Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 728 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 728.107 - Testing, Tracking, and Recordkeeping Requirements for Generators, Reverse Distributors, Treaters, and Disposal Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requirements for Generators and Reverse
				Distributors
1) A generator of a hazardous
				waste must determine if the waste has to be treated before it can be land
				disposed. This is done by determining if the hazardous waste meets the
				treatment standards in Section
				728.140,
				728.145,
				or
				728.149.
				This determination can be made concurrently with the hazardous waste
				determination required in 35 Ill. Adm. Code
				722.111,
				in either of two ways: testing the waste or using knowledge of the waste. If
				the generator tests the waste, testing determines the total concentration of
				hazardous constituents or the concentration of hazardous constituents in an
				extract of the waste obtained using Method 1311 (Toxicity Characteristic
				Leaching Procedure) in "Test Methods for Evaluating Solid Waste,
				Physical/Chemical Methods", USEPA publication number EPA-530/SW-846,
				incorporated by reference in 35 Ill. Adm. Code
				720.111(a),
				depending on whether the treatment standard for the waste is expressed as a
				total concentration or concentration of hazardous constituent in the waste
				extract. (Alternatively, the generator must send the waste to a RCRA-permitted
				hazardous waste treatment facility, if the waste treatment facility must comply
				with the requirements of 35 Ill. Adm. Code
				724.113
				and subsection (b).) In addition, some hazardous wastes must be treated by
				particular treatment methods before they can be land disposed and some soils
				are contaminated by such hazardous wastes. These treatment standards are also
				found in Section
				728.140
				and Table T, and are described in detail in Table C. These wastes and soils
				contaminated with such wastes do not need to be tested (however, if they are in
				a waste mixture, other wastes with concentration level treatment standards must
				be tested). If a generator determines that it is managing a waste or soil
				contaminated with a waste that displays a hazardous characteristic of
				ignitability, corrosivity, reactivity, or toxicity, the generator must comply
				with the special requirements of Section
				728.109
				in addition to any applicable requirements in this Section.
2) If the waste or contaminated soil does not
				meet the treatment standard or if the generator chooses not to make the
				determination of whether its waste must be treated, the generator must send a
				one-time written notice to each treatment or storage facility receiving the
				waste with the initial shipment of waste to each treatment or storage facility,
				and the generator must place a copy of the one-time notice in the file. The
				notice must include the information in column "728.107(a)(2) " of the Generator
				Paperwork Requirements Table in Table I. (Alternatively, if the generator
				chooses not to make the determination of whether the waste must be treated, the
				notification must include the USEPA hazardous waste numbers and manifest number
				of the first shipment, and it must include the following statement: "This
				hazardous waste may or may not be subject to the LDR treatment standards. The
				treatment facility must make the determination.") No further notification is
				necessary until such time that the waste or facility changes, in which case a
				new notification must be sent and a copy placed in the generator's
				file.
3) If the waste or
				contaminated soil meets the treatment standard at the original point of
				generation, the waste generator must do the following:
A) With the initial shipment of waste to each
				treatment, storage, or disposal facility, the generator must send a one-time
				written notice to each treatment, storage, or disposal facility receiving the
				waste, and place a copy in its own file. The notice must include the
				information indicated in column "728.107(a)(3) " of the Generator Paperwork
				Requirements Table in Table I and the following certification statement, signed
				by an authorized representative:
I certify under penalty of law that I personally have
				  examined and am familiar with the waste through analysis and testing or through
				  knowledge of the waste to support this certification that the waste complies
				  with the treatment standards specified in Subpart D of 35 Ill. Adm. Code 728. I
				  believe that the information I submitted is true, accurate, and complete. I am
				  aware that there are significant penalties for submitting a false
				  certification, including the possibility of a fine and imprisonment.
B) For contaminated soil, with the
				initial shipment of wastes to each treatment, storage, or disposal facility,
				the generator must send a one-time written notice to each facility receiving
				the waste and place a copy in the file. The notice must include the information
				in the column headed "(a)(3)" in Table I.
C) If the waste changes, the generator must
				send a new notice and certification to the receiving facility and place a copy
				in its files. A generator of hazardous debris excluded from the definition of
				hazardous waste under 35 Ill. Adm. Code
				721.103(f)
				is not subject to these requirements.
4) For reporting, tracking and recordkeeping
				when exceptions allow certain wastes or contaminated soil that do not meet the
				treatment standards to be land disposed, there are certain exemptions from the
				requirement that hazardous wastes or contaminated soil meet treatment standards
				before they can be land disposed. These include, but are not limited to,
				case-by-case extensions under Section
				728.105,
				disposal in a no-migration unit under Section
				728.106,
				or a national capacity variance or case-by-case capacity variance under Subpart
				C. If a generator's waste is so exempt, then with the initial shipment of
				waste, the generator must send a one-time written notice to each land disposal
				facility receiving the waste. The notice must include the information indicated
				in column "728.107(a)(4) " of the Generator Paperwork Requirements Table in
				Table I. If the waste changes, the generator must send a new notice to the
				receiving facility, and place a copy in its file.
