ILLINOIS POLLUTION CONTROL
    BOAPD
    IN THE MATTER OF:
    SPECIAL WASTE
    )
    R76-lO
    HAULING REGULATIONS
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young) (Proposed Final):
    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
    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~sfinal 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
    (Exhibit #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.
    32—1
    81
    —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 them
    into the record as Group Exhil.it #36.
    After designating
    the Agencyts final draft as Exhibit
    #37 and receiving
    it
    into the record, the Hearing Officer closed the record
    on November
    6,
    1978.
    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 management of special
    waste
    in transit as
    it passes 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 be controlled and monitored under a
    32—182
    —3—
    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).
    The USEPA has also circulated draft regulations
    dealing with “Criteria,
    Identification and Listing of
    Hazardous Waste”
    (Section 3001,
    Exh.
    #23 and #24)
    .
    “Standards
    for Generators of Hazardous Waste”
    (Section 3002,
    Exh.
    #25)
    and “Standards for Owners and Operators of Hazardous Waste
    Storage, Treatment, and Disposal Facilities”
    (Section 3004,
    Exh.
    #29 and #36, Attach.
    #10).
    According to the most recent
    time schedule,
    the Subtitle C proposed regulations are due
    for publication
    in the Federal Register by January, 1979.
    The USEPA expects
    to promulgate these 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-lO 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 human 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.
    #16,
    25—27).
    32—183
    —4—
    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 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 re-
    quired to deliver the special waste to the predetermined
    site.
    Failure to comply with the provisions of this pro-
    posed Chapter, Chapter 7
    or Title
    V of the Act are subject
    to penalties of $10,000 for each violation and a maximum
    of $1,000 per day of violation.
    The Agency asserts that the final draft is 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 guidelines proposed pursuant to
    the Resource Conservation and Recovery Act of 1976
    (see
    Exh.
    36, Parts
    II
    & V).
    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 Environmental Protection Act,
    “hazardous refuse” shall mean refuse with
    inherent properties which make such refuse
    difficult or dangerous to manage by normal
    means including hut 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
    32—184
    —5—
    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
    CR.
    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 he 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 parts
    of this
    Opinion.
    32—185
    —6—
    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
    32—186
    —7-.
    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
    (IL
    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 many 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
    CR.
    39—41,
    196—98).
    City of Peru, PCB 76—18,
    21 PCB 451
    (May
    20,
    1976); Consolidated Freightways
    et al, 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:
    32—187
    —8—
    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 USFP~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, hut 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).
    32—188
    —9—
    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
    (G)
    establish
    a manifest system which with a 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
    (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 transporta-
    tion 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 hut does not include transportation of hazardous waste
    CR.
    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.
    32—189
    —10—
    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 IIMTA
    CR.
    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 Congress
    had no intention of providing such comprehensive authority
    over hazardous materials to the U.S. Department
    of Transporta-
    tion.
    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 and routing of hazardous materials
    (in cooperation) with the ICC before issuing
    such regulations
    (Exh.
    #34,
    7687).
    32—190
    -11—
    Furthermore,
    other aspects of the
    IIMTA
    provide
    for
    adoption,
    in lieu of preemption, of state requirements which
    are inconsistent with the
    FIMTA.
    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
    IIMTA 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 HNTA, 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
    32—191
    —12—
    federal
    level
    by next 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
    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 this regulatory proceeding, the
    special waste hauling permit of Part II and the manifest re-
    quirements of Part V are essential components, not for transporta-
    tion 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 regula-
    tions.
    32— 192
    --13—
    EMERGENCY
    CONTINGENCY
    REQUIREMENTS
    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 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
    801 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 appli-
    cable, alternative transportation methods and the listing of
    sites provided by the Agency for sa.fe disposal,
    treatment or
    storage
    of the waste generated by the spill.
    The Board will direct the Agency to adopt guidelines
    for emergency contingency procedures which are consistent with
    regulations to be 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 Regula-
    tions
    (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.
    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:
    32—193
    —14—
    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 TEPA
    47,500
    25,500
    24,500
    4.
    Returning manifest
    to generator
    3,800
    5.
    Record keeping
    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
    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
    Total
    3, 000
    1,700
    97
    ,
    500
    3,800
    902,400
    9,100
    506,900
    33,250
    2,657,000
    $4,214 ,650
    32—194
    —15—
    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 Industry
    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 number
    of 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
    (P.
