ILLINOIS REGISTER
1
08
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part: Nonhazardous Special Waste Hauling and the Unifoim Program
necerveo
CLERK'S OFFICE
toy
2 3 2008
S
TATE OF ILLINOIS
Pollution Control Board
2)
Code Citation: 35 Ill. Adm. Code 809
3)
Section Numbers: Proposed
Action:
809.211
Amend
809.301
Amend
809.302
Amend
809.501
Amend
4)
Statutory Authority: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and
authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 10, 13, 21,
22, 22.01, and 22.2 and 27] (see P.A. 90-219)
5)
A Complete Description of the Subjects and Issues Involved: For a more detailed
description of this rulemaking see the Board's May 1, 2008, opinion and order Proposed
Amendments to the Board's Special Waste Regulations Concerning Used Oil: 35 Ill.
Adm. Code 808, 809, (R06-20). The amendments, initiated by a proposal filed on
December 13, 2005, by NORA, An Association of Responsible Recyclers, formerly
known as the National Oil Recycling Association, are intended to exempt from the
manifesting requirements of Parts 808 and 809 (35 Ill. Adm. Code 808, 809), used oil that
is defined by, and managed in accordance with, Part 739 (35 Ill. Adm. Code 739).
Additionally, the amendments are intended to exempt from the special waste hauling
permit requirements of Parts 808 and 809 (35 Ill. Adm. Code 808, 809), shipments that
contain no special waste other than used oil that is defined by and managed in accordance
with Part 739 (35 Ill. Adm. Code 739).
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: NORA, which filed this rulemaking with the Board, states that it used no
published study or report in developing its proposal.
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other proposed rulemakings pending on this Part? No
ILLINOIS REGISTER
2
08
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
11) Statement
of Statewide Policy Objectives: The proposed amendments do not create or
expand a State mandate as defined in Section 3 of the State Mandates Act [30 ILCS 805].
12) Time
lace and manner in which interested persons may comment on this proposed
rulemaking: The Board will accept written public comment on this proposal for a period
of 45 days after the date of this publication. Comments should reference Docket R06-20
and be addressed to:
Clerk's Office
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St.
Chicago, IL 60601
Address all questions to Tim Fox, at 312/814-6085.
Interested persons may request copies of the Board's opinion and order by calling the
Clerk's office at 312/814-3620, or download them from the Board's Web site at
www.ipcb.state.il.us.
13) Initial
Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected: NORA, a trade association of companies providing used oil collection
and recycling services originally proposed these regulations. The substantive
amendments affect any generators and transporters of used oil that are defined by
and managed in accordance with the Board's used oil management regulations.
B)
Reporting, bookkeeping or other procedures required for compliance: As the
proposed rulemaking would provide an exemption from existing requirements, it
does not require procedures for compliance.
C)
Types of . inofessional
skills necessary for compliance: None
14) Regulatory
Agenda on which this rulemaking was summarized: January 2008
The full text of the Pro osed Amendments be
•
ins on the next
e
a•e:
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
809.102
809.103
809.104
809.105
Authority, Policy and Purposes
Severability
Definitions
Incorporations by Reference
Public Records
SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
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 No Defense
?
809.210?
General Exemption from Nonhazardous Special Waste Hauling Permit
Requirements
?
809.211
?
Exemptions for Nonhazardous Special Waste Transporters
?
809.212
?
Duration of Nonhazardous Special Waste Hauling Permits
SUBPART C: DELIVERY AND ACCEPTANCE
Section
?
809.301?
Requirements for Delivery of Nonhazardous Special Waste to
Transporters
?
809.302
?
Requirements for Acceptance of Nonhazardous Special or Hazardous
Waste from Transporters
SUBPART D: PERMIT AVAILABILITY AND SYMBOLS
Section
809.401
809.402
SUBPART E:
Section
809.501
Forms
Permit Availability
Nonhazardous Special Waste Symbols
MANIFESTS, RECORDS AND REPORTING
Manifests, Records, Access to Records, Reporting Requirements and
SUBPART F: DURATION OF PERMITS AND TANK NUMBERS
Section
?
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
Definitions (Repealed)
Disposal Methods (Repealed)
Rendering Innocuous by Sterilization (Repealed)
Rendering Innocuous by Incineration (Repealed)
Recordkeeping Requirements for Generators (Repealed)
Defense to Enforcement Action (Repealed)
UNIFORM PROGRAM
Uniform State Hazardous Waste Transportation Registration and Permit
Application for a Uniform Permit
Application for Uniform Registration
Payment of Processing and Audit Fees
Payment of Apportioned Mile Fees
Submittal of Fees
Previously Permitted Transporters
Uniform Registration and Uniform Permit Conditions
Uniform Registration and Uniform Permit Revision
Transfer of Uniform Registration and Uniform Permits
Audits and Uniform Registration and Uniform Permit Revocation
Permit No Defense
Section
809.901
809.902
809.903
809.904
809.905
809.906
SUBPART
J:
Section
809.910
Program
809.911
809.912
809.913
809.914
809.915
809.916
809.917
809.918
809.919
809.920
809.921
809.APPENDIX A?
