ILLINOIS POLLUTION CONTROL BOARD
December 17, 1998
IN THE MATTER OF:
NONHAZARDOUS SPECIAL WASTE
HAULING AND THE UNIFORM
PROGRAM: AMENDMENTS TO 35 ILL.
ADM. CODE 809 (PURSUANT TO P.A.
90-219)
)
)
)
)
)
)
R98-29
(Rulemaking - Land)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
This matter is before the Board on a May 8, 1998 “Motion for Acceptance” (motion)
from the Illinois Environmental Protection Agency (Agency). In the motion, the Agency
submitted a proposal requesting several changes to the rules on the transportation of hazardous
waste so that Illinois’ procedures conform to an emerging national standard. On November 2,
1998, the Agency filed a “Motion to Sever the Docket and Proposed Amendments to Parts
809 and 807” (motion to sever). In the motion to sever, the Agency requested that the Board
separate the rules on used oil transportation and used oil management facilities from the rules
on hazardous waste transportation. Accordingly, the Board adopts the proposed hazardous
waste transportation rules, with technical revisions, for first-notice publication in the
Illinois
Register
and identifies this docket as R98-29. The Board grants the motion to sever and
directs that the rules on used oil transportation and used oil management facilities be addressed
in a separate docket, R99-18. Further direction on the progress of the rulemaking for docket
R99-18, including a hearing schedule, will be set forth in orders to be issued shortly.
The Board’s responsibility in this matter arises from the Environmental Protection Act
(Act) (415 ILCS 5/1
et seq.
(1996)). The Board is charged therein to “determine, define and
implement the environmental control standards applicable in the State of Illinois.” 415 ILCS
5/5(b) (1996).
By today’s action, the Board adopts the proposed amendments for first notice, pursuant
to the Illinois Administrative Procedure Act. 5 ILCS 100/1-1
et seq.
(1996). The proposed
amendments will be published in the
Illinois Register
, whereupon a 45-day public comment
period will begin during which interested persons may file public comment with the Board.
STATUTORY/REGULATORY FRAMEWORK
In 1990, Congress amended the Hazardous Materials Transportation Uniform Safety
Act and four years later passed the Hazardous Materials Transportation Authorization Act of
1994 (HMTAA). Exh. 1 (Walters) at 1. Congress enacted the legislation in order to address
the numerous similar hazardous waste transport regulations at the state level.
Id
. Despite the
2
similarity of the regulations, interstate transporters had to apply for and carry different permits
in several states and pay the associated fees in those states. Exh. 1 (Walters) at 1; PC 1 at 1.
The HMTAA called for the creation of a working group to set uniform national
standards for the transportation of hazardous waste and to examine state permitting
requirements. 49 U.S.C. § 5119(a) (1994). The HMTAA also directed the United States
Secretary of Transportation to promulgate regulations to carry out the recommendations of the
working group. 49 U.S.C. § 5119(c) (1994). The working group first met in early 1992 and
became known as the Alliance for Uniform HazMat Transportation Procedures (Alliance).
Exh. 1 (Walters) at 4. The Alliance drafted the uniform standards and submitted a report to
the United States Secretary of Transportation in late 1993. Exh. 1 (Walters) at 5.
The Alliance requested that the Federal Highway Administration conduct a two-year
pilot project to test the Alliance’s recommended uniform standards. Exh. 1 (Walters) at 5.
The four pilot states were Minnesota, Nevada, Ohio, and West Virginia.
Id
. Based on the
pilot project, the Alliance modified the recommended uniform standards.
Id.
Even though the federal regulations are not yet in place, the HMTAA preempted the
existing Illinois hazardous waste transporter laws in the Act. Exh. 1 (Walters) at 2. The
federal preemption nullifies Illinois’ old distribution of hazardous waste permitting fees which
do not comply with the HMTAA. 49 U.S.C. § 5119(c)(2) (1994); 49 U.S.C. § 5125(g)
(1994). In May 1996, Cynthia Hilton, Executive Director of the Association of Waste
Hazardous Materials Transporters (AWHMT) contacted the Agency to alert them of the
impending federal preemptive law and to persuade Illinois to adopt the federal program in
order to avoid a lawsuit. St. of reas. at 3; Exh. 1 (Walters) at 5.
The Illinois General Assembly passed the enabling legislation (Senate Bill 378) which
was signed into law by Governor Edgar. Pub. Act 90-219, eff. July 25, 1997. Public Act 90-
219 amends Sections 22, 22.01, and 22.2 of the Act and implements the Uniform State
Hazardous Materials Transportation Registration and Permit Program (Uniform Program).
415 ILCS 5/22, 5/22.01, and 5/22.2 (1996). The law also set July 1, 1998, as the
implementation date for the Uniform Program. 415 ILCS 5/22.2(l-5)(2) (1996). The
AWHMT, the Alliance, the Illinois Trucking Association, Waste Management, and Safety
Kleen all supported the legislation. St. of reas. at 3; Exh. 1 (Walters) at 5-6.
The Agency drafted a proposal for the Illinois Uniform Program and submitted it to the
Board on May 8, 1998, in the motion. See In the Matter of: Nonhazardous Special Waste
Hauling and the Uniform Program: 35 Ill. Adm. Code 809 (Pursuant to P.A. 90-219) (May
21, 1998), R98-21, slip op. at 1. The Uniform Program primarily affects Part 809 of the
Board’s rules, but there are also minor changes to Parts 808, 811 and 855 in order to establish
consistency with the revised Part 809. On May 21, 1998, the Board accepted the matter for
hearing but ruled that the amendments to Part 855 of the Illinois Administrative Code must be
promulgated by the Agency because Part 855 is an Agency rule.
Id.
PROCEDURAL HISTORY
3
Two hearings were held in this matter before Board Hearing Officer John Knittle and
Board Member Joseph C. Yi. The first hearing was held on July 21, 1998, in Springfield.
The Agency, represented by Assistant Counsel Kimberly A. Robinson, presented witnesses
David Walters, Acting Manager of the Solid Waste Management Section, and Edwin C.
Bakowski, Manager of the Permit Section, who both summarized their respective prefiled
testimonies. See Exh. 1. The second hearing was held on July 31, 1998, in Chicago, where
Ms. Robinson, Mr. Walters and Mr. Bakowski testified again.
1
Pursuant to Public Act 90-489, effective January 1, 1998, the Board requested that the
Department of Commerce and Community Affairs (DCCA) conduct an economic impact study
for R98-29. DCCA has 30 to 45 days after such a request to produce a study of the economic
impact of the proposed rules. On July 26, 1998, DCCA issued a letter notifying the Board
that it would not conduct an economic impact study for docket R98-29 because it lacked the
technical and financial resources to conduct any economic studies on rules pending before the
Board during the remainder of fiscal year 1999. Prior to second notice the Board will schedule
a hearing to entertain any comments regarding DCCA’s decision to not conduct an economic
impact study for docket R98-29. The economic impact hearing for R98-29 may coincide with
hearings for docket R99-18.
MOTION TO SEVER
On November 2, 1998, the Agency filed the motion to sever. Under the Agency’s
original proposal, used oil management facilities would be exempt from permitting
requirements. Tr.2 at 7-9, 12. The Agency subsequently determined that certain used oil
facilities could pose a threat to human health and the environment, and, as a result, should be
subject to permitting requirements. Motion to sever at 1. The Agency believes that such
language should be adopted in a separate rulemaking. Motion to sever at 2. The Board grants
the motion to sever and establishes a separate docket, R99-18, in order to develop and clarify
rules for permitting used oil management facilities and transporters. Rulemaking procedures
for docket R99-18 will be set forth in orders to be issued shortly.
DISCUSSION
Changes in Nonhazardous Special Waste Permitting
Under the old system, the Agency has issued permits to transporters of “special waste”
according to Part 809 of the Board’s rules. St. of reas. at 4-5; 35 Ill. Adm Code 809.
Special waste includes hazardous waste as defined by the Resource Conservation and Recovery
Act (RCRA) and nonhazardous waste such as polychlorinated biphenyls (PCBs) and asbestos.
St. of reas. at 4; 35 Ill. Adm. Code 722.111; 415 ILCS 5/3.45 (1996).
In its proposal, the Agency requests that the Board bifurcate the regulations for
transportation of hazardous and nonhazardous special waste so that Illinois’ hazardous waste
1
The transcript of the July 21, 1998, hearing is cited as “Tr.1 at ”; the transcript of the July
31, 1998, hearing is cited as “Tr.2 at ”.
4
regulations under the Uniform Program comply with the HMTAA. St. of reas. at 4-5; Exh. 1
(Walters) at 10. A new Subpart J is proposed for Part 809 for the Uniform Program, while
the remainder of Part 809 is modified slightly to allow for the continued permitting of
nonhazardous special waste transporters. St. of reas. at 5.
The Agency’s proposal provides that the permitting of nonhazardous special waste
transporters will be conducted the same way that it was before the Uniform Program with a
few exceptions to allow for consistency between the Uniform Program and the existing rules.
St. of reas. at 8. For example, language has been proposed to the rules at Section 809.204(c)
so that a nonhazardous special waste transporter is afforded due process if a permit is denied,
and the Agency has a procedure to follow at Section 809.204(d) if a permit application is
incomplete.
Id
.
Finally, there are two new proposed exemptions from the nonhazardous special waste
transport rules at Section 809.211.
Id
. The exemptions avoid duplicate and potentially
contradictory transporting requirements for transporters of potentially infectious medical waste
and used tires. St. of reas. at 8-9.
Uniform Program Permitting
Under the old system, the Agency permitted transporters carrying special waste that
was generated in or which came through Illinois. Exh. 1 (Walters) at 4. Under the Uniform
Program, those transporting hazardous waste in Illinois must have a Uniform Permit issued by
the Agency. Exh. 1 (Walters) at 8. Registration of transporters is a base state system. Exh. 1
(Walters) at 2. A transporter applies to its base state for its Uniform Permit, and the base state
reviews Uniform Permit applications. Exh. 1 (Walters) at 3. A transporter’s base state can be
where its principal place of business is located or, if the home state does not participate in the
Uniform Program, the base state is where the transporter conducts a plurality of its mileage.
Exh. 1 (Walters) at 2.
AWHMT points out that the Uniform Permit application places more emphasis on
safety than the Agency’s old permit application. PC 1 at 3-4. Specifically, the Uniform
Permit application goes beyond the old application by asking transporters about their federal
safety rating, previous permit denials, suspensions, and revocations.
Id.
According the Agency’s proposal at Sections 809.911 and 809.912, if the Agency
approves the application, the Uniform Permit will be valid for three years. Exh. 1 (Walters)
at 8. Transporters will have to renew their registration every year.
Id
. If a transporter fails
to renew the yearly registration, the Uniform Permit is voided.
Id
.
The Uniform Program allows the Agency to enter into agreements with federal
agencies, national repositories, and other participating states in order to issue reciprocal
Uniform Permits that allow a transporter to operate in all participating states. 415 ILCS
5/22.2(l-5)(5) (1996); Exh. 1 (Walters) at 3-4. As a result, an interstate transporter need only
fill out one permit application, as opposed to filling out numerous permit applications under
5
the old system. The AWHMT notes that elimination of paperwork will be a great benefit to
transporters under the Uniform Program. PC 1 at 2.
As of mid-July 1998, the Agency had already issued 12 to 15 of the Uniform Permits
to companies whose special waste hauling permits expired July 1, 1998, or after. Tr.1 at 10.