    407;
    505).
    Other testimony indicated a view
    that attribution of costs should consider that RCRA will re-
    quire
    a manifest system
    (P.
    513)
    32—195
    —16—
    While the Board concedes that the best estimate in
    the record for the annual amount of illegally disposed
    special waste 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 assessment 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 he
    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.)
    Benefits of the proposed regulation were analyzed in
    a more qualitative manner than were costs.
    Quantification
    of benefits
    in this case was 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 are dumped
    CR.
    397--8).
    Non—quantified
    benefits include improved capability to enforce existing regu-
    lations 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 without such a
    system.
    32—196
    -17—
    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 he developed.
    There will he increased costs
    due to the manifest system;
    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.
    THE PROPOSED SPECIAL WASTE HAULING
    RULES AND REGULATIONS
    The final draft of the Agency proposed regulation
    consists of seven parts, Part VIII was added by the Board
    to provide 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 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,” “permitted disposal site,”
    “septic tank pumpings,”
    “site,” “tank,”
    “truck,” and “vehicle” require no explanation.
    Others are derived nearly verbatim from the definitions
    in
    Section 1004 of RCRA.
    These are
    as follows:
    32—197
    —18—
    “Disposal”
    from Section
    1004 (3)
    “Person” from Section
    1004
    (15).
    “Manifest”
    from Section 1004(12).
    “Solid waste”
    is included in Rule 103 under the
    definition of “waste”
    (intended to be synonymous) with the
    solid waste definition
    in Section 1004(27)
    of RCRA and
    state
    requirements.
    The definitions of garbage and refuse are
    included to further refine the broad definition of
    “waste.”
    “Special waste hauler” has been revised in order
    to
    exclude sluicing and any transfer by conduit and thus
    restricting the definition of the word “transport” to con-
    ventional modes of transportation.
    Proposed definition of “reclamation” has been revised
    by the Board to reflect the definition
    in Section 1004 (22)
    of RCRA.
    “Treatment” has been adopted from Section 1004(34)
    of RCRA and reworded to comply with the requirements of
    this Chapter and
    “spill”
    is derived in part from USEPA Draft
    for Generators of Hazardous Waste, dated March
    23, 1978 in
    Section 250.21(9) (Exh.
    #25).
    As stated above,
    the suggested 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
    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 effluent
    includes but
    is not limited to
    Included
    in the “pollution control waste” definition
    will he the following words
    (underlined);
    32—198
    -19-
    from the air, water or
    land,
    e~i~
    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
    residual 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 thereby 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
    (R.
    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 Rule 210 by Rule 310 of Chapter
    7.
    Any waste,
    in large quantity, with a significant liquid fraction,
    is
    difficult to manage
    in a sanitary landfill which
    is designed
    and operated for the disposal of the usual domestic and com-
    mercial wastes.
    Common sense dictates the classification and
    handling of waste material;
    the supplemental permit system for
    special wastes
    as administered by the Agency has proven satis-
    factory 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.
    32—199
    -20—
    PART
    II:
    SPECIAL WASTE HAULING PERMITS
    201
    Special Waste Hauling Permits
    -
    General
    The Agency has modified this rule
    in its final draft
    to reflect the intention that special waste hauling permits
    are required for the transportation of special waste which
    is to he stored,
    disposed or treated within Illinois.
    The
    rule
    is intended to exempt interstate hauling of special
    waste
    through
    Illinois,
    and
    haulers
    of special waste who
    qualify for an exemption under Rule
    210
    of
    this
    Chapter.
    The Board further finds
    the phra.se “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 and conduits.
    Rule 201 will therefore be modified as follows:
    No person shall haul or otherwise transport
    any special waste within Illinois
    for dis-
    posal, treatment or storage 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
    Rule 210 of this Part.
    Rule 702 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
    and Timing of Filing
    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 Proposed 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 he conducted in compliance with all
    applicable state and federal laws and regu-
    lations.
    32—200
    -21—
    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 mix-
    ture 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.
    Pursuant to Rule 202 (D)
    ,
    the Board will permit the
    Agency to require
    a reasonable amount of additional informa-
    tion established through Agency permit procedures
    filed with
    the Secretary of State.
    203—
    209
    Application Requirements and Permit Pules
    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.