Old Rule Numbers Referenced (Repealed)
AUTHORITY: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and
authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 10,
13, 21, 22, 22.01, and 22.2 and 27] (see 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 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.
1
13640;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 III. Reg. 5635,
effective March 27, 1996; amended in R98-29 at 23 Ill. Reg. 6842, effective July
1, 1999; amended in R00-18 at 24 Ill. Reg. 14747, effective September 25, 2000;
amended in R06-20 at 32 Ill. Reg.
? , effective
SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
Section 809.211
?
Exemptions for Nonhazardous Special Waste Transporters
The following persons need not obtain a nonhazardous special waste hauling
permit nor 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] 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 of municipal water or wastewater treatment plant sludge that
is to be applied to land and that 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 the Illinois Dead Animal Disposal
Act [225 ILCS 610] 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 the
Illinois Oil and Gas Act [225 ILCS 725] and who hauls only oil and gas
extraction wastes as defined in that Act.
f)
Any person who hauls only radioactive wastes as defined by the Radiation
Protection Act [420 ILCS 40].
g)
Any person who hauls only coal combustion fly ash.
h) Any person who hauls only declassified waste or refuse.
i)
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.
1)?
Any person who hauls only used oil that is defined by and managed in
accordance with 35 Ill. Adm. Code 739, and who has registered with the Agency as
a used oil transporter.
(Source: Amended at 32 Ill. Reg.
? , effective -- ?
)
SUBPART C: DELIVERY AND ACCEPTANCE
Section 809.301?
Requirements for Delivery of Nonhazardous Special Waste to
Transporters
No person may 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 who holds a current nonhazardous special waste hauling
permit or Uniform Program Registration and Permit issued by the Agency under
Subpart B or C of this Part. The generator or transporter is not required to
complete a manifest for used oil that is defined by and managed in accordance
with 35 M. Adm. Code 739. A transporter is not required to have a special
waste hauling permit to transport a load that contains no special waste other
than used oil that is defined by and managed in accordance with 35 Ill. Adm.
Code 739 if the transporter has registered with the Agency as a used oil
transporter.
(Source: Amended at 32 Ill. Reg.
? , effective?
—)
Section 809.302
?
Requirements for Acceptance of Nonhazardous Special or
Hazardous Waste from Transporters
a)
No person may accept any special waste for disposal, storage or treatment
within Illinois from a special waste transporter unless the special waste
transporter 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 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. The generator or transporter is not required to complete a
manifest for used oil that is defined by and managed in accordance with 35 Ill.
Adm. Code 739. A transporter is not required to have a special waste hauling
permit to transport a load that contains no special waste other than used oil
that is defined by and managed in accordance with 35 Ill. Adm. Code 739 if the
transporter has registered with the Agency as a used oil transporter.
b)
No person may 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.
SUBPART
(Source:
E:
Amended
MANIFESTS,
at 32
RECORDS
Ill. Reg.
AND
?
REPORTING
, effective ?
Section 809.501
?
Manifests, Records, Access to Records, Reporting
Requirements and Forms
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. The
generator or transporter is not required to complete a manifest for used oil
that is defined by and managed in accordance with 35 Ill. Adm. Code 739. A
transporter is not required to have a special waste hauling permit to transport
a load that contains no special waste other than used oil that is defined by and
managed in accordance with 35 Ill. Adm. Code 739 if the transporter has
registered with the Agency as a used oil transporter.
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
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 after 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 after receipt.
2) A 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)
A 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. A
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.
d)?
The manifest will 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, acknowledging the
delivery. The top part of the manifest shall also be signed by the special
waste transporter, acknowledging receipt of the special waste. The person who
delivers special waste to a special waste transporter shall retain the
designated parts of the manifest as a record. The remaining parts of the
manifest shall accompany the special waste shipment. At the destination, the
manifest shall be signed by the person who accepts special waste from a special
waste transporter, acknowledging receipt of the special waste.
e)?
A permitted site that 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 shall be conducted under a
manifest initiated by the permitted disposal, storage or treatment site.
f)?
In all cases, the special waste transporter shall deliver the designated
parts of the complete, signed manifest to the person who accepts delivery of
special waste from the transporter. The special waste transporter shall retain
the designated part of the complete, signed manifest as a record of delivery to
a permitted disposal, storage or treatment site. In addition, at the end of
each month, or longer if 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 shall send the designated part of the completed
manifest to the person who delivered the special waste to the special waste
transporter.
g)?
Every generator who delivers special waste to a special waste transporter,
every person who accepts special waste from a special waste transporter and
every special waste transporter shall retain their respective parts of the
special waste manifest as a record of all special waste transactions. These
parts shall be retained for three years and will 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.
h)?
Every generator who delivers nonhazardous special waste via a transporter
to a facility located outside Illinois shall file a report, on forms prescribed
or provided by the Agency, summarizing all such activity during the preceding
calendar year. Such reports shall, at a minimum, include the information
specified in subsection (i) of this Section and should be received by the Agency
no later than February 1.
i) Every annual report required to be filed with the Agency by a generator
for waste going out of state pursuant to subsection (h) of this Section shall
include the following:
1)
The IEPA identification number, name and address of the generator;
2) The period (calendar year) covered by the report;
3)
The IEPA identification number, name and address for each off-site
treatment, storage or disposal facility to which waste was shipped during the
period;
4)
The name and IEPA special waste hauling number of each transporter used
during the period for shipments to a treatment, storage or disposal facility;
5)
A description and the total quantity of each nonhazardous special waste
shipped out of state, listed by IEPA identification number of each receiving
site;
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 (k) 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.
k)?