Mr. Walters reported that there had been few if any problems with the Uniform Permit
process.
Id
.
Uniform Program Fees
The transporter’s base state is the one responsible for collecting the fees and
distributing percentages of those fees to other states participating in the program. Exh. 1
(Walters) at 2. Proposed Section 809.913 provides that the annual fee for the Uniform Permit
is $250 for any company that designates Illinois as its base state. 415 ILCS 5/22.2(l-5)(3)
(1996); Exh. 1 (Walters) at 3; Tr.1 at 9. The fee is based on the costs of processing the
permit. PC 1 at 2.
The Agency’s proposal at Section 809.914 sets a $20 annual registration fee for each
vehicle owned by a company subject to a Uniform Permit. 415 ILCS 5/22.2(l-5)(3) (1996);
Exh. 1 (Walters) at 3. The Agency will apportion the annual vehicle fee among Illinois and
other states based on percentage of miles traveled in those states and percentage of the
transporter’s total activity that involves hazardous waste.
Id.
Proposed Section 809.914
dictates that annual registrations must reflect the fees for apportioned miles for each
participating state. Exh. 1 (Walters) at 8. It also states that if Illinois is the base state for a
transporter, the Agency will collect vehicle registration fees and distribute those fees to other
states. Exh. 1 (Walters) at 4, 9. When another participating state is the base state for a
transporter, that state will send the appropriate vehicle fees to Illinois. Exh. 1 (Walters) at 4.
AWHMT notes that the fee formula ensures that transporters pay fair shares for using
state services. PC 1 at 3.
Audits and Enforcement
Audit and enforcement procedures are located in proposed Section 809.920. The
Uniform Program mandates that the Agency conduct audits to ensure that transporters are
accurately reporting their activity. St. of reas. at 7. The Agency may use its existing
authority under the Act to punish transporters who do not comply
Id
. The Agency may deny,
suspend, or revoke a transporter’s Uniform Permit in every state by following a national
standard (State Program Administrator’s Manual from the National Governor’s Association)
which is incorporated into the rules by reference in Section 809.104.
Id
.
AWHMT points out that under the old system, the Agency would issue permits to out-
of-state transporters but had no authority to conduct on-site audits of those transporters. PC 1
at 3. Under the Uniform Program, the Agency can rely on an auditing system that will
regulate out-of-state transporters.
Id.
Transition Period
6
The Agency’s proposed Section 809.919 provides for a transition period. Exh. 1
(Walters) at 9. Hazardous waste transporters who have an existing Special Waste Hauling
Permit will be allowed to transport hazardous waste in Illinois until June 30, 1999, or until
their existing permit expires.
Id
. Hazardous Waste transporters will then have to apply for a
Uniform Permit. As of July 1, 1998, Uniform Permits issued by other states are valid for
transporting hazardous waste in Illinois.
Id
.
Incorporations by Reference
The Agency proposes that a new Section 809.104 be added to incorporate by reference
sections from the Code of Federal Regulations (C.F.R.) and documents published by the
United States Department of Transportation and the National Governors’ Association. St. of
reas. at 6. The C.F.R. sections and the documents contain instructions, procedures, and
background information for both regulators and the regulated community.
Id
. The C.F.R.
sections and documents are available for inspection at the Clerk’s Office of the Pollution
Control Board.
Public Records
At the request of AWHMT, the Agency proposes provisions at Section 809.105 on the
confidentiality of the information that is submitted to regulators. St. of reas. at 6; Exh. 1
(Walters) at 7. In Illinois, the new confidentiality regulations will apply to the Uniform
Program and special nonhazardous waste transporters. Information submitted to the Agency or
the Board for purposes of permitting or registration can be withheld from the public if the
Illinois Freedom of Information Act (5 ILCS 14 (1996)), Board rules (35 Ill. Adm. Code
120), or Agency rules allow. St. of reas. at 6.
Technical Revisions to the Agency’s Proposal
In incorporating the Agency’s proposal, the Board moved the Subpart on the Uniform
Program from the middle of Part 809 to the end of Part 809. The Board renumbered this
Subpart in order to conform to the Secretary of State’s procedures for publishing the Agency’s
proposal in the
Illinois Register.
Renumbering the Uniform Program Subpart to the end of
Part 809 has not altered the substance of the Agency’s proposal. The Board gives the Agency
until January 15, 1999, at 4:30 p.m. to file comments on renumbering the Uniform Program
Subpart.
CONCLUSION
The Board finds that the Agency has submitted a proposal that meets the requirements
of the HMTAA and that the Uniform Program is designed so that the new rules on the
transportation of hazardous waste in the Uniform Program complement Illinois’ existing rules
on the transportation of special nonhazardous waste.
The Agency has also carefully considered the Board’s suggestions and
recommendations regarding this rule. The Agency addressed the Board’s concerns regarding
permitting used oil management facilities by changing the language from the original proposal
7
and filing a motion to sever the docket, which the Board granted. The Agency also addressed
the Board’s comments with respect to setting deadlines for the approval of Uniform Permits
and registration.
The record justifies adopting the Agency’s proposal, with technical revisions, for first
notice.
ORDER
The Board proposes for first notice the following amendments to 35 Ill. Adm. Code
808, 809, and 811. The Clerk of the Board is directed to file these proposed amendments with
the Secretary of State.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 808
SPECIAL WASTE CLASSIFICATIONS
SUBPART A: GENERAL PROVISIONS
Section
808.100
Purpose, Scope and Applicability
808.101
Transitional Rule
808.110
Definitions
808.111
Incorporations by Reference
808.121
Generator Obligations
808.122
Manifests
808.123
Small Quantity Generators
SUBPART B: CLASSES OF SPECIAL WASTE
Section
808.240
Special Waste Classes
808.241
Default Classification of Special Wastes
808.242
Special Handling Waste
808.243
Wastes Categorized by Source
808.244
Wastes Categorized by Characteristics
808.245
Classification of Wastes
SUBPART C: CRITERIA AND DATA REQUIREMENTS
8
Section
808.300
Introduction
808.301
Degree of Hazard Determination by Computer
808.302
Data Base and Bioassay Procedures
SUBPART D: REQUEST FOR WASTE CLASSIFICATION
Section
808.400
Introduction
808.401
Application Forms
808.402
Application for Waste Classification
808.410
Physical and Chemical Analysis
808.411
Significant Trace Constituents
808.412
Common Names
808.413
Wastestream Description
808.420
Quality Assurance Plan
808.430
Degree of Hazard Data
808.431
Toxicological Testing
SUBPART E: REVIEW OF CLASSIFICATION REQUESTS
Section
808.501
Order of Requesting Information
808.502
Completeness
808.503
Standard for Classification
SUBPART F: WASTESTREAM CLASSIFICATION DETERMINATIONS
Section
808.520
Time for Agency Action
808.521
Conditions of Wastestream Classification
808.522
Final Agency Action
SUBPART G: MODIFICATION, APPEAL AND ENFORCEMENT
Section
808.541
Request for Modification
808.542
Appeal
808.543
Effect of Classification
808.544
Enforcement
9
808.545
Modification
SUBPART H: CATEGORICAL AND CHARACTERISTIC WASTES
Section
808.600
Introduction
Appendix A
Assignment Of Special Waste To Classes
Appendix B
Toxicity Hazard
AUTHORITY: Implementing Sections 21, 22, 22.01 and 22.9, and authorized by Section 27 of
the Environmental Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1021, 1022,
1022.01, 1022.9 and 1027.)
SOURCE: Adopted in R89-13A at 14 Ill. Reg. 14043, effective August 15, 1990; amended in
R98-29 at 23 Ill. Reg. _________, effective ____________.
Section 808.121
Generator Obligations
a)
Each person who generates waste shall determine whether the waste is a special
waste.
BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also determine if
the waste is a hazardous waste.
b)
No person shall deliver special waste to a transporterhauler unless the waste is
accompanied by a manifest as specified in Section 808.122, and the
transporterhauler has a special waste hauling permit issued pursuant to 35 Ill.
Adm. Code 809. The following are exceptions to this prohibition:
1)
The person is subject to the small quantity generator exemption of Section
808.123.
2)
The transporterhauler and waste are subject to a transporterhauler
exemption under 35 Ill. Adm. Code 809.211.
3)
The Agency has determined pursuant to this Part that the waste is not a
special waste.
4)
The waste consists of municipal water or wastewater treatment plant
sludge regulated under a sludge management plan approved by the Agency
pursuant to 35 Ill. Adm. Code 309.208.
c)
No person shall cause, threaten or allow the treatment, storage or disposal of
special waste in Illinois except:
NO PERSON SHALL CAUSE, THREATEN
10
OR ALLOW THE TREATMENT, STORAGE OR DISPOSAL OF SPECIAL
WASTE IN ILLINOIS EXCEPT:
1)
At a facility permitted or otherwise authorized to manage the special
waste pursuant to 35 Ill. Adm. Code 703 or 807
(Sections 21(d) and (e) of
the Act); or AT A FACILITY PERMITTED OR OTHERWISE
AUTHORIZED TO MANAGE THE SPECIAL WASTE PURSUANT TO
35 ILL. ADM. CODE
703 or 807
2)
At a facility owned and operated by such person and subject to the on-site
disposal exemption of Section 21(d) of the Act
(Section 21(d) of the Act).
AT A FACILITY OWNED AND OPERATED BY SUCH PERSON AND
SUBJECT TO THE ON-SITE DISPOSAL EXEMPTION OF SECTION
21(d) OF THE ACT
d)
No person shall deliver special waste to a transporterhauler or a permitted facility
without a supplemental wastestream permit.
e)
No person shall deliver to a transporterhauler or permitted facility special waste
with a wastestream identification number unless the waste conforms with the
wastestream description in the wastestream classification determination.
