ILLINOIS POLLUTION CONTROL BOARD

March 15,

1979

IN THE MATTER OF:

SPECIAL WASTE

)

R76-1O

HAULING REGULATIONS

)

OPINION AND ORDER OF THE BOARD (by Mr.

Young) (Final Order):

This opinion concerns the adoption of

a proposed

Chapter

9:

Special Waste Hauling Regulations to the

Illinois Pollution Control Board Rules and Regulations.

The proposed regulatory change

is intended to assure that

any special waste generated in Illinois or elsewhere

is

properly monitored and controlled

as

it moves from the

site of the generator,

to the special waste hauler and to

its ultimate disposition within the boundaries of Illinois.

The original regulatory proposal was submitted to

the Pollution Control Board on April 19,

1976, by the

Environmental Protection Agency as the “Petition for

Adoption of a New Regulation:

Liquid and Hazardous Waste

Hauling Regulations of the Pollution Control Board.”

After

numerous revisions, the Agency filed a draft on July

5,

1978, with the proposed heading “Special Waste Hauling

Regulations.”

On November

1,

1978, the Agency submitted

a Motion for Leave to File Proposed Clarifying Revisions

which the Board accepted on November

2, 1978,

as the

Agency’s final draft to this proceeding.

Notice of the original Agency proposal was published

in Environmental Register #124.

The Board scheduled public

hearings pursuant to Section 28 of the Environmental Pro-

tection Act which were held in Chicago,

Illinois,

on January

15,

1977, on February

2,

1977,

in Chicago, Illinois,

and on

March 23,

1977,

in Peoria,

Illinois.

On October

28,

1977,

the Institute for Environmental Quality filed a study with

the Board concerning the economic impact of the proposed

regulations entitled “Economic Impact of the Proposed

Illinois Special Waste Hauling Regulations

(R76—lO)” IIEQ

Document No.

77/26

(Exh.

#16) prepared by Mr. Roger

K.

Raufer

and Mr. Kevin

G.

Croke.

As required by Section

27(b)

of

the Act,

two economic impact hearings were held on January

11,

1978,

in Chicago,

Illinois, and on January 13,

1978,

in Springfield, Illinois.

The Board expresses appreciation to Mr. Stephen C. Ewart,

Administrative Assistant to the Board and Hearing Officer

herein,

for his invaluable contributions to this proceeding.

33—13 1

---

—2—

At the conclusion of the hearings, the record was

held open to accumulate materials pertinent

to the special

waste hauling regulation and to receive a final Brief from

the Agency.

During this interim, the Hearing Officer

collected and received materials concerning

state and

federal hazardous waste regulatory activities which have

been marked for identification and entered into this record.

On September

11,

1978, the Hearing Officer received

the final Agency Brief which was preceded by Attachments

filed with the Board on August

25,

1978, and admitted into

the record as Group Exhibit #36.

After designating the

Agency’s final draft as Exhibit #37 and receiving

it into

the record, the Hearing Officer closed the record on

November

6,

1978.

On November 30,

1978, the Board adopted a proposed

final opinion and order and authorized submission of the

proposed final order to the Secretary of State for publication

in the Illinois Register to meet notice requirements and to

initiate a 45-day public comment period required by the

Illinois Administrative Procedure Act

(Ill.

Rev.

Stat., 1977,

Ch.

127, par.

1001 et seq.).

Notice of the proposed final

order was also publT~in

the Board’s Environmental Register

#185, of December 11, 1978.

The proposed final order was

published in Volume

2,

Issue 50 of the Illinois Register on

December 15,

1978.

During the public comment period,

the Board received

questions and comments from the Joint Committee on Administrative

Rules.

After the meeting with the staff, the Joint Committee

reviewed the special waste hauling regulations at hearing on

January 31,

1979, without objection or comment.

On February

23, 1979, the Hearing Officer closed the

public comment period after receiving a number of responses.

Most letters and comments were in support of the substantive

provisions of this new Chapter;

some proposed further revisions

to the proposed rules.

The Board has reviewed and consideted

all proposals for revision made during the public comment

period.

Chapter

9:

Special Waste Hauling Regulations has

been amended to comply with the citation revisions proposed

by the Joint Committee on Administrative

Rules.

Certain

suggestions for revisions by the Agency and others will be

addressed in the text of this opinion as each becomes

relevant to the issue at hand.

33—132

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—3--

PROPOSED RULE

The Illinois Environmental Protection Agency,

(with

the assistance

of the Liquid Waste Control Association,

the Illinois Chamber of Commerce and the Illinois Depart-

ment of Public Health), developed proposed regulations for

consideration by the Board for the off-site management of

special waste

in transit from delivery until treated,

stored or disposed of in Illinois.

The essential elements

of the proposed management program include the special

waste hauling permit requirements and control of the move-

ment of special waste by a manifest system.

Of equal importance to this Chapter is the develop—

ment of the “special waste” definition which offers a

practical alternative to sole reliance on federal

“hazardous

waste” guidelines.

The Agency developed a definition

of

“special waste” for the purposes of the proposed Chapter

which includes three subdivisions:

“industrial process

effluent,” “pollution control residual” and “hazardous

waste,”

When read with other provisions of the proposal,

“special waste”

is intended to provide

a workable format

for the special waste management program that

is consistent

with the numerous requirements and complexities of the

Resource Conservation and Recovery Act of 1976

(PL 94-580)

and the proposed regulations thereunder.

On October 21,

1976, the Resource Conservation and

Recovery Act of 1976

(RCRA) was enacted by Congress to deal

with the vast amounts of solid and hazardous waste which

has the potential for causing water pollution and other

environmental problems.

Under Subtitle C, RCRA mandates

that hazardous waste he controlled and monitored under a

nationwide program which provides for state participation.

To achieve this goal,

the U.S. Environmental Protection

Agency is required to develop regulations which include the

formulation of criteria and listing for “hazardous waste”

and the development of comprehensive state programs which

include cradle—to—grave

regulation of hazardous waste from

generation to its ultimate destination

(see Exh.

#20).

As of the date of this opinion, the USEPA has published

proposed regulations in the Federal Register concerning the

“Standards for Hazardous Waste Transporters” pursuant to

Section 3003 of RCRA

(Exh.

#26),

“Standards for State

Hazardous Waste Management Programs” (Section 3006,

Exh.

#30)

and “Notification Requirements

under RCRA”

(Section 3010,

Exh.

#31).

On December 18,

1978, the USEPA published proposed

rules

in the Federal Register concerning “Identification

and

Listing of Hazardous Waste,”

(Section 3001);

“Standard Applicable

33—133

---

—4—

to Generators of Hazardous Waste,”

(Section 3002);

and

“Standards Applicable to Owners

and

Operators of Hazardous

Waste Treatment, Storage,

and

Disposal Facilities,” (Section

3004).

Hearings on these most recent proposed rules are

currently

being

conducted

at

locations

throughout

the

United

States

•

The

USEPA

expects

to

promulgate

all

Subtitle

C

proposed

regulations

by

January,

1980

(See

Exh.

#32).

In

Illinois,

existing

regulations for control of

special

waste

are

largely

confined

to

the

supplemental

permit

requirements

of

Chapter

7:

Solid

Waste

Regulations

which

prohibit

the

disposal

of

liquid

and

hazardous

waste

and

sludges

in

Illinois

unless

specifically

authorized by

Agency

supplemental

permit.

Under

this

limited

regulatory

approach,

great

quantities

of

special

waste

may

have

been

disposed of outside of the scope of this supplemental permit

system.

The record in R76-l0 indicates that hazardous waste

has

been

discovered

deposited

in

sand

and

gravel

pits,

abandoned

in

drums

on

agricultural

lands

and

on

hills

above

streams

and

is

discharged

into

sewers

and

streams

so

as

to

threaten

hui~~n

health

and

the

environment

of

this

State

(R.

54—59,

Exh.

#36,

43—44).

Of

the

estimated

14.0

million

tons

generated

in

Illinois in 1976, 23

of this

amount

or

3.2

million

tons

of

special

waste

was hauled by the

special

waste

hauling

industry

for

disposal

and

recycling

of

the

wastes

•

The

remainder

of

the

special

waste

is

being

disposed

of,

treated

or

recycled

on

site

by

the generator.

If the 1976 estimates

are correct, 600,000 tons of special waste were probably

illegally

disposed

of

by

waste

haulers

without supplemental

permits

(R. 418—19, Exh.

116, 25—27).

The regulations proposed by the Agency establish

much-needed

controls,

which

in

addition

to

the

supplemental

permit

requirements

of

Chapter

7,

are

intended

to

eliminate

illegal

disposal

in

this State.

Under this Chapter, the

generator

or

deliverer

would

be

prohibited from delivery of

special

waste

for off-site shipment or hauling without

providing

a

signed

manifest

form with

the

quantity

and

composition

of

the

special

waste

to

a

properly

permitted

special

waste

hauler with the final disposition site listed

on the form.

The special waste hauler must obtain a special

waste

hauling

permit

in

a

manner

prescribed

by

this

Chapter

and

is

required

to

deliver

the

special

waste

to

the

pre-

determined

site.

Failure

to comply with the provisions of

this

Chapter,

Chapter

7

or

Title

V

of

the

Act

are

subject

to penalties of $10,000 for each violation and a maximum

33—134

---

—5—

Since it is the intention of these special waste

hauling regulations to monitor the off-site transportation

and disposal of significant amounts of special waste in

Illinois not previously regulated, the Board has provided

an exemption for the generators of small quantities of

special waste

220

pounds

(100 kilograms) or less, per

month

in Rule

210.

Rule 211 provides exemptions from

permit and manifest requirements for certain haulers when

engaged

in the transportation of special wastes in accordance

with other existing statutory and regulatory requirements.

In those instances,

the special waste haulers are adequately

regulated by the provisions

in the state and federal laws

or regulations enumerated in each exemption.

