permits,

as

may

be

required:

a)

a

current,

valid

operating

permit

issued

by

the

Agency

under

Part

II

of

Chapter

7,

specifically

permitting

the

site

to

accept

a

special

waste tendered for disposal;

and/or,

b)

a RCRA permit issued

by

the

Agency

or

deemed

issued

by

Board

regulation.

“PERMITTED STORAGE SITE”

means

any

site

used

for

the

interim

containment of special waste

prior

to

disposal

or

treatment

which has either

or

both

of

the

following

permits,

as

may

be

required:

a)

a current, valid

operating

permit

issued

by

the

Agency under Part

II

of

Chapter

7

and

a supplemental permit

issued

by

the

Agency

under

Part

II

of

Chapter

7,

specifically

permitting the site to accept a special waste tendered for

storage;

and/or

b)

a

RCRA

permit

issued

by

the

Agency

or

deemed

issued

by

rule.

“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

which

has

either

or

both

of

the

following

permits,

as

may

be

required:

a)

a current,

valid operating permit issued by the Agency under

Part II of Chapter

7 and a supplemental

permit

issued

by

the

Agency under Part II of Chapter

7,

specifically permitting the

site to accept a special waste tendered for treatment; and/or

45—195

---

—6—

b)

a

RCRA

permit

issued

by

the

Agency

or

deemed

issued

by

rule.

“PERSON” means

any

individual,

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.

“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

plar~t

sl~idges, be~g-

house dusts, scrubber sludges

and

chemical spill cleanings.

“Pollution Control Waste”

does not include any waste which is

hazardous.

“RCRA

PERMIT”

See

Act §3(gq)

and 2.1(f)

“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 Ill.

Rev. Stat.,

1977,

Ch.

lii 1/2,

par. 211-229

and

230,1-230-14

as now or hereafter amended

(see “Waste”)

“SEPTIC TANK PUMPINGS”

means

the liquid portions and sludge

residues

removed

from

septic

tanks.

45—196

---

—7—

“SITE”

means

any

location, place or tract of land and

facilities

used for collection, storage, disposal or treatment of special

waste.

“SOLID WASTE”

(see

“Waste”),

“SPECIAL

WASTE”

means

any

hazardous waste,” “industrial proces~

waste” or “pollution control waste.”

“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.

“TREATNENT” 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

dous, 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,

“Treatment”

also

includes

reclamation,

re—use

and

recycling

of

special

waste.

“TRUCK”

means

any

unitary

vehicle

used

to

transport

special

waste.

“TRUCK

TRACTOR”

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.

45—197

---

—8—

“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

indus-

trial, 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 Act,

33 U.S.C,1

par. 1251 et

~

or source,

special nuclear, or byproduct

material as defined by the Atomic Energy Act of 1954,

42 U.S.C.,

par. 2011 et

~

or radioactive materials discarded in accor-

dance with the provisions of “Illinois Revised Statutes,

1977,

Chapter ill 1/2,

par. 230,1 et

~

approved August 16,

1963,

as now or hereafter amended, and as authorized by regulations

promulgated pursuant to the “Radiation Protection Act,”

Ill.

Rev.

Stat.,

1977, Ch.

Ill 1/2,

par..

211 et

as now or hereafter

amended,

“Waste”

as here defined is intended to be consistent

with the definition of “solid waste” set forth in Section 721,

and in Section 1004(27)

of Resource Conservation and Recovery

Act of 1976,

42 U.S.C., par. 6901 et

~

45—198

---

—9—

SUBPART

C:

SPECIAL

WASTE

HAULING

PERMITS

Section 706.301

Special Waste Hauling Permits

—

General

(R

201)

No person shall haul or otherwise transport

any

special waste

generated within Illinois or any special waste to be disposed of,

stored or treated within Illinois without

a current, valid waste

hauling permit

issued

by the Agency in accordance with the

requirements of this Part unless the hauler is exempt from the

special waste hauling permit requirements under this Part.

Section 706.302

Applications for Special Waste Hauling Permit

—

Contents

CR..

202)

Applications for special waste hauling permits shall be made on

application forms prescribed by the Agency which as a minimum

shall require the following information:

a)

Name,

address,

telephone

number and

location of the vehicle

owner and operator applying for the

permit..

b)

A description of the service to be provided, including the

number and types of vehicles and tanks to be used.

c)

An agreement by the vehicle owner and that operator identi-

fied in Rule 202(a)

that:

1)

Special

waste

loading,

hauling

and

unloading will

be conducted in compliance with all applicable

state and federal laws and regulations.

2)

All vehicles and tanks used in special waste hauling

will be clean

and

in good repair at all times when

so employed.

45—199

---

—10—

3)

All vehicles, tanks and associated piping,

valving,

etc. will be constructed and maintained to prevent

leakage or spillage,

and shall be cleanable

4)

No

waste

shall

be mixed with other wastes in one

tank or on one vehicle if such mixture results in

a

hazardous

combination

likely

to

cause

explosion,

fire

or

release

of

a

dangerous

or

toxic

gas

or

in

violation of any applicable state or federal law and

regulation.

5)

The special waste hauling equipment and procedures

to be used shall be proper for the permitted service,

be safe for the haulers, handlers, and others,

and

meet the requirements of all other applicable state

and

federal

laws

and

regulations.

d)

The application may require additional information deemed

necessary by the Agency consistent with the requirements

of the Act and Board regulations and filed with the Index

Division of the Office of the Secretary

of

State

pursuant

to “Illinois Administrative Procedure Act,”

Ill.

Rev.

Stat.,

1977,

Ch.