Every annual report required to be filed with the Agency by a person
accepting nonhazardous special waste from a nonhazardous special waste
transporter pursuant to subsection (j) of this Section shall include the
following information:
1)
The IEPA identification number, name and address of the facility;
2)
The period (calendar year) covered by the report;
3)
The IEPA identification number, name and address of each nonhazardous
special waste generator from which the facility received a nonhazardous special
waste during the period;
4)
A description and the total quantity of each nonhazardous special waste
the facility received from off-site during the period. This information shall
be listed by IEPA identification number of each generator;
5)
The method of treatment, storage or disposal for each nonhazardous special
waste; and
6)
A certification signed by the owner or operator of the facility or the
owner's or operator's authorized representative.
(Source: Amended at 32 Ill. Reg.
? , effective?
--)
JCAR350809-0808091r01
ILLINOIS REGISTER
OLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
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LA:WI
JCAR350809-0808091r01
1
TITLE 35: ENVIRONMENTAL PROTECTION
2
SUBTITLE G: WASTE DISPOSAL
3
CHAPTER I: POLLUTION CONTROL BOARD
4
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
5
6
PART 809
7
NONHAZARDOUS SPECIAL WASTE HAULING
8
AND THE UNIFORM PROGRAM
SUBPART A: GENERAL PROVISIONS
Authority, Policy and Purposes
S everability
Definitions
Incorporations by Reference
Public Records
SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
Nonhazardous Special Waste Hauling Permits — General
Applications for Nonhazardous Special Waste Hauling Permit —
Applications for Nonhazardous Special Waste Hauling Permit —
Authorization
Applications for Nonhazardous Special Waste Hauling Permit —
Action by the Agency
Nonhazardous Special Waste Hauling Permit Conditions
Nonhazardous Special Waste Hauling Permit Revision
Transfer of Nonhazardous Special Waste Hauling Permits
Nonhazardous Special Waste Hauling Permit Revocation
Permit No Defense
General Exemption from Nonhazardous Special Waste Hauling
Requirements
Exemptions for Nonhazardous Special Waste Transporters
Duration of Nonhazardous Special Waste Hauling Permits
SUBPART C: DELIVERY AND ACCEPTANCE
Requirements for Delivery of Nonhazardous Special Waste to Transporters
Requirements for Acceptance of Nonhazardous Special or Hazardous Waste from
Transporters
9
10
11
12
Section
13
809.101
14
809.102
15
809.103
16
809.104
17
809.105
18
19
20
21
Section
22
809.201
23
809.202
24
809.203
25
26
809.204
27
28
809.205
29
809.206
30
809.207
31
809.208
32
809.209
33
809.210
34
35
809.211
36
809.212
37
38
39
40
Section
41
809.301
42
809.302
43
Contents
Signatures and
Filing and Final
Permit
i-41.
<'S
E1VED
OFFICE
L
3 2008
STATE OF
ILLINOIS
*)rolutinn
Control Board
JCAR350809-0808091r01
44
45
SUBPART D: PERMIT AVAILABILITY AND SYMBOLS
46
47
Section
48
809.401
Permit Availability
49
809.402
Nonhazardous Special Waste Symbols
50
51
SUBPART E: MANIFESTS, RECORDS AND REPORTING
52
53
Section
54
809.501
Manifests, Records, Access to Records, Reporting Requirements and Forms
55
56
SUBPART F: DURATION OF PERMITS AND TANK NUMBERS
57
58
Section
59
809.601
Duration of Special Waste Hauler Permits and Tank Numbers (Repealed)
60
61
SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS
62
63
Section
64
809.701
General Provision
65
66
SUBPART H: EFFECTIVE DATES
67
68
Section
69
809.801
Compliance Date
70
809.802
Exceptions (Repealed)
71
72
SUBPART I: HAZARDOUS (INFECTIOUS) HOSPITAL WASTE
73
74
Section
75
809.901
Definitions (Repealed)
76
809.902
Disposal Methods (Repealed)
77
809.903
Rendering Innocuous by Sterilization (Repealed)
78
809.904
Rendering Innocuous by Incineration (Repealed)
79
809.905
Recordkeeping Requirements for Generators (Repealed)
80
809.906
Defense to Enforcement Action (Repealed)
81
82
SUBPART J: UNIFORM PROGRAM
83
84
Section
85
809.910
Unifoll 1
State Hazardous Waste Transportation Registration and Permit Program
86
809.911
Application for a Uniform Permit
JCAR350809-0808091r01
?87
?
809.912
?
Application for Uniform Registration
?88
?
809.913
?
Payment of Processing and Audit Fees
89 809.914
?
Payment of Apportioned Mile Fees
?
90?
809.915
?