In its final form,

the Board finds that the provisions

of this Chapter are not in conflict with federal and state

laws and regulations and that the Chapter is drafted in a

manner which is consistent with the applicable USEPA guide-

lines proposed pursuant to the Resource Conservation and

Recovery Act of 1976.

SPECIAL WASTE

Essential to the development of a workable special

waste program is the formulation of a practicable definition

for special waste.

For a number of years difficulties have

been encountered in defining what wastes are hazardous and

thereby require supplemental controls.

On October

1,

1975,

the Illinois General Assembly enacted Public Act 79-762,

an

amendment to Section

21(e) which included a definition of

“hazardous refuse.”

The definition

is as follows:

For the purposes of this Section

Section

21

of the Envircnmental Protection Act,

“hazardous refuse” shall mean refuse with

inherent properties which make such refuse

difficult or dangerous

to manage by normal

means including but not limited to chemicals,

explosives, pathological wastes, and wastes

likely to cause fire.

On April

4, 1972,

the Agency proposed nearly identical

language for the identification of

“hazardous waste”

in regula-

tory proceeding R72-5, Chapter

7:

Solid Waste Rules and Regula-

tions.

The proposed definition was adopted by the Board on

July 19, 1973,

and was incorporated into the Rule 104 definitions

33—135

---

—6—

of that Chapter.

Since then,

the Agency has found the

“hazardous refuse” definition extremely broad and all—

inclusive.

For this reason, the Agency has had continuing

difficulty in developing policy for interpreting what

liquid and hazardous waste and sludges pursuant to Rule 310

(b) of Chapter

7 require supplemental permits.

In this

proposal, the Agency has taken a different approach for

the identification of

“hazardous refuse” or

“hazardous

waste” by developing the definition of “special waste”

(R.

43—44,

315).

As proposed,

“special waste”

includes three sub-

divisions:

Industrial Process Effluent

(IPE)

Pollution Control Residual

(PCR),

and

Hazardous

Waste.

“Industrial process effluent” and “pollution control

residual” were intended to include nearly all the “special

waste” while the definition of “hazardous waste” will be

restricted to wastes which are particularly hazardous when

criteria and listing

are

promulgated by the USEPA.

The

Agency claims that the simplified description and illustra-

tions

of IPE and PCR provide the breadth necessary to in-

clude the diversity of waste effluents and residuals generated

by industry and municipalities.

The definitions were also

intended to allow for identification of special waste by

Agency field personnel

at the industrial or municipal facility

without cumbersome procedures or the need for sophisticated

field detection devices

(R.

43—46)

While the IPE and the PCR definitions have merit in

simplifying Agency field operations and identification pro-

cedures,

the definitions are too broad for the purposes of

this Chapter.

Instead of

“industrial process effluent” and

“pollution control residual,”

“industrial process waste”

and “pollution control wastes”

shall be incorporated into

this Chapter to

define those effluents

and residuals generated

and not pretreated or discharged to a sanitary sewer system

by industrial and municipal concerns which pose present and

potential threat to human health and to the environment.

This

matter will be developed more fully in latter sections of

this opinion.

33—136

---

—7—

NEED FOR THE REGULATION

Until the enactment of the Environmental Protection

Act, little,

if any, attention was devoted to the disposal

of liquid,

sludge or hazardous wastes in landfills in

Illinois.

The Illinois Department of Public Health adopted

Refuse Disposal Rules in 1966 which allowed disposal of

these wastes in landfills on written approval of the IDPH,

but policy at that time discouraged landfilling of such

wastes.

That policy, which carried over into the Agency,

was modified in 1972 and

36 permits for the disposal of

liquids, sludge and hazardous waste were issued by the

Agency during that year

(Exh,

#36,

3;

R.

36).

On realization that large quantities of such wastes

were being handled in a potentially unsafe and environmentally

unsound manner, the Agency began in 1974 to encourage the

disposal of

special wastes at

selected landfills capable of

handling such material.

In

1975, the Agency issued over 800

supplemental permits allowing landfill disposal of 2.4 million

tons of liquids, sludges and hazardous, or potentially

hazardous,wastes.

Based on current figures, the Agency

estimates that about 2,000 supplemental permits will be

issued in calendar year 1978 controlling the land disposal

of about 2.75 million tons of special wastes in

47 properly

permitted landfills

(Exh.

#16,

25—27;

Exh.

#36,

3—4;

R.

36,

483)

Despite the noticeable improvements in the special

waste disposal practices in this State, the Agency, and ETA

Engineering,

Inc.

in its Economic Impact Study, report that

large quantities of special waste generated in Illinois are

not accounted for.

The ETA Economic Impact Study estimates

that approximately 600,000 tons of special waste annually

is illegally disposed of in Illinois with projected increases

of 10

per year

(Exh.

#16,

25-27).

According to Agency witnesses,

improper disposal

practices have caused death and threatened the environment.

In September,

1975,

a compactor at a sanitary landfill located

in Cook County blew up,

setting the landfill on fire and

killing an employee.

Investigations that followed indicated

that drums containing explosives, hidden under refuse, escaped

the attention of landfill employees until one of the drums

exploded

(R.

25-30).

Agency personnel testified that the Agency has virtually

no knowledge of the individual disposal practices of the metal

plating waste generators.

In an industry with wastes con-

taining high concentrations of heavy metals and cyanide,

the

Agency can identify the waste streams of fewer than twelve of

33— 137

---

—8--

the 105 metal platers.

According to Agency and other reports,

clandestine dumps have been discovered in this State

in

sensitive areas where

the potential for environmental damage

is most acute;

in gravel pits,

quarries and on flood plains

(R.

39—41),

In Byron, Illinois, liquid waste with heavy

metal and cyanide components were dumped above a water—bearing

rock formation which caused death to livestock and disrupted

the water supply of dozens of private well owners.

In Rock—

ford,

Illinois, nine wells were abandoned due to ground water

contamination from Rockford’s Peoples Avenue Landfill which

had received residential, commercial and industrial wastes

in a former sand and gravel pit over a 25—year period

(R.

39—41;

Exh.

#19,

5—20).

Under the supplementary permit system, Rules

210 and

310(b)

in Chapter

7

rr’.any generators have initiated good faith

efforts to properly dispose of their waste with reputable

haulers.

However, others apparently have found it more

economical not to comply with supplemental disposal require-

ments.

In some instances, waste haulers have been known to

haul liquid waste for 2 cents

per

gallon where legal disposal

costs of the wastes are at least

3 cents per gallon.

More-

over, the Agency has discovered through unannounced inspections

of landfill sites and other methods, illegal disposal practices

including puncturing of liquid waste drums with picks and

disposal of special wastes without the necessary permits

(R.

39—41;

196—98),

~

PCB 76—18,

21 PCB 451

(May 20,

1976); Consolidated Fr

a~~ta1, PCB 76-107

(October 4,

1978)

Without the proper safeguards,

manufacturers claim that

they have no guarantee that their wastes will reach the in-

tended disposal site.

Reputable disposal sites often incur

the expense of procuring supplemental permits for the generator

without ever receiving the waste.

Liquid waste haulers are

forced to compete with scavengers who resort to illegal practices.

The Agency testified that

3 million gallons per month of per-

mitted industrial waste was not being delivered for disposal

(R.

37,

39—41,

212—15)

PERMIT, MANIFEST, RECORDKEEPING

AND REPORTING REQUIREMENTS

Subtitle C of the Resource Conservation and Recovery

Act of 1976 mandates a national hazardous waste management

program which provides for state administration of a hazardous

waste program after the state has received interim or full

authorization pursuant to Section 3006.

Among the requirements

for interim authorization, the state must demonstrate to

the

USEPA:

33—138

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—9—

1.

An existing state hazardous waste manage-

ment program;

2.

Substantial equivalence of the state program

to the federal program requirements;

3.

An authorization plan showing how the state

authority necessary for full federal authoriza-

tion will be developed.

The Agency is seeking interim authorization under Section 3006

of the Federal Act.

Section 22 of the Environmental Protection Act provides

the Board with the authority to adopt regulations under Title

V of the Act which prescribe the following:

“Standards for the dumping of any refuse,

and standards for the handling, storing,

processing,

transporting and disposal of

any hazardous refuse.

For the purposes

of this Section,

‘hazardous refuse’

shall

mean refuse with inherent properties which

make such refuse difficult or dangerous

to manage by normal means including but

not limited to chemicals, explosives,

pathological wastes,

and wastes likely

to cause fire.”

Under these provisions of Section 22, it is clear that

the Board has broad discretion in its choice of methods to

promote the purposes of the Act.

The regulation as proposed

by the Agency is

intended to identify the movement of special

waste in Illinois under a cradle—to—grave tracking system to

ensure that special waste reaches its intended destination

in Illinois.

While the USEPA has announced no intention of requiring

a transporter permit program pursuant to Section 3003 of RCRA,

the Agency believes that a special waste hauling permit system

is necessary to ensure that only reputable haulers transport

special waste.

According to the Agency,

it is not the object

of such a provision to control the transportation of special

waste per Se,

but to identify the special waste haulers to

assure that management of special waste from generation to

receptor site is properly monitored and controlled to eliminate

improper disposal.

Other states with similar concerns have

established permit requirements for waste haulers.

The record

indicates that Indiana, Wisconsin and New Jersey require special

waste haulers

to be licensed before transporting liquid, hazardous

or special wastes within their respective states

(Exh.

28,

36;

Att.

#5 and #6).

33—139

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—10—

The Board agrees that a special waste hauling permit

program is an essential link in the development of a com-

prehensive special waste program.

It is necessary for

the Agency to identify and to collect data on special waste

transporters

in this state and, when necessary,

to file

complaints before the Board to revoke the hauling permit

in

the event of serious misconduct.

The Agency believes that Rules 501(A)

through

(E)

establish a manifest system which, with the permit requirement,

will provide a comprehensive system for controlling the

movement of special waste

in this state.