    The
    Board will 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
    (P.
    246).
    210
    Exemptions
    The exemptions proposed in Rule 210 are designed to
    exclude certain classes of
    special waste haulers from the
    special waste hauling permit and manifest requirements of
    this Chapter and to eliminate conflict with concurrent
    state
    and federal
    laws or regulations.
    In the Agency Brief dated
    September 11,
    1978
    (Exhibit #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 ths following manner:
    need not obtain
    a special waste hauling
    permit or carry and complete
    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 210, the special
    waste hauler must meet two criteria.
    First,
    the special waste
    32—201
    —22—
    hauler must be subject to current statutory or regulatory
    guidelines.
    The second requirement is 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
    210(A)) and for
    rendering haulers
    (Rule
    210(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
    (210(E)) and radioactive
    wastes
    (210(F))
    are presently regulated under other statutory
    provisions and thereby qualify for this exemption.
    Paulers
    who are regulated by the Illinois or Interstate Commerce
    Commissions would be exempt under Rule 210(G),
    and persons
    hauling only livestock waste
    (210(B))
    or water or wastewater
    treatment plant sludge
    (210(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 210(H) which exempts those who
    haul only coal combustion fly ash.
    In a concurrent proceeding, P77—12,
    Docket C,
    the
    Agency has proposed 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 pro-
    posed Chapter for the concurrent proceeding P77-12,
    Docket
    B.
    Until the Board makes a decision upon Docket B, the
    pollution control waste exclusion of wastewater treatment
    plant sludge and the Rule 210(C)
    exemption will continue as
    part of this Chapter.
    32—202
    —23—
    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
    (P.
    239).
    As proposed, however, Rule 301 does not
    make explicit a concurrent responsibility that
    a manifest
    must be provided upon delivery to the special waste hauler,
    completed
    in accordance with the requirements of Rule
    501.
    The Board will hereby include the reference to Rule
    501 to eliminate unnecessary confusion for those regulated
    by this Chapter.
    The revised form will
    include the following:
    No_person shall deliver any special waste
    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
    Under Proposed 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.
    Proposed
    Rule
    302(B) requires that the waste hauler deliver special
    waste
    to the permitted site which possesses a supplemental
    permit for the waste load pursuant to Rules 210 and 310(b)
    of Chapter
    7:
    Solid Waste Regulations and Agency guidelines.
    While Proposed 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 requirements
    in the manifest document under Rule
    501.
    32—203
    -24—
    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 con-
    currently presents to the receiver of the
    special waste, or his agent,
    a completed,
    sigped manifest as required by Rule 501 of
    this Chapter, and which manifest designates
    the receiver’s facility as the destination
    for
    the
    special
    waste.
    The special waste hauling responsibilities in Proposed
    Rule 302(B)
    will be divided into Rules
    302(B)
    and
    302(C).
    Under Rule
    302(B)
    the special waste hauler is prohibited
    from
    delivering
    special
    waste
    to
    a sanitary landfill site without
    the
    requisite
    operating
    and
    supplemental
    permits.
    Rule
    302(C)
    requires
    that
    the
    hauler
    deliver
    only
    to
    storage,
    transfer,
    treatment,
    processing,
    incineration, recycling or reclamation
    sites which have complied with applicable permit requirements
    of the Act and Board regulations.
    Rule 302(B)
    shall read as follows:
    No person shall deliver special waste
    in
    Illinois for purposes of disposal unless
    the person who accepts
    the special waste
    has a current, valid sanitary landfill
    operating permit i~i~dby the Agency
    and the necessary supplemental permits
    required by Rule 210 and 310(b)
    of
    Chapter
    7.
    Rule 302(C)
    shall he as follows:
    No
    person
    shall
    deliver special waste
    in
    Illinois
    for
    purposes
    other
    than disposal
    unless
    the
    person
    who
    accepts
    the
    special
    waste
    has
    all
    applicable
    Agency
    permits
    as
    required by the Act and Board regulations.
    In this final draft, the Agency proposed Rule 702 which
    provides the participants of
    the
    special
    waste management pro-
    gram with a 120-day grace period for compliance with the pro-
    visions of Part III,
    In light of these revisions
    to Part
    III, the 120--day delay will be retained for all concurrent
    delivery and acceptance requirements
    in Part III.