(Source: Amended at 23 Ill. Reg. _______, effective ____________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 809
NONHAZARDOUS SPECIAL WASTE HAULING AND THE UNIFORM PROGRAM
SUBPART A: GENERAL PROVISIONS
Section
809.101
Authority, Policy and Purposes
809.102
Severability
809.103
Definitions
809.104
Incorporations by Reference
809.105
Public Records
SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
11
Section
809.201
Nonhazardous Special Waste Hauling Permits-General
809.202
Applications for Nonhazardous Special Waste Hauling Permit-Contents
809.203
Applications for Nonhazardous Special Waste Hauling Permit-Signatures
and Authorization
809.204
Applications for Nonhazardous Special Waste Hauling Permit-Filing and
Final Action by the Agency
809.205
Nonhazardous Special Waste Hauling Permit Conditions
809.206
Nonhazardous Special Waste Hauling Permit Revision
809.207
Transfer of Nonhazardous Special Waste Hauling Permits
809.208
Nonhazardous Special Waste Hauling Permit Revocation
809.209
Permit Defense
809.210
General Exemption from Nonhazardous Special Waste Hauling Permit
Requirements
809.211
Exemptions for Nonhazardous Special Waste Transporters Haulers
809.212
Duration of Nonhazardous Special Waste Hauling Permits
SUBPART C: DELIVERY AND ACCEPTANCE
Section
809.301
Requirements for Delivery of Nonhazardous Special or Hazardous Waste
to Transporters Haulers
809.302
Requirements for Acceptance of Nonhazardous Special or Hazardous
Waste from Transporters Haulers
SUBPART D: PERMIT AVAILABILITY VEHICLE NUMBERS AND SYMBOLS
Section
809.401
Vehicle Numbers
809.402
Nonhazardous Special Waste Symbols
SUBPART E: MANIFESTS, RECORDS AND REPORTING
Section
809.501
Manifests, Records, Access to Records, and Reporting Requirements
and Forms
SUBPART F: DURATION OF PERMITS AND TANK NUMBERS (Repealed)
Section
12
809.601
Duration of Special Waste Hauler Permits and Tank Numbers (Repealed)
SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS
Section
809.701
General Provision
SUBPART H: EFFECTIVE DATES
Section
809.801
Compliance Date
809.802
Exceptions (Repealed)
SUBPART I: HAZARDOUS (INFECTIOUS) HOSPITAL WASTE
Section
809.901
Definitions (Repealed)
809.902
Disposal Methods (Repealed)
809.903
Rendering Innocuous by Sterilization (Repealed)
809.904
Rendering Innocuous by Incineration (Repealed)
809.905
Recordkeeping Requirements for Generators (Repealed)
809.906
Defense to Enforcement Action (Repealed)
SUBPART J: UNIFORM PROGRAM
Section
809.910
Uniform State Hazardous Waste Transportation Registration and Permit
Program
809.911
Application for a Uniform Permit
809.912
Application for Uniform Registration
809.913
Payment of Processing and Audit Fees
809.914
Payment of Apportioned Mile Fees
809.915
Submittal of Fees
809.916
Previously Permitted Transporters
809.917
Uniform Registration and Uniform Permit Conditions
809.918
Uniform Registration and Uniform Permit Revision
809.919
Transfer of Uniform Registration and Uniform Permits
809.920
Audits and Uniform Registration and Uniform Permit Revocation
809.921
Permit No Defense
Appendix A
Old Rule Numbers Referenced
13
AUTHORITY: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and and authorized
by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 5/10, 5/13, 5/21, 5/22,
5/22.01, 5/22.2 and 5/27](Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1005, 1010, 1013, 1022,
and 1027); as amended by P.A. 87-752, effective January 1, 1992; and as amended by P.A.
90-219.
SOURCE: Adopted in R76-10, 33 PCB 131, at 3 Ill. Reg. 13, p. 155, effective March 31,
1979; emergency amendment at in R76-10, 39 PCB 175, at 4 Ill. Reg. 34, p. 214, effective
August 7, 1980, for a maximum of 150 days; emergency amendment in R80-19, 40 PCB 159,
at 5 Ill. Reg. 270, effective January 1, 1981, for a maximum of 150 days; amended in
R77-12(B), 41 PCB 369, at 5 Ill. Reg. 6384, effective May 28, 1981; amended in R80-19, 41
PCB 459, at 5 Ill. Reg. 6378, effective May 31, 1981; codified in R81-9, 53 PCB 269, at 7
Ill. Reg. 13640; effective September 30, 1983; recodified in R84-5, 58 PCB 267, from
Subchapter h to Subchapter i at 8 Ill. Reg. 13198; amended in R89-13A at 14 Ill. Reg. 14076,
effective August 15, 1990; amended in R91-18 at 16 Ill. Reg. 130, effective January 1, 1992;
amended in R95-11 at 20 Ill. Reg. 5635, effective March 27, 1996; amended in R98-29 at 23
Ill. Reg. , effective .
SUBPART A: GENERAL PROVISIONS
Section 809.101
Authority, Policy and Purposes
Pursuant to the authority contained in Sections 5, 10, 13, and 21, 22, 22.01, and 22.2 of the
Environmental Protection Act [415 ILCS 5/5, 5/10, 5/13, 5/21, 5/22, 5/22.01, 5/22, and
5/22.2](Ill. Rev. Stat. 1981, ch 111 1/2, pars. 1005, 1010, 1013 and 1022), and consistent
with the policy and purposes expressed in Section 20 [415 ILCS 5/20](Ill. Rev. Stat. 1981, ch.
111 1/2, par. 1020) thereof, the Board adopts the following Rules and Regulations. These
rules prescribe the procedures for the Uniform Hazardous Materials Transportation and
Registration Program and for the issuance of permits to nonhazardous special waste
transporters haulers; for the inspection and numbering of vehicles; and for proper hauling of
special wastes to approved disposal, storage and treatment sites. It is the purpose of these
Regulations to control only wastes as defined herein.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.102
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 Part as a whole or of any Subpart, Section, subsection, sentence, or clause
Section, Subsection, Sentence or Clause thereof not adjudged invalid.
(Source: Amended at 23 Ill. Reg. , effective )
14
Section 809.103
Definitions
"Act" means the Illinois Environmental Protection Act [415 ILCS 5](Ill. Rev.
Stat. 1989, ch. 111 1/2, pars. 1001, et seq.).
"Agency" means the Illinois Environmental Protection Agency.
"Base state" means the state in which a hazardous waste transporter must
obtain a uniform registration, if required by the base state, and uniform permit.
"Board" means the Illinois Pollution Control Board.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste or special waste into or on any land or water so that
such waste or special waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including
ground waters.
(Section 3.08 of the Act.)(See "Waste", "Special Waste.")
"DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION,
DUMPING, SPILLING, LEAKING, OR PLACING OF ANY WASTE OR
SPECIAL WASTE INTO OR ON ANY LAND OR WATER SO THAT
SUCH WASTE OR SPECIAL WASTE OR ANY CONSTITUENT THEREOF
MAY ENTER THE ENVIRONMENT OR BE EMITTED INTO THE AIR
OR DISCHARGED INTO ANY WATERS, INCLUDING GROUND
WATERS.
"Garbage" means the waste resulting from the handling, processing,
preparation, cooking, and consumption of food, and wastes from the handling,
processing, storage and sale of produce.
(Section 3.11 of the Act.)(See
"Waste.") "GARBAGE" MEANS THE WASTE RESULTING FROM THE
HANDLING, PROCESSING, PREPARATION, COOKING, AND
CONSUMPTION OF FOOD, AND WASTES FROM THE HANDLING,
PROCESSING, STORAGE AND SALE OF PRODUCE.
"Hazardous waste" means a waste, or combination of wastes, which because of
quantity, concentration, or physical, chemical, or infectious characteristics may
cause or significantly contribute to an increase in mortality or an increase in
serious, irreversible, or incapacitating reversible, illness; or pose a substantial
present or potential threat to human health or to the environment when
improperly treated, stored, transported or disposed of, or otherwise managed,
and which has been identified, by characteristics or listing, as hazardous
pursuant to Section 3001 of the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6901 et seq.) or pursuant to agency guidelines consistent with
the requirements of the Act and Board regulations.
"HAZARDOUS WASTE"
MEANS A WASTE, OR COMBINATION OF WASTES, WHICH BECAUSE
15
OF QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL, OR
INFECTIOUS CHARACTERISTICS MAY CAUSE OR SIGNIFICANTLY
CONTRIBUTE TO AN INCREASE IN MORTALITY OR AN INCREASE
IN SERIOUS, IRREVERSIBLE, OR INCAPACITATING REVERSIBLE,
ILLNESS; OR POSE A SUBSTANTIAL PRESENT OR POTENTIAL
THREAT TO HUMAN HEALTH OR TO THE ENVIRONMENT WHEN
IMPROPERLY TREATED, STORED, TRANSPORTED OR DISPOSED OF,
OR OTHERWISE MANAGED, AND WHICH HAS BEEN IDENTIFIED,
BY CHARACTERISTICS OR LISTING, AS HAZARDOUS PURSUANT TO
SECTION 3001 OF THE RESOURCE CONSERVATION AND RECOVERY
ACT OF 1976 (42 U.S.C. 6901 ET SEQ.) OR PURSUANT TO AGENCY
GUIDELINES CONSISTENT WITH THE REQUIREMENTS OF THE ACT
AND BOARD REGULATIONS.
Potentially infectious medical waste is not a hazardous waste, except for those
potentially infectious medical wastes identified by characteristics or listing as
hazardous under Section 3001 of the Resource Conservation and Recovery Act
of 1976, P.L. 94-580, or pursuant to Board regulations.
(Section 3.15 of the
Act.)
"Hazardous waste transporter" means any person who transports hazardous
waste as defined in Section 3.15 of the Act.
"Industrial process waste" means any liquid, solid, semi-solid or gaseous
waste, generated as a direct or indirect result of the manufacture of a product
or the performance of a service, which poses a present or potential threat to
human health or to the environment or with inherent properties which make the
disposal of such waste in a landfill difficult to manage by normal means.
"Industrial process waste" includes but is not limited to spent pickling liquors,
cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment
cleanings, paint sludges, incinerator ashes, core sands, metallic dust
sweepings, asbestos dust, hospital pathological wastes and off-specification,
contaminated or recalled wholesale or retail products. Specifically excluded are
uncontaminated packaging materials, uncontaminated machinery components,
general household waste, landscape waste and construction or demolition
debris.
(Section 3.17 of the Act.) "INDUSTRIAL PROCESS WASTE"
MEANS ANY LIQUID, SOLID, SEMI-SOLID OR GASEOUS WASTE,
GENERATED AS A DIRECT OR INDIRECT RESULT OF THE
MANUFACTURE OF A PRODUCT OR THE PERFORMANCE OF A
SERVICE, WHICH POSES A PRESENT OR POTENTIAL THREAT TO
HUMAN HEALTH OR TO THE ENVIRONMENT OR WITH INHERENT
PROPERTIES WHICH MAKE THE DISPOSAL OF SUCH WASTE IN A
LANDFILL DIFFICULT TO MANAGE BY NORMAL MEANS.
"INDUSTRIAL PROCESS WASTE" INCLUDES BUT IS NOT LIMITED
TO SPENT PICKLING LIQUORS, CUTTING OILS, CHEMICAL
16
CATALYSTS, DISTILLATION BOTTOMS, ETCHING ACIDS,
EQUIPMENT CLEANINGS, PAINT SLUDGES, INCINERATOR ASHES,
CORE SANDS, METALLIC DUST SWEEPINGS, ASBESTOS DUST,
HOSPITAL PATHOLOGICAL WASTES AND OFF-SPECIFICATION,
CONTAMINATED OR RECALLED WHOLESALE OR RETAIL
PRODUCTS. SPECIFICALLY EXCLUDED ARE UNCONTAMINATED
PACKAGING MATERIALS, UNCONTAMINATED MACHINERY
COMPONENTS, GENERAL HOUSEHOLD WASTE, LANDSCAPE
WASTE AND CONSTRUCTION OR DEMOLITION DEBRIS.
"Manifest" means the form provided or prescribed by the Agency and used for
identifying name, quantity, and the origin, routing, and destination of special
waste during its transportation from the point of generation to the point of
disposal, treatment, or storage, as required by this Part, 35 Ill. Adm. Code:
Subtitle GH, or by the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6901 et seq.) or regulations thereunder.
"Nonhazardous special waste" means any special waste, as defined herein, that
has not been identified, by characteristics or listing, as hazardous pursuant to
Section 3001 of the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6901 et seq.) or pursuant to Board regulations.
"Nonhazardous special waste hauling vehicle" means any self-propelled motor
vehicle, except a truck tractor without a trailer, used to transport nonhazardous
special waste in bulk or packages, tanks, or other containers.
"Nonhazardous special waste transporter" means any person who transports
nonhazardous special waste.
"Off-site" means any site that is not "on-site".