Since there is

no economic incentive to

transport or properly dispose of

special waste, the Agency has found it necessary to devise

a special waste manifest system consistent with the require-

ments of

RCRA

which requires the participation of the generator

or deliverer of the special waste, the hauler and the receiver.

The Agency believes and the Board agrees that a com-

prehensive cradle—to—grave system is necessary to check the

vast amounts of illegally disposed special waste.

FEDERAL PREEMPTION

During the January 19,

1977, hearing, Mr. Fred Uhlig,

Chief of the Bureau of Legislation of the Illinois Department

of Transportation,

testified that certain rules in this

Chapter, specifically the special waste hauling permit re-

quirements

in Part

II are preempted by the Hazardous Material

Transportation Act

(HMTA)

(P.L.

93-633)

and the Resource

Conservation and Recovery Act of 1976

(RCRA).

According to

the IDOT, liquid and hazardous waste

(special waste)

regulated

by this Chapter is currently included in the definition of

“hazardous materials” under HMTA and the mandate of RCRA

is limited to providing a system which does not interfere

with the transportation of the waste

(Conference Committee

Report House Report No.

94-1491).

Mr. Uhlig also stated that

Section 3005 of

RCRA

provides for hazardous waste disposal,

treatment and storage but does not include transportation

of hazardous waste

(R.

62-67).

At the state level, Mr.

Uhlig cited laws passed by the

General Assembly including P.A. 79-1443 and P.A.

79—1442

which respectively requires the IDOT to regulate transportation

of

“hazardous materials” and authorizes the same to control

hazardous material emergency response accidents.

33—140

---

-11-

In determining whether

a state or local law or

regulation

is preempted

by

federal action,

the

U.S.

Supreme

Court has required a finding of

(1)

a “clear and manifest”

Congressional purpose for total federal preemption;

or

(2) whether the state law or regulation stands as an obstacle

to the accomplishment and execution of the full intent of

Congress.

Kelly v. Washington,

302 U.S.

1,

10

(1937)

;

Hines

v.

Davidowitz,

312 U.S.

52,

67

(1941);

Florida Lime and

Avocado Growers

Inc.

v. Paul,

373 U.S.

132,

141

(1963);

Kewanee Oil v. Bicron,

416 U.S.

470

(1974).

In this matter,

the IDOT conceded that the HMTA did

not preempt Section

22(c)

of the Act per se, only the

standards pursuant to the Act which are inconsistent with the

HMTA

(R.

83).

The IDOT stated that under Section 105, the

Secretary of Transportation

is authorized to adopt “rules

and regulations governing the transportation of hazardous

materials.”

Section 103 of the HMTA defines hazardous materials

in a manner which IDOT claims includes “hazardous waste” as

“a substance or material

in a quantity and form which may pose

an unreasonable risk to health and safety or property when

transported in

commerce.”

49 USC 1802(2).

According to the IDOT, the HMTA empowers the Secretary

of Transportation to regulate all aspects of transportation

and provides the authority to preempt inconsistent state

regulations

(R.

76-78).

The IDOT further claims that under

Section 112 (a), the USDOT may preempt any state “requirement

•

.

.

which is inconsistent with any requirement set forth in

this Chapter

(HMTA)

or in a regulation issued under this

Chapter.”

49 USC 1811 (a)

However, given the entire record, the HMTA and its

legislative history, the Board must conclude that the U.S.

Congress had no intention of providing such comprehensive

authority over hazardous materials to the U.S. Department of

Transportation.

According to Conference Committee Report No.

93-1083, the Committee rejected the House of Representatives’

version which intended to provide control over all aspects

of hazardous material transportation and adopted a Senate

amendment which limited the authority of the Secretary of

Transportation to regulations for the safe transportation of

hazardous materials in commerce:

(I)ncluding but not limited to the packing,

repacking, handling,

labeling, making

(sic),

placarding ard routing of hazardous materials

(in cooperation) with the ICC before issuing

such regulations

(Exh.

#34,

7687).

33—141

---

—12—

Furthermore, other aspects of the HMTA provide

for

adoption,

in lieu of preemption,

of state requirements which

are inconsistent with the HMTA,

Section 112(b)

states

in

pertinent part:

Any requirement of

a State

•

.

.

which

is

not consistent with any requirement set

forth in this chapter or in a regulation

issued under this chapter,

is not preempted

if

upon

the

application

of

an

appropriate

State agency,

the Secretary determines

that such requirement

(1) affords an equal

or

greater

level

of

protection to the public

than

is

afforded

by the requirements of

this chapter or of regulations issued under

this chapter and

(2)

does not unreasonably

burden commerce.

Such requirement shall

not

be preempted to the extent specified

in such determination by the Secretary for

so long as such State or political sub-

division thereof continues to administer

and enforce effectively such requirement.

Since Section

112(b)

makes provision for state laws and

regulations which are inconsistent with the HMTA or regulations

thereunder,

it

is clear that Congressional purpose harbored no

“clear and manifest” intent in favor of total and exclusive

federal control

of the HMTA subject matter and, therefore,

preemption pursuant to the first test of the U.S.

Supreme

Court

is not in issue

For inconsistent state regulations to

be preempted under the HMTA,

the Board finds that pursuant

to

the

Supreme

Court’s

second

test,

there

must

be direct

and

positive conflict between the provision of this Chapter and

the HMTA or regulations thereunder which would not meet the

waiver requirements under Section 112(b)

of the HMTA.

Since

the hearings have concluded on this matter,

the

USEPA and the USDOT have published regulations concerning

hazardous wastes transportation requirements.

On April

28,

1978, the USEPA proposed “Standards for Hazardous Waste

Transporters”

(43 FR 18506,

Exh.

#26),

and the USDOT published

amendments

to Title 49 for the “Transportation

of Hazardous

Waste”

(43 FR 22626,

Exh.

#27).

Afterward,

the USEPA and the

USDOT met to work

out possible preemption problems which may

exist between the two proposals,

and as of this date, both

parties have expressed the intention to jointly promulgate

the entire set of transportation regulations by the spring of

1979

(Exh.

#28).

While we hope that problems over the

interpretation of RCRA and the HMTA would be resolved at the

33—142

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—13—

federal level this spring,

the Board cannot afford to

suspend decision on this Chapter until

then.

Under Section 22(c)

of the Environmental Protection

Act, the Board

is authorized to set standards

“for the

handling,

storing, processing, transporting and disposal of

any hazardous refuse.”

(emphasis added)

.

The proposed regu-

lations before us include rules applying to generators or

deliverers and receivers

of special waste and special waste

haulers.

In Part IV of this proposed Chapter,

the Agency has

proposed vehicle numbers and special waste symbols which are

intended to incorporate the regulations promulgated by the USEPA, the

IDOT and the USDOT.

Part V of the proposal establishes a

six—part manifest form which the Agency maintains simultaneously

meets the requirements of the USEPA for manifests and the

USDOT-IDOT for shipping papers

(Exh.

#28,

36).

The special waste management system established by

this Chapter includes provisions which address the problems

peculiar to special waste.

Unlike the “hazardous material”

definition,

“special waste”

is so difficult to describe that

it warrants supplemental definitions and criteria for identi-

fication purposes

in addition to tables and listings.

Special

waste

is also unique in that

it provides no economic incentive

for the generator, hauler or receiver of special waste to

dispose of it properly or transport it to the designated dis-

posal, treatment or storage facility.

The record indicates

that the participants resort to less expensive measures which

may threaten human health or the environment.

It is imperative,

therefore, that the agency which operates the special waste

management program monitor the movement of special waste in

the hands of the generator, hauler and the receiver of special

waste and maintain an inventory of the special waste as it

passes through the system.

In Chapter

9,

the special waste

hauling permit of Part II and the manifest requirements of

Part V are essential components, not for transportation safety,

but for comprehensive control of special waste.

On May 25,

1978, the USDOT published regulatory amend-

ments for the inclusion of “hazardous waste” as a hazardous

material

in Title 49.

While the USDOT sought to align regula-

tions with USEPA transportation proposals for hazardous waste,

the proposed amendments made no provisions for the specific

problems which are addressed in this Chapter.

The Board,

therefore, believes that this Chapter will provide protection

from the human health or environmental problems of special

waste without being an unreasonable burden to commerce or in

conflict with state or federal transportation laws and

regulations.

33—143

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—14—

EMERGENCY CONTINGENCY EPISODES

In considering the scope of this Chapter

in light

of the “special waste” definition,

the Board has found that

the manifest and the permit requirements of this Chapter and

the supplemental permit requirements of Chapter

7 would apply

to any accidental discharges which generate special waste and

thereby pose a present or potential threat to human health

or to the environment.

Where spills which occur during transportation require

immediate removal, the USEPA has proposed regulations pursuant

to Section 3003 of

RCRA

that

the

requirements for generators,

transportation and disposal, treatment or storage be suspended

for more flexible standards which focus particularly on

neutralizing and removing the waste generated by the spill

with a minimum amount of delay

(Exh.

#26).

In this regard, the Board will adopt Rule 701 which

allows the Agency to exempt those persons involved in the clean

up, transportation, disposal, treatment or storage of the special

waste generated by the spill.

The Board will require the Agency

to transmit a written memorandum of waiver to the person involved

in the spill of those requirements, which based on the particular

spill conditions, would impede the safe removal or ultimate

disposition of the waste generated by the spill.

The Agency shall

also communicate, where applicable, alternative transportation

methods and the listing of sites provided by the Agency for safe

disposal, treatment or storage of the waste generated by the spill.

Public comment by Central Illinois Power Service Company,

the Agency and others indicate concern that the scope of this

emergency exemption is limited to accidental spills during trans-

portation of special waste.

The Board finds that the scope of

this Part

is consistent with USEPA proposed regulations pursuant

to Section 3003 of RCRA

(Exh.

#26), the only reference to

emergency contingency episodes in the entire record.

The Board

will direct the Agency to adopt guidelines for emergency

contingency procedures which are consistent with Part VII and

with regulations to he promulgated under Section 3003 of RCRA.