    32—204
    —25—
    PART
    IV:
    VEHICLE
    AND TANK NUMBERS
    AND HAZARDOUS WASTE SYMBOLS
    Part
    IV
    in
    Rule
    401
    and
    402
    refer
    to
    the
    numbering
    and labeling requirements of vehicles used in transport of
    special
    waste.
    While
    the vehicle and tank numbers in Rule
    401
    list
    specific
    standards
    and
    requirements, the hazardous
    waste symbols
    in Rule
    402 are designated to incorporate any
    and all requirements
    for labeling of tanks,
    vehicles, trucks
    and
    drums
    in
    accordance
    with
    IDOT
    or
    USDOT
    regulations
    to
    eliminate
    the
    potential
    for
    overlap
    and
    conflict.
    The
    Board
    will
    amend
    Part
    IV
    replacing
    the
    designation
    “special”
    for the word
    “hazardous”
    in order to make it con-
    sistent with the other parts of this Chapter.
    FART
    V:
    MANIFESTS,
    RECORDS,
    ACCESS
    TO
    RECORDS
    AND
    REPORTING
    501
    Manifest
    In Part V,
    the
    Agency
    made
    numerous
    revisions
    to
    clarify the obligations of each participant in the manifest
    system, their reporting and recordkeeping requirements, and
    additional requirements for the deliverer when the special
    waste will be delivered to intermediate temporary storage
    or transfer points.
    In its final
    form, this rule requires
    the person who delivers the special waste
    to provide the
    number
    of
    completed
    manifests
    which
    are
    necessary
    to
    accompany
    the
    special
    waste
    from
    delivery
    through
    intermediate
    points
    of
    acceptance
    at
    off-loading points, transfer
    stations,
    storage
    depots,
    etc.,
    to
    the
    permanent
    disposal or treatment special
    waste receptor site.
    To clarify these responsibilities of
    the person making delivery of special waste, Rule 501(A) will
    be
    amended
    as
    follows:
    Any
    person
    who
    delivers
    spqcial waste to a
    permitted
    special
    waste hauler shall complete
    a
    manifest
    or
    the
    manifests
    necessary to
    accompany
    the
    special
    waste
    from
    delivery
    through
    all
    contemplated intermediate points
    for storage or transfer to the final destina-
    tion of the special waste.
    In Rule 501(C),
    the Agency has proposed that the mani-
    fest requirements for special waste received at a treatment
    site be identical
    to the requirements
    for disposal sites and
    be considered as a disposal site for purposes of this Chapter.
    The Board finds that these designations are unnecessary
    in
    this Chapter where
    “treatment”
    is defined in Part
    I and the
    manifest requirements
    for treated and disposed special waste
    32—205
    —26—
    are distinguished from the obligations of stored
    or
    transferred
    special waste
    at interim points.
    Rule 501(C) will be revised
    in
    the
    following
    manner:
    C.
    A permitted site
    which
    receives special
    waste
    for
    disposal
    or
    treatment
    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
    he
    conducted
    under
    a
    manifest
    initiated
    by
    the
    permitted site.
    Rule
    501(D)
    will
    be
    incorporated
    to delineate the mani-
    fest requirements for special waste transported through inter-
    mediate points:
    D.
    A permitted site which receives special
    waste for storage or transfer at an inter-
    mediate point must he designated on the
    manifest as
    an intermediate destination.
    Any subsequent delivery of stored or
    transferred special waste or any portion
    thereof to
    a special waste hauler shall
    be provided for on the original manifests.
    Accordingly, the Board will
    include Rules
    501(C) and
    CD)
    and
    list
    Proposed
    Rule
    501
    CD)
    as
    Rule
    501 (E).
    Proposed
    Rules
    501(D)
    and
    (E)
    will
    he
    revised
    to
    reflect
    the
    changes
    made
    in
    Rules
    501(C)
    and
    (D).
    Rule
    501(A)
    shall
    he revised as follows:
    The information on these manifests may
    include
    ...
    the
    date
    of
    delivery,
    any
    intermediate
    destination,
    the
    final
    disposal
    or
    treatment
    site,
    and
    the
    name
    Rule
    501(E)
    shall read:
    In
    all
    cases,
    the special waste hauler
    -.
    send
    one
    copy
    of
    the
    completed
    manifest
    to
    the
    ~er~erate~’person who
    delivered
    the
    special
    waste.