Submittal of Fees
?
91
?
809.916?
Previously Permitted Transporters
?
92?
809.917?
Uniform Registration and Uniform Permit Conditions
?
93?
809.918?
Uniform Registration and Uniform Permit Revision
94 809.919?
Transfer of Uniform Registration and Uniform Permits
?
95
?
809.920
?
Audits and Uniform Registration and Uniform Permit Revocation
?
96?
809.921?
Permit No Defense
97
98 809.APPENDIX A
?
Old Rule Numbers Referenced (Repealed)
99
100 AUTHORITY: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and authorized by
?
101
?
Section 27 of the Environmental Protection Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, and 22.2
?
102?
and 27] (see P.A. 90-219).
103
?
104
?
SOURCE: Adopted in R76-10, 33 PCB 131, at 3 Ill. Reg. 13, p. 155, effective March 31, 1979;
?
105
?
emergency amendment in R76-10, 39 PCB 175, at 4 Ill. Reg. 34, p. 214, effective August 7,
?
106?
1980, for a maximum of 150 days; emergency amendment in R80-19, 40 PCB 159, at 5 Ill. Reg.
107 270, effective January 1, 1981, for a maximum of 150 days; amended in R77-12(B), 41 PCB
?
108
?
369, at 5 Ill. Reg. 6384, effective May 28, 1981; amended in R80-19, 41 PCB 459, at 5 Ill. Reg.
?
109
?
6378, effective May 31, 1981; codified in R81-9, 53 PCB 269, at 7 Ill. Reg. 13640, effective
?
110?
September 30, 1983; recodified in R84-5, 58 PCB 267, from Subchapter h to Subchapter i at 8
?
111
?
Ill. Reg. 13198; amended in R89-13A at 14 Ill. Reg. 14076, effective August 15, 1990; amended
?
112?
in R91-18 at 16 Ill. Reg. 130, effective January 1, 1992; amended in R95-11 at 20 Ill. Reg. 5635,
?
113
?
effective March 27, 1996; amended in R98-29 at 23 Ill. Reg. 6842, effective July 1, 1999;
?
114?
amended in R00-18 at 24 Ill. Reg. 14747, effective September 25, 2000; amended in R06-20 at
?
116115
?
32 Ill. Reg.
?
, effective ?
?
117? SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS
118
119 Section 809.211 Exemptions for Nonhazardous Special Waste Transporters
120
?
121
?
The following persons need not obtain a nonhazardous special waste hauling permit nor carry a
?
122
?
manifest if they haul only the waste indicated:
123
?
124?
a)?
Any person licensed in accordance with the Private Sewage Disposal Licensing
?
125?
Act [225 ILCS 225] and who hauls only septic tank pumpings.
126
?
127?
b)?
Any person who hauls only livestock waste intended for land application pursuant
?
128?
to 35 Ill. Adm. Code 560.
129
JCAR350809-0808091r01
130 c) Transporters
of municipal water or wastewater treatment plant sludge that is to be
131
applied to land and that is regulated under a sludge management scheme approved
132
by the Agency pursuant to 35 Ill. Adm. Code 309.208.
133
134 d) Any
person licensed in accordance with the Illinois Dead Animal Disposal Act
135
[225 ILCS 610] and who hauls only grease, meat packing scraps, dead animals
136
and parts of animals for delivery to a renderer.
137
138 e) Any
person operating under rules and regulations adopted pursuant to the Illinois
139
Oil and Gas Act [225 ILCS 725] and who hauls only oil and gas extraction wastes
140
as defined in that Act.
141
142
Any person who hauls only radioactive wastes as defined by the Radiation
143
Protection Act [420 ILCS 40].
144
145 g) Any
person who hauls only coal combustion fly ash.
146
147 h) Any
person who hauls only declassified waste or refuse.
148
149 i) Any
person who hauls only special waste exempted by 35 Ill. Adm. Code 808.123
150
(small quantity generators of 220 pounds or less per month of special waste).
151
152 j) Any
person who hauls potentially infectious medical waste that is regulated under
153
35 Ill. Adm. Code Subtitle M.
154
155 k) Any
person who hauls used tires regulated under 35 Ill. Adm. Code 848.
156
157
11?
Any person who hauls only used oil that is defined by and managed in accordance
158
with 35 Ill. Adm. Code 739, and who has registered with the Agency as a used oil
159
transporter.
160
161 (Source:
Amended at 32 Ill. Reg.
, effective )
162
163
SUBPART C: DELIVERY AND ACCEPTANCE
164
165?
Section 809.301 Requirements for Delivery of Nonhazardous Special Waste to
166
Transporters
167
168 No
person may deliver any special waste generated within Illinois or for disposal, storage or
169 treatment
within Illinois unless that person concurrently delivers a manifest completed in
170 accordance
with Subpart E of this Part to a special waste transporter who holds a current
171 nonhazardous
special waste hauling pennit or Uniform Program Registration and Permit issued
172 by the Agency under Subpart B or C of this Part.
The generator or transporter is not required to
JCAR350809-0808091r01
173 com
• lete a manifest for used oil that is defined b and mana
ged
in accordance with 35 Ill. Adm.