"On-site" means (for the purpose of transporting hazardous waste) on the same
or geographically contiguous property that may be divided by public or private
right(s)-of-way, provided the entrance and exit between the properties is at a
cross-roads intersection, and access is by crossing, as opposed to going along,
the right(s)-of-way. Non-contiguous properties owned by the same person but
connected by a right-of-way that the person controls and to which the public
does not have access, is also considered on-site property.
"Participating state" means a state that has elected to participate in the uniform
program and has entered into a reciprocal agreement.
"Permitted disposal site" means a sanitary landfill or other type of disposal site
including but not limited to a deep well, a pit, a pond, a lagoon or an
impoundment which has a current, valid operating permit issued by the Agency
17
agency under the Subpart B of this Part and a supplemental permit issued by
the Agency under the Subpart B of this Part specifically permitting the site to
accept a special waste tendered for disposal.
"Permitted storage site" means any site used for the interim containment of
special waste prior to disposal or treatment that which has a current, valid
operating permit issued by the Agency under the Subpart B of this Part and a
supplemental permit issued by the Agency under the Subpart B of this Part,
specifically permitting the site to accept a special waste tendered for storage.
"Permitted treatment site" means any site used to change the physical,
chemical or biological character or composition of any special waste, including
but not limited to a processing center, a reclamation facility or a recycling
center that which has a current, valid operating permit issued by the Agency
under Subpart B of this Part and a supplemental permit issued by the Agency
under Subpart B of this Part, specifically permitting the site to accept a special
waste tendered for treatment.
"Person" means any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, state agency, or any other legal entity or their legal representative,
agent or assignee.
(Section 3.26 of the Act.) "PERSON" MEANS ANY
INDIVIDUAL, PARTNERSHIP, CO-PARTNERSHIP, FIRM, COMPANY,
CORPORATION, ASSOCIATION, JOINT STOCK COMPANY, TRUST,
ESTATE, POLITICAL SUBDIVISION, STATE AGENCY, OR ANY
OTHER LEGAL ENTITY OR THEIR LEGAL REPRESENTATIVE, AGENT
OR ASSIGNEE.
"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.
(Section 3.27 of the Act.) "POLLUTION CONTROL WASTE" MEANS
ANY LIQUID, SOLID, SEMI-SOLID OR GASEOUS WASTE
GENERATED AS A DIRECT OR INDIRECT RESULT OF THE REMOVAL
OF CONTAMINANTS FROM THE AIR, WATER OR LAND, AND
WHICH POSE A PRESENT OR POTENTIAL THREAT TO HUMAN
HEALTH OR TO THE ENVIRONMENT OR WITH INHERENT
PROPERTIES WHICH MAKE THE DISPOSAL OF SUCH WASTE IN A
LANDFILL DIFFICULT TO MANAGE BY NORMAL MEANS.
"POLLUTION CONTROL WASTE" INCLUDES BUT IS NOT LIMITED
TO WATER AND WASTEWATER TREATMENT PLANT SLUDGES,
18
BAGHOUSE DUSTS, SCRUBBER SLUDGES AND CHEMICAL SPILL
CLEANINGS.
"Principal place of business" means the state in which a person owning
vehicles used for transporting hazardous waste maintains its central records or
majority of its records relating to the transportation of hazardous materials; or
the state in which the person owning vehicles used for transporting hazardous
waste has the plurality of its mileage.
"Reciprocal agreement" means an agreement between Illinois and another state
to participate in the Uniform Program.
"Reclamation" means the recovery of material or energy from waste for
commercial or industrial use.
"Refuse" means any garbage or other discarded materials, with the exception
of radioactive materials discarded in accordance with the provisions of the
Radiation Protection Act [420 ILCS 40] (Ill. Rev. Stat. 1989, ch. 111 1/2,
par. 211 et seq.) and "AN ACT in relation to the concentration and storage of
radioactive waste" [420 ILCS 35/1] (Ill. Rev. Stat. 1989, ch. 111 1/2, par.
230.1 et seq.) as now or hereafter amended. (See "Waste.")
"Septic tank pumpings" means the liquid portions and sludge residues removed
from septic tanks.
“Site” means any location, place or tract of land, and facilities, including but
not limited to buildings, and improvements used for purposes subject to
regulation or control by this Act or regulations thereunder.
(Section 3.43 of the
Act.) "SITE" MEANS ANY LOCATION, PLACE OR TRACT OF LAND
AND FACILITIES USED FOR COLLECTION, STORAGE, DISPOSAL OR
TREATMENT OF SPECIAL WASTE.
"Solid waste" (see "Waste")
"Special waste" means
any of the following
:is as defined in 35 Ill. Adm. Code
808.110. Special waste may be either "Class A" or "Class B, " pursuant to 35
Ill. Adm. Cost 808.245.
(a)
Potentially infectious medical waste;
(b)
Hazardous waste, as determined in conformance with RCRA hazardous
waste determination requirements set forth in Section 722.111 of Title
35 of the Illinois Administrative Code, including a residue from burning
or processing hazardous waste in a boiler or industrial furnace unless
the residue has been tested in accordance with Section 726.212 of Title
19
35 of the Illinois Administrative Code and proven to be nonhazardous;
(c)
Industrial process waste or pollution control waste, except:
(1)
Any such waste certified by its generator, pursuant to Section
22.48 of this Act, not to be any of the following:
(A)
A liquid, as determined using the paint filter test set forth
in subdivision (3)(a) of subsection (m) of Section
811.107 of Title 35 of the Illinois Administrative Code;
(B)
Regulated asbestos-containing waste materials, as defined
under the National Emission Standards for Hazardous Air
Pollutants in 40 CFR Section 61.141;
(C)
Polychlorinated biphenyls (PCB´s) regulated pursuant to
40 CFR Part 761;
(D)
An industrial process waste or pollution control waste
subject to the waste analysis and recordkeeping
requirements of Section 728.107 of Title 35 of the
Illinois Administrative Code under the land disposal
restrictions of Part 728 of Title 35 of the Illinois
Administrative Code; and
(E)
A waste material generated by processing recyclable
metals by shredding and required to be managed as a
special waste under Section 22.29 of this Act;
(2)
Any empty portable device or container, including but not
limited to a drum, in which a special waste has been stored,
transported, treated, disposed of, or otherwise handled, provided
that the generator has certified that the device or container is
empty and does not contain a liquid, as determined pursuant to
item (a) of subdivision (l) of this subsection. For purposes of
this subdivision, “empty portable device or container” means a
device or container in which removal of special waste, except
for a residue that shall not exceed one inch in thickness, has
been accomplished by a practice commonly employed to remove
materials of that type. An inner liner used to prevent contact
between the special waste and the container shall be removed
and managed as a special waste; or
(3)
As may otherwise be determined under Section 22.9 of this Act.
(Section 3.45 of the Act.)
20
"Special waste transporter hauler " means any person who transports special
waste (as defined in Section 3.45 of the Act) from any location.
"Spill" means any accidental discharge of special waste.
"Storage" means the interim containment of special waste prior to disposal or
treatment.
"Tank" means any bulk container placed on or carried by a vehicle to transport
special waste, including wheel mounted tanks.
"Treatment" means any method, technique or process including neutralization
designed to change the physical, chemical or biological character or
composition of any special waste so as to neutralize that waste or so as to
render that waste nonhazardous, safer for transport, amenable for recovery,
amenable for storage or reduced in volume. "Treatment" includes any activity
or processing designed to change the physical form or chemical composition of
special waste to render it less dangerous or nonhazardous.
"Treatment" also
includes reclamation, re-use and recycling of special waste. (Section 3.49 of
the Act.) "TREATMENT" MEANS ANY METHOD, TECHNIQUE OR
PROCESS INCLUDING NEUTRALIZATION DESIGNED TO CHANGE
THE PHYSICAL, CHEMICAL OR BIOLOGICAL CHARACTER OR
COMPOSITION OF ANY SPECIAL WASTE SO AS TO NEUTRALIZE
THAT WASTE OR SO AS TO RENDER THAT WASTE
NONHAZARDOUS, SAFER FOR TRANSPORT, AMENABLE FOR
RECOVERY, AMENABLE FOR STORAGE OR REDUCED IN VOLUME.
"TREATMENT" INCLUDES ANY ACTIVITY OR PROCESSING
DESIGNED TO CHANGE THE PHYSICAL FORM OR CHEMICAL
COMPOSITION OF SPECIAL WASTE TO RENDER IT LESS
DANGEROUS OR NONHAZARDOUS.
"Truck" means any unitary vehicle used to transport special waste.
"Truck tractor" means any motor vehicle used to transport special waste that
which is designed and used for drawing other devices vehicles and not so
constructed as to carry a load other than a part of the weight of the device
vehicle and load so drawn.
"Uniform application" means the uniform registration and uniform permit
application form established under the uniform program and provided by the
Agency.
"Uniform permit" means the permit issued by a base state under Part II of the
uniform application.
21
"Uniform program" means the program established pursuant to the directive of
the Hazardous Materials Transportation Uniform Safety Act of 1990 (49
U.S.C. §§ 1 et seq.) and the Hazardous Materials Transportation Authorization
Act of 1994 (49 U.S.C.S. §§ 5101 et seq.) and implemented pursuant to the
Final Report: Uniform Program Pilot Project and the State Program
Administrator’s Manual, Uniform Program, Alliance for Uniform HazMat
Transportation Procedures, incorporated by reference in Section 809.104.
"Uniform registration" means the annual registration issued by a base state
under Part I of the uniform application, if the base state has a registration
requirement.
"Vehicle" means any
self-propelled motor vehicle, except a truck tractor
without a trailer, designed or used for the transportation of hazardous
waste.
device used to transport special waste in bulk or in packages, tanks or
other containers (Derived from Section 22.2 (l-5)(l) of the Act.)
"Waste" means any garbage sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility or other discarded material,
including solid, liquid, semi-solid, or contained gaseous material resulting
from industrial, commercial, mining and agricultural operations, and from
community activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return flows, or
coal combustion by-products as defined in Section 3.94, or industrial
discharges which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter amended, or source,
special nuclear, or byproduct materials as defined by the Atomic Energy Act of
1954, as amended (68 Stat. 921) or any solid or dissolved material from any
facility subject to The Federal Surface Mining Control and Reclamation Act of
1977 P.L. 95-87) or the rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant thereto.
(Section 3.53 of the
Act.) "WASTE" MEANS ANY GARBAGE, REFUSE, SLUDGE FROM A
WASTE TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT,
OR AIR POLLUTION CONTROL FACILITY OR OTHER DISCARDED
MATERIAL, INCLUDING SOLID, LIQUID, SEMI-SOLID, OR
CONTAINED GASEOUS MATERIAL RESULTING FROM INDUSTRIAL,
COMMERCIAL, MINING AND AGRICULTURAL OPERATIONS, AND
FROM COMMUNITY ACTIVITIES. "WASTE" AS HERE DEFINED
DOES NOT INCLUDE SOLID OR DISSOLVED MATERIAL IN
DOMESTIC SEWAGE, OR SOLID OR DISSOLVED MATERIAL IN
IRRIGATION RETURN FLOWS, OR IN INDUSTRIAL DISCHARGES
WHICH ARE POINT SOURCES SUBJECT TO PERMITS UNDER
SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT
(33 U.S.C. 1251 et seq.); OR SOURCE, SPECIAL NUCLEAR, OR
22
BYPRODUCT MATERIALS AS DEFINED BY THE ATOMIC ENERGY
ACT OF 1954 (42 U.S.C. 2011 ET SEQ.); OR RADIOACTIVE
MATERIALS DISCARDED IN ACCORDANCE WITH THE PROVISIONS
OF "AN ACT" in relation to personnel radiation monitoring" (Ill. Rev. Stat.
