reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart A - GENERAL PROVISIONS › Section 809.104 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
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(2010)
49 CFR 172(2010)
49 CFR 177(2010)
49 CFR 178(2010)
49 CFR 180(2010)
49 CFR 383(2010)
49 CFR 387(2010)
49 CFR 390 through 397(2010)
b) This Section incorporates no later
				editions or amendments.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart A - GENERAL PROVISIONS › Section 809.105 - Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
Information submitted to the Agency or Board pursuant to this
				  Part will be withheld from or released to the public in accordance with the
				  following:
a) The Illinois Freedom of
				Information Act [5 ILCS 140 ];
b)
				35 Ill. Adm. Code 120; and
c) IEPA
				rules implementing the Illinois Freedom of Information Act (2 Ill. Adm. Code
				1828).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.201 - Special Waste Hauling Permits - General

Current through Register Vol. 48, No. 28, July 12, 2024
No person may haul or otherwise transport any special waste
				  generated within Illinois or any special waste to be disposed of, stored or
				  treated within Illinois without a current, valid special waste hauling permit
				  issued by the Agency in accordance with the requirements of this Subpart unless
				  the transporter is exempt from the special waste hauling permit requirements
				  under this Subpart. These regulations do not apply to on-site transportation of
				  special waste by generators or by owners or operators of permitted special
				  waste management facilities.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.202 - Applications for Special Waste Hauling Permit - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for special waste hauling permits shall be made
				  on application forms prescribed or provided by the Agency, which, at a minimum,
				  shall require the following information:
a) Name, address, telephone number and
				location of the special waste hauling vehicle owner and operator applying for
				the permit;
b) A description of the
				number and types of special waste hauling vehicles and tanks to be
				used;
c) An agreement by the
				special waste hauling vehicle owner and the operator identified in Section
				809.202(a) that:
1) Special waste loading,
				hauling and unloading will be conducted in compliance with all applicable State
				and federal laws and regulations;
2) All special waste hauling vehicles and
				tanks used in special waste hauling will be clean and in good repair at all
				times when so employed;
3) All
				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 be mixed
				with other wastes in one tank or on one 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 or
				federal law or regulation;
5) The
				special waste hauling equipment and procedures to be used shall be proper for
				the permitted service, be safe for the transporters, handlers, and others, and
				meet the requirements of all other applicable State and federal laws and
				regulations; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.203 - Applications for Special Waste Hauling Permit - Signatures and Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
All special waste hauling permit applications shall be signed
				  by the owner and operator of the special waste hauling vehicle; or, in the name
				  of the owner and operator, by the owner's or operator's duly authorized agent
				  when accompanied by evidence of authority to sign the
				  application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.204 - Applications for Special Waste Hauling Permit - Filing and Final Action by the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				application for special waste hauling permit is considered filed on the date
				the Agency receives a properly completed application on the form prescribed or
				provided by the Agency and with correct fees (see Section 22.2(1) of the Act
				[415 ILCS
				5/22.2(1) ]).
b) If the Agency fails to take final action
				(which includes granting or denying the special waste hauling permit as
				requested, or by granting the special waste hauling permit with conditions)
				within 90 days after the date the completed application is filed, the applicant
				may deem the 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 send all denials by U.S. Registered or Certified Mail, Return
				Receipt Requested. All other final Agency decisions may go by regular U.S. Mail
				or electronic mail. The Agency will be deemed to have taken final action on the
				date that the notice of final action is mailed or sent. Within 35 days after
				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 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 consistent with the provisions of the Act and Board
				regulations. 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. If the application is complete and
				granting it will not violate the Act or Board regulations, the Agency will
				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 after the initial date-stamped rejection.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.205 - Special Waste Hauling Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) In granting special waste hauling permits,
				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 special waste hauling permit for
				purposes of review pursuant to Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.206 - Special Waste Hauling Permit Revision

Current through Register Vol. 48, No. 28, July 12, 2024
A special waste hauling permit will be automatically modified
				  to include any relevant change in the Act or Board regulations. The Agency will
				  revise any special waste hauling permit issued by the Agency under this Part to
				  make the permit compatible with any such relevant changes and so notify the
				  permittee in writing. Failure of the Agency to issue a revised permit shall not
				  excuse the permittee from compliance with any such change.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.208 - Special Waste Hauling Permit Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
Violation of any special waste hauling permit conditions or
				  failure to comply with any provisions of the Act or with any Board regulation
				  will be grounds for sanctions as provided in the Act, including revocation of
				  the permit as provided in the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.209 - Permit No Defense

Current through Register Vol. 48, No. 28, July 12, 2024
The existence of a special waste hauling permit under this
				  Part does not provide the permittee with a defense to a violation of the Act or
				  Board regulations, except for hauling special waste without a special waste
				  hauling permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.210 - General Exemption from Special Waste Hauling Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who generates a total quantity of special waste
				  100 kilograms (220 pounds) 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.211 - Exemptions for Special Waste Transporters