174
Code 739. A transporter is not required to have a special waste hauling penult to transport a load
175
that contains no special waste other than used oil that is defined by and managed in accordance
176
with
35 Ill. Adm. Code 739 if the trans
sorter has registered with the Agency as a used oil
177
transporter.
178
179
(Source:
Amended at 32 Ill. Reg.
, effective
180
181
Section 809.302 Requirements for Acceptance of Nonhazardous Special or Hazardous
182
Waste from Transporters
183
184 a) No
person may accept any special waste for disposal, storage or treatment within
185
Illinois from a special waste transporter unless the special waste transporter has a
186
valid nonhazardous special waste hauling permit or Unifolin Program
187
Registration and Permit issued by the Agency under Subpart B or J of this Part
188
and concurrently presents to the receiver of the special waste, or the receiver's
189
agent, a completed, signed manifest as required by Subpart E of this Part, which
190
manifest designates the receiver's facility as the destination for the special waste.
191
The generator or transporter is not required to complete a manifest for used oil
192
that is defined by and managed in accordance with 35 Ill. Adm. Code 739. A
193
transporter is not required to have a special waste hauling permit to transport a
194
load that contains no special waste other than used oil that is defined by and
195
managed in accordance with 35 Ill. Adm. Code 739 if the transporter has
196
registered with the Agency as a used oil transporter.
197
198 b) No
person may deliver special waste in Illinois for disposal, storage or treatment
199
unless the person who accepts the special waste has a current, valid operating
200
permit issued by the Agency and the necessary supplemental permits required by
201
35 Ill. Adm. Code 807, as well as all other applicable permits as required by the
202
Act and Board regulations.
203
204 (Source:
Amended at 32 Ill. Reg.
, effective
)
205
206
SUBPART E: MANIFESTS, RECORDS AND REPORTING
207
208
Section 809.501 Manifests, Records, Access to Records, Reporting Requirements and
209
Forms
210
211 a) Any
person who delivers special waste to a permitted nonhazardous special or
212
hazardous waste transporter shall complete a uniform hazardous waste manifest to
213
accompany the special waste from delivery to the destination of the special waste.
214
The manifest foini will be provided or prescribed by the Agency.
The generator
215
or transporter is not required to complete a manifest for used oil that is defined by
JCAR350809-0808091r01
216
and managed in accordance with 35 III. Adm. Code 739. A transporter is not
217
required to have a special waste hauling permit to transport a load that contains no
218
special waste other than used oil that is defined by and managed in accordance
219
with 35 Ill. Adm. Code 739 if the transporter has registered with the Agency as a
220
used oil transporter.
221
222 b) The
transporter shall include in the manifest the following:
223
224
1) The
name of the generator of the special waste and generator number;
225
226
2) Information
stating when and where the special waste was generated;
227
228
3) The
name of the person from whom delivery is accepted and the name of
229
the site from which delivered;
230
231
4) The
name and permit number of the transporter;
232
233
5) The
date of delivery; and
234
235
6) The
classification and quantity of the special waste delivered to the
236
transporter.
237
238 c) Manifest
copies to be sent to the Agency:
239
240
1) Every
person who delivers RCRA hazardous waste or polychlorinated
241
biphenyl (PCB) wastes to a transporter shall submit a copy of the Illinois
242
manifest to the Agency within two days after the shipment. Every person
243
who accepts RCRA hazardous waste or PCB waste from a transporter
244
shall submit a copy of the Illinois manifest to the Agency within 30 days
245
after receipt.
246
247
2) A
person who delivers RCRA hazardous waste or PCB wastes to a
248
transporter on another state's manifest, such as where the destination state
249
requires use of its manifest, does not have to submit manifest copies to the
250
Agency.
251
252
3) A
person who delivers non-RCRA hazardous wastes or non-PCB wastes
253
to a transporter does not have to send a copy of the manifest to the
254
Agency. A person who accepts non-RCRA hazardous waste or non-PCB
255
wastes from a transporter does not have to send a copy of the manifest to
256
the Agency.
257
258 d) The
manifest will consist of at least four parts, in contrasting colors, such that an
JCAR350809-0808091r01
259
entry or signature on one part will be directly reproduced upon all underlying
260
parts. The top part of the manifest shall be signed by the person who delivers
261
special waste to a special waste transporter, acknowledging the delivery. The top
262
part of the manifest shall also be signed by the special waste transporter,
263
acknowledging receipt of the special waste. The person who delivers special
264
waste to a special waste transporter shall retain the designated parts of the
265
manifest as a record. The remaining parts of the manifest shall accompany the
266
special waste shipment. At the destination, the manifest shall be signed by the
267
person who accepts special waste from a special waste transporter,
268
acknowledging receipt of the special waste.
269
270 e) A
permitted site that receives special waste for disposal, storage or treatment of
271
special waste must be designated on the manifest as the final destination point.
272
Any subsequent delivery of the special waste or any portion or product thereof to
273
a special waste transporter shall be conducted under a manifest initiated by the
274
permitted disposal, storage or treatment site.