    Should
    ~e~ve~y
    acceptance of special waste
    As discussed above, Rules 501(A),
    (B),
    (C)
    and
    (D)
    describe
    in detail the functions of the manifest system pro-
    posed by the Agency and lists the requirements of all partici-
    pants as the manifest passes upon delivery to the special waste
    hauler through any intermediate point to the final receiving
    32—206
    —27—
    site.
    Rule 501(F) enumerates recordkeeping requirements.
    Rule 501(A) requires the person delivering
    special waste
    to
    concurrently
    supply
    the
    special
    waste
    hauler
    with the
    necessary number of completed six-part manifest forms
    containing
    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, any intermediate and
    final destination,
    and the name and quantity of the special
    waste.
    Rule 501(B) requires that the manifest include signa-
    tures
    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
    its
    intermediate
    or
    final
    site.
    According
    to
    Rule
    501(C),
    the special waste must
    be
    delivered
    to
    the
    permanent
    disposal
    or
    treatment
    site
    designated
    on
    the manifest form.
    Where the special waste will be transported
    through
    storage,
    transfer
    or
    an
    off-loading point, the de-
    liverer, pursuant to Rule
    501(D), must provide a sufficient
    number of manifest forms
    to accompany the special waste
    through all contemplated intermediate points to its final
    destination.
    Upon receipt of the special waste load at the inter-
    mediate or final receiving 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 ~ho 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(E)
    to send one
    copy
    to
    the
    person
    who
    delivered
    the
    special
    waste
    and
    to
    mail
    the
    remaining
    copy
    to
    the
    Agency
    with
    all
    completed
    manifests received during the designated period.
    Rule
    501(F)
    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 and the
    attendant recordkeeping and requirements provide
    an adequate
    means for control and monitoring of special waste which
    is
    consistent with the requirements
    of RCRA.
    3 2—207
    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.
    PART
    VII:
    COMPLIANCE
    DATES
    FOR
    ChAPTER
    Part
    VII
    was
    incorporated
    to
    provide for the different
    effective
    dates
    of
    specific
    provisions
    of
    this
    Chapter.
    Under
    Rule
    701,
    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 702 to include the
    vehicle numbers,
    the special waste symbol requirements of
    Part IV and the manifest system requirements of Part V.
    Rule 702 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?~ef120 days
    after
    the
    effective
    date
    of
    this
    Chapter.
    PART
    VIII:
    EMERGENCY
    CONTINGENCY
    REQUIREMENTS
    FOP
    SPILL
    EPISODES
    Rule
    801
    provides
    the
    Agency
    with
    the
    authority to
    exempt
    in
    writing
    any
    person
    involved
    in
    a
    spill
    episode,
    which
    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 regula-
    tions which are consistent with the regulations to he promulgated
    under Section
    3003 of
    RCRA.
    FINDINGS
    AND
    CCNCLUSIONS
    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.
    32—208
    —29—
    PROPOSED
    FINAL
    ORDER
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    RULES
    AND
    REGULATIONS
    CHAPTER
    9:
    SPECIAL
    WASTE
    HAULING
    REGULATIONS
    Part
    1:
    INTRODUCTION
    101
    Authority, Policy and 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;
    and for proper hauling of
    special wastes
    to approved disposal,
    storage and
    treatment sites within Illinois.
    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 Pro-
    tection
    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
    32—209
    —30—
    thereof may enter the environment or be emitted
    into the air or discharged into any waters,
    including ground waters.
    Proper disposal will
    prevent
    such
    waste
    from
    contaminating
    the
    environment
    (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 in-
    crease
    in mortality or an
    increase
    in serious,
    irreversible, or incapacitating reversible, ill-
    ness; or pose
    a substantial present or potential
    threat to human health or to the environment when
    improperly treated,
    stored., transported or dis-
    posed of, or otherwise managed, and which has
    been identified,
    by characteristics or listing,
    as hazardous pursuant to Section 3001 of Resource
    Conservation Act, P.L.
    94-580 or pursuant
    to
    Agency
    guidelines
    consistent
    with
    the
    require-
    ments
    of the Act and Board regulations.