127, par,

1001 et

Section 706.303

Applications for Special Waste Hauling Permit

—

Signatures

and

Authorization

(R.

203)

All special waste hauling permit applications shall be signed

~y the owner and operator of the vehicle;

or,

in the name of

the owner

and

operator, by the owner’s

and

operator’s duly

authorized agent when accompanied by evidence of authority to

sign the application.

45—200

---

—11—

Section 706.304

Applications for Special Waste Hauling Permit

-

Filing and Final Action by the Agency

(R.

204)

a)

An application for special waste hauling permit shall be

deemed to be filed on the date of initial receipt by the

Agency of a properly completed application on the form

prescribed..

b)

If

the

Agency

fails to take final action

(which includes

granting or denying

the

special waste hauling permit as

requested,

or

by

granting

the

special

waste

hauling

permit

with

conditions)

within

90

days

from

the

filing

of

the

completed

application,

the

applicant

may

deem

the

special

waste

hauling

permit

granted

for

a

period of one calendar

year commencing on

the

91st

day

after

the

application

was

files.

c)

The Agency shall send all notices of final action by U.S.

Registered or Certified

Mail,

Return Receipt Requested..

The Agency shall

be deemed to have taken

final action on

on the date

that

the

notice of

final

action

is

mailed..

d)

The Agency

shall

require

the

application to be complete

and consistent

with

the provisions

of the Act and Board

regulations

and

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 the

granting thereof will not cause a violation of the Act

or Board regulations, the Agency shall grant the permit..

45—201

---

—12--

Section

706.305

Special

Waste

Hauling

permit

Conditions

CR.

205)

a)

In granting special waste hauling permits hereunder,

the

Agency may impose such conditions

as may be necessary to

accomplish the

purposes

of

the

Act

and

the

Board

regulations.

b)

The applicant may deem any conditions imposed by the Agency

as

a denial of the special waste hauling permit for purposes

of review pursuant to Section 40 of the Act,

Section 706.306

Special Waste Hauling Permit

Revision

(R.

206)

~

temaea~y

~

feg~o~~

The Agency shall revise

any

special

waste

hauling

permit

issued

by

the

Agency

under

this

Part

to

make

the

permit

compatible with any such relevant changes in the Act or Board

regulations and so notify the permittee.

Failure of the Agency

to issue a revised permit shall not excuse the permittee from

compliance with any such change.

Section 706.307

Transfer of Special Waste Hauling Permits

(R.

207)

No special waste hauling permit is transferable from one person

to another.

A special waste hauling permit is personal to the

persons named in the special waste hauling permit.

Section 706.308

Special Waste Hauling Permit Revocation

(R.

208)

Violations

of any special waste hauling permit conditions or

failure to comply with any provisions

of the Act or with any

Board regulation shall be grounds for sanctions as provided in

the Act, including revocation of the permit as therein provided.

45—202

---

—13—

Section

706.309

Permit

No

Defense

(R.

The

existence

of

a

special

waste

hauling

permit

under

these

rules shall not provide the permittee with a defense to a

violation of the Act or Board regulations,

except for hauling

special waste without a special waste hauling permit.

Section

706.310

General

Exemption

from

Special

Hauling

Permit

Requirements

CR.

210)

Any

person

who

generates

a

total

quantity

of

special

waste

~

100 kilograms

(220 pounds)

or less

in any calendar month for disposal, storage or treatment within

Illinois

is

exempt

from

the

permit requirements of this Part

and-from-the-ma

fest—p

~

-thap~er-~

This exemption shall not constitute a defense to a violation of

any provision of the Act or any applicable disposal, storage

or

treatment

requirement

of

Chapter

7

or

this

Subtitle.

Section 706.311

Exemptions for Special Waste Haulers

(R.

211)

a)

Any

person licensed in accordance with the Private Sewage

Disposal

Licensing

Act,

Ill.

Rev.

Stat.,

1977,

Ch.

111

1/2,

par.

116.301

et

~

and

who

hauls

only

septic

tank

pump-

ings, need not obtain a special waste hauling permit er

~

b)

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 er—ea~y—an~

~

4 5—203

---

—14—

c)

Generators

and

haulers of municipal water or wastewater

treatment plant sludge which is to be applied to land

arid

which is to be regulated under Chapter

3 pursuant to a

sludge

management

scheme

approved

by

the

Agency

need

not

obtain

a

special

waste

hauling

permit

e~—prepa~e7—earry

~

for

that

sludge.

d)

Any

person

licensed

in

accordance

with

“An

Act

in

relation

to

the

Disposal

of

Dead

Animals,”

Ill.

Rev.

Stat.,

1977,

Ch.

8,

par.

149,1

et

~.,

and who

hauls

only

grease,

meat

packing

scraps,

dead

animals

and

parts of animals for

delivery

to

a

renderer,

need

not

obtain

a

special

waste

hauling permit ~

e~a~ef.

e)

Any

person

operating

under

rules and regulations adopted

pursuant to “An Act in relation to Oil, Gas, Coal and

Other

Surface

and Underground Resources,”

Ill. Rev.

Stat,,

1977,

Ch..

96

1/2, par. 5401 et

~

and who hauls only

oil

and

gas

extraction

wastes

as

defined

therein

need

not

obtain

a

special

waste

hauling

permit

er—eay—artd-eem~e~e

~

f)

Any

person

who

hauls

only

radioactive

wastes

as

defined

by

the

Radiation

Protection

Act,

Ill.

Rev.

Stat.,

1977,

Ch.

111 1/2,

par. 211 et

~

need not obtain a special

waste

hauling

permit

~

s-e1ta~er.