5) If a generator is managing and treating
				prohibited waste or contaminated soil in tanks, containers, or containment
				buildings regulated under 35 Ill. Adm. Code
				722.115,
				722.116,
				and
				722.117
				to meet applicable LDR treatment standards found at Section 728.140, the
				generator must develop and follow a written waste analysis plan that describes
				the procedures it will carry out to comply with the treatment standards.
				(Generators treating hazardous debris under the alternative treatment standards
				of Table F, however, are not subject to these waste analysis requirements.) The
				plan must be kept on site in the generator's records, and the following
				requirements must be met:
A) The waste
				analysis plan must be based on a detailed chemical and physical analysis of a
				representative sample of the prohibited wastes being treated, and contain all
				information necessary to treat the wastes in accordance with the requirements
				of this Part, including the selected testing frequency;
B) Such plan must be kept in the facility's
				on-site files and made available to inspectors; and
C) Wastes shipped off-site under this
				subsection (a)(5) must comply with the notification requirements of subsection
				(a)(3).
6) If a
				generator determines that the waste or contaminated soil is restricted based
				solely on its knowledge of the waste, all supporting data used to make this
				determination must be retained on-site in the generator's files. If a generator
				determines that the waste is restricted based on testing this waste or an
				extract developed using Method 1311 (Toxicity Characteristic Leaching
				Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				Methods", USEPA publication number EPA-530/SW-846, all waste analysis data must
				be retained on-site in the generator's files.
7) If a generator determines that it is
				managing a prohibited waste that is excluded from the definition of hazardous
				or solid waste or that is exempt from Subtitle C regulation under 35 Ill. Adm.
				Code
				721.102
				through
				721.106
				subsequent to the point of generation (including deactivated characteristic
				hazardous wastes that are managed in wastewater treatment systems subject to
				the CWA, as specified at 35 Ill. Adm. Code
				721.104(a)(2);
				that are CWA-equivalent; or that are managed in an underground injection well
				regulated under 35 Ill. Adm. Code 730), the generator must place a one-time
				notice stating such generation, subsequent exclusion from the definition of
				hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the
				disposition of the waste in the generating facility's on-site file.
8) A generator must retain a copy of all
				notices, certifications, waste analysis data, and other documentation produced
				under this Section on-site for at least three years from the date that the
				waste that is the subject of such documentation was last sent to on-site or
				off-site treatment, storage, or disposal. The three-year record retention
				period is automatically extended during the course of any unresolved
				enforcement action regarding the regulated activity or as requested in writing
				by the Agency. The requirements of this subsection (a)(8) apply to solid wastes
				even when the hazardous characteristic is removed prior to disposal, or when
				the waste is excluded from the definition of hazardous or solid waste under 35
				Ill. Adm. Code
				721.102
				through 721.106, or exempted from RCRA Subtitle C regulation, subsequent to the
				point of generation.
BOARD NOTE: Any Agency request for extended records retention
				  under this subsection (a)(8) is subject to Board review under Section 40 of the
				  Act.
9) If a generator is
				managing a lab pack containing hazardous wastes and wishes to use the
				alternative treatment standard for lab packs found at Section
				728.142(c),
				the generator must fulfill the following conditions:
A) With the initial shipment of waste to a
				treatment facility, the generator must submit a notice that provides the
				information in column "Section 728.107(a)(9) " in the Generator Paperwork
				Requirements Table of Table I and the following certification. The
				certification, which must be signed by an authorized representative and must be
				placed in the generator's files, must say the following:
I certify under penalty of law that I personally have
				  examined and am familiar with the waste and that the lab pack contains only
				  wastes that have not been excluded under Appendix D to 35 Ill. Adm. Code 728
				  and that this lab pack will be sent to a combustion facility in compliance with
				  the alternative treatment standards for lab packs at 35 Ill. Adm. Code
				  728.142(c).
				  I am aware that there are significant penalties for submitting a false
				  certification, including the possibility of fine or imprisonment.
B) No further notification is
				necessary until such time as the wastes in the lab pack change, or the
				receiving facility changes, in which case a new notice and certification must
				be sent and a copy placed in the generator's file.
C) If the lab pack contains characteristic
				hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
				Section
				728.102(i)
				) need not be determined.
D) The
				generator must also comply with the requirements in subsections (a)(6) and
				(a)(7).
10) An SQG with
				tolling agreements under 35 Ill. Adm. Code
				722.120(e)
				must comply with the applicable notification and certification requirements of
				subsection (a) for the initial shipment of the waste subject to the agreement.
				Such generators must retain on-site a copy of the notification and
				certification, together with the tolling agreement, for at least three years
				after termination or expiration of the agreement. The three-year record
				retention period is automatically extended during the course of any unresolved
				enforcement action regarding the regulated activity or as requested in writing
				by the Agency.
BOARD NOTE: Any Agency request for extended records retention
				  under this subsection (a)(10) is subject to Board review under Section 40 of
				  the Act.