ECONOMIC IMPACT

Pursuant to Sections

6(b)

and

(d)

of the Act, the Insti-

tute of Environmental Quality filed an economic impact study of

the proposed regulation.

This study, entitled “Economic Impact

of the Proposed Illinois Special Waste Hauling Regulations

(R76-lO),”

IIEQ Doc. No.

77/26, was admitted into the record as Exhibit #16.

Hearings on the economic impact of the proposed regulations were

held on January 11,

1978,

in Chicago, Illinois,

and on January 13,

1978,

in Springfield,

Illinois.

Mr. Roger K.

Raufer testified regarding the study and

conclusions.

Costs of the regulation were quantified

in some

detail;

benefits were discussed in a more qualitative manner.

33—144

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—15—

A summary of the calculated annual costs, both private

and public,

appears in Table

4.6 of the study

(Exh.

#16,

53)

and is reproduced below:

Table 4.6

(Exhibit 16, page 53)

Summary

of

Annual

Private

and

Public

Costs

Annual Private Costs

Generator

Hauler

Receiver

1.

Permit application

3,000

2.

Truck lettering

1,700

3.

Reporting to IEPA

47,500

25,500

24,500

4.

Returning manifest

to generator

3,800

5.

Recordkeeping

337,900

288,000

276,500

6.

Additional supple-

mental permits

9,100

7.

Filling out manifest

506,900

8.

Chemical analyses for

additional supple-

mental permits

33,250

9.

Additional disposal

costs

2,657,000

2,657,000

$4,214,650

Total

3,000

1,700

97,500

3,800

902,400

9,100

506,900

33,250

Annual Public Costs

1.

Haulers permit

2.

Manifest development and training

3.

Computer program

4.

Manifest operation

5.

Enforcement

6.

Supplemental permits

7.

Printing

Illinois EPA

1,600

3,300

10,400

111,800

52,400

8,300

7,500

$195,300

33—145

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—16—

The total annual private costs as estimated above

are $4,214,650; this total was broken down into estimates

of costs to individual industries

(Exh.

#16,

xiii).

These

estimates on an industry basis are as follows:

Table

4.

(Exhibit 16, page xiii)

Waste Generator Costs of R76-lO by Industr~

Total Costs

(dollars)

Metals

$

675,000

Chemicals

395,800

Chem.

Specialty

698,800

Food

853,000

Manufacture

538,200

Mining

Service

44,300

Utilities

1,001,400

Retail—Wholesale

7,200

Total

$4,214,650

Several assumptions which are inherent in these study

estimates deserve note.

First, the amount of special waste

disposed of illegally

is estimated to be 600,000 tons/year

(Exh.

#16, 27),

Second, the study estimated that 191,700

shipments of special waste annually will come under the

manifest system

(Exh.

#16,

29).

Third,

increased disposal

costs to generators are included in the estimated costs.

(These increases are derived from estimates of the differ-

ential cost between legal and illegal disposal.)

(Exh.

#16,

pp. 41-42.)

All three of these assumptions were disputed by

the Agency.

The Agency

contended that the 600,000 tons/year esti-

mate ~was too high

(R.

483), although indicating that there

probably were in excess of 300,000 tons/year of special waste

disposed of illegally.

The numberof manifests which would re-

sult was estimated by

the Agency to be 150,000/year

(R.

484-5).

Finally,

the Agency vigorously asserted that generators’ in-

creased disposal costs were not properly attributable to this

regulation

(R.

407; 505).

Other testimony indicated a view

that attribution of costs should consider that RCRA will re-

quire a manifest system

(R.

513).

33—146

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—17—

While the Board concedes that the best estimate in

the record for the annual amount of special waste illegally

disposed of is derived by the economic impact study from 1976

data, we cannot allow the study to suggest that the cost of

this special waste hauling program should include the assess-

ment for the legal disposal of 600,000 tons/year special

waste.

We find that a more accurate estimate of the costs

would reflect the costs for implementing the permit and

manifest system proposed or $l.557 million.

Table 4.6 of Exhibit 16 indicates costs of con-

siderable magnitude for recordkeeping.

It was noted that,

“A cost savings in the range of $500,000 may be possible,

however, if a copy of the manifest could be used for record—

keeping.”

(Exh,

#16,

78.)

The final draft of the Agency’s

proposal filed November

1,

1978, specifies that a copy of

the manifest should be so

used;

thus

the

reduced estimate

of recordkeeping cost would appear more nearly correct.

The employment impact of the proposed regulations

was called “negligible.”

(Exh.

#16,

xii.)

Price impacts

are of two types, direct and indirect.

Direct price

impacts are the increased prices a generator must pay to

legally dispose of wastes.

Indirect price impacts are

those increases in the price of a generator’s final product

which are due to increased disposal costs.

Direct price

impacts, when compared to industry sales, were found to be

“minimal.”

(Exh,

#16, xiii;

R.

396.)

Indirect price impacts

were found to be “negligible.”

(Exh.

#16, xiii;

R. 396).

Comments submitted pursuant to publication of the

proposed regulation in the Illinois Register claimed that

employment and indirect price impacts wilT pose an unreasonable

burden for industries which generate large amounts of special

waste and those programs designed to promote recycling of

special waste.

Wagner Casting Company of Decatur,

Illinois

asserted that costs of preparing manifests will be excessive

when applied to their practice of delivering 300 loads of

core sand per month to approved local landfill sites.

The

City of DesPlaines questioned the need for regulation of

waste motor oil deliveries to rerefining facilities,

but

the Institute of Natural Resources claimed that the special

waste hauling regulations will discourage inexpensive,

environmentally unacceptable waste motor oil disposal practices.

As administrators of the waste motor oil recycling program,

the Institute expects that implementation of the Chapter

9

provisions will channel currently discarded oils to recycling

facilities in this State and thereby assist in meeting the

recycling program’s goals of energy conservation.

33—147

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—18--

While the Board agrees that the total cost impact

to the public and private sector of this State is negligible,

we may not assume that there will not be an industry which

is unreasonably affected by implementation of the special

waste hauling requirements.

Where employment, direct or

indirect cost impacts are claimed to be unreasonable, the

person directly affected may seek the appropriate relief

before this Board in a variance proceeding pursuant to

Title IX of the Environmental Protection Act.

Benefits of the proposed regulation were analyzed

in a more qualitative manner than were costs.

Quantification

of benefits in this case were hindered by lack of data on

the magnitude and frequency of illegal disposal and by the

diverse characteristics of the illegally dumped special waste

and the areas

in which

they were dumped

(R.

397-8).

Non-

quantified benefits include improved capability to enforce

existing regulations and increased accountability of special

waste streams

(R.

398;

Exh.

#16,

pp.

63-4).

Benefits were

also discussed in terms of actual damages from prior incidents

that might have been prevented had the proposed regulation

been in effect.

Examples of avoidable incidents included an

explosion at a landfill

(Exh.

#16,

68); contamination of

private wells

(Exh.

#16,

69;

71—72);

and

fish

kills

(Exh.

#16,

pp.

75-6).

The probability of future incidents of these types

occurring is certainly less with the manifest system than with-

out such a system.

One

benefit

of

the

proposed

regulation

for

which

a

numerical estimate was made was reduced damages related to

water hardness.

The reduction in such damages in Illinois

as

a result of the proposed regulations was estimated to be

approximately $1,000,000

(Exh.

#16,

74—75).

The nature of

the

benefits analysis decreases the

value of a straight cost-benefit analysis.

Cost-benefit

ratios cannot be developed.

There will be increased costs

due to the manifest and

permit

requirements; this may be

termed an adverse economic impact.

However, the qualitative

benefits analysis indicates,

and the Board so finds,

that

the costs of this regulation

in its final form are small

in relation to the magnitude of the problems the manifest

system should correct.

33—148

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—19—

THE PROPOSED SPECIAL WASTE HAULING

RULES AND REGULATIONS

After receiving the Agency’s seven-part final draft,

the Board included an additional part to allow for emergency

exemptions in the event of an accidental

spill by a carrier

or by the transporter or hauler while in transit to disposal,

treatment or storage sites.

Since originally submitted by

the Agency, the text of this proposal has undergone numerous

revisions.

The Board has incorporated further changes in

accordance with certain proposals submitted to the Board

during public comment period which are consistent with the

requirements of RCRA and meet the substantive and procedural

requirements of the Act.

PART I:

INTRODUCTION

101

Authority,

Policy and Purposes

The rule which has been subject to many revisions during

the course of this

proceeding

is self—explanatory as revised.

102

Severability

This

is the standard severability rule which is intended

to preserve the integrity of this Chapter and the validity of

its rules in the event that a rule,

a part or some portion of

this Chapter

is adjudged invalid.

103

Definitions

The rule lists definitions of which “Act,”

“Agency,”

“Board,” “person,” “refuse,”

“garbage,”

“septic tank pumpings,”

“site,” and

“storage” require no explanation.

The “tank,”

“truck,”

“truck tractor,” and “vehicle” definitions will be

discussed more fully in Part

IV.

Other definitions derived

from Section 1004 of RCRA are as follows:

“Disposal” from Section 1004 (3)

“Person” from Section 1004 (15).

“Manifest” from Section 1004(12).

“Solid waste”

is included in Rule 102 under the

definition of “waste” and is intended to be synonymous with

the solid waste definition in Section 1004(27) of RCPA and

state requirements.

The definitions of garbage and refuse

are included to further refine the broad definition of

“waste.”

33—149

---

—20—

“Special

waste

hauler”

has

been

revised

in

order

to

exclude sluicing, appurtenances, conveyor systems and other

stationary conduits thus restricting the definition of the

word “transport”

to

conventional modes of transportation.

The

Board

has

included the definitions of “reclamation”

and “treatment” to reflect applicable federal definitions in

Section 1004 of RCRA.