1989, ch. 111 1/2, Par. 230.1 et seq.) AND AS AUTHORIZED BY
REGULATIONS PROMULGATED PURSUANT TO THE "RADIATION
PROTECTION ACT," (Ill. Rev. Stat. 1989, ch. 111 1/2, par. 211 et seq.) AS
NOW OR HEREAFTER AMENDED. "Waste" as here defined is intended to
consistent with the definition of "solid waste" set forth in Section 1004(27) of
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(27)
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.104
Incorporations by Reference
The Board incorporates the following material by reference:
a)
CFR (Code of Federal Regulations). A copy is available from the
Superintendent of Documents, United States Government Printing Office,
Washington, DC 20402 (202) 783-3238.
49 CFR 171
(1996)
49 CFR 172
(1996)
49 CFR 177
(1996)
49 CFR 178
(1996)
49 CFR 180
(1996)
49 CFR 383
(1996)
49 CFR 387
(1996)
49 CFR 390-397
(1996)
b)
The Report of the Alliance for Uniform HazMat Transportation Procedures,
November 17, 1993. A copy is available from the U.S. Department of
Transportation, 400 Seventh Street, SW, Washington, D.C. 20590.
c)
The Final Report: Uniform Program Pilot Project, March 15, 1996. A copy is
available from the U.S. Department of Transportation, 400 Seventh Street, SW,
Washington, D.C. 20590 or on the internet at
http://www.fhwa.dot.gov/omc/alliance.html.
d)
State Program Administrator’s Manual, Uniform Program, Alliance for
Uniform HazMat Transportation Procedures, revised version, September 10,
1997. A copy is available from the National Governors’ Association, 444
North Capitol Street, Suite 267, Washington, D.C. 20001 or the National
Conference of State Legislatures, Attn: Alliance Project Manager, 1560
23
Broadway, Suite 700, Denver, CO 80202.
e)
This Section incorporates no later editions or amendments.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.105
Public Records
Information submitted to the Agency or Board pursuant to these regulations will be withheld
from or released to the public in accordance with the following:
a)
The Illinois Freedom of Information Act (5 ILCS 14);
b)
35 Ill. Adm. Code 120; and
c)
Agency rules implementing the Illinois Freedom of Information Act.
(Source: Added at 23 Ill. Reg. , effective )
SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
Section 809.201
Nonhazardous Special Waste Hauling Permits-General
No person may shall haul or otherwise transport any nonhazardous special waste generated
within Illinois or any nonhazardous special waste to be disposed of, stored, or treated within
Illinois without a current, valid nonhazardous special waste hauling permit issued by the
Agency in accordance with the requirements of this Subpart unless the transporter participates
in the Uniform Program or hauler is exempt from the nonhazardous special waste hauling
permit requirements under this Subpart.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.202
Applications for Nonhazardous Special Waste Hauling Permit-Contents
Applications for nonhazardous special waste hauling permits shall be made on application
forms prescribed or provided by the Agency, which, at as a minimum, shall require the
following information:
a)
Name, address, telephone number and location of the nonhazardous special
waste hauling vehicle owner and operator applying for the permit;.
b)
A description of the service to be provided, including the number and types of
nonhazardous special waste hauling vehicles and tanks to be used;.
24
c)
An agreement by the nonhazardous special waste hauling vehicle owner and the
that operator identified in Section Subsection 809.202(a) that;:
1)
Nonhazardous special Special waste loading, hauling and unloading will
be conducted in compliance with all applicable State state and federal
laws and regulations;.
2)
All nonhazardous special waste hauling vehicles and tanks used in
nonhazardous special waste hauling will be clean and in good repair at
all times when so employed;.
3)
All nonhazardous special waste hauling vehicles, tanks and associated
piping, valving, etc., will be constructed and maintained to prevent
leakage or spillage, and shall be cleanable;.
4)
No waste may shall be mixed with other wastes in one tank or on one
nonhazardous special waste hauling vehicle if such mixture results in a
hazardous combination likely to cause explosion, fire or release of a
dangerous or toxic gas or in violation of any applicable State state or
federal law and regulation;.
5)
The nonhazardous special waste hauling equipment and procedures to be
used shall be proper for the permitted service, be safe for the
transporters haulers, handlers, and others, and meet the requirements of
all other applicable State state and federal laws and regulations;. and
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 Administrative Code Unit of the Office of the Secretary of State
pursuant to "Illinois Administrative Procedure Act," (Ill. Rev. Stat. 1981, ch.
127, par. 1001 et seq).
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.203
Applications for Nonhazardous Special Waste Hauling Permit-Signatures
and Authorization
All nonhazardous special waste hauling permit applications shall be signed by the owner and
operator of the nonhazardous special waste hauling vehicle; or, in the name of the owner and
operator, by the owner's or and operator's duly authorized agent when accompanied by
evidence of authority to sign the application.
(Source: Amended at 23 Ill. Reg. , effective )
25
Section 809.204
Applications for Nonhazardous Special Waste Hauling Permit-Filing and
Final Action by the Agency
a)
An application for nonhazardous special waste hauling permit is considered shall
be deemed to be filed on the date of initial receipt by the Agency receives of a
properly completed application on the form prescribed or provided by the
Agency and with correct fees.
b)
If the Agency fails to take final action (which includes granting or denying the
nonhazardous special waste hauling permit as requested, or by granting the
nonhazardous special waste hauling permit with conditions) within 90 days from
the filing of the date the completed application is filed, the applicant may deem
the nonhazardous special waste hauling permit granted for a period of one
calendar year commencing on the 91st day after the application was filed.
c)
The Agency will shall send all denials notices of final action by U.S. Registered
or Certified Mail, Return Receipt Requested. All other final Agency decisions
may go by regular U.S. mail. The Agency will shall be deemed to have taken
final action on the date that the notice of final action is mailed. Within 35 days
of the Agency’s final action, the applicant may appeal the Agency’s decision to
the Board in the manner provided for the review of permits in Section 40 of the
Act.
d)
The Agency will shall require the application to be complete. If incomplete, the
application will be returned, and the transporter will be required to resubmit a
complete application. The application must be and consistent with the
provisions of the Act and Board regulations. The Agency and may undertake
such investigations and request the applicant to furnish such proof as it deems
necessary to verify the information and statements made in the application. If
the application is complete and the granting it thereof will not violate cause a
violation of the Act or Board regulations, the Agency will shall grant the
permit.
e)
When an application is denied because it fails to comply with the Act or Board
regulations, any fees submitted with the application will be non-refundable.
Any subsequent re-filing of the application will be considered a new application
for which an application fee must be included in accordance with Section 22.2
of the Act.
f)
When the Agency rejects an application because it is incomplete, any fees
submitted will be non-refundable. The applicant can receive credit for the
payment with a resubmitted application if the resubmittal is complete and
returned to the Agency within 30 days of the initial date-stamped rejection.
(Source: Amended at 23 Ill. Reg. , effective )
26
Section 809.205
Nonhazardous Special Waste Hauling Permit Conditions
a)
In granting nonhazardous special waste hauling permits hereunder, the Agency
may impose such conditions as may be necessary to accomplish the purposes of
the Act and the Board regulations.
b)
The applicant may deem any conditions imposed by the Agency as a denial of
the nonhazardous special waste hauling permit for purposes of review pursuant
to Section 40 of the Act.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.206
Nonhazardous Special Waste Hauling Permit Revision
A nonhazardous special waste hauling permit will be issued hereeunder is automatically
modified to include any relevant change in the Act or Board regulations. The Agency will
shall revise any nonhazardous 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
in writing. Failure of the Agency to issue a revised permit shall not excuse the permittee from
compliance with any such change.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.207
Transfer of Nonhazardous Special Waste Hauling Permits
No nonhazardous 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.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.208
Nonhazardous Special Waste Hauling Permit Revocation
Violation of any nonhazardous special waste hauling permit conditions or failure to comply
with any provisions of the Act or with any Board regulation will shall be grounds for sanctions
as provided in the Act, including revocation of the permit as therein provided.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.209
Permit No Defense
The existence of a nonhazardous special waste hauling permit under these rules does shall not
provide the permittee with a defense to a violation of the Act or Board regulations, except for
hauling nonhazardous special waste without a nonhazardous special waste hauling permit.
27
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.210
General Exemption from Nonhazardous Special Hauling Permit
Requirements
Any person who generates a total quantity of nonhazardous special waste 100 kilograms (220
pounds) 220 pounds (100 kilograms) or less in any calendar month for disposal, storage or
treatment within Illinois is exempt from the permit requirements of this Subpart and from the
manifest provisions in Subpart E of this Part. This exemption shall not constitute a defense to
a violation of any provision of the Act or any applicable disposal, storage or treatment
requirement of 35 Ill. Adm. Code 807.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.211
Exemptions for Nonhazardous Special Waste Transporters Haulers
The following persons need not obtain a nonhazardous special waste hauling permit nor or
carry a manifest if they haul only the waste indicated:
a)
Any person licensed in accordance with the Private Sewage Disposal
Licensing Act [225 ILCS 225](Ill. Rev. Stat., 1989 ch. 111 1/2 par.
116.301 et seq.) and who hauls only septic tank pumpings.
b)
Any person who hauls only livestock waste intended for land application
pursuant to 35 Ill. Adm. Code 560.
c)
Transporters Haulers of municipal water or wastewater treatment plant
sludge that which is to be applied to land and that which is regulated
under a sludge management scheme approved by the Agency pursuant to
35 Ill. Adm. Code 309.208.
d)
Any person licensed in accordance with "An Act in relation to the
Disposal of Dead Animals" [225 ILCS 610] (Ill. Rev. Stat. 1989, ch. 8,
par. 149.1 e seq.) and who hauls only grease, meat packing scraps, dead
animals and parts of animals for delivery to a renderer.
e)
Any person operating under rules and regulations adopted pursuant to
"An Act in relation to Oil, Gas, Coal and Other Surface and
Underground Resources" [225 ILCS 725] (Ill. Rev. Stat. 1989, ch. 96
1/2, par. 5401 et seq.) and who hauls only oil and gas extraction wastes
as defined in that Act.
28
f)
Any person who hauls only radioactive wastes as defined by the
Radiation Protection Act [420 ILCS 40](Ill. Rev. Stat. 1989, ch. 111
1/2, par. 211 et seq.).
g)
Any person holding a permit or certificate issued by the Illinois
Commerce Commission or the Interstate Commerce Commission and
who handles only shipments pursuant to a bill of lading in accordance
with such Commission’s regulations
gh)
Any person who hauls only coal combustion fly ash.
hi)
Any person who hauls only declassified waste or refuse.
ij)
Any person who hauls only special waste exempted by 35 Ill. Adm.
Code 808.123 (small quantity generators of 220 pounds or less per
month of special waste).
j)
Any person who hauls potentially infectious medical waste that is
regulated under 35 Ill. Adm. Code Subtitle M.
k)
Any person who hauls used tires regulated under 35 Ill. Adm. Code 848.
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.212
Duration of Nonhazardous Special Waste Hauling Permits
a)
All permits issued hereunder will be issued for a period not to exceed one year
and are renewable.
b)
Applications for renewal of a nonhazardous special waste hauling permit should
be made prior to the expiration date of the permit on the application forms
prescribed in Section 809.302.