    ‘PERMITTED DISPOSAL SITE” means
    a sanitary landfill
    which has both
    a valid current operating permit
    issued
    by
    the
    Agency
    under
    Rule
    202
    of
    Chapter
    7
    of the Pollution Control Board Rules and Regula-
    tions and a supplemental permit issued. by the Agency
    under Rule 210 of Chapter
    7, specifically permitting
    the site
    to accept a special waste tendered for
    disposal.
    “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.
    32—210
    -31-
    “MANIFEST” means the form provided by the Agency
    and used for identifying the quantity,
    composition,
    and the origin, routing,
    and destination of special
    waste during its transportation from the point of
    generation to the point of disposal,
    treatment,
    or storage,
    as required by this Chapter or by
    the Resource Conservation and Recovery Act,
    P.L.
    94—580,
    or regulations thereunder.
    “PERSON”
    means
    any individual partnership,
    00—
    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.
    “POLLUTION CONTROL WASTE” means
    any
    liquid,
    solid,
    semi—solid or gaseous waste generated
    as a direct
    or indirect result of the removal of contaminants
    from
    the
    air, water or land,
    and which pose
    a
    present or potential threat to human health or to
    the environment or
    with
    inherent properties which
    make the disposal
    of such waste
    in a landfill
    difficult
    to manage by normal means.
    “Pollution
    Control
    Waste” includes but is not limited to water
    and
    wastewater
    treatment
    plant
    sludges, baghouse
    dusts,
    scrubber
    sludges
    and
    chemical
    spill
    cleanings.
    “RECLAMATION”
    means
    the
    recovery of material
    or
    energy from special 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 Chapter
    111 1/2 of the Illinois Revised
    Statutes, paragraphs
    211—229
    and. 230.1—230.14
    as
    now or hereafter amended
    (see ‘Waste”)
    “SEPTIC TANK PUMPINGS” means the liauid 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.”
    :32-211.
    32-213
    -32--
    “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 reclamation.
    “TREATMENT” moans 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.
    “TANK” means any bulk container placed on or carried
    by
    a vehicle to transport special waste, including
    wheel mounted
    tanks.
    “VEHICLE” means any device used to transport special
    waste
    in bulk or in tanks, drums 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 9aseous material resulting from industrial,
    commercial, mining and agricultural operations, and
    from community activities.
    “Waste”as here
    defined.
    does not include
    solid. or dissolved. material
    in
    domestic sewage,
    or solid or dissolved materials
    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,
    as amended
    (86 Stat.
    880); or source,
    special
    nuclear, or byproduct material
    as defined by the
    Atomic Energy Act of 1954,
    as amended
    (68 Stat.
    923);
    or radioactive materials discarded.
    in accordance
    with the provisions of
    “An act to authorize the
    Director of Public Health to purchase,
    lease, accept
    or acquire suitable sites for the concentration and
    storage
    of radioactive wastes,
    to provide for super-
    vision of the operation of such sites and to authorize
    the Department of Public Health to prepare and to
    enforce regulations pertaining
    to the use and opera-
    tion of such sites,”
    approved August
    16,
    1963,
    as
    now or hereafter amended,
    and as authorized by regu-
    32—212
    —33-
    lations promulgated pursuant to the “Radiation
    Protection Act,”
    approved July 17,
    1959,
    as now
    or hereafter amended.
    “Waste” as here defined is
    intended to be consistent with the definition
    of
    “solid. waste”
    set forth in Section
    1004 (27)
    of Resource Conservation
    and. Recovery Act of
    1976,
    P.L.
    94—580.
    PART
    II:
    SPECIAL WASTE HAULING PERMITS
    201
    Sj~ecia1
    Waste
    Hauling
    Permits
    —
    General
    No person shall haul or otherwise transport any
    s~ecialwaste within Illinois for disposal, treat-
    ment or storage 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 Rule 210 of this Part.
    202
    Applications
    for Special Waste Hauling Permit
    —
    Contents
    and Timinq of Filing
    Applications
    for special waste hauling permits shall
    he 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.
    F.
    A description of
    the service
    to be
    provided.,
    including the number and types of vehicles
    and tanks to he 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 and in
    good repair at all times when
    so em-
    ployed.
    (3)
    All vehicles,
    tanks and associated
    piping, valving,
    etc.,
    will be con-
    structed
    and. maintained. to prevent
    leakage
    or spillage, and shall be
    cleanable.
    -34-
    (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
    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,”
    approved September
    22,
    1975,
    as
    amended.