275
276 f) In
all cases, the special waste transporter shall deliver the designated parts of the
277
complete, signed manifest to the person who accepts delivery of special waste
278
from the transporter. The special waste transporter shall retain the designated part
279
of the complete, signed manifest as a record of delivery to a permitted disposal,
280
storage or treatment site. In addition, at the end of each month, or longer if
281
approved by the Agency, the owner and the operator of the permitted disposal,
282
storage or treatment site who accepts special waste from a special waste
283
transporter shall send the designated part of the completed manifest to the person
284
who delivered the special waste to the special waste transporter.
285
286 g) Every
generator who delivers special waste to a special waste transporter, every
287
person who accepts special waste from a special waste transporter and every
288
special waste transporter shall retain their respective parts of the special waste
289
manifest as a record of all special waste transactions. These parts shall be
290
retained for three years and will be made available at reasonable times for
291
inspection and photocopying by the Agency.
292
293
BOARD NOTE: The manifest requirements of 35 Ill. Adm. Code 722, 724 and
294
725 relative to RCRA hazardous wastes are not affected by this subsection.
295
Generators and receiving facilities subject to those Parts shall continue to supply
296
designated copies of all manifests to the Agency.
297
298
h)
?
Every generator who delivers nonhazardous special waste via a transporter to a
299
facility located outside Illinois shall file a report, on forms prescribed or provided
300
by the Agency, summarizing all such activity during the preceding calendar year.
301
Such reports shall, at a minimum, include the information specified in subsection
JCAR350809-0808091r01
302
(i) of this Section and should be received by the Agency no later than February 1.
303
304 i) Every
annual report required to be filed with the Agency by a generator for waste
305
going out of state pursuant to subsection (h) of this Section shall include the
306
following:
307
308
1) The IEPA identification number, name and address of the generator;
309
310
2) The
period (calendar year) covered by the report;
311
312
3) The
IEPA identification number, name and address for each off-site
313
treatment, storage or disposal facility to which waste was shipped during
314
the period;
315
316
4) The
name and IEPA special waste hauling number of each transporter
317
used during the period for shipments to a treatment, storage or disposal
318
facility;
319
320
5) A
description and the total quantity of each nonhazardous special waste
321
shipped out of state, listed by IEPA identification number of each
322
receiving site;
323
324
6) The method of treatment, storage or disposal for each nonhazardous
325
special waste; and
326
327
7) A
certification signed by the generator or the generator's authorized
328
representative.
329
330 j) Every in-State facility that accepts nonhazardous special waste from a
331
nonhazardous special waste transporter shall file a report, on forms prescribed or
332
provided by the Agency, summarizing all such activity during the preceding
333
calendar year. Such reports should, at a minimum, include the information
334
specified in subsection (k) of this Section and be received by the Agency no later
335
than February 1. This subsection is applicable to all nonhazardous special wastes
336
that are delivered to a nonhazardous special waste transporter on or after January
337
1, 1991.
338
339 k) Every annual report required to be filed with the Agency by a person accepting
340
nonhazardous special waste from a nonhazardous special waste transporter
341
pursuant to subsection (j) of this Section shall include the following information:
342
343
1) The
IEPA identification number, name and address of the facility;
344
JCAR350809-0808091r01
345
2) The
period (calendar year) covered by the report;
346
347
3) The
IEPA identification number, name and address of each nonhazardous
348
special waste generator from which the facility received a nonhazardous
349
special waste during the period;
350
351
4) A
description and the total quantity of each nonhazardous special waste
352
the facility received from off-site during the period. This information
353
shall be listed by IEPA identification number of each generator;
354
355
5) The
method of treatment, storage or disposal for each nonhazardous
356
special waste; and
357
358
6) A
certification signed by the owner or operator of the facility or the
359
owner's or operator's authorized representative.
360
361 (Source: Amended at 32 Ill. Reg.
, effective
)
ILLINOIS REGISTER
1
08
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
Heading of the Part: Special Waste Classifications
Code Citation: 35 Ill. Adm. Code 808
Section Number:
Proposed Action:
808.121
Amend
Receive°
CLERK'S OFFICE
MAY
2 3 2008
Pollution
STATE
Control
OF
ILLINOISBoard
4) Statutory
Authority: Implementing Sections 21, 22, 22.01 and 22.9, and authorized by
Section 27 of the Environmental Protection Act [415 ILCS 5/21, 22, 22.01, 22.9, 27]
4) A
Complete Description of the Subjects and Issues Involved: For a more detailed
description of this rulemaking, see the Board's May 1, 2008 opinion and order Proposed
Amendments to the Board's Special Waste Regulations Concerning Used Oil: 35 Ill.
Adm. Code 808, 809, (R06-20). The amendments, initiated by a proposal filed on
December 13, 2005, by NORA, An Association of Responsible Recyclers, formerly
known as the National Oil Recycling Association, are intended to exempt from the
manifesting requirements of Parts 808 and 809 (35 Ill. Adm. Code 808, 809), used oil that
is defined by, and managed in accordance, with Part 739 (35 Ill. Adm. Code 739).
Additionally, the amendments are intended to exempt from the special waste hauling
permit requirements of Parts 808 and 809 (35 Ill. Adm. Code 808, 809), shipments that
contain no special waste other than used oil that is defined by and managed in accordance
with Part 739 (35 Ill. Adm. Code 739).