The definition of “spill”

is derived

from

Section

250.21(26)

as

published

by

the

USEPA

in

the

~~~lReister

(See 43

FR

58946,

58976, December 18,

1978).

During the public comment period, the Board received

comments from the Agency to include the definitions of “permitted

storage

facility”

and

“permitted

treatment

facility,”

as

well

as

proposed

revisions

to

“permitted

disposal

site,”

The

Board

accepts the Agency proposals and will adopt the definitions

as

follows:

“Permitted

disposal

site”

means

a

sanitary

landfill

or other type of disposal

site including hut not limited to a

deep well,

a pit, apond,

a lagoon or an impoundment which has 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 disposal.

“Permitted storage site” means any site used for the

interim containment of special waste prior to disposal or

treatment which has a current, valid operating permit issued

by the Agency under 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.

“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 a

current,

valid operating permit issued by

the Agency under 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.

As stated in this opinion, the terms “industrial

process effluent,”

“pollution control residual” and “hazardous

waste” have been

revised by

the Board;

the subsets of

“special

waste” will

be divided into “industrial process waste,”

“pollution control waste” and “hazardous waste.”

It is the

intention of the Board to include within industrial process

waste and pollution control waste those wastes which pose

33—150

---

—21—

a threat to human health or to the environment not currently

handled by pre-treatment or discharged to a sanitary system.

Included

in the

“industrial process waste” definition

will be the following words

(underlined):

performance of a service, 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.

Industrial process waste

includes

but

is

not

limited

to

Included

in the “pollution control waste” definition

will be the following words

(underlined):

..

from the air,

water or land, 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 land-

fill difficult to manage by normal means.

Pollution control waste includes but is not

limited to

In proposing the “hazardous waste” definition, the Agency

intends to include within the scope of

“special waste” those

wastes which are particularly hazardous

as defined by federal

guidelines and

therely eliminate any requirement

for the Agency

to maintain lists or develop criteria for hazardous waste.

The

Agency testified that it

is nearly impossible to formulate a

complete list of hazardous waste from the more than 100 elements

and the perhaps million organic compounds.

Other states which

have prepared lists of hazardous waste have discovered many

pitfalls in maintaining a complete list and determining dose—

response concentrations of hazardous waste from the limited

amount of existing data and research

(B.

44,

323—25).

The Board will not require the Agency to undertake this

task.

While the record indicates many problems in establishing

and maintaining

a hazardous waste list and/or its quantities

and concentrations, the Board further notes that the hazards

of the waste cannot

be

assessed solely by determining chemical

or physical properties of the waste

in the laboratory; other

factors including the performance of the waste in the environ-

ment must also be considered.

Liquids, sludges and hazardous

wastes are currently subject to the supplemental permit re-

quirements of Chapter

7.

Any waste,

in large quantity, with

a significant liquid fraction,

is difficult to manage at a site

or facility which is designed and operated for the disposal of

the usual domestic and commercial wastes.

Common sense dictates

33—151

---

—22—

the classification and handling of waste material; the

supplemental permit system for special wastes as administered

by the Agency has proven satisfactory and we find no reason

to require the Agency to engage in the production of another

“list” to supersede the

criteria

now in use and which the

Agency is well equipped

to

apply.

Finally, although closer control of the disposal of

hazardous waste is a major objective of these regulations,

it is not the only objective.

There are many other types

of waste which must be prudently handled,

simply because of

sheer volume or form,

and

these regulations are also designed

to that end.

PART

II:

SPECIAL

WASTE HAULING PERMITS

201

Special Waste

Hauling

Permits

-

General

In the proposed final order, the Board modified Rule

201 to ensure that special waste hauling permits are limited

to the transportation of special waste generated within

Illinois or for disposal of storage or treatment within

Illinois.

It

is not the intention of the Board to include

interstate hauling of special waste, those generators and

haulers exempt under Rules 210 and 211 of this Part, nor

is Rule 201 intended to regulate on-site transportation of

special waste.

In responding directly to the concerns of Central

Illinois Power Service Company, Allied Chemical Company and

Standard Oil Company of Indiana during the public comment

period,

the Board must state that Rule

201 and other provisions

of this Chapter were not drafted to include on-site trans-

portation or movement of “special waste” as defined in this

Chapter or of “hazardous waste” pursuant to Subtitle C of RCRA

and regulations promulgated thereunder.

The Board further finds the phrase “shall haul or

otherwise convey” overly broad

in that the definition of

“convey” includes transfer by sluicing appurtenances and

other stationary conduits.

The Board will hereby substitute

the verb “transport”

for “convey” to limit the intended scope

of this rule to conventional modes of transportation and

thereby exclude sluices, conveyor systems and conduits.

33—152

---

—23—

Rule 201 will therefore be modified as follows:

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 or unless the waste hauler

is exempt from

the permit requirements under this Part.

Rule 802 provides

that

the special waste hauling permit

requirements shall become enforceable 120 days after the

effective date of this Chapter

202

Applications for Special Waste Hauling Permit

—

Contents

Rule 202 lists the information required by the special

waste hauling permit requirements including certification re-

quirements by the owner and operator to promote sound operation

and maintenance practices among the special waste haulers of

this State.

The Board will amend Rule 202(C) (1)

in order

to

make the environmental requirements for loading, hauling and

unloading consistent with the provisions of this Chapter,

the

requirements of the Act and federal laws.

Rule 202(C) (1) will

be amended as follows:

Special waste loading, hauling and unloading

shall be conducted in compliance with all

applicable state and federal laws and regu-

lations.

Rule 202 (C) (4) will also be amended to reflect the

same purpose:

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 the release of

a dangerous or toxic gas or in violation of

any applicable state or federal law and

regulation.

203—

209

Application Requirements and Permit Rules

Application procedures for special waste are derived

largely from the permit provisions adopted by the Board

in

Chapter

7.

Since these provisions have been thoroughly tested

under Chapter

7, few revisions are necessary.

33—153

---

—24—

However, the Board finds that the Agency’s final

action provisions

in Rule 204(B)

are more clearly stated

with

the

following

inclusion:

If the Agency fails to take final action

(which

includes granting or denying the special waste

hauling permit as requested, or by granting the

~~ia1

waste haulin

t 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 filed.

The Board will also amend proposed Rule 204(C)

to

require that notices of final action shall be sent to the

applicant by Registered or Certified Mail Return Receipt

Requested

(R. 246),

210—

211

Exemptions

The exemptions adopted in Rule

210 and 211 are designed

to exclude the small special waste generator and certain classes

of special waste haulers from the permit and manifest requirements

of this Chapter.

Rule 210 will exempt the small generator

producing 220 pounds or less of special waste per month from

the special waste hauling permit requirements of Part II and

the manifest provisions of Part V.

According to a five state

survey submitted to the USEPA concerning the industrial waste

in New Jersey, Texas,

Illinois, Tennessee and Maryland,

a 220

pound exemption would permit control of 99.5 to 99.9 percent

of the industrial waste

to be regulated by the USEPA.

The

study also indicated that this exemption would exclude up to

60 percent of the generators.

(See 43 FR 58946,

58969,

December 18,

1978.)

The Board will adopt

Rule

210 as follows:

Any person who generates a total quantity of

special waste of 220 pounds

(100 kilograms)

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 manifest provisions

in Part V of this

Chapter.

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.

33—154

---

—25—

In the Agency Brief dated September 11,

1978

(Exh.

#36,

17), the Agency proposed that each exemption

include explicit language excepting each exempt special

waste hauler from the manifest requirements and from

attendant reporting and recordkeeping requirements

in

the following manner:

need not obtain a special waste hauling

permit or car~y~

and cornplete a manifest

under these Regulations.

The Board will accept this proposed revision as con-

sistent with our amendments to Rule 501(A) which restricts

the manifest requirement to those who deliver to permitted

special waste haulers.

To qualify for an exemption under Rule 211, the special

waste hauler must meet two criteria.

First, the special waste

hauler must be subject to current statutory or regulatory

guidelines.

The second prerequisite requires that the special

waste hauler must haul only the special waste or waste—type

denominated in the exemption.

If other special waste is hauled,

the exemption from the special waste hauling permit requirement

will not apply.

In this final draft, the proposed regulation lists

exemptions for septic tank haulers

(Rule 211(A))

and for

rendering haulers

(Rule 211(D)) who haul only those respective

wastes because both are licensed and regulated under existing

state statutes.

Haulers transporting only oil and gas

extraction wastes

(211(E))

and radioactive wastes

(211(F))

are

presently regulated under other statutory provisions and

thereby qualify for this exemption.

Haulers who are regulated

by the Illinois or Interstate Commerce Commissions would be

exempt under Rule 211(G), and persons hauling only livestock

waste

(211(B))

or water or wastewater treatment plant sludge

(211(C)) which are covered by existing Agency guidelines would

not be required

to comply

with the requirements of this Chapter.

During this regulatory proceeding,

representatives of

utility companies proposed that fly ash generated from the

burning of coal although designated as a special waste could

be utilized beneficially in fertilizers and for other uses

(R.

272—73,

351).

The Agency indicated that fly ash is a

relatively

inert,

generally

harmless

special

waste

which

also

has

application

as

a

filler

or

a

base

in

construction

projects

(Exh.

#36,

16),

In view of these circumstances, the Board

will adopt Rule 211(H) which exempts those who haul only coal

combustion fly ash.

33—155

---

—26—

In a concurrent proceeding,

R77—l2, Docket C, the

Agency has propose3. that digested municipal sludges uncon-

taminated by large

quantities

of industrial waste be con-

sidered for application to farmland at nitrogen agronomic

rates.

Since the proposed final draft was submitted to

the Board, the USEPA has

stated that

it is considering

exempting sludge

generated by

publicly owned treatment works

from the requirements of

RCRA

and

to control sludge manage-

ment under Section 405(d)

of

the Clean Water Act.

In light