    203
    ~pplications
    for Special Waste Hauling Permit
    -
    Signa-
    tures 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.
    B.
    If the Agency fails
    to take final action,
    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 applica-
    tion was filed.
    32—21 4
    --35-.
    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 notice
    of final action is
    mailed.
    D.
    The
    Agency
    shall
    require
    the
    application
    to
    be complete and consistent with the provisions
    of the Act and Board regulations and may
    undertake such investigations and request
    the applicant to furnish such proof as
    it
    deems necessary to verify the information
    and statements made
    in the a~~plication. 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
    Special
    Waste
    Hauling
    Permit
    Conditions
    A.
    In
    granting
    special
    waste
    hauling
    permits
    hereunder,
    the
    Acency
    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
    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 Hauling Permits
    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.
    32—215
    -36--
    208
    Special Waste Hauling Permit Revocation
    Violation of any special waste hauling permit con-
    ditions
    or
    failure
    to
    comply
    with
    any provision
    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
    Exemptions
    from
    Special
    Waste
    Hauling
    Permit
    Reuuire—
    ment
    S
    A.
    Any
    person
    licensed
    in
    accordance with
    the
    Private
    Sewage Disposal Licensing Act,
    Illinois
    Revised
    Statutes, Chapter
    ill 1/2, Paragraph 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.
    complete
    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,”
    Illinois Revised Statutes, Chapter
    8,
    Paragraph 149 et
    seq.,
    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 regula-
    tions adopted pursuant to “An Act in relation
    32—2 16
    -37-
    to Oil,
    G.as, Coal and Other Surface and
    Underground Resources,”
    Illinois Revised
    Statutes, Chapter
    96
    1/2,
    Paragraph 5401
    et seq.,
    and who hauls only oil and gas
    extraction wastes
    as 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,
    Illinois Revised Statutes, Chapter 111 1/2,
    Paragraph
    211
    et
    seq.
    ,
    need not obtain a
    special
    waste haulinc
    permit
    or carry and
    complete
    a manifest under this Chapter.
    C.
    Any person holding a permit or certificate
    issued by the Illinois Commerce Commission
    or the Interstate Commerce Commission and
    who handles only shipments pursuant to
    a
    bill
    of
    lading
    in
    accordance
    with
    such
    Commission’s
    regulations
    need not obtain
    a
    special
    waste
    hauling
    permit
    or
    carry
    and
    complete
    a
    manifest
    under
    this
    Chapter.
    H.
    Any person who hauls only coal cor±ustion 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
    ~uirements
    for Delivery of Special Waste
    to Haulers
    No person shall deliver any special waste for dis-
    posal, treatment or storage within Illinois unless
    that
    person
    concurrently
    delivers
    a
    manifest
    com-
    pleted 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,
    treatment or storage within Illinois
    from a special waste hauler unless the special
    waste hauler has a valid
    special waste hauling
    32—217
    --38—
    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
    Fart 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
    purposes
    of
    disposal
    unless
    the
    person
    who
    accepts
    the
    special
    waste
    has
    a
    current,
    valid
    sanitary
    landfill
    operating
    permit
    issued
    by
    the
    Agency
    and
    the
    necessary
    supplemental
    permits
    reouired
    by
    Ruse
    210
    and
    310(b)
    of
    Chapter
    7.
    C.
    No
    person
    shall
    deliver
    special
    waste
    in
    Illinois
    for
    purposes
    other
    than
    disposal
    unless
    the
    person
    who
    accepts
    the
    special
    waste
    has
    all
    applicable
    Agency
    permlts
    as
    required
    h
    the
    Act
    and
    Board
    regulations.
    PART
    IV:
    VEHICLE
    NUMBERS
    AND
    SPECIAL WASTE
    SYMBOLS
    401
    Vehicle
    Numbers
    Upon
    issuance
    of
    a
    special
    waste
    hauling
    permit
    here-
    under, each vehicle used
    to transport special
    waste
    shall
    be
    issued
    a number by the
    Agency;
    such
    number
    shall
    be
    displayed
    by
    the
    owner
    and
    operator
    of
    the
    vehicle
    on
    both
    sides
    of
    the
    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
    said
    words
    and
    number,
    the
    vehicle
    owner
    and
    operator
    shall
    display
    a
    seal
    furnished
    by
    the
    Agency
    which
    shall
    designate
    the
    date
    on
    which
    the
    permit
    was
    issued.
