JCAR350727-0805685r01
1
TITLE 35: ENVIRONMENTAL PROTECTION
2
SUBTITLE G: WASTE DISPOSAL
3
CHAPTER I: POLLUTION CONTROL BOARD
4
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
5
6
PART 727
7 STANDARDS
FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
8
FACILITTES OPERATING UNDER A RCRA STANDARDIZED PERMIT
9
10 Section
11 727.100 General
12 727.110 General
Facility Standards
13 727.130 Preparedness
and Prevention
14 727.150 Contingency
Plan and Emergency Procedures
15 727.170 Recordkeeping,
Reporting, and Notifying
16 727.190 Releases
from Solid Waste Management Units
17 727.210 Closure
18 727.240 Financial
Requirements
19 727.270 Use
and Management of Containers
20 727.290 Tank
Systems
21 727.900 Containment
Buildings
22
23 727.APPENDIX A Financial Assurance Forms
24 727.ILLUSTRATION A Letter
of Chief Financial Officer: Financial Assurance for
25
Facility Closure
26 727.ILLUSTRATION B Letter
of Chief Financial Officer: Financial Assurance for
27
Liability Coverage
28 727.APPENDIX B Correlation of State and Federal Provisions
29 727.TABLE
A Correlation
of Federal RCRA Standardized Pei nit
Provisions to
30
State Provisions
31 727.TABLE B Correlation
of State RCRA Standardized Permit Provisions to
32
Federal Provisions
33
34 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
35 Environmental
Protection Act [415 ILCS 5/7.2, 22.4, and 27].
36
37 SOURCE: Adopted in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1146, effective December 20,
3938 2006;
amended in R07-5/R07-14 at 32 Ill. Reg.
, effective
40 Section 727.170 Recordkeeping, Reporting, and Notifying
41
42 a) Applicability
of this Section. This Section applies to the owner and operator of a
43
facility that stores or non-thermally treats a hazardous waste under a RCRA
JCAR350727-0805685r01
44
standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 703, except as
45
provided in Section 727.100(a)(2). In addition, the owner or operator must
46
comply with the manifest requirements of 35 Ill. Adm. Code 722 whenever a
47
shipment of hazardous waste is initiated from the facility.
48
49
BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 267.70,
50
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
51
52 b) Use
of the manifest system.
53
54
1) If
a facility receives hazardous waste accompanied by a manifest, the
55
owner or operator, or its agent, must do each of the following:
56
57
A) It
must sign and date each copy of the manifest to certify that the
58
hazardous waste covered by the manifest was received;
59
60
B) It
must note any significant discrepancies in the manifest (as
61
defined in Section 727.170(c)(1)) on each copy of the manifest;
62
63
C) It
must immediately give the transporter at least one copy of the
64
signed manifest;
65
66
D) Within
30 days after the delivery, it must send a copy of the
67
manifest to the generator; and
68
69
E) It
must retain at the facility a copy of each manifest for at least
70
three years from the date of delivery.
71
72
2) If
a facility receives, from a rail or water (bulk shipment) transporter,
73
hazardous waste that is accompanied by a shipping paper containing all
74
the information required on the manifest (excluding the USEPA
75
identification numbers, generator's certification, and signatures), the
76
owner or operator, or its agent, must do each of the following:
77
78
A) It
must sign and date each copy of the manifest or shipping paper
79
(if the manifest has not been received) to certify that the hazardous
80
waste covered by the manifest or shipping paper was received;
81
82
B) It
must note any significant discrepancies (as defined in Section
83
727.170(c)(1)) in the manifest or shipping paper (if the manifest
84
has not been received) on each copy of the manifest or shipping
85
paper;
86
JCAR350727-0805685r01
87
BOARD NOTE: USEPA does not intend that the owner or
88
operator of a facility whose procedures pursuant to Section
89
727.110(d)(3) include waste analysis must perform that analysis
90
before signing the shipping paper and giving it to the transporter.
91
Section 727.170(c)(2), however, requires reporting an unreconciled
92
discrepancy discovered during later analysis.
93
94
C) It
must immediately give the rail or water (bulk shipment)
95
transporter at least one copy of the manifest or shipping paper (if
96
the manifest has not been received);
97
98
D) Within
30 days after the delivery, it must send a copy of the signed
99
and dated manifest to the generator; however, if the manifest has
100
not been received within 30 days after delivery, the owner or
101
operator, or its agent, must send a copy of the shipping paper
102
signed and dated to the generator; and
103
104
BOARD NOTE: Section 722.123(c) requires the generator to send
105
three copies of the manifest to the facility when hazardous waste is
106
sent by rail or water (bulk shipment).