of this development, the Board will reserve consideration

of the sludge exemption

from the

requirements of this

proposed Chapter for

the concurrent

proceeding R77-l2,

Docket B.

Until the Board makes a decision upon Docket B,

the pollution control waste exclusion of water and wastewater

treatment plant sludge

and the Rule

211(C)

exemption will

continue as

part

of

this Chapter.

PART III:

DELIVERY OF SPECIAL WASTE TO,

AND ACCEPTANCE OF SPECIAL WASTE FROM,

SPECIAL WASTE HAULERS

At the outset, the Board will change the titles of

Rules

301 and 302.

Rule 301 will read “Requirements for

Delivery of Special Waste to Haulers,” and “Requirements

for Acceptance of Special

Waste

from Haulers.”

301

Requirements for Delivery of Special Waste to Haulers

This rule

in Part III

requires that in selecting a

waste hauler, the person making delivery must determine that

the

hauler has

a current, valid special waste hauling permit

(R.

239).

However,

Rule

301

does not make explicit a con-

current responsibility that a manifest must be provided upon

delivery to the special waste hauler, completed in accordance

with the requirements

of Part V.

The Board will

hereby

include the reference to Part V

to eliminate unnecessary confusion for those regulated by

this Chapter.

The revised form will include the following:

No person shall

deliver

any special waste

generated within Illinois or for disposal,

storage or

treatment

within Illinois unless

that person

concurrent~y

delivers a manifest

completed in accordance with Part V of this

Chapter to

a

special waste

hauler who holds

a current, valid special waste hauling permit

issued by the Agency under Part

II of this

33—156

---

—27—

302

Requirements for Acceptance of Special Waste from

Haulers

Under Rule 302(A), no facility may accept special

waste from a hauler who does not hold a current, valid special

waste hauling permit issued by the Agency.

Rule 302(B)

requires

that the waste hauler deliver special waste to the permitted

site which possesses all necessary permits for the waste load

pursuant to Chapter

7:

Solid Waste Regulations and Agency

guidelines.

While Rule 302(A)

clearly delineates certain

responsibilities for

the

permitted class of special waste

haulers and the receivers of special waste, Rule

302(A)

will be amended to clarify references to applicable re-

quirements in the manifest document in Part V.

As revised, Rule 302(A)

shall include the following:

No person shall accept any special waste for

disposal, storage or treatment within Illinois

from a special waste hauler unless the special

waste hauler has a valid special waste hauling

permit issued by the Agency under Part II

of

this Chapter and concurrently presents to the

receiver of the special waste, or his agent,

a

completed,

signed manifest as required by Part

V of this Chapter, which manifest designates

the receiver’s facility as the destination for

the special waste.

In response to numerous comments and suggestions for

revision during the public comment period,

the Board will

combine the special waste hauling responsibilities of Rules

302(B)

and 302(C)

into one rule.

As revised, Rule 302(B)

will prohibit the special waste hauler from delivering special

waste to a disposal site or to a storage, transfer, treatment

processing incineration, recycling or reclamation facility

without all applicable permits required by the Act and Board

regulations.

Rule 302(B)

shall read

as follows:

No person shall deliver special waste in Illinois

for purposes of 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 applicable

p~rmitsas required by the Act and Board

regulations.

33—157

---

—28—

In this final draft, the Agency proposed Rule 802

which provides the participants of the special waste manage-

ment program with a 120-day grace period for compliance with

the provisions of Part III.

In

light of these revisions to

Part III,

the 120-day delay will be retained for all con-

current delivery

and acceptance

requirements in Part III.

PART IV:

VEHICLE AND TANK NUMBERS

AND HAZARDOUS WASTE SYMBOLS

Rules

401 and 402

refer

to numbering and labeling

requirements of vehicles

and

packages used to transport and

contain special waste.

In

particular, Rule 401 describes the

requirements for displaying permit numbers and letters on

vehicles used to transport

special

waste.

During the public

comment period,

the Board and

the

Agency received remarks

that the special waste haulers would encounter many problems

if required to place vehicle numbers on truck tractors which

correspond to the various

trailers and tanks transported by

the tractor.

The haulers submit that the truck tractors

are used to draw different trailers and tanks containing

special waste.

Often times, the tractor is leased or loaned

to other special waste haulers or borrowed by haulers during

emergencies.

The ~pecia1 waste haulers claim and the Board

agrees that the vehicle number requirement of Rule 401 would

be extremely burdensome and would unreasonably inhibit the

practical use of truck tractors.

The Board will hereby exempt

truck tractors from the vehicle number requirements of Rule 401

with the following amendment:

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

~ythe

Agency on opposite sides of the permitted

vehicle following the words,

“Licensed Special

Waste Hauler:

(number).”

Numbers and letters

shall be not less than two inches high and shall

be removable only by destruction.

Directly

adjacent to the 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.

33—158

---

—29—

In addition, the Board will include the definitions

of “truck” and “truck tractor” in Rule 103 to clarify the

provisions in Rule 401 as follows:

“Truck means any unitary vehicle used to

transport ~pecia1 waste.

“Truck tractor” means any motor vehicle

used to transport sRecial 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.

Rule 402 was originally designed to incorporate any

and all requirements for labeling of vehicles, trucks, drums,

tanks and other containers in accordance with IDOT or USDOT

regulations to eliminate the potential for overlap and conflict.

Since adoption of the proposed final draft of this

opinion on November

30,

1978, the USEPA has proposed regulations

for the labeling of packages of hazardous waste intended for

off—site shipment

(43 FR 58946,

58979, December

18, 1978).

The Board will revise Rule 402

to inform haulers of special

waste in this State of the labeling, marking and placarding

requirements of the IDOT and the USDOT and also of those re-

quirements established or to be promulgated by the USEPA

pursuant to Section 3002 of RCRA and pursuant to other statutory

authority including the Toxic Substance Control Act

(P.L.

94-469),

Sections

6,

8 and 12

(15 U.S.C.

2605,

2607,

2611).

In addition,

the USEPA has promulgated requirements pursuant to the Toxic

Substance Control Act

(P.L.

94—469)

for marking, labeling and

placarding of both vehicles and containers for transportation

of waste contaminated with polychlorinated biphenyls

(See

42 FR 7150, February 17, 1978).

Rule 402 will be revised to read:

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, the United States D~partmentof

Transportation or the United States Environmental

Protection Agency, whichever has jurisdiction.

This rule

is provided for informational purposes

only, and does not constitute an independently

enforceable regulation with respect to labeling,

marking and placarding requirements.

33—159

---

—30—

PART V:

MANIFESTS,

RECORDS, ACCESS

TO RECORDS AND REPORTING

In Part V,

the Agency has proposed numerous revisions

to clarify the obligations for each participant in the manifest

system,

their reporting and recordkeeping requirements.

In

its final form,

Rule 501 requires the person who

is required

to deliver special waste to a permitted special waste hauler

to provide a manifest that accompanies the special waste from

delivery to

the

designated

permitted

disposal, storage or

treatment site.

In instances where the deliverer of special waste

contemplates storage at an intermediate receiving site, the

Agency proposed in its

draft

on November

1,

1978 that the

deliverer would provide all manifests necessary to accompany

the special waste through all points to its final destination

(See Exh,

#37).

During public comment period, however, the

Agency revised its draft and submitted to this Board proposed

changes in the manifest system requiring intermediate storage

sites to meet the same manifest requirements as permanent

disposal

and treatment sites.

On subsequent deliveries of

special waste,

the Agency has proposed that the storage site

initiate

a new manifest document.

The Agency claims that change is necessary because

the November 1, 1978, draft is not consistent with the

evidence presented at the hearings or with current special

waste hauling practices.

Furthermore, the Agency submits

that a manifest system designed to accompany the special

waste through all contemplated intermediate points would

delay completion and filing of manifest forms and thereby

create blind spots

in the special waste tracking system.

The Agency claims and the Board will concede that

after numerous revisions these manifest requirements which

are consistent with the manifest system developed in Exhibit

#36, Attachment #4 is the most effective monitoring system.

The Board finds that the manifest and the permit requirements

of this Chapter will provide cradle-to-grave control over

special waste generated and transported within Illinois for

disposal, storage or treatment.

Other proposals by the Agency for further changes

to Part V include revisions to clarify specific provisions

in the text.

The Board has revised the Agency’s proposed

amendments to Part V and will hereby delete Rule 501(D)

in

its entirety and revise Rules 501(A),

(B),

(C),

(E) and

(F)

as follows:

33—160

---

—31—

501

Manifests, Records, Access to Records and Reporting

Requirements

A.

Any

person who delivers special waste to a

permitted special waste hauler shall complete

a manifest to accompany the special waste

from delivery to the destination of the special

waste.

The manifest which shall be provided

or prescribed by the Agency shall, as a minimum,

contain the name of the generator of the special

waste; when and where generated; name of the

person from whom delivery is accepted and

the name of the site from which delivered;

the name of the special waste hauler;

the

special waste hauling permit number; the date

of delivery; the final disposal, storage or

treatment site; and the name and quantity

of the special waste delivered to the hauler.

B.

The manifest shall be signed by the person who delivers

special waste to a special waste hauler, such signature

acknowledging such delivery.

The manifest shall also be

signed by the special waste hauler, such signature

acknowledging receipt of the special waste.

The person

who delivers special waste to a special waste hauler

shall send one copy of the manifest signed by the

deliverer and the special waste hauler to the Agency

within two working days and shall retain one copy

as

a record. The remaining four copies 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

hauler, such signature acknowledging acceptance of

the special waste.

C.

A permitted site which receives special waste for

disposal, ~

or treatment of special waste

must be designated on the manifest as the final

destination point.

Any subsequent delivery of the

special waste or any portion or product thereof

to

a special waste hauler shall be conducted

under a manifest initiated by the permitted

disposal, storage or treatment site.

D.

B--

In all cases, the special waste hauler shall

deliver three copies of the completed, signed

manifest to the person who accepts delivery of

special waste from the hauler.

The special

waste hauler shall retain one copy of the corn-

pleted, signed manifest as

a record of delivery

to a permitted disposal, storage or treatment

site.

In addition, at the end of each month,

33—161

---

—32—