(Source: Added at 23 Ill. Reg. , effective )
SUBPART C: DELIVERY AND ACCEPTANCE
Section 809.301
Requirements for Delivery of Special Waste to Transporters Haulers
No person may shall deliver any special waste generated within Illinois or for disposal, storage
or treatment within Illinois unless that person concurrently delivers a manifest completed in
accordance with Subpart E of this Part to a special waste transporter hauler who holds a
current nonhazardous, valid special waste hauling permit or Uniform Program Registration and
Permit issued by the Agency under Subpart B or C of this Part.
29
(Source: Amended at 23 Ill. Reg. , effective )
Section 809.302
Requirements for Acceptance of Nonhazardous Special or Hazardous
Waste from Transporters Haulers
a)
No person may shall accept any special waste for disposal, storage or treatment
within Illinois from a special waste transporter hauler unless the special waste
transporter hauler has a valid nonhazardous special waste hauling permit or
Uniform Program Registration and Permit issued by the Agency under Subpart
B or J of this Part and concurrently presents to the receiver of the special waste,
or the receiver's his agent, a completed, signed manifest as required by Subpart
E of this Part, which manifest designates the receiver's facility as the destination
for the special waste.
b)
No person may shall deliver special waste in Illinois for disposal, storage or
treatment unless the person who accepts the special waste has a current, valid
operating permit issued by the Agency and the necessary supplemental permits
required by 35 Ill. Adm. Code 807, as well as all other applicable permits as
required by the Act and Board regulations.
(Source: Amended at 23 Ill. Reg. , effective )
SUBPART D: PERMIT AVAILABILITY VEHICLE NUMBERS AND SYMBOLS
Section 809.401
Permit Availability Vehicle Numbers
The owner and operator of any vehicle, except truck tractors as defined in Subpart A, which is
used to transport special waste shall list each such vehicle on the special waste hauling permit
application. Upon issuance of a nonhazardous special waste hauling permit or a Uniform
Program registration and permit, the owner and operator of any such vehicle used to transport
nonhazardous special or hazardous waste shall maintain within the vehicle a legible photocopy
of the nonhazardous special waste hauling permit or Uniform Program registration and permit.
Upon request, issuance Issuanceof the nonhazardous special waste hauling permit or Uniform
Program registration and permit shall be disclosed by the owner and operator of the vehicle to
any representative of the State of Illinois (including, but not limited to, the Agency), any
generator(s) of the special waste, or any treatment, storage, or disposal facility that which has
handled, is handling, or will handle the special waste. Upon request by any such
representative, the transporter shall make available a photocopy of the nonhazardous special
waste hauling permit or Uniform Program registration and permit to the representative.
photocopy shall be made available by the owner and operator of the vehicle for review The
owner and operator of the vehicle shall also comply with any otherwise applicable federal
regulations.
(Source: Amended at 23 Ill. Reg. , effective )
30
Section 809.402
Special Waste Symbols
All vehicles used to transport special waste and packages used to contain special waste shall be
labeled, marked and placarded in accordance with regulations adopted by the Illinois
Department of Transportation or the United States Department of Transportation or the United
States Environmental Protection Agency, whichever has jurisdiction. This rule is provided for
informational purposes only, and does not constitute an independently enforceable regulation
with respect to labeling, marking and placarding requirements
(Source: Amended at 23 Ill. Reg. , effective )
SUBPART E: MANIFESTS, RECORDS AND REPORTING
Section 809.501
Manifests, Records, Access to Records, Reporting Requirements and
Forms
a)
Any person who delivers special waste to a permitted special waste hauler shall
complete a manifest to accompany the special waste from delivery to the
destination of the special waste. The manifest which shall be provided or
prescribed by the Agency shall, as a minimum, contain the name of the
generator of the special waste; when and where generated; name of the person
from whom delivery is accepted and the name of the site from which delivered;
the name of the special waste hauler; the date of delivery; the final disposal,
storage or treatment site; and the name, classification and quantity of the special
waste delivered to the hauler. The Agency may provide or prescribe a different
form of manifest for Class A special wastes than for Class B special wastes.
a)
Any person who delivers special waste to a permitted nonhazardous special or
hazardous waste transporter shall complete a uniform hazardous waste manifest
to accompany the special waste from delivery to the destination of the special
waste. The manifest form will be provided or prescribed by the Agency.
b)
The transporter shall include in the manifest the following:
1)
The name of the generator of the special waste and generator number;
2)
Information stating when and where the special waste was generated;
3)
The name of the person from whom delivery is accepted and the name of
the site from which delivered;
4)
The name and permit number of the transporter;
5)
The date of delivery; and
31
6)
The classification and quantity of the special waste delivered to the
transporter.
c)
Manifest copies to be sent to the Agency:
1)
Every person who delivers RCRA hazardous waste or Polychlorinated
Biphenyl ("PCB") wastes to a transporter shall submit a copy of the
Illinois manifest to the Agency within two days of the shipment. Every
person who accepts RCRA hazardous waste or PCB waste from a
transporter shall submit a copy of the Illinois manifest to the Agency
within 30 days of receipt.
2)
Every person who delivers RCRA hazardous waste or PCB wastes to a
transporter on another state's manifest, such as where the destination
state requires use of its manifest, does not have to submit manifest
copies to the Agency.
3)
Every person who delivers non-RCRA hazardous wastes or non-PCB
wastes to a transporter does not have to send a copy of the manifest to
the Agency. Every person who accepts non-RCRA hazardous waste or
non-PCB wastes from a transporter does not have to send a copy of the
manifest to the Agency.
db)
The manifest will shall consist of at least four parts, in contrasting colors, such
that an entry or signature on one part will be directly reproduced upon all
underlying parts. The top part of the manifest shall be signed by the person
who delivers special waste to a special waste transporter hauler, such signature
acknowledging the such delivery. The top part of the manifest shall also be
signed by the special waste transporter hauler, such signature acknowledging
receipt of the special waste. The person who delivers special waste to a special
waste transporter hauler shall retain the designated top part(s) part of the
manifest as a record. The remaining three parts of the manifest shall
accompany the special waste shipment. At the destination, the second part of
the manifest shall be signed by the person who accepts special waste from a
special waste transporter hauler, such signature acknowledging receipt
acceptance of the special waste.
ec)
A permitted site that which receives special waste for disposal, storage or
treatment of special waste must be designated on the manifest as the final
destination point. Any subsequent delivery of the special waste or any portion
or product thereof to a special waste transporter hauler shall be conducted under
a manifest initiated by the permitted disposal, storage or treatment site.
f)
Every person who delivers Class A special waste to a special waste hauler, and
every person who accepts Class A special waste from a special waste hauler
32
shall file a report, on forms prescribed or provided by the Agency, summarizing
all such activity during the preceding calendar quarter. Such reports shall, at a
minimum, include the information specified in subsections (h) and (I) of this
Section and be mailed no later than the tenth day of the month following the end
of the calendar quarter. This subsection shall be applicable to all Class A
special wastes which are delivered to a special waste hauler on or after January
1, 1991.
fd)
In all cases, the special waste transporter hauler shall deliver the designated
third and fourth parts of the completed, signed manifest to the person who
accepts delivery of special waste from the transporter hauler. The special waste
transporter hauler shall retain the designated second part of the completed,
signed manifest as a record of delivery to a permitted disposal, storage or
treatment site. In addition, at the end of each month, or such longer if period
of time approved by the Agency, the owner and the operator of the permitted
disposal, storage or treatment site who accepts special waste from a special
waste transporter hauler shall send the designated fourth part of the completed
manifest to the person who delivered the special waste to the special waste
transporter hauler.
ge)
Every generator person who delivers special waste to a special waste transporter
hauler, every person who accepts special waste from a special waste transporter
hauler and every special waste hauler transporter shall retain their respective
parts of the special waste manifest as a record of all special waste transactions.
These parts should shall be retained for three years and will shall be made
available at reasonable times for inspection and photocopying by the Agency.
BOARD NOTE: The manifest requirements of 35 Ill. Adm. Code 722, 724 and
725 relative to RCRA hazardous wastes are not affected by this subsection.
Generators and receiving facilities subject to those Parts shall continue to supply
designated copies of all manifests to the Agency.
hg)
Every generator person who delivers nonhazardous Class B special waste via a
transporter to a facility located outside Illinois special waste hauler, and every
person who accepts Class B special waste from a special waste hauler shall file a
report, on forms prescribed or provided by the Agency, summarizing all such
activity during the preceding calendar year, ending on August 1. Such reports
shall, at a minimum, include the information specified in subsection (h) of this
Section and should shall be received by the Agency mailed no later than
February 1. October 1, i.e., two months following the end of the preceding
year. This subsection shall be applicable to all Class B special wastes which are
delivered on or after January 1, 1991.
33
ih)
Every quarterly or annual report required to be filed with the Agency by a
generator for waste going out of state pursuant to subsection (f) or (g) of this
Section shall include the following:
1)
The IEPA identification number, name and address of the generator;
2)
The period (calendar quarter or year) covered by the report;
3)
The IEPA identification number, name and address for each off-site
treatment, storage or disposal facility in the United States to which waste
was shipped during the period;
4)
The name and IEPA special waste hauling identification number of each
transporter used during the period for shipments to a treatment, storage
or disposal facility within the United States;
5)
The IEPA supplemental permit identification number issued for the
waste stream shipped off site;
56)
A description and the The total quantity of each nonhazardous special
waste wastestream shipped out of state off site, listed by IEPA
identification number of each receiving site; and
6)
The method of treatment, storage or disposal for each nonhazardous
special waste; and
7)
A certification signed by the generator or the generator's authorized
representative.
j)
Every in-State facility that accepts nonhazardous special waste from a
nonhazardous special waste transporter shall file a report, on forms prescribed
or provided by the Agency, summarizing all such activity during the preceding
calendar year. Such reports should, at a minimum, include the information
specified in subsection (j) of this Section and be received by the Agency no later
than February 1. This subsection is applicable to all nonhazardous special
wastes that are delivered to a nonhazardous special waste transporter on or after
January 1, 1991.
ki)
Every quarterly or annual report required to be filed with the Agency by a
person accepting nonhazardous special waste from a nonhazardous special waste
transporter hauler pursuant to subsection (i)(f) or (g) of this Section shall
include the following information:
1)
The IEPA identification number, name and address of the facility;
34
2)
The period (calendar quarter or year) covered by the report;
3)
The For off site facilities, the IEPA identification number, name and
address of each nonhazardous special hazardous waste generator from
which the facility received a nonhazardous non hazardous special waste
during the period; for imported shipments, the report must give the name
and address of the foreign generator;
4)
A description and the total quantity of each nonhazardous non
harzardous special waste the facility received from off-site during the
period. This information shall must be listed by IEPA identification
number of each generator;
5)
The method of treatment, storage or disposal for each nonhazardous non
hazardous special waste; and
6)
A certification signed by the owner or operator of the facility or the
owner or operator's authorized representative.
(Source: Amended at 23 Ill. Reg. , effective )
SUBPART F: DURATION OF SPECIAL WASTE HAULER PERMITS AND TANK
NUMBERS (Repealed)
Section 809.601
Duration of Special Waste Hauler Permits and Tank Numbers (Repealed)
a)
All permits and tank numbers issued hereunder shall be issued for a period not
to exceed one year and are renewable.
b)
Applications for renewal of a special waste hauler permit shall be made 90 days
prior to the expiration date of the permit on the application forms prescribed in
Section 809.202.