107
108
E) It
must retain at the facility a copy of the manifest and shipping
109
paper (if signed in lieu of the manifest at the time of delivery) for
110
at least three years from the date of delivery.
111
112
3) Whenever
a shipment of hazardous waste is initiated from a facility, the
113
facility owner or operator must comply with the requirements of 35 Ill.
114
Adm. Code 722.
115
116
BOARD NOTE: The provisions of 35 Ill. Adm. Code 724.134 are
117
applicable to the on-site accumulation of hazardous wastes by generators.
118
Therefore, the provisions of 35 Ill. Adm. Code 724.134 apply only to an
119
owner or operator that is shipping hazardous waste that it generated at that
120
facility.
121
122
4) Within
three working days after the receipt of a shipment subject to
123
Subpart H of 35 Ill. Adm. Code 722 the owner or operator of the facility
124
must provide a copy of the tracking document bearing all required
125
signatures to the notifier, to the Agency, to the Office of Enforcement and
126
Compliance Assurance, Office of Compliance, Enforcement Planning,
127
Targeting and Data Division (2222A), U.S. Environmental Protection
128
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and to
129
competent authorities of all other concerned countries. The original copy
JCAR350727-0805685r01
130
of the tracking document must be maintained at the facility for at least
131
three years from the date of signature.
132
133
BOARD NOTE: Subsection (b) of this Section is derived from 40 CFR 267.71,
134
as added at 70 Fed. Reg. 53420 (Sep. 8, 2005).
135
136 c) Manifest
discrepancies.
137
138
1) Manifest
discrepancies are differences between the quantity or type of
139
hazardous waste designated on the manifest or shipping paper, and the
140
quantity or type of hazardous waste a facility actually receives.
141
Significant discrepancies in quantity are either of the following:
142
143
A) For
bulk waste, variations greater than 10 percent in weight; or
144
145
B) For
batch waste, any variation in piece count, such as a
146
discrepancy of one drum in a truckload. Significant discrepancies
147
in type are obvious differences that can be discovered by
148
inspection or waste analysis, such as waste solvent substituted for
149
waste acid, or toxic constituents not reported on the manifest or
150
shipping paper.
151
152
2) Upon
discovering a significant discrepancy, the facility owner or operator
153
must attempt to reconcile the discrepancy with the waste generator or
154
transporter (e.g., with telephone conversations). If the discrepancy is not
155
resolved within 15 days after receiving the waste, the owner or operator
156
must immediately submit to the Agency a letter describing the discrepancy
157
and attempts to reconcile it, and a copy of the manifest or shipping paper
158
at issue.
159
160
BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 267.72
161
(2007), as added at 70 Fcd. Rcg. 53420 (Sep. 8, 2005).
162
163 d) Retention of information.
164
165
1) The
facility owner or operator must keep a written operating record at its
166
facility.
167
168
2) The
facility owner or operator must record the following information, as it
169
becomes available, and maintain the operating record until it closes the
170
facility:
171
172
A) A
description and the quantity of each type of hazardous waste
JCAR350727-0805685r01
173
generated, and the methods and dates of its storage or treatment at
174
the facility as required by Appendix A of 35 Ill. Adm. Code 724;
175
176
B) The
location of each hazardous waste within the facility and the
177
quantity at each location;
178
179
C) Records
and results of waste analyses and waste determinations
180
performed as specified in Section 727.110(d) and (h) and 35 Ill.
181
Adm. Code 724.934, 724.963, 724.983, and 728.107;
182
183
D) Summary
reports and details of all incidents that require the owner
184
or operator to implement the contingency plan as specified in
185
Section 727.150(i)(2));
186
187
E) Records
and results of inspections as required by Section
188
727.110(f)(4) (except that the facility owner or operator needs to
189
keep these data for only three years);
190
191
F) Monitoring,
testing or analytical data, and corrective action when
192
required by Section 727.190, Section 727. 290(b), (d), and (f) and
193
35 Ill. Adm. Code 724.934(c) through (f), 724.935, 724.963(d)
194
through (i), 724.964, 724.988, 724.989, and 724.990;
195
196
G) All
closure cost estimates pursuant to Section 727.240(c);
197
198
H) The
facility owner or operator certification, executed at least
199
annually, that the owner or operator has a program in place to
200
reduce the volume and toxicity of hazardous waste that it generates
201
to the degree that the owner or operator determines to be
202
economically practicable; and that the proposed method of
203
treatment or storage is that practicable method currently available
204
to the owner or operator that minimizes the present and future
205
threat to human health and the environment;
206
207
I) For
an on-site treatment facility, the information contained in the
208
notice (except the manifest number), and the certification and
209
demonstration, if applicable, required by the facility owner or
210
operator pursuant to 35 Ill. Adm. Code 728.107;
211
212
J) For
an on-site storage facility, the information in the notice (except
213
the manifest number), and the certification and demonstration, if
214
applicable, required by the facility owner or operator pursuant to
215
35 Ill. Adm. Code 728.107;
JCAR350727-0805685r01
216
217
K) For
an off-site treatment facility, a copy of the notice, and the
218
certification and demonstration, if applicable, required by the
219
generator or the facility owner or operator pursuant to 35 Ill. Adm.