45—204

---

—15—

g)

Any

person holding a permit or certificate issued by 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 regu-

lations need not obtain a special waste hauling permit

~

h)

Any

person

who

hauls

only

coal

combustion

fly

ash

need

not

obtain a special waste hauling permit ~

a-ma

fe~-u~def-th~-ehaptef.

Section 706.312

Duration of Special Waste Hauler Permits and

Tank

Numbers

(R.

601)

a)

All permits and tank numbers issued hereunder shall be

issued for a period not to exceed one year and are renewable.

b)

Applications for renewal of a special waste hauler permit

shall

be

made

90

days

prior

to

the

expiration

date

of

the

permit

on

the

~pplication

forms

prescribed

in

Section

706.302.

PART-

~--BEL

sPBe~A~-wAsTE—HAuLB

RS-

3

&~—-Re

~reme

~or-Be~vefy-

~

No-per~en-~ha-~e~ivery—

any-9pe

a~—wae-ge~erated-w~kh~n

~

~

~n±e~s—that—per

n—con

rrent~y—de+±ver~—a—man±

fest—comp~eted

~n-aeeordanee-w~h~-P

a~-V—ef- ~-eha~ef-~e—a—

spea3—wa~e

ha~er-whe-he ~d~-

a—e~rren~7

-va~d—~pee~ai

~

~

45—205

---

—16—

~

a)-

Ne—per ~

~er—d~pe~a~7

~

a3-was~e

~

~

~

~

~

—a-ee~1e~e~7—s

~~e4

man±fe~t-a~-regtt±red-by-?arV-of--th±~--ehapter7-wh±eh

a~

—the—,~ie&~na—

Section 706.313

Supplemental Chapter

7

Permits

(R.

301

B)

No person shall deliver special waste in Illinois for disposal,

storage or treatment unless the person who accepts the special

waste has

a current, valid operating permit issued by the Agency

and the necessary supplemental permits required by Chapter 7,

as well as

all

other

applicable

permits

as

required

by the Act

and

Board

regulations..

SUBPART

D:

VEHICLE

NUMBERS

AND

SPECIAL

WASTE

SYMBOLS

PART-~V~

--vBH~eLB-NuMBERs-ANB-sPEe~A~-WASTE

-S~MB9L5

Section

706.401

Vehicle

Numbers

(R.

401)

Upon issuance

of

a

special waste hauling permit, the owner and

operator

of

any

vehicle

used

to

transport

special

waste

except

truck tractors

as

defined

in

Part

I

shall

display

a

number

issued by the Agency

on

opposite sides of

the

permitted vehicle

following the words,

“Licensed Special Waste Hauler:

(number)

.“

Numbers and letters shall not be less than two inches high

and

45—206

---

--17—

shall be removable only by destruction.

Directly adjacent to

said words and number, the vehicle owner and operator shall

display a seal furnished by the Agency which shall designate

the date on which

the

permit was issued.

Section 706,402

Special Waste

Symbols

CR..

402)

All vehicles used

to

transport special waste and packages

used to

contain

special

waste

shall

be

labeled,

marked

and

placarded

in

accordance

with

regulations

adopted

by

the

Illinois

Department

of

Transportation

or

the

United

States

Department

of

Transportation

or

the

United

States

Environmental

Protection

Agency, whichever has jurisdiction.

This rule is provided for

informational purposes only, and does not constitute an indepen-

dently enforceable regulation with respect to labeling, marking

and

placarding

requirements.