or such other longer period of time approved

by the Agency, the owner and the operator of

the permitted disposal, storage or treatment

site who accepts special waste from a special

waste hauler shall submit a copy of each

completed,

signed mainfest received during that

period to the Agency, and shall send one copy

of the completed manifest to the person who

delivered the special waste to the special

waste hauler.

E.

P--

Every person who delivers special waste to a

special waste hauler, every person who accepts

special waste from a special waste hauler and

every special waste hauler shall retain a copy

of the special waste manifest as a record of all

special waste transactions.

These copies shall

be retained for three years and shall be made

available at reasonable times for inspection

and photocopying by the Agency.

As stated earlier

in this opinion, Rules 501(A),

(B),

(C)

and

(D) describe in detail the functions of the manifest

system proposed by the Agency and lists the requirements of

all participants as the manifest passes upon delivery to the

special waste hauler to the final receiving site.

Rule 501(E)

enumerates recordkeeping requirements.

Rule 501(A) requires

the person delivering special waste to concurrently supply

the special waste hauler with a six-part manifest form contain-

ing the name of the source of the special waste, the person who

delivered it

and the name of the special waste hauler who

has accepted the waste

load.

The manifests must also include

the date of delivery and the name and quantity of the special

waste.

Rule 501(B)

requires that the manifest include

signatures of the one who delivered the special waste and

the special waste hauler acknowledging receipt to accompany

the special waste load.

After the special waste hauler signs the manifest, the

person who delivered the manifest shall receive one copy as

a record and send another copy to the Agency within two working

days.

The remaining four copies will travel with the

special waste

to the destination on the manifest. According

to Rule 501(C), the special waste must be delivered to the

permitted disposal, storage or treatment site on the manifest

form.

33—162

---

—33—

Upon receipt of the special waste load at the final

permitted disposal, storage or treatment site, the receiver

or his agent shall sign the four manifest copies and return

one copy to the hauler as his record.

The receiving site

who retained three copies

shall keep one

as

a record.

At

the end of each month or longer period designated by the

Agency,

the receiver of the special waste is required by

Rule 501(D)

to send one copy to the person who delivered

the special waste and to mail the remaining copy to the

Agency with other completed manifests received during the

designated period.

Rule 501(E)

requires the person initiating delivery

of special waste,

the special waste hauler and the receiver

of special waste to retain the copy of the special waste

manifest as record of the special waste transaction for

a period of three years.

The Board finds that the manifest system in this

final form and the attendant recordkeeping requirements

provide comprehensive control for the transportation of

off—site disposal, storage and treatment of special waste.

However,

the Board has learned that certain administrative

agencies including the Metropolitan Sanitary District of

Greater Chicago, the U.S. or Illinois DOT and possibly the

USEPA have or may require persons within their respective

jurisdiction to complete and carry shipping papers or

duplicate manifest forms for special waste in addition to the

manifest required by this Chapter.

It has been the intention

of this Board since the beginning of this proceeding to

establish a special waste hauling program for Illinois which

required a minimum amount of additional paperwork.

The Board

trusts that federal, state and municipal administrative agencies

will develop means

for reducing the amount of paperwork as

these monitoring programs mature.

PART VI:

DURATION OF SPECIAL WASTE HAULER

PERMITS

AND

TANK NUMBERS

601

Duration of Special Waste Hauler Permits and Tank

Numbers

Rule 601

as revised limits the duration of special

waste hauling permits and tank numbers to one year and requires

renewal of special waste hauling permits be made by application

90 days prior to the expiration date.

33—163

---

—34—

PART

VII:

EMERGENCY CONTINGENCY

REQUIREMENTS FOR

SPILL EPISODES

Rule 701 provides the Agency with the authority to

exempt in writing any person involved in a spill episode, who

generates special waste,

from the special waste hauling permit

and manifest requirements of this Chapter and Chapter

7 as

is

necessary to expedite safe removal and proper disposition of

all the wastes generated by any accidental release.

As stated

above,

the Agency is required to develop spill episode re-

gulations which are consistent with the regulations to be

promulgated under Section 3003 of RCRA.

Rule 701 will be amended to include a statement

proposed by the Agency which clarifies the nature and the

extent of the emergency exemption as follows:

the Act and Board regulations.

The existence

of a written exception from this Agency under this

Part shall

not

constitute a defense to a violation

of the Act or of this Chapter except for those

requirements specifically stated

in the written

exception.

PART VIII:

COMPLIANCE DATES FOR CHAPTER

Part VIII was incorporated to provide for the different

effective dates of specific provisions of this Chapter.

Under

Rule 801,

the introductory material and the definitions and

the emergency contingency requirements will become enforceable

on the effective date of this Chapter.

Other provisions in-

cluding the special waste hauling permit requirements in Part

II and the concurrent requirements enumerated in Part III will

become effective on the 120th day of the effective date of

this Chapter.

The Board will amend Rule 802 to include the

vehicle numbers, the special waste symbol requirements of

Part IV and the manifest system requirements of Part V.

Rule 802 shall read:

Every person subject to the provisions of

Rule 201,

301,

302,

401,

402 and 501 shall

comply with such rules e~—a~-a?~ef

120 days

after the effective date of this Chapter.

33—164

---

—35—

FINDINGS AND CONCLUSIONS

The Board has reviewed the record in this proceeding

and finds that the procedural requirements of the Act and

the Rules regarding the adoption of these Rules as Chapter

9:

Special Waste Hauling Regulations, have been fulfilled.

FINAL ORDER

The Board will adopt Chapter

9:

Special Waste Hauling

Regulations

as set forth below.

The Board hereby authorizes

that these adopted rules be submitted for publication in the

Illinois Register and the Environmental Register.

RETENTION OF JURISDICTION

The final federal regulations pursuant to Sections

3001,

3002 and 3004 of the Resource Conservation and Recovery

Act of 1976 were proposed by USEPA on December 18,

1978, but

are not expected to be finally adopted until January,

1980.

Due to the preemptive character of RCRA and the

resulting USEPA regulations, the Board will retain jurisdiction

in this proceeding until the USEPA regulations are finally

adopted so that Chapter

9 can be expeditiously conformed to

the final federal enactment,

as necessary.

33—165

---

—36—

FINAL

ORDER

ILLINOIS

POLLUTION

CONTROL

BOARD

RILES AND REGULATIONS

CHAPTER

9:

SPECIAL

WASTE HAULING REGULATIONS

PART

1:

INTRODUCTION

101

Authority, Pol

cy~nd

Purposes

Pursuant to the authority contained

in Sections

5,

10,

13

and

22

of

the

Environmental

Protection

Act,

and consistent with the policy

and.

purposes ex-

pressed

in Section

20 thereof, the Board adopts

the following Rules and Regulations.

These rules

prescribe the procedures

for issuance of permits

to

special

waste

haulers;

for

the

inspection

and

numbering of vehicles;

arid 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.

102

Severability

If

any

provision

of

these

rules

or

regulations

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 Chapter as a whole,

or of any

other part,

sub-part,

sentence or clause thereof

not adjudged invalid.

103

Definitions

“ACT”

means

the

Illinois

Environmental

Protection

Act.

“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

33—166

---

—37—

thereof may enter the environment or he emitted

into

the

air

or

discharged

into

any

waters,

including

ground

waters.

(See

“Waste,”

“Special

Waste”

“GARBAGE”

is

waste

resulting

from

the

handling,

processing,

preparation,

cooking,

and

consumption

of food,

and wastes from the handling, processing,

storage and sale

of produce

(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 character-

istics

or

listing,

as

hazardous

pursuant

to

SectionS

3001 of Resource Conservation and Recovery Act of

1976,

42 U.S.C.

par.

6901 et

seq.

or pursuant to

Agency guidelines consisteñf~ifh the requirements

of the Act and Board regulations.

“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 pose a present

or potential threat to

human

health

or

to

the environ-

ment or with inherent properties which make the dis-

posal 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 uncon-

taminated packaging materials, uncontaminated machinery

components, general household waste,

landscape waste

and construction or demolition debris.

33—167

---

—38—

“MANIFEST” means the form provided or prescribed

by the Agency and used for identifying name,

quantity,

arid the origin,

routing, and destination

of special waste during its transportation from the

pojnt of generation to the point of disposal, treat-

ment,

or storage, as required by this Chapter or

by the Resource Conservation and Recovery Act of

1976,

42 U.S.C., par.

6901 etseci.,

or regulations

thereunder.

“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

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 Il of Chapter

7,

specifically permitting the

siLe 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 which has 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.

“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 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.

“PERSON” means any individual, partnership,

co—

partnership,

firm, company, corporation, associa-

tion, joint stock company,

trust,

estate,

political

subdivision,

state agency,

or any other legal

entity or their legal representative,

agent or

assignee.

33—168

---

—39—

“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, scrubler sludges and chemical spill cleanings.

“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 pro-

visions of the Ill.

Rev.

Stat.,

1977,

Ch.

111 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.

“SITE” means any location, place or tract of land

and facilities used for collection,

storage, dis-

posal or treatment of special waste.

“SOLID WASTE”

(see “Waste”).

“SPECIAL WASTE” means any “hazardous waste,” “in-

dustrial process waste”

or

“pollution control waste.”

“SPECIAL WASTE HAULER” means any person who transports

special waste from any location.

“SPILL” means any accidental discharge of special

waste.

“STORAGE” means the interim containment of

special

waste prior to disposal or treatment.

“TANK” means any bulk container placed on or carried

by a vehicle to transport special waste,

including

wheel mounted tanks.

33—169

---

—40—

“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” in-

cludes

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 trans-

port special waste which

is designed and used for

drawing other vehibles and not so constructed as to

carry

a

load

other

than

a

part

of

the

weight

of

the

vehicle

and

load

so

drawn.

“VEHICLE” means any device used to transport special

waste in bulk or in packages,

tanks

or other containers.

“WASTE” means any garbage,

refuse,

sludge from a

waste treatment plant, water supply treatment plant,

or air pollution control facility or other discarded

material,

including

solid,

liquid,

semi-solid,

or

contained gaseous material resulting from industrial,