220
Code 728.107 or 728.108; and
221
222
L) For
an off-site storage facility, a copy of the notice, and the
223
certification and demonstration, if applicable, required by the
224
generator or the owner or operator pursuant to 35 Ill. Adm. Code
225
728.107 or 728.108.
226
227
BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 267.73
228
(2007), as added at 70 Fed. Rcg. 53420 (Sop. 8, 2005).
229
230 e) Availability
of records.
231
232
1) The
facility owner or operator must furnish all records, including plans,
233
required pursuant to this Part upon the request of any officer, employee, or
234
representative of the Agency or USEPA and make them available at all
235
reasonable times for inspection.
236
237
2) The
retention period for all records required pursuant to this Part is
238
extended automatically during the course of any unresolved enforcement
239
action involving the facility or as requested by the Agency.
240
241
BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 267.74
242
(2007), as added at 70 Fed. Rcg. 53420 (Sep. 8, 2005).
243
244 0 Submission
of reports. The facility owner or operator must prepare an annual
245
facility activities a biennial report and other reports listed in subsection (f)(2) of
246
this Section.
247
248
1) Annual
facility activities Biennial report. The facility owner or operator
249
must prepare and submit a single copy of an annual facility activities a
250
biennial report to the Agency by March 1 of each even-numbered-year.
251
The annual facility activities biennial report must be submitted on USEPA
252
Form 8700-13B. The report must cover facility activities during the
253
previous two calendar yearyears and must include the following
254
information:
255
256
BOARD NOTE: Corresponding 40 CFR 267.75(a) (2006) requires
257
biennial reporting. The Board has required annual reporting, since Section
258
20.1 of the Act [415 ILCS 5/20.1 (2006)] requires the Agency to assemble
JCAR350727-0805685r01
259
annual reports, and only annual facility activity reports will enable the
260
Agency to fulfill this mandate.
261
262
A) The
USEPA identification number, name, and address of the
263
facility;
264
265
B) The
calendar year covered by the report;
266
267
C) The
method of treatment or storage for each hazardous waste;
268
269
D) The
most recent closure cost estimate pursuant to Section
270
727.240(c);
271
272
E) A
description of the efforts undertaken during the year to reduce
273
the volume and toxicity of generated waste;
274
275
F) A
description of the changes in volume and toxicity of waste
276
actually achieved during the year in comparison to previous years
277
to the extent such information is available for the years prior to
278
1984; and
279
280
G) The
certification signed by the owner or operator.
281
282
2) Additional
reports. In addition to submitting the biennial reports, the
283
owner or operator must also report the following information to the
284
Agency:
285
286
A) Releases,
fires, and explosions as specified in Section
287
727.150(i)(2);
288
289
B) Facility
closures specified in Section 727.210(h); and
290
291
C) Other
information as otherwise required by Sections 727.270,
292
727.290, and 727.900 and Subparts AA,
BB,
and CC of 35 Ill.
293
Adm. Code 264.
294
295
3) For
off-site facilities, the USEPA identification number of each hazardous
296
waste generator from which the facility received a hazardous waste during
297
the year; for imported shipments, the report must give the name and
298
address of the foreign generator.
299
300
4) A
description and the quantity of each hazardous waste the facility
301
received during the year. For off-site facilities, this information must be
JCAR350727-0805685r01
302
listed by USEPA identification number of each generator.
303
304
BOARD NOTE: Subsection (f) of this Section is derived from 40 CFR 267.75
305
(2007), as added at 70 Fcd. Reg. 53420 (Scp. 8, 2005).
306
307
Required notifications. Before transferring ownership or operation of a facility
308
during its operating life, the facility owner or operator must notify the new owner
309
or operator in writing of the requirements of this Part and Subpart J of 35 Ill.
310
Adm. Code 703.
311
312
BOARD NOTE: Subsection (g) of this Section is derived from 40 CFR 267.76
313
(2007), as added at 70 Fcd. Reg. 53420 (Sep. 8, 2005).
314
315 (Source:
Amended at 32 Ill. Reg.
, effective