PESTS

7-~eo~s7-~eeEss

~e-~

ee~s-~i3--

RE?~RT~N8

S8~--M.an~fe~t~7-

Re

~d~7-Aeee~s-*~e--

~

Re~remei’ft~

~

waste—hati±er—~±—comp±e1~e—a—man±fest—to—accompany—the

~

-of-the-~pee~a~

~

by-the-Agency-~h±±7-aa-a-m±n±mt~m7-eonta±n-the--rtame-of-the

gen~ratorfth~pec±a±—waste7—when-and—wherc—gert~rated7

nec—of—the—pc

en—frem—whem—de~very—ie—aeeepk~ed—and—the

45—207

---

—18—

n~c—of—the—s±te—from-wh±ch-de±~vered~-—the-neme-of

-the

~

~05

a±7—storage—or—tre ment—~tei-—and—the-name—an~-~uan~ty

~

B-

~

epec~a±—wae—to-a—cpee±—wae—haer7—e~—~tgnethre

aek~ew~eg-s~eh-éteve~v-.-—Phe

—~ian~

fes~-~ha~

-a~

e-~e

~

~gnat~re-aeknew—

~

~-

-The—per~o~-wI~te

~

~

~~erer-an~

~

day5—end—sha±±—reta±n-one-copy—a~—a—rord~——The—reme~1~ng

four-cop±eDfthemanifest-sha±±-accompanythe-spec±a±

~

etgned—by—the--per~en—whe—aeeep-epeeta~—waete—frem—a

~

-

aeew~e~g~n’i~-aeeep-

e-.-

~

~

~

~

~

-e~age-e~

45—208

---

—19—

B-~

~

~

fe~t—~e-the—persen—whe

~

~

~

~

~

~

waste—

em—a—spee~a-k—wae—ha~er—

~rta~3—s~bm~t-a—eepy—of

~

~

Mafest-te-the-persen-w~e-de~ere~-e—spee~a1--was?e-te

~

B

~

~

~

~

~

~

PA-V+--~W~ATN-~-gPGAL-WAgTB

HAU~E

R-PERH~T&--ANB--T~NK-?WMBERS

~9~

B~rat~en-of-Spee~a~--Wac

te-Hatt~er-Perm4t~-and-Tart~-Numbers

~

—e~eee~--ei~e

—yea~-ai~d—are—rei~ewe~e--

45—209

---

—20—

B

~

~

eha~

~-be-made-9

9-daya—p

ier-~o-the—exp~

rat~ert-date -of- the

~

e~

~

EMERSEN?k~

-

-

-The-Age

y-may-~e—~e er—peetper’Le-the -e~p~

rat4ert-date

-of

~

effeete-&ate-ef-th~e-Rti~e~-

-

~

a~Aressed

to-the-per

±ttee—and-~ha-±nd±eate-a-nc~-cxp±ret±on-date--

~

~

-~9~9-

~

~

-R~e-sha~

expe-no-3ater-than-&eptcmber-~&7-~9837

~

ef~eeve-date-of-th-Re-t-before-September-3e7-~9e9

eha~~-exp~re-~e-

ter—than-Septe~er-397-~9

~

~otwhad~n~

~

~-preve~-~ewe~’ef7

Ru~e—~

~

~ed7-effeete

-)-

45—210

---

—21-

~

e~—ea~e

treatment-y—stora~e--or—d4~pes&t—of—

any—waste—generated—by—an

~

hea~th—or—to-

the -e

enment7—the—Ageney-~ay--g~

we-w~tten

~

~

~

~

-and-the-Act-and

Beard—~

ts-A~eney-der-th~s-?art-shaH-net—eonst±ttte-

a-defense-to

~

re~rements—speoay—stated-~rt—the—wtten-exeept~en-

8e~--Eept-as-othese-pr±ded-±n-th±s-Pt-v~3~7-any-person

~

~

~

&-3?~

after-the-e?feet4Ye-date-ets-?hapte~7

45—211

---

—22—

SUBPART

E:

QUARTERLY REPORTS

Section 706.501

Scope

This Subpart applies to permitted special waste haulers.

Section 706.502

lurpose

The purpose of this Subpart is to require quarterly reports

of

non-hazardous

special

waste

movements,

it

is intended

to

provide

the

Agency

with

the

same

information

as

the

hazardous

waste

manifest

system

concerning

the

origin,

destination

and

quantities of industrial process waste and pollution control

waste.

To avoid double counting, quarterly reports are not

required for any waste which was manifested, even

if the waste

was

special

waste

not

required

to

have

a

manifest,

Section 106.510

Unmanifested Special Waste

As used in this Subpart,

“Unmanifested Special Waste”

shall

mean special waste which was actually transported without a

manifest required under Parts

722

—

725.

Because these parts

apply only to hazardous waste, this generally means industrial

process waste

and

pollution control waste.

However, the

term

~

~

manj~.~

t

~

was transported

with

a manifest..

Section 706.520

Quarterly Reports

Each

permitted

special

waste

hauler

shall

file

a

quarterly

report at such time as

is specified in its permit.

45—212

---

—23—

Section

706.~52l

Contents

of

Ouarter1~y Report

a.

The quarterly report shall be in such form as

may

be

prescribed by the Agency.

b.

The quarterly report shall include

the

following informa-

tion:

1.

Names

of

persons

who

delivered

unmanifested

special

waste to the hauler;

2.

Names

of persons to whom the hauler delivered

unmanifested special waste;

3.

Quantities of unmanifested special waste by type

of waste, generator and disposer.

45—213

---

PART 721:

IDENTIFICATION

AND

LISTING

OF HAZARDOUS WASTE

SUBPART A:

GENERAL

Section 721.105

Special Requirements for Hazardous Waste

Generated by Small Quantity Generators

a)

A generator is

a small quantity

generator

in

a calendar

month if he generates less than ~888 100 kilograms of

hazardous waste in that month,

Pt--789-exp~a~ns-the

~

b)

Except for those

wastes

identified

in

paragraphs

Ce)

and

(f)

of this section,

a small quantity generator’s hazardous

wastes are not subject to regulation under Parts

722

through

725 and 40 CFR Parts 122

and 124,

and the notifica--

tion requirements of Section 3010 of RCRA, provided the

generator complies with the requirements of paragraph

(g)

of this section.

c)

Hazardous waste that is beneficially used or re-used or

legitimately recycled or reclaimed and

that

is excluded

from regulation by §721.106(a)

is not included in the

quantity determinations of this section,

and is not subject

to any requirements of

this

section..

Hazardous

waste

that

is subject to the special requirements of §721,106(b)

is

included in the quantity determinations of this section and

is subject to the requirements of this section.

d)

In determining the quantity of hazardous waste he generates,

a generator need not include~

45—2

14

---

2

1)

His hazardous waste

when

it

is

removed

from

on—site

storage; or

2)

Hazardous waste produced by on—site treatment of his

hazardous waste..

~)

If a small quantity generator generates acutely hazardous

waste

in

a calendar month

in quantities greater than set

forth below, all quantities of that acutely hazardous

waste are subject to regulation under Parts 722 through 725

and

40 CFR Parts 122 and 124,

and

the notification require-

ments of Section 3010 of

RCRA:

1)

A total of one kilogram of commercial chemical products

and manufacturing chemical intermediates having the

generic names listed in §721.133(e), and off—

specification commercial chemical products and manu-

facturing chemical intermediates which, if they met

specifications, would have the generic names listed

in §721.133(e); or

2)

A total of 100 kilograms

of any residue or contamin-

ated

soil,

water

or

other

debris

resulting

from

the

clean—up

of a spill, into or on any land or water, of

any commercial chemical products

or manufacturing

chemical

intermediates

having

the

generic

names

listed

in

§721.133(e)

,

or

any

residue

or

contaminated

soil,

water

or

other

debris

resulting

from the cleanup of a

spill, into or on

any

land

or

water,

of

any

off—

specification

commercial

chemical

products

or

manufacturing

45—215

---

3

chemical

intermediates

which,

if

they

met

specifications,

would have the generic names listed in §721.133(e).

f)

A small quantity generator may accumulate hazardous waste

on—site.