commercial, nining 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., par.

1251 et seq.

or source, special

nuclear, or byproduct material as defined by the

Atomic Energy Act of 1954,

42 U.S.C., par. 2011 et seq.

or radioactive materials discarded in accordance

with the provisions of “Illinois Revised Statutes,

1977, Chapter 111 1/2,

par.

230.1 et seq.

,“

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.

111 1/2, par.

211 et seq.

as now or hereafter amended.

33—170

---

—41—

“Waste”

as here defined is intended to be öonsistent

with the definition of

“solid waste” set forth in

Section 1004(27)

of Resource Conservation and Recovery

Act of 1976,

42 U.S.C.,

par. 6901 et seq.

PART II:

SPECIAL WASTE HAULING PERMITS

201

Special Waste Hauling Permits

—

General

No person shall

haul

or otherwise transport any

spe~ialwaste 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.

202

Applications for Special

Waste

Hauling Permit

-

Contents

Applications for special waste hauling permits shall

be made on application forms prescribed by the Agency

which as a minimum shall require the following infor-

mation:

A.

Name,

address, telephone number and location

of the vehicle owner and operator applying

for the permit.

13.

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 the

operator identified in Rule 202(A)

that:

(1)

Special waste loading, hauling and

unloading will be conducted in com-

pliance with all applicable state

and federal laws and regulations.

(2)

All vehicles and tanks used in special

waste hauling will be clean ~nd in

good repair at all times when so em-

ployed.

33—171

---

—42—

(3)

All vehicles,

tanks and associated

piping,

valving, etc., will be con-

structed 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 appli-

cable state or federal law and

regula-

tion.

(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 seq.

203

A~E~4~tions

for

Special Waste

.Hauling Permit

-

~9~atures

and

Authorization

All special waste hauling permit applications shall

be signed by 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.

204

Applications for Special Waste Hauling Permit

-

Filing

and Final Action by

the

Agency

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.

33—172

---

_43~..

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

filed.

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 the

date

that

the

noticeof

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.

205

~pecial

Waste Haulin~~i~çonditions

A.

In granting special waste hauling permits

hereunder,

the

Agency

may

impose

such

condi-

tions

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.

206

Special

Waste

Hauling Permit Revision

A special waste hauling permit issued hereunder

is automatically modified to include any relevant

change

in the Act or Board regulations.

The Agency

33—173

---

—44--

shall revise any special waste hauling permit issued

by the Agency under this Part to make the permit

compatible with any such relevant changes and

so

notify

the

permittee.

Failure

of

the Agency to

issue

a

revised

permit

shall

not

excuse

the

per—

mittee from compliance with any such change.

207

Transfer of Special Waste HaulingPermits

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.

208

~

Revocation

Violation

of any special waste hauling permit con-

ditions or failure

to comply with any provisions of

the Act or with any Board regulation shall

be

ground

for sanctions

as provided in the Act, in-

cluding revocation of the permit as therein pro-

vided.

209

Permit No Defense

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.

210

General Fxemption from Special Waste Hauling Permit

Requirements

Any person who generates a total quantity of special

waste of 220 pounds

(100 kilograms)

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 manifest provisions

in Part

V of this Chapter,

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.

33—174

---

—45—

211

Exemptions for Special Waste

Haulers

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 seq., and

who hauls only septic tank pumpings, need not

obtain a special waste hauling permit or carry

and complete a manifest under this Chapter.

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 or carry and

comDlete

a

manifest

under

this

Chapter.

C.

Any person

who hauls only municipal water

or wastewater treatment plant sludge pursuant

to established Agency policy need not obtain

a special waste hauling permit or carry and

complete a manifest under this Chapter.

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

s~., 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 or carry and complete a

manifest under this Chapter.

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_seq.,

and who hauls only oil and

gas extrac?ion w~stesas defined therein need

not obtain a special waste hauling permit or

carry and complete a manifest under this Chapter.

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 seq.,

need not obtain a special waste hauling permit or

carry and complete a manifest under this Chapter.

33—175

---

—46—

G.

Any person holding a permit or certificate

issued by the Illinois CommerceCommission

or the Interstate Commerce Commission and

who handles only shipments pursuant to

a

bill of lading in accordance with such

Commission’s regulations need not obtain

a special waste hauling permit or carry and

complete a manifestunder this Chapter.

H.

Any

person who hauls only coal combustion fly

ash need not obtain

a special waste hauling

~permit or carry

and

complete a manifest under

this Chapter.

PART III:

DELIVERY OF SPECIAL

WASTE TO,

AND

ACCEPTANCE OF SPECIAL

WASTE

FROM,

SPECIAL

WASTE

HAULERS

301

Requirements for Delivery of Special Waste to Haulers

NO

person shall deliver any special waste generated

within Illinois or for disposal, storage or treatment

within Illinois unless that person concurrently

delivers

a manifest completed in accordance with

Part V of this Chapter

to

a special waste hauler who

holds

a current, valid special waste hauling permit

issued by the Agency under Part II of this Chapter.

302

Requirements for Acceptance of

Special

Waste from

Haulers

A.

No person shall accept any special waste for

disposal,

storage or treatment within Illinois

from a special waste hauler unless the special

waste hauler has

a valid special waste hauling

permit issued by the Agency under Part II of

this Chapter and concurrently presents to the

receiver of the special waste, or his agent,

a completed, signed manifest as required by

Part V of this Chapter, which manifest

designates the receiver’s facility as the

destination for the special waste.

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

33—176

---

—47--

per~mitsrequired by Chapter

7,

as well as

all

other

applicable

permits

as

required

by

the Act and Board regulations.

PART

IV:

VEHICLE NUMBERS AND SPECIAL WASTE SYMBOLS

401

Vehicle

Numbers

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

an~shall

be removable only by destruction.

Directly adjacent to said words and number,

the

vehicae owner and operator shall display a seal

furnished by the Agency which shall designate

the date on which the permit was issued.

402

Special Waste S~ymbols

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 independently

enforceable

regulation

with

respect

to

labeling,

marking and placarding requirements.

PART V:

MANIFESTS, RECORDS, ACCESS

TO RECORDS AND REPORTING

501

Manifests, Records, Access to Records and Reporting~

~~ments

A.

Any person who delivers special waste to a

permitted

special waste hauler shall complete

a manifest to accompany the special waste from

delivery

to

the

destination

of

the

special

waste.

33—177

---

—48—

The manifest which shall be provided or

prescribed by the Agency shall, as a minimum,

contain the name of the generator of the special waste;

when and where generated; name of the person

from whom delivery is accepted and the name

of the site from which delivered; the name

of the special waste hauler; the date of delivery;

the final disposal, storage or treatment site;

and the name and quantity of the special waste

delivered to the hauler.

B.

The manifest shall be signed by the person who

delivers special waste to a special waste

hauler,

such signature acknowledging such

delivery.

The manifest shall also be signed by

the special waste hauler, such signature

acknowledging receipt of the special waste.

The person who delivers special waste to a special

waste hauler shall send one copy of the manifest

signed by the deliverer and the special waste hauler

to the Agency within two working days and shall

retain one copy as a record.

The remaining four copies

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 hauler, such signature acknowledging

acceptance of the special waste.

C.

A permitted site which receives special waste

for disposal, storage or treatment of special

waste must be designated on the manifest as the

final destination point.

Any subsequent

delivery of the special waste or any portion or

product thereof to a special waste hauler shall

be conducted under a manifest initiated by the

permitted disposal, storage or treatment site.

D.

In all cases, the special waste hauler shall

deliver three copies of the completed,signed manifest

to the person who accepts delivery of special waste

from the hauler.

The special waste hauler shall

retain one copy of the completed,

signed manifest as

a record of delivery to a permitted disposal,

storage or treatment site.

In addition,

at the end of

each month, or such longer period of time approved by

33—178

---

—49—

the Agency,

the owner and the operator of

the permitted disposal, storage or treatment

site who accepts special waste from a special

waste hauler shall submit a copy of each

completed,

signed manifest received during

that period to the Agency, and shall send

one copy of the completed manifest to the

person who delivered the special waste

to

the special waste hauler.

E.

Every person who delivers special waste

to a

special waste hauler, every person who accepts

special waste from a special waste hauler and

every special waste hauler shall retain a

copy of the special waste manifest as a

record of all special waste transactions.

These

copies shall be retained for three years and

shall be made available at reasonable times for

inspection and photocopying by the Agency.

PART

VI:

DURATION OF SPECIAL WASTE

HAULER PERMITS AND TANK NUMBERS

601

Duration of Special Waste Hauler Permits and Tank

Numbers

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

application forms prescribed

in Rule 202 of

this Chapter.

PART VII: EMERGENCY CONTINGENCIES

FOR SPILL EPISODES

701

General provision

In order to facilitate the clean-up, transportation

or safe treatment, storage or disposal of any waste

33—179

---

—50—

generated by an accidental release of any material

or special waste within Illinois which consitutes

a present or potential threat to health or to the

environment,

the Agency may give written exception

from the procedural requirements

of this Chapter

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 regulations.

The existence of a written exception from this

Agency under this

Part shall not constitute a

defense to

a violation of the Act or of this Chapter

except for those requirements specifically stated

in the written exception.

PART VIII:

EFFECTIVE DATE

801

Except as otherwise provided in this Part VIII,

any

person subject to the provisions

of this Chapter shall

comply with such provisions on and after the effective

date of this Chapter.

802

Every person subject to the provisions of Rule 201,

301,

302,

401,

402 and 501 shall comply with such

rules

120 days after the effective date of this

Chapter.

Mr. Goodman concurred.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board hereby certify the above Opinion and Order

was adopted on March 15,

1979,

by a vote of 5-0.

Christan

Illinois Pollution

.rol Board

33—180