    402
    Special
    Waste
    Symbols
    A.
    Labeling
    of
    tanks,
    vehicles
    and
    trucks
    permitted
    to
    haul
    special
    waste
    shall
    be
    in
    accordance
    with
    regulations
    adopted by the
    Illinois
    Depart-
    ment of Transportation or the United. States
    Department
    of Transportation,
    whichever has
    jurisdiction.
    B.
    Labeling of each drum utilized as a special waste
    container
    shall be in accordance with regulations
    adopted by the Illinois Department of Transporta-
    tion
    or
    the
    United
    States
    Department
    of
    Transporta-
    tion,
    whichever has jurisdiction.
    32—218
    --39-.
    PART
    V:
    MANIFESTS,
    RECORDS,
    ACCESS
    TO
    RECORDS
    AND
    REPORTING
    501
    Manifests,
    Records,
    Access
    to
    Records
    and
    Reporting
    Requi
    rements
    A.
    Any
    person
    who
    delivers
    special
    waste
    to
    a
    permitted
    special
    waste
    hauler
    shall
    complete
    a
    manifest
    or
    the
    manifests
    necessary
    to
    accompany
    the
    special
    waste
    from
    delivery
    through
    all
    contemplated
    intermediate
    points
    to
    the
    final
    destination
    of
    the
    special
    waste.
    The
    manifest
    which
    shall
    he
    provided
    by
    the
    Agency
    shall
    contain,
    as
    a
    minimum,
    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,
    any
    inter-
    mediate
    destination,
    the
    final
    disposal
    or
    treat-
    ment
    site,
    and
    the
    name,
    chemical
    content,
    con-
    centration 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
    sienature
    acknowledging
    such
    de-
    livery.
    The manifest shall also be signed by
    the special waste hauler,
    such signature
    acknow-
    ledging
    receipt
    of
    the
    special
    waste.
    The
    per-
    son
    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
    re-
    maining
    four
    copies
    of
    the
    manifest shall
    accompany
    the
    special
    waste
    shipment.
    At
    each
    intermediate
    point
    and
    at
    destination,
    the
    manifest shall
    be signed by
    each
    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
    site.
    3 2—2 19
    —40—
    D.
    A permitted. site which receives special waste
    for
    storage
    or
    transfer
    at
    an
    intermediate
    point
    must
    be
    designated on the manifest as
    an
    intermediate
    destination.
    Any
    subsequent
    delivery
    of
    stored
    or
    transferred special
    waste
    or
    any
    portion
    thereof
    to
    a
    special
    waste hauler shall be provided for
    in the
    original manifests.
    E.
    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 com-
    pleted,
    signed manifest
    as
    a record.
    In addi-
    tion,
    at the end of each month,
    or such other
    longer period
    of
    time approved by the Agency,
    the owner and the operator of the 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 Acency,
    and shall send one copy of the
    completed manifest to the person who delivered
    the special waste.
    Should acceptance of such
    special waste be
    to an intermediate point or
    points,
    supplemental manifests
    as
    needed. will
    be
    initialed,
    filled out,
    and routed
    to record
    each acceptance and delivery.
    F.
    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 tines 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
    he 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.
    32—220
    -41—
    PART
    VII:
    EFFECTIVE
    DATE
    701
    Except as otherwise provided
    in this Part VII,
    any
    person subject to the provisions of this Chapter shall
    comply with such provisions
    on and after the effective
    date of this Chapter.
    702
    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.
    PART VIII:
    EMERGENCY CONTINGENCIES
    FOR SPILL EPISODES
    801
    General
    Provision
    In
    order
    to
    facilitate
    the
    clean-up,
    transportation
    or safe treatment,
    storage or disposal of any waste
    generated
    by an accidental release of any material
    or special waste within Illinois which
    constitutes
    a
    present
    or
    potential
    threat
    to
    health
    or
    to
    the
    environment,
    the Agency may give written 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.
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board hereby certify the above Proposed Final Orde~~
    was approved for oublication and public comment on the
    _____
    day of
    _________________
    ,
    1978 by
    a vote of
    ~
    /7”
    ~
    Christan
    L.
    Moffe?t,,,~C.lerk
    Illinois Pollution’
    trol Board
    32—22 1

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