If

he

accumulates

at

any

time more than a total

of

~9G8

100

kilograms

of

his

hazardous

waste,

or

his

acutely hazardous wastes in quantities greater than set

forth in paragraphs

Ce) Cl)

or

(e) (2)

of this section,

all

of those

accumulated

wastes

for

which

the accumulation

limit was exceeded are subject to regulation under Parts

722

through 725 and 40 CFR Parts

122 and 124,

and the notifica-

tion requirements of Section 3010 of RCR~, The time period

of §722.134 for accumulation of wastes on-site begins for

a small quantity generator when the accumulated wastes

exceed the applicable exclusion level.

g)

In order for hazardous waste generated by a small quantity

generator to be excluded from full regulation under this

section, the generator must:

1)

Comply with §722.111;

2)

If he stores his hazardous waste on—site, store it in

compliance with the requirements of paragraph

(f)

of

this section;

and

3)

Either treat or dispose of his hazardous waste in an

on—site facility, or ensure delivery to an off-site

storage, treatment or disposal facility, either of

which

is:

A)

Permitted under

40 CFR Part 122;

45—216

---

4

B)

In

interim

status

under

Part

725

and

40

CFR

Part 122;

C)

Authorized to manage hazardous waste by a State

with a hazardous waste management program approved

under 40 CFR Part 123;

D)

Permitted,

licensed or registered by a State

to manage

municipal or industrial solid waste;

or

E)

A facility which:

i) Beneficially uses or re—uses, or legitimately

recycles or reclaims his waste; or

ii)

Treats his waste prior to beneficial use or

re-use,

or legitimate recycling or reclamation.

h)

Hazardous waste subject to the reduced requirements of this

section may be mixed with non-hazardous waste and remain

subject to these reduced requirements even though the

resultant mixture exceeds the quantity limitations identi-

fied in this section, unless

the mixture meets

any

of

the

characteristics

of hazardous wastes identified in

Subpart

C.

i)

If a small quantity generator mixes

a solid waste with a

hazardous waste that exceeds

a quantity exclusion level of

this section,

the mixture is subject to full regulation.

Source

Note:

5

Ill.

Reg..

9781, October

2,

1981; effective as

provided

in

§700,106;

amended 5

Ill..

Reg. unless

otherwise

indicated.

45—217

---

5

SUBPART E:

LISTS OF ADDITIONAL HAZARDOUS WASTES

Section 721.200

General

This Subpart contains lists of hazardous wastes which are not

listed hazardous wastes under 40 CFR Part 261.

Section 721.203

Additional Acute Hazardous Wastes

The following are identified as acute hazardous waste

and

are

added to the “P list” of Section 721.133(e) :

Hazardous

Waste

No.

P900

Polychlorinated

biphenyls

45—218

---

6

PART

722:

STANDARDS APPLICABLE TO

GENERATORS

OF

HAZARDOUS

WASTE

SUBPART

B:

THE

MANIFEST

Section 722.122

Number

of

Copies

The manifest consists of at least the number

of

copies

which

will provide the generator, each transporter, and the owner

or operator of the designated facility with one copy each for

their

records

and another copy to be returned to the generator,

and

copies

to

be sent to the Agency by the generator and by

the

HWM

owner

or

operator.

Source Note:

5 Ill,

Reg.

9781, October 2,

1981;

effective as noted in §700.106; amended 5

Ill.

Reg.

unless otherwise indicated.

Section 722.123

Use of the Manifest

a)

The generator must:

1)

Sign the manifest certification by hand;

and

2)

Obtain the handwritten signature of the initial trans-

porter and date of acceptance on the manifest; and

3)

Retain one copy, in accordance with §722,140(a);

and

4)

Send one copy of the manifest to the Agency

within

two working days.

b)

The generator must give the transporter the remaining

copies

of

the

c)

For

shipments

of

hazardous

waste

within

the

United

States

solely by water

(bulk shipments only), the generator must

send

three

copies of the manifest dated and signed in

45—219

---

7

accordance with this section to the owner or operator of

the designated facility or the last water

(bulk shipment)

transporter to handle the waste in the United States if

exported by water.

Copies of the manifest are not

required for each transporter.

d)

For rail shipments of hazardous waste within the United

States which originate at the site of generation, the

generator must send at least three copies of the manifest

dated and

signed

in

accordance

with

this

section

to:

1)

The next non—rail transporter, if any; or

2)

The

designated

facility

if

transported

solely

by

rail;

or

3)

The last rail transporter to handle the waste in

the United States if exported by rail.

Note.

--

See

§723.120(e)

and

(f)

for special provisions for

rail or water

(bulk shipment)

transporters.

Source Note:

5 Ill.

Reg.

9781, October 2,

1981;

effective as noted in §700,106; amended

5

Ill, Reg.

unless otherwise indicated.

45—220

---

8

SUBPART

D:

RECORDKEEPING

AND

REPORTING

Section 722.141

Annual Reporting

~

———8n—BPA--fe~ms———a-—A—aeee~d~ng-te-the

~nstet~ens-en-the-fe~m-4E’ee-the-Appen8~-

te—th~s

---Pe-the-B~eeter~-

~

b3-———~ny—generater-w1to-

treats

~—stores 7-er-disposes

~

wastes—±n—aordanee—w5th—the—prev~s~o—ef—Parts—~4—artd

S-and-4O-eFR-~art-±~-and-~E67

Annual reports are not required of Illi~is~i~e~tors.