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: NORA, which filed this rulemaking with the Board, states that it used no
published study or report in developing its proposal.
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other proposed rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objectives: The proposed amendment does not create or
expand a State mandate as defined in Section 3 of the State Mandates Act [30 ILCS 805].
ILLINOIS REGISTER
2
08
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
12) Time, place and manner in which interested persons may comment on this proposed
rulemaking: The Board will accept written public comment on this proposal for a period
of 45 days after the date of this publication. Comments should reference Docket R06-20
and be addressed to:
Clerk's Office
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St.
Chicago, IL 60601
Address all questions to Tim Fox, at 312/814-6085.
Interested persons may request copies of the Board's opinion and order by calling the
Clerk's office at 312/814-3620, or download them from the Board's Web site at
www.ipcb.state.il.us.
13) Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected: NORA, a trade association of companies providing used oil collection
and recycling services originally proposed these regulations. The substantive
amendments affect any generators and transporters of used oil that are defined by
and managed in accordance with the Board's used oil management regulations.
B)
compliance: As the
proposed rulemaking would provide an exemption from existing requirements, it
does not require procedures for compliance.
C)
Types of professional skills necessary for compliance: None
14) Regulatory Agenda on which this rulemaking was summarized: January 2008
The full text of the Proposed Amendment begins on the next page:
CLERK'S
4OFF
ICED
MAY
13
2008
TATP OF ILLINOIS
,Irt,pon Control Board
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
808.101
808.110
808.111
808.121
808.122
808.123
Purpose, Scope and Applicability
Transitional Rule
Definitions
Incorporations by Reference
Generator Obligations
Manifests
Small Quantity Generators
SUBPART B: CLASSES OF SPECIAL WASTE
Section
808.240
808.241
808.242
808.243
808.244
808.245
SUBPART C:
Section
808.300
808.301
808.302
SUBPART D:
Section
808.400
808.401
808.402
808.410
808.411
808.412
808.413
808.420
808.430
808.431
SUBPART E:
Section
808.501
808.502
808.503
Special Waste Classes
Default Classification of Special Wastes
Special Handling Waste
Wastes Categorized by Source
Wastes Categorized by Characteristics
Classification of Wastes
CRITERIA AND DATA REQUIREMENTS
Introduction
Degree of Hazard Determination by Computer
Data Base and Bioassay Procedures
REQUEST FOR WASTE CLASSIFICATION
Introduction
Application Forms
Application for Waste Classification
Physical and Chemical Analysis
Significant Trace Constituents
Common Names
Wastestream Description
Quality Assurance Plan
Degree of Hazard Data
Toxicological Testing
REVIEW OF CLASSIFICATION REQUESTS
Order of Requesting Information
Completeness
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
808.545?
Modification
SUBPART H: CATEGORICAL AND CHARACTERISTIC WASTES
Section
808.600?
Introduction
808.APPENDIX A
?
Assignment Of Special Waste To Classes
808.APPENDIX B?
Toxicity Hazard
AUTHORITY: Implementing Sections 21, 22, 22.01 and 22.9, and authorized by
Section 27 of the Environmental Protection Act [415 ILCS 5/21, 22, 22.01, 22.9].
SOURCE: Adopted in R89-13A at 14 Ill. Reg. 14043, effective August 15, 1990;
amended in R98-29 at 23 Ill. Reg. 6875, effective July 1, 1999; amended in R06-
20 at 32 Ill. Reg.??
, effective
SUBPART A: GENERAL PROVISIONS
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 transporter unless the waste is
accompanied by a manifest as specified in Section 808.122, and the transporter
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 transporter and waste are subject to a transporter 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.
5) The generator is not required to complete a manifest for used oil that is
defined by and managed in accordance with 35 Ill. Adm. Code 739.
6)
A transporter is not required to have a special waste hauling permit to
transport a load that contains no special waste other than used oil that is
defined by and managed in accordance with 35 Ill. Adm. Code 739 if the
transporter has registered with the Agency as a used oil transporter.
c)?
No person shall cause, threaten 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 [415 ILCS 5/21(d) and (e)]-
, or
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 [415 ILCS 5/21(d)] (Scction 21(d)
of the Act)._
d)?
No person shall deliver special waste to a transporter or a permitted
facility without a supplemental wastestream permit.
e)?
No person shall deliver to a transporter 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 32 Ill. Reg.??