(Source: Repealed at 23 Ill. Reg. , effective )
SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS
Section 809.701
General Provision
In order to facilitate the clean-up, transportation or safe treatment, storage or disposal of any
waste generated by a an accidental release of any material or special waste within Illinois that
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 Part and 35 Ill. Adm. Code
807 in accordance with guidelines adopted by the Agency that which are consistent with
Section 3003 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and the
35
Act and Board regulations. A The existence of a written exception from this Agency under this
Subpart does shall not constitute a defense to a violation of the Act or of this Part except for
those requirements specifically stated in the written exception.
(Source: Amended at 23 Ill. Reg. , effective )
SUBPART H: EFFECTIVE DATES
Section 809.801
Compliance Date
Except as otherwise provided in this Subpart, any person subject to the provisions of this Part
shall comply with such provisions on and after the effective date of this Part.
Section 809.802
Exceptions (Repealed)
Every person subject to the provisions of Sections 809.201, 809.301, 809.302, 809.401,
809.402 and 809.501 shall comply with such rules 120 days after the effective date of this
Part.
(Source: Amended at 23 Ill. Reg. , effective )
SUBPART J: UNIFORM PROGRAM
Section 809.910
Uniform State Hazardous Waste Transportation Registration and Permit
Program
a)
Beginning July 1, 1998, no person may transport offsite any hazardous waste
(or mixture of hazardous and nonhazardous waste) into, through, or within
Illinois, without registering and obtaining a permit under the Uniform Program,
or in violation of any permit condition for any permit required under this
subsection and issued by the Agency or by any participating state.
1)
A transporter with its principal place of business in Illinois shall obtain a
uniform registration and a uniform permit from the Agency.
2)
A transporter with its principal place of business in another state shall
designate another participating state in the Uniform Program as its base
state and shall obtain a uniform registration from the base state, if the
base state requires registration, and shall obtain a uniform permit from
the base state before transporting hazardous waste in Illinois.
b)
Small quantity generators of 100 kilograms (220 pounds) or less per month per
exempt from the uniform registration and uniform permit requirements of thie
Part, except generators of acute hazardous waste as specified in 35 Ill. Adm.
Code 721.105(e).
36
c)
A hazardous waste transporter shall comply with all the provisions of 49 CFR
Parts 171, 172, 177, 178, 180, 383, 387, and 390-397, incorporated by
reference in Section 809.104, if the hazardous waste is transported in Illinois.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.911
Application for a Uniform Permit
a)
Hazardous waste transporters whose base state is Illinois shall obtain a uniform
permit from the Agency by completing Part II of the uniform application, provided
by the Agency. The application form, provided by the Agency, will be identical in
scope, coverage, and content to the uniform procedures and forms required by the
Uniform Program. If the application is complete and granting it will not violate the
Act or Board regulations, the Agency will grant the uniform permit.
b)
The following procedures apply to the submittal of an application for a uniform
permit:
1)
An application for a uniform permit is considered filed when the Agency
receives a completed application on the form provided by the Agency and
with the correct fee, set forth in Section 809.913 and 809.915.
2)
A completed application must include all information required in Part II of
the uniform application.
3)
The Agency will notify the transporter in writing within 90 days of receipt
of the application if the application is incomplete. If incomplete, the
application will not be reviewed, and a copy of it will be returned to the
transporter with instructions for resubmittal.
4)
If the Agency is unable to take final action (which includes granting or
denying the uniform permit as requested, or by granting the uniform permit
with conditions) within 90 days of the date the completed application is
filed, the Agency will issue a Letter of Filing to the applicant. Letters of
Filing will include the following:
A)
A statement indicating that the applicant is in compliance with the
application requirements of the Uniform Program;
B)
A statement that law enforcement officials in all participating
jurisdictions shall honor Letters of Filing as temporary evidence of
compliance with the Uniform Program; and
37
C)
An expiration date 180 days from the date the Letter of Filing is
issued.
5)
On or before the expiration of any Letter of Filing the Agency will take
final action on the completed application or the applicant may deem the
uniform permit granted for the three year permit period, commencing on
the day the completed application was filed with the Agency.
c)
The uniform permit will be valid for a period of three years unless:
1)
a transporter fails to renew its annual uniform registration; or
2)
there is a change in the transporter’s operations during the permitting
period (i.e., a transporter with a Part I uniform permit begins transporting
hazardous waste in a state that requires a Part III disclosure).
d)
If the transporter’s operations change during the permitting period, the transporter
shall submit a new uniform permit application (Part II) detailing the changes. The
Agency will review the changes in accordance with the criteria and procedures
outlined in the Alliance for Uniform HazMat Transportation Procedures,
incorporated by reference in Section 809.104(d), for evaluation of the application.
e)
The Agency will send all denial notices and applications granted with conditions by
U.S. Registered or Certified Mail, return receipt requested. All other final notices
may be sent by regular U.S. mail. The Agency will be deemed to have taken final
action on the date that the notice of final action is mailed. Within 35 days of the
Agency’s final action, the applicant may appeal the Agency’s decision to the Board
in the manner provided for the review of permits in Section 40 of the Act.
f)
The Agency may undertake such investigations and request the applicant to furnish
such proof as it deems necessary to verify the information and statements made in
the application.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.912
Application for Uniform Registration
a)
Hazardous waste transporters whose base state is Illinois shall obtain a uniform
registration from the Agency by completing Part I of the uniform application,
provided by the Agency, during the first year of each three-year permitting period.
A hazardous waste transporter whose base state is Illinois shall renew the uniform
registration from the Agency by completing Parts I and IV of the uniform
application, provided by the Agency, during the second and third years. The
application form will be identical in scope, coverage, and content to the uniform
procedures and forms required by the Uniform Program. If the application is
38
complete and granting it will not
violate the Act or Board regulations, the Agency
will grant the uniform registration.
b)
The following procedures apply to the submittal of an application for a uniform
registration:
1)
An application for uniform registration is considered filed when the Agency
receives a completed application on the forms provided by the Agency and
with the correct fees, set forth in Sections 809.914 and 809.915.
2)
A completed application must include all information required in Part I of
the uniform application during the first year and all information required in
Parts I and IV during the second and third years.
3)
The Agency will notify the transporter in writing within 90 days of receipt
of the application if the application is incomplete. If incomplete, the
application will not be reviewed, and a copy of it will be returned to the
transporter with instructions for resubmittal.
4)
If the Agency is unable to take final action (which includes granting or
denying the uniform registration as requested, or by granting the uniform
registration with conditions) within 90 days of the date the completed
application is filed, the Agency will issue a Letter of Filing to the applicant.
Letters of Filing will include the following:
A)
A statement indicating that the applicant is in compliance with the
application requirements of the Uniform Program;
B)
A statement that law enforcement officials in all participating
jurisdictions shall honor Letters of Filing as temporary evidence of
compliance with the Uniform
Program; and
C)
An expiration date 180 days from the date the Letter of Filing is
issued.
5)
On or before the expiration of any Letter of Filing the Agency will take
final action on the completed application or the applicant may deem the
uniform registration granted for the one year registration period,
commencing on the day the completed application was filed with the
Agency.
c)
The uniform registration is valid for a period of one year and must be renewed
annually.
39
d)
The Agency will send all denials and applications granted with conditions by U.S.
Registered or Certified Mail, return receipt requested. All other final Agency
decisions may be sent by regular U.S. mail. The Agency will be deemed to have
taken final action on the date that the notice of final action is mailed. Within 35
days of the Agency’s final action, the applicant may appeal the Agency’s decision
to the Board in the manner provided for the review of permits in Section 40 of the
Act.
e)
The Agency may undertake
such investigations and request the applicant to furnish
such proof as it deems necessary to verify the information and statements made in
the application.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.913
Payment of Processing and Audit Fees
Beginning July 1, 1998, and annually thereafter, each transporter designating Illinois as its base
state must pay a $250.00 processing and audit fee for administering the uniform registration and
permit program as set forth in Section 22.2 of the Act.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.914
Payment of Apportioned Mile Fees
a)
Beginning July 1, 1998, and annually thereafter, all transporters whose base state is
Illinois shall pay registration fees to the Agency for apportioned miles for all states
that are participating in the uniform registration program and in which the
transporter hauls hazardous waste. The Agency shall transmit to other
participating states the registration fees collected each calendar quarter on behalf
of the other participating states within 30 days of the last day of the calendar
quarter. A transmittal report will accompany each payment and will summarize the
fees collected and list the transporters from which the fees were collected. The
level of hazardous material transportation activity within a state should be
calculated using the instructions in the Uniform Application and should be based
on two factors:
1)
The percentage of mileage in the state; and
2)
The percentage of the transporter’s total activity that involves the transport
of hazardous wastes.
b)
For Illinois, the registration fee should be calculated by multiplying the percentage
of Illinois transportation by the percentage of hazardous waste transportation
multiplied by the total number of vehicles the transporter operates multiplied by
the $20.00 registration fee set forth in Section 22.2 of the Act.
40
c)
A transporter should determine its percentage of Illinois transportation by dividing
the number of miles it traveled in Illinois during the previous year by the number of
miles it traveled nationwide during the previous year. If a transporter operates
only in Illinois, it should use 100 percent of the miles traveled as its percentage of
Illinois transportation. A transporter may separately calculate fees payable for
each fleet the transporter operates.
d)
A transporter shall determine its percentage of hazardous waste transportation by
using a method based on general percentage ranges. A transporter shall determine
its percentage of hazardous waste transportation as follows:
1)
For less-than-truckload shipments, the transporter should divide the weight
of the transporter’s hazardous waste shipments transported during the
previous year by the total weight of all shipments transported during the
previous year.
2)
For the truckload shipments, the transporter should divide the number of
shipments transported during the previous year for which placarding,
marking, or manifesting was required by the Code of Federal Regulations,
Title 49, Part 172, by the total number of all shipments transported during
the previous year.
3)
A transporter that transports both truckload and less-than-truckload
shipments of hazardous waste should determine its percentage of
hazardous waste transportation by calculating the percentage of business
that is hazardous waste transportation on a proportional basis with the
percentage of business that is not hazardous waste transportation.
4)
A transporter may use data from its most recent complete fiscal year or the
most recent complete calendar year in calculating the percentages required
in this Subpart for transportation conducted during the previous year. If
the applicant elects to change the reporting year in a subsequent
application, the applicant must inform the Agency of its intention in
writing.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.915
Submittal of Fees
Any person who submits an application for a uniform registration and uniform permit to the
Agency must determine the total fees owed in accordance with the instructions in the Final
Report: Uniform Program Pilot Project, incorporated by reference in Section 809.104, the Act,
and Sections 809.913 and 809.914 of this Part.