45—22 1

---

9

PART

725:

INTERIN STATUS STANDARDS FOR OWNERS

AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT,

STORAGE

AND

DISPOSAL

FACILITIES

SUBPART B:

MANIFEST SYSTEM, RECORDKEEPING AND

REPORTING

Section 725.171

Use

of

Manifest

System

a)

If

a

facility

receives

hazardous

waste

accompanied

by

a

manifest,

the

owner

or

operator

or

his

agent

must:

1)

Sign

and

date

each

copy of

the

manifest

to

certify

that

the

hazardous

waste

covered

by

the

manifest

was

received;

2)

Note

any

significant

discrepancies

in

the

manifest

as

defined in §725.172(a)

on each copy of the manifest;

Comment:

The Board does not intend that the owner or operator

of a facility whose procedures under §725.113(c)

include waste

analysis must perform that analysis before signing the manifest

and giving it to the transporter.

Section

725,172(b),

however,

requires reporting an unreconciled discrepancy discovered during

later analysis.

3)

Immediately give the transporter at least one copy of

the signed

manifest;

4)

Within 30 days

after the delivery,

send

a

copy

of

the

manifest

to

the

generator

and

to

the

Agency;

and

5)

Retain at the facility

a copy of each manifest for at

least three years from the

date

of

delivery.

b)

If a facility receiVes

from ~ rail or motor

(bulk

shipment) transporter hazardous waste which is accompanied

by

a shipping paper containing all the information required

on the manifest

(excluding the EPA identification numbers,

45—222

---

10

generator’s certification and signatures)

the owner or

operator or

his

agent

must:

1)

Sign

and

date each. copy of

the

manifest or shipping

paper

(if the manifest

has

not been received)

to

certify

that

the

hazardous

waste

covered

by

the

manifest

or

shipp:Lng

paper

was

received;

2)

Note

any

s:Lgniticant

discrepancies

1~asdefined

in

§725,172(a)

in

the

manifest

or shipping paper

(if

the

manifest

has

not

been

received)

on

each

copy

of

the

manifest or shipping paper;

Comment:

The

Board

does not intend that the owner

or

operator

of a facility whose

procedures under §725.113(c)

include

waste

analysis must perform

that

analysis before signing the shipping

paper and giving it to the transporter.

Section 725.172(b),

however, requires reporting an unreconciled discrepancy discov-

ered during later analysis.

3)

Immediately give

the

rail or water

(bulk shipment)

transporter at least one copy of the manifest or

shipping paper

(if

the

manifest has

riot been

received);

4)

Within

30 days

after the delivery,

send

a copy of the

signed

and

dated

manifest

to

the

generator

and

to

the

Agency;

however,

if

the

manifest

has

not

been

received

within

30

days

after

delivery,

the

owner

or

operator,

or his agent,

must send

a copy

of

the

shipping

paper

signed

and

dated

to

the

generator;

and

Comment:

Section 722,123(c)

requires

the

generator to send three

copies

of

the

manifest

to

the

facility

when

hazardous

waste

is

sent by rail or water

(bulk

shipment).

5)

Retain at the facility a copy of the manifest and

shipping paper

(if signed in lieu of the manifest at

45—223

---

11

the time of

delivery)

for

at

least

three

years from

the date

of delivery.

c)

Whenever

a shipment of hazardous waste is initiated from a

facility,

the owner or operator of that

facility must

comply

with

the requirements of Part 722.

Comment:

The provisions of §722,134 are applicable to the

on—site accumulation of hazardous wastes by generators,

There-

fore,

the provisions of §722,134 only apply to owners or operators

who are shipping hazardous waste which they generated at that

facility.

Source Note:

5

Ill..

Reg. 9781, October

2,

1981;

effective as

noted

in §700,106; amended 5

Ill.

Reg.

unless otherwise

indicated.

45—224

---

12

Section 725.175

Annual

Report

~

?ae~~ty ~

~

eaeh—ha~ardous—waste—ge~erer—er~—wh~e?~

-t1~e—~ae~

~4ty

~

—4~er—~mperted

th~—fore±gng~nerator7

~

ef—eaek—~e~era~e~’i

~

---Men~terg—~a—~er—~r994*a3-

*~3’~+B~-

-e~-+?~—a~—~f

~*4~

*

w1’tere—reqt±re~~

45—225

---

13

~

a~4

est~e-er-44~e~

~

Annual reports are not reg~uiredof Illinoir~wners

or

operators.

45—226

---

PART 736.

1NFfC~’IOL’~HOSPITAL WASTE

SUBPARI A

GENERAL

Section

736.10OS~

pe

~

1.

~J

~1i~tQJIQW1t~aI

~ti~thm~r~ ~

aç~

.~

fil1~na~.

~)~~subar

~

~

~

ç.~

~flxej~tjr~eJajp

u_~

I w~ e.~J ar

~

Part 706to

the ~

•c

r

I qa~t~

~ru

es~ç~

r~.

t

Lidtc~

th~h~

~L

~

~

~Lf

di

Qfl~

~d~sterilization

and

incineration.

Air po11~~onpermits are required of

incinerators.

Section

736~Qk

Hazardou~,

I

fe

~t

ous

H

r

~al

Waste

a)

“Hazardous

(infectiou~)Iosp~ra

aste

~s defined in

§3

of the Act

s

§

6.2C

Il-e

~flnr

r

r. ol

hazardous”

found in Part 721

i

rot

tended ~o b~

read

with this

definitio~i

“HqZC

ons

r

re

ous)

nosIl.a1 waste”

is

not

necessart J

~

~

t

~he RCRA

rules

Parts

72

1

r

it

ay be

~RA “hazardous”.