, effective
JCAR350808-0808085r01
ILLINOIS RECISTER
POLLUTION CONTROL CARD
NOTICE OF PROPO ED AMENDMENT
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JCAR350808-0808085r01
1
TITLE 35: ENVIRONMENTAL PROTECTION
2
SUBTITLE G: WASTE DISPOSAL
3
CHAPTER I: POLLUTION CONTROL BOARD
4
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
5
6
PART 808
7
SPECIAL WASTE CLASSIFICATIONS
8
9
SUBPART A: GENERAL PROVISIONS
10
11 Section
12 808.100 Purpose,
Scope and Applicability
13 808.101 Transitional
Rule
14 808.110 Definitions
15 808.111 Incorporations
by Reference
16 808.121 Generator
Obligations
17 808.122 Manifests
18 808.123 Small
Quantity Generators
19
20
SUBPART B: CLASSES OF SPECIAL WASTE
21
22 Section
23 808.240 Special
Waste Classes
24 808.241 Default
Classification of Special Wastes
25 808.242 Special
Handling Waste
26 808.243 Wastes
Categorized by Source
27 808.244 Wastes
Categorized by Characteristics
28 808.245 Classification
of Wastes
29
30
SUBPART C: CRITERIA AND DATA REQUIREMENTS
31
32 Section
33 808.300 Introduction
34 808.301 Degree
of Hazard Determination by Computer
35 808.302 Data
Base and Bioassay Procedures
36
37
SUBPART D: REQUEST FOR WASTE CLASSIFICATION
38
39 Section
40 808.400 Introduction
41 808.401 Application Forms
42 808.402 Application
for Waste Classification
43 808.410 Physical
and Chemical Analysis
JCAR350808-0808085r01
44 808.411 Significant
Trace Constituents
45 808.412 Common Names
46 808.413 Wastestream Description
47 808.420 Quality
Assurance Plan
48 808.430 Degree of Hazard Data
49 808.431 Toxicological
Testing
50
51
SUBPART E: REVIEW OF CLASSIFICATION REQUESTS
52
53 Section
54 808.501 Order of Requesting Information
55 808.502 Completeness
56 808.503 Standard
for Classification
57
58
SUBPART F: WASTESTREAM CLASSIFICATION DETERMINATIONS
59
60 Section
61 808.520 Time
for Agency Action
62 808.521 Conditions of Wastestream Classification
63 808.522 Final
Agency Action
64
65
SUBPART G: MODIFICATION, APPEAL AND ENFORCEMENT
66
67 Section
68 808.541 Request
for Modification
69 808.542 Appeal
70 808.543 Effect
of Classification
71 808.544 Enforcement
72 808.545 Modification
73
74
SUBPART H: CATEGORICAL AND CHARACTERISTIC WASTES
75
76 Section
77 808.600 Introduction
78
79 808.APPENDIX A Assignment
Of Special Waste To Classes
80 808.APPENDIX B Toxicity Hazard
81
82 AUTHORITY: Implementing Sections 21, 22, 22.01 and 22.9, and authorized by Section 27 of
83 the
Environmental Protection Act [415 ILCS 5/21, 22, 22.01, 22.9].
84
JCAR350808-0808085r01
85 SOURCE:
Adopted in R89-13A at 14 Ill. Reg. 14043, effective August 15, 1990; amended in
86 R98-29
at 23 Ill. Reg. 6875, effective July 1, 1999; amended in R06-20 at 32 Ill. Reg.
8788 effective
89
SUBPART A: GENERAL PROVISIONS
90
91
Section 808.121 Generator Obligations
92
93 a) Each
person who generates waste shall determine whether the waste is a special
94
waste.
95
96
BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also determine if
97
the waste is a hazardous waste.
98
99 b) No
person shall deliver special waste to a transporter unless the waste is
100
accompanied by a manifest as specified in Section 808.122, and the transporter
101
has a special waste hauling permit issued pursuant to 35 Ill. Adm. Code 809. The
102
following are exceptions to this prohibition:
103
104
1) The
person is subject to the small quantity generator exemption of Section
105
808.123.
106
107
2) The
transporter and waste are subject to a transporter exemption under 35
108
Ill. Adm. Code 809.211.
109
110
3) The
Agency has determined pursuant to this Part that the waste is not a
111
special waste.
112
113
4) The
waste consists of municipal water or wastewater treatment plant
114
sludge regulated under a sludge management plan approved by the
115
Agency pursuant to 35 Ill. Adm. Code 309.208.
116
117
j
?
The generator is not required to complete a manifest for used oil that is
118
defined by and managed in accordance with 35 Ill. Adm. Code 739.
119
120
6)
A transporter is not required to have a special waste hauling permit to
121
transport a load that contains no special waste other than used oil that is
122
defined by and managed in accordance with 35 Ill. Adm. Code 739 if the
123
transporter has registered with the Agency as a used oil transporter.
124
125 c)
No person shall cause, threaten or allow the treatment, storage or disposal of
126
special waste in Illinois except:
127
JCAR350808-0808085r01
128
1)
At a facility permitted or otherwise authorized to manage the special
129
waste pursuant to 35 III. Adm. Code 703 or 807
[415 ILCS 5/21(d) and
130
(e)](Sections 21(d) and (e) of the Act); or
131
132
2)
At a facility owned and operated by such person and subject to the on-site
133
disposal exemption of Section 21(d) of the Act
[415 ILCS 5/21(d)](Section
134
21(d) of the Act).
135
136 d) No
person shall deliver special waste to a transporter or a permitted facility
137
without a supplemental wastestream permit.
138
139 e) No
person shall deliver to a transporter or permitted facility special waste with a
140
wastestream identification number unless the waste conforms with the
141
wastestream description in the wastestream classification determination.
142
143 (Source:
Amended at 32 Ill. Reg.
, effective