41
a)
The transporter must attach or enclose with the application a certified check,
cashier’s check or money order payable to the Treasurer, State of Illinois in the
appropriate amount.
b)
When an application is denied, any fees submitted with the application will be non-
refundable. Any subsequent re-filing of the application will be considered a new
application for which an application fee must be included in accordance with
subsection (a) of this Section.
c)
When the Agency rejects an application because it is incomplete, any fees
submitted will be non-refundable. The applicant can receive credit for the payment
with a resubmitted application if the resubmittal is complete and returned to the
Agency within 30 days of the initial date-stamped rejection.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.916
Previously Permitted Transporters
a)
From July 1, 1998 until June 30, 1999, a transporter who previously obtained an
Illinois Special Waste Transporter Permit is not required to obtain a uniform
permit or uniform registration under this Subpart for the transportation of
hazardous waste in Illinois until the transporter’s special waste permit expires.
b)
Transporters with permits expiring July 1, 1998 through June 30, 1999, and whose
base state is Illinois shall submit uniform registration and permit applications to the
Agency and should apply 90 days in advance of the expiration date of their current
permit. If the Agency cannot timely review the uniform registration and permit
applications within 90 days, the current Illinois Special Waste Transportation
permit will be extended by operation of law for 30 days, or until the Agency takes
final action on its applications, whichever occurs first. However, if the transporter
fails to submit its new uniform registration and uniform permit applications 90 days
in advance of the expiration of the current permit, the current Illinois Special
Waste Transporter permit will expire on the expiration date indicated in the permit.
c)
Beginning July 1, 1998, all Uniform Program permits issued by other states that
have not expired or been revoked will be acceptable for the transportation of
hazardous waste in Illinois.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.917
Uniform Registration and Uniform Permit Conditions
a)
When reviewing uniform registrations or uniform permits, the Agency may impose
such conditions as are necessary to satisfy the requirements of the Uniform
Program set forth in this Part.
42
b)
The applicant may deem any conditions imposed by the Agency as a denial of the
uniform registration or uniform permit for purposes of review pursuant to Section
40 of the Act.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.918
Uniform Registration and Uniform Permit Revision
Changes to the uniform registration or uniform permit, or the applications, issued pursuant to this
Part can only be made by the U.S. Secretary of Transportation or other entity authorized pursuant
to federal law. The Agency will revise any uniform registration and uniform permit issued under
this Part to conform with any such changes and notify the permittee in writing. Failure of the
Agency to issue a revised uniform registration or uniform permit is not a defense to a violation of
any such changes.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.919
Transfer of Uniform Registration and Uniform Permits
No uniform registration and permit is transferable from one person to another.
(Source: Added at 23 Ill. Reg. , effective )
Section 809.920
Audits and Uniform Registration and Uniform Permit Revocation
The Agency will conduct audits to ensure that the transporter is accurately reporting its hazardous
waste transportation activity. If a transporter violates any of the uniform permit conditions or
fails to comply with any provisions of the Act or with any Board regulation, sanctions may be
imposed as provided in the Act, including revocation of the uniform permit and uniform
registration. As part of the audit process the Agency is authorized, within constitutional
limitations, to do the following:
a)
Require transporters to allow Agency representatives to inspect or examine any
commercial vehicle or facility operated by a transporter who transports hazardous
waste in this State;
b)
Require transporters to produce papers, books, records, documents, or other
evidentiary material necessary to determine if a transporter is accurately reporting
its hazardous waste transportation operations and is otherwise complying with the
Uniform Program; and
c)
Require transporters to allow Agency representatives to conduct investigations and
audits necessary to determine if a transporter is entitled to a uniform permit or to
make a suspension or revocation determination.
43
(Source: Added at 23 Ill. Reg. , effective )
Section 809.921
Permit No Defense
The existence of a uniform permit or uniform registration under these rules does not provide the
permittee with a defense to a violation of the Act or Board regulations, except for hauling
hazardous waste without a uniform permit or uniform registration.
(Source: Added at 23 Ill. Reg. , effective )
Appendix A
Old Rule Numbers Reference
The following table is provided to aid in referencing old Board rule numbers to section numbers
pursuant to codification.
Chapter 9: Special Waste Hauling
35 Ill. Adm. Cost 809
Rule 101
Section 809.101
Rule 102
Section 809.102
Rule 103
Section 809.103
Rule 201
Section 809.201
Rule 202
Section 809.202
Rule 203
Section 809.203
Rule 204
Section 809.204
Rule 205
Section 809.205
Rule 206
Section 809.206
Rule 207
Section 809.207
Rule 208
Section 809.208
Rule 209
Section 809.209
Rule 210
Section 209.210
Rule 211
Section 809.211
Rule 301
Section 809.301
Rule 302
Section 809.302
Rule 401
Section 809.401
Rule 402
Section 809.402
Rule 501
Section 809.501
Rule 601
Section 809.601
Rule 701
Section 809.701
Rule 801
Section 809.801
Rule 802
Section 809.802
Rule 901
Section 809.901
Rule 902
Section 809.902
Rule 903
Section 809.903
44
Rule 904
Section 809.904
Rule 905
Section 809.905
Rule 906
Section 809.906
(Source: Amended at 23 Ill. Reg. , effective )
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 811
STANDARDS FOR NEW SOLID WASTE LANDFILLS
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
Section
811.101
Scope and Applicability
811.102
Location Standards
811.103
Surface Water Drainage
811.104
Survey Controls
811.105
Compaction
811.106
Daily Cover
811.107
Operating Standards
811.108
Salvaging
811.109
Boundary Control
811.110
Closure and Written Closure Plan
811.111
Postclosure Maintenance
SUBPART B: INERT WASTE LANDFILLS
Section
811.201
Scope and Applicability
811.202
Determination of Contaminated Leachate
811.203
Design Period
811.204
Final Cover
811.205
Final Slope and Stabilization
811.206
Leachate Sampling
811.207
Load Checking
SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
Section
811.301
Scope and Applicability
811.302
Facility Location
811.303
Design Period
811.304
Foundation and Mass Stability Analysis
45
811.305
Foundation Construction
811.306
Liner Systems
811.307
Leachate Drainage System
811.308
Leachate Collection System
811.309
Leachate Treatment and Disposal System
811.310
Landfill Gas Monitoring
811.311
Landfill Gas Management System
811.312
Landfill Gas Processing and Disposal System
811.313
Intermediate Cover
811.314
Final Cover System
811.315
Hydrogeological Site Investigations
811.316
Plugging and Sealing of Drill Holes
811.317
Groundwater Impact Assessment
811.318
Design, Construction, and Operation of Groundwater Monitoring Systems
811.319
Groundwater Monitoring Programs
811.320
Groundwater Quality Standards
811.321
Waste Placement
811.322
Final Slope and Stabilization
811.323
Load Checking Program
811.324
Corrective Action Measures for MSWLF Units
811.325
Selection of remedy for MSWLF Units
811.326
Implementation of the corrective action program at MSWLF Units
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section
811.401
Scope and Applicability
811.402
Notice to Generators and Transporters
811.403
Special Waste Manifests
811.404
Identification Record
811.405
Recordkeeping Requirements
811.406
Procedures for Excluding Regulated Hazardous Wastes
SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section
811.501
Scope and Applicability
811.502
Duties and Qualifications of Key Personnel
811.503
Inspection Activities
811.504
Sampling Requirements
811.505
Documentation
811.506
Foundations and Subbases
811.507
Compacted Earth Liners
811.508
Geomembranes
811.509
Leachate Collection Systems
SUBPART G: FINANCIAL ASSURANCE
46
Section
811.700
Scope, Applicability and Definitions
811.701
Upgrading Financial Assurance
811.702
Release of Financial Institution
811.703
Application of Proceeds and Appeals
811.704
Closure and Postclosure Care Cost Estimates
811.705
Revision of Cost Estimate
811.706
Mechanisms for Financial Assurance
811.707
Use of Multiple Financial Mechanisms
811.708
Use of a Financial Mechanism for Multiple Sites
811.709
Trust Fund for Unrelated Sites
811.710
Trust Fund
811.711
Surety Bond Guaranteeing Payment
811.712
Surety Bond Guaranteeing Performance
811.713
Letter of Credit
811.714
Closure Insurance
811.715
Self-Insurance for Non-commercial Sites
811.716
Local Government Financial Test
811.717
Local Government Guarantee
811.718
Discounting
811.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Postclosure Care
Illustration G
Operator's Bond Without Surety
Illustration H
Operator's Bond With Parent Surety
Illustration I
Letter from Chief Financial Officer
811.Appendix B
Section-by-Section correlation between the Standards of the RCRA
Subtitle D MSWLF regulations and the Board’s nonhazardous waste
landfill regulations.
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and authorized by Section
27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1, and 27].
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15861, effective September 18, 1990; amended in
R92-19 at 17 Ill. Reg. 12413, effective July 19, 1993; amended in R93-10 at 18 Ill. Reg. 1308,
effective January 13, 1994; expedited correction at 18 Ill. Reg. 7504, effective July 19, 1993;
amended in R90-26 at 18 Ill. Reg. 12481, effective August 1, 1994; amended in R95-13 at 19 Ill.
Reg. 12257, effective August 15, 1995; amended in R96-1 at 20 Ill. Reg. 12000, effective August
15, 1996; amended in R97-20 at 21 Ill. Reg.15831, effective November 25, 1997; amended in
47
R98-9 at 22 Ill. Reg.11491, effective June 23, 1998; amended in R98-29 at 23 Ill. Reg. ,
effective .
Section 811.402
Notice to Generators and Transporters
A prominent sign at the entrance to each solid waste management facility shall state that disposal
of hazardous waste is prohibited and, if it is a facility permitted by the Agency to accept special
wastes pursuant to 35 Ill. Adm. Code 808, also state that special waste will be accepted only if
accompanied by an identification record and a manifest, unless such waste is exempted from the
manifest requirements of this Part and 35 Ill. Adm. Code 809.Subpart F E.
(Source: Amended at 23 Ill. Reg. _______, effective ___________)
Section 811.403
Special Waste Manifests
a)
Each special waste accepted for disposal at a permitted solid waste management
facility shall be accompanied by a manifest containing the following information,
unless such special waste is disposed at an onsite facility and exempted, in
accordance with 35 Ill. Adm. Code 809.311 809.211, from the manifest
requirement:
1)
The name of the generator of the special waste;
2)
When and where the special waste was generated;
3)
The name of the special waste transporterhauler;
4)
The name of the solid waste management facility to which it is shipped as a
final destination point;
5)
The date of delivery;
6)
The name, waste stream permit number (if applicable) and quantity of
special waste delivered to the transporterhauler;
7)
The signature of the person who delivered the special waste to the special
waste transporterhauler, acknowledging such delivery;
8)
The signature of the special waste transporterhauler, acknowledging
receipt of the special wastes; and
9)
The signature of the person who accepted the special waste at its final
destination, acknowledging acceptance of the special waste.
48
b)
A permitted facility that accepts 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 transporterhauler shall be conducted
under a transportation record initiated by the permitted solid waste management
facility.
c)
Distribution of Manifests After Delivery
1)
The receiving solid waste management facility, shall accept special waste
only if accompanied by three copies of the manifest from the
transporterhauler. The transporterhauler shall retain one copy.
2)
The receiving solid waste management facility shall:
A)
Send one copy of the completed transportation record to the person
who delivered the special waste to the special waste
transporterhauler (usually the generator, or another special waste
management facility);
B)
Send one copy of each signed manifest to the Agency in accordance
with the requirements of 35 Ill. Adm. Code 809; and
C)
Send information on rejected loads to the Agency in a quarterly
report.
d)
Every person who delivers special waste to a special waste transporterhauler,
every person who accepts special waste from a special waste transporterhauler and
every special waste haul shall retain a copy of the special waste transportation
record as a of each special waste transaction. These copies shall be retained for
three years, and shall be made available at reasonable times for inspection and
photocopying by the Agency pursuant to Section 4(d) of the Act.
(Source: Amended at 23 Ill. Reg. ____________. effective ______________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above opinion and order was adopted on the 17th day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