The applicability ~

tli

RCR( ru~s~is

delermined by the

language

fourd

the

~e

b)

Hazardous

(infectious) hosp~~tli

waste is a special waste

within

the meanrna of Part 706

Special

waste

transporta-

tion

permits are required.

---

Section 736.102

General

Rule

A person who is subject

to Part 736 hut not the RCRA

rules

shall comply with

Part

736

but.

not: the RCRA

rules.

A

person

who is subject to

both

Part 736 and the RCRA rules shall

comply

with

both.

However,

in

the

event

of

conflict)

the

RCRA

rules

control,

except

that

haz ardous

(infectious)

hospital

waste

cannot

be

landfilled,

Section 736.103

Generators

A

person

who generates hazardous

(infectious)

hospital

waste

which is

also hazardous under the RCRA

ru:Ies must comply

with

the applicable

requirements, includrug:

a)

USEPA

identification

nunthers

(5722. 1:L2) ~

b)

Manifest requirements

(5722.120).

Section 736,104

Transporters

A person who

transports

hazareous

(inrectiousj

nospital

waste

must have a Part 706

Special Waste Transporter

Permit.

If it

is also

RCRA hazardous,

a USEPA :Ldentification number is

required

(~723.iil)

Transportation

requzres

a

manifest

only

if the waste is

RCR~hazardous

(5723.120)

Section 726.105

Owners and Operators

a)

A person who

renders innocuous hazardous

(infectious)

hospital waste

which

is also RCPA hazardous is

an

HWN

owner or operator

who

is

subject

to Part

725.

This

is

true even if the

treatment

is

ineffective

against

the

RCRA

hazardous component.

For

example,

an

owner

or

operator

45—228

---

3

who sterilizes infectious waste which is RCRA hazardous

only because of a toxic component unaltered by steriliza-

tion is treating hazardous waste (~720.ll0and §725.101).

b)

A person who renders hazardous

(infectious) hospital

waste innocuous by incineration is subject to an incinera-

tor permit requirement (Rule

103 of Chapter 2,

§700..1G2

and

§736.304.

c)

A person who renders innocuous hazardous

(infectious)

hospital waste may become a hazardous,

or special, waste

generator if he initiates

a shipment of innocuous waste

which is hazardous under the RCRA rules, or special under

Part 706 ~3 of the Act, §706,200 and §722.101(f).

For

example, an infectious waste which has been sterilized

but which also contains

a toxic component would require

a manifest if shipped for further treatment or disposal.

d)

Innocuous

waste

which

is

not hazardous may be landfilled

only in facilities which have

a Chapter

7 permit.

e)

Hazardous

(infectious)

hospital waste may not.

be deposited

in landfills

S21(h)

of the

Act

Section 736.110

Authority

The hazardous hospital waste regulations

are

adopted pursuant

to

Section

21(h)

of

the

Act.

45—229

---

4

SUBPART B:

DEFINITIONS

Section

736.200

Definitions

For

the

purposes

of

this

subpart:

“HAZARDOUS

(INFECTIOUS)

HOSPITAL

WASTER

means waste

which

has

been generated by a hospital in ~onnection

with

patient

care

that

is

contaminated

with

or

may

be

contaminated

with

an

infectious

agent

that

has

the

potential

of

inducing

an

infection

and

which

has

not been rendered innocuous by sterilization or

incineration.

More

specifically,

“HAZARDOUS

(INFECTIOUS)

HOSPITAL

WASTE”

means:

a)

medical

and patient care items contaminated by,

and human

excreta produced by, persons who have been placed in

strict

or

enteric

isolation

for

the

control

and

treatment

of

an

infectious

disease

by

the

hospital~sInfection

Control

Committee pursuant to the infection control policies and

procedures

required

of

it

by

Section D of Part IX of the

Rules of the Illinois Department of Public Health,

5

Ill,

Reg.

553 et

~

(1981),

as from time to time amended,

and

b)

medical and patient care

items

that

are

contaminated by

or

have been in contact with,

either

the wound

or

skin of

patients who have

been

placed

in

wound or skin isolation

or

strict isolation, or the mucuous or other respiratory

fluids

of patients who have been placed in respiratory

isolation

or strict isolation by the hospital~sInfection

Control Committee pursuant to the infection control policies

and

procedures

required of it by Section D of Part IX of

45—230

---

5

the

Rules

of

the

Illinois

Department

of

Public Health,

5

Ill. Reg.

553 et seq.,

(1981),

as from time to time

amended,

and

c)

medical and patient

care items contaminated during surgery

when the case is infectious, and

d)

tissues

(human or animal), pathological waste,

and items

that are contaminated by an infectious agenc, and

e)

bacteriological cultures and blood or other exereta that

are products

from bacteriological testing,

and

f)

any

other

waste which, because of its infectious nature,

is

ordered

to

rece:Lve special handling and disposal by the

hospital’s Infection Control Committee

pursuant

to

the

infection control policies and procedures required of it

by Section D “Infectious

Control’s of Part IX of the

Rules

of the Illinois Department of Public Health,

5 Ill.

Req.

~

(1981)

,

as from time to time amended.

“HOSPITAL”

means

any

institution,

place,

building,

or

agency,

public or private, whether organized for profit or not, devoted

primarily to the maintenance and operation of

facilities for the

diagnosis and treatment or care

of two

or more unrelated persons

admitted for overnight stay or longer in order to obtain medical,

including obstetric, psychiatric and nursing,

care of illness,

disease,

injury, infirmity,

or deformity,

“HOSPITAL” includes

general and specialized hospitals,

tuberculosis sanitaria,

mental or psychiatric hospitals and sanitaria, maternity homes,

lying—in

homes,

and homes for unwed mothere in which care

is

45—231

---

6

given during delivery.

“HOSPITAL” does not include, for example,

nursing homes,

offices of human or animal health care providers,

outpatient clinics~or veterinary hospitals.

“INCINERATION”

means

the

complete

reduction

of

a

substance

to

ashes

by

means

of

combustion.

“INNOCUOUS

HOSPITAL

WASTE”

is

not

a

special

waste,

but

for

the purposes of this Part ~M means

any

hazardous

hospital

waste

which has been properly sterilized or incinerated so

as to

render it incapable of causing infection.

“NORMAL

HOSPITAL

WASTE”

is not

a special waste, but for the

purposes

of

this

Part

~X includes,

but

is

not

limited to,

garbage;

refuse,

such

as

packaging

materials

removed

before

a

product reaches patient care areas; disposable medical and

patient care items such as basins

and

water pitchers which have

not come in contact with a patient

in

isolation;

and facial

tissue and other patient contact items which have not been

generated by

a patient in isolation.

“STERILIZATION” means the complete destruction of microorganisms

by moist or dry heat or

by

bactericidal chemical compounds.

45—232

---

7

SUBPART

C:

DISPOSAL

OF

FLAZARDOUS

HOSPITAL

WASTE

Section 736.302

Disposal Methods for Hospital Waste

(R.

902)

a)

No person shall cause or allow hazardous

(infectious)

ftospital waste to be deposited

in

any

landfill.

b)

Hazardous

(infectious) hospital waste shall be rendered

innocuous pursuant to R~e~9G3 ~

9~47§~736.303or

736.304, or may be disposed

of,

where

lawful, by deposit

into a municipal or private sewerage system.

c)

Innocuous hospital waste and normal hospital waste may

be

disposed

of

by

any

lawful

means,

including

incineration

in

any incinerator appropriate

for such waste and for whIch

the

Agency

has

issued

a

permit,

by

deposit

in any sanitary

landfill

or by deposit into

a

municipal

or

private

sewerage

system.

Section 736.303

Rendering Hazardous

(Infectious) Hospital Waste

Innocuous by Sterilization

(R.

90:3)

Any

hazardous

(infect:Lou~ hospital

waste may be rendered

an

innocuous

hospital

waste

by:

a)

Sterilization

o.f

the waste

in

an

autoclave,

provided

that

the

unit

is

operated

in

accordance

with

the

manufacturer’s

recommendations and the autoclave’s effectiveness

is

verified at least weekly with a biological spore assay

containing B. stearothermophilus, or

b)

Sterilization of the waste in a commercial ethylene oxide

unit that provides controlled temperature and humidity

45—233

---

8

conditions,

provided

that the unit is operated in

accordance

with

the

manufacturer’s recommendations and the unit’s

effectiveness

is verified during each use with a biological

spore assay containing B.

subtilis.

Section 736.304

Rendering Hazardous

(Infectious) Hospital

Waste Innocuous by Incineration

CR.

904)

a)

Any

hazardous

(infectious) hospital waste may be rendered

an innocuous hospital waste by incineration provided that:

1)

The combustion apparatus is

an incinerator designed

to destroy the type or class of waste introduced

into it, and is operated according to the manufac-

turer’s instructions, and

2)

All permits required by Chapter

2 have been

obtained

from the Agency, and the conditions of those permits

have been met.

b)

The ash produced by the incineration

of

hazardous

(infec-

tious)

hospital

waste

shall

be

disposed

of

as

required

by

~J~eRu~e~o~th~ ~h~p’~efPart

706 and Chapter

7 for dis-

posal of any other incinerator ash,

Section 736.305

Recordkeeping Requirements for Generators of

Hazardous

(Infectious)

Hospital

Waste

(R.

905)

a)

Generators

of

hazardous

(infectious)

hospital waste who

render

such

waste

into

innocuous

hospital waste shall keep

and make reasonably available for Agency inspection:

1)

Records of any required biological spore

assay tests.

45—234

---

a

2)

Records deacnotng

tht

appzoxsanatc

iso mt

at

w

*3

stenlaed

or

incinerated

3)

Recordi

wit

cit

c

cnonatrato

prper

op.ration

C

i

the

oteralira.tcn

)

3

~fl

or

w’-flf

t

-ci

3~

tiw and terpna’un

a

ata .ennc’

c’

r’

Ic

4

b)

The

requiremrttc

or

W

Ic-4fl’e)’

eubst~t1o3

(d)

ii

v

Lx

satisfied

b)

rr

‘tteran .

of

‘be

recur4”

ij

th~

on

raquired

to

b”

kept

b’

arty

ior~

t

al

lie

‘a’

t ty

or

*

‘crrdl

tatior

body,

pnvi

t~

tI~t •n’s

go cordq

includ

1 ttnntion

sufficient

crapty

nth

‘uk ‘cnts

r

(a

Sect_~3q736.306

D’ter”c

C

‘a

a

c

in

1.

‘1.

on

(1.

1

Peasonable reltaroe

rn

waa;

ce” ‘~nr

r

‘lent4

trait

tnn

ç)

waste

as

innocucu~3T ronndl

1

~)‘

~

t

C’

et

alit

)‘

~

defen°

to

ax

~

‘rrAt

‘tt ~

;

1n

t

s

c’n

t

t

tins

ti,jn

the

we.st*.

aer

r

(

f

r

~n

•

*1

ci’

I

14th

—9’r(-)

‘gJ

la~ I4(~)

65

P~3