Current through Register Vol. 48, No. 28, July 12, 2024
The following persons need not obtain a 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.212 - Duration of Special Waste Hauling Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to January 1, 2013, all permits
				issued under this Part will be issued for a period not to exceed one year and
				are renewable. Beginning January 1, 2013, all permits under this Part will be
				issued for a period not to exceed three years and are renewable.
b) Applications for renewal of a special
				waste hauling permit should be made prior to the expiration date of the permit
				on the application forms prescribed in Section
				809.302.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart B - SPECIAL WASTE HAULING PERMITS › Section 809.213 - Compliance with Federal Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A hazardous waste transporter shall comply with all the
				  provisions of 49 CFR 171, 172, 177, 178, 180, 383, 387, and 390 through 397,
				  incorporated by reference in Section
				  809.104,
				  if the hazardous waste is transported in Illinois.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart C - DELIVERY AND ACCEPTANCE › Section 809.301 - Requirements for Delivery of Special Waste to Transporters

Current through Register Vol. 48, No. 28, July 12, 2024
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 special waste
				  hauling permit issued by the Agency under Subpart B or C of this Part. The
				  following are exceptions to this requirement:
a) 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.
b) The generator or transporter is not
				required to complete a manifest for the following used oil mixtures, provided
				that the generator complies with the informational requirements of 35 Ill. Adm.
				Code
				739.146(a)
				and 35 Ill. Adm. Code
				809.501(b):
1) Mixtures of used oil as defined by and
				managed in accordance with 35 Ill. Adm. Code 739 and hazardous waste, both
				generated and mixed by a conditionally exempt small quantity generator of
				hazardous waste, provided that the mixture contains more than 50 percent used
				oil by either volume or weight;
2)
				Mixtures of used oil as defined by and managed in accordance with 35 Ill. Adm.
				Code 739 and characteristic hazardous waste, with a Btu per pound content
				greater than 5,000 prior to being mixed with the used oil, when:
A) the characteristic has been extinguished
				in the resultant mixture;
B) both
				the used oil and the characteristic hazardous waste have been generated and
				mixed by the same generator; and
C)
				the mixture contains more than 50 percent used oil by either volume or
				weight;
3) Mixtures of
				used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739 and
				fuel or other fuel products; and
4)
				Used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
				contaminated by or mixed with nonhazardous wastewater, when the used oil and
				the nonhazardous wastewater are generated by the same generator, and when the
				mixture results from use or unintentional contamination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart C - DELIVERY AND ACCEPTANCE › Section 809.302 - Requirements for Acceptance of Special Waste from Transporters

Current through Register Vol. 48, No. 28, July 12, 2024
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 special waste hauling permit issued by the Agency under Subpart B 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 following are exceptions to this requirement:
1) 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.
2) The generator or transporter is not
				required to complete a manifest for the following used oil mixtures, provided
				that the generator or transporter complies with the informational requirements
				of 35 Ill. Adm. Code
				739.146(a)
				and 35 Ill. Adm. Code
				809.501(b):
A) Mixtures of used oil as defined by and
				managed in accordance with 35 Ill. Adm. Code 739 and hazardous waste, both
				generated and mixed by a conditionally exempt small quantity generator of
				hazardous waste, provided that the mixture contains more than 50 percent used
				oil by either volume or weight;
B)
				Mixtures of used oil as defined by and managed in accordance with 35 Ill. Adm.
				Code 739 and characteristic hazardous waste, with a Btu per pound content
				greater than 5,000 prior to being mixed with the used oil, when:
i) the characteristic has been extinguished
				in the resultant mixture;
ii) both
				the used oil and the characteristic hazardous waste have been generated and
				mixed by the same generator; and
iii) the mixture contains more than 50
				percent used oil by either volume or weight;
C) Mixtures of used oil as defined by and
				managed in accordance with 35 Ill. Adm. Code 739 and fuel or other fuel
				products; and
D) Used oil as
				defined by and managed in accordance with 35 Ill. Adm. Code 739 contaminated by
				or mixed with nonhazardous wastewater, when the used oil and the nonhazardous
				wastewater are generated by the same generator, and when the mixture results
				from use or unintentional contamination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart D - PERMIT AVAILABILITY AND SYMBOLS › Section 809.401 - Permit Availability

Current through Register Vol. 48, No. 28, July 12, 2024
Upon issuance of a special waste hauling permit, the owner
				  and operator of any such vehicle used to transport special waste shall maintain
				  within the vehicle a legible photocopy of the special waste hauling permit.
				  Upon request, issuance of the special waste hauling 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 of the
				  special waste, or any treatment, storage, or disposal facility that has
				  handled, is handling, or will handle the special waste. Upon request by such
				  representative, the transporter shall make available a photocopy of the special
				  waste hauling permit to the representative. The owner and operator of the
				  vehicle shall also comply with any otherwise applicable federal
				  regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart D - PERMIT AVAILABILITY AND SYMBOLS › Section 809.402 - Special Waste Symbols

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart E - MANIFESTS, RECORDS AND REPORTING › Section 809.501 - Manifests, Records, Access to Records, Reporting Requirements and Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
				delivers special waste to a permitted special waste transporter must complete a
				manifest to accompany the special waste from delivery to the destination of the
				special waste. The following are exceptions to this requirement:
1) The generator or transporter is not
				required to complete a manifest for used oil that is defined by and managed in
				compliance with 35 Ill. Adm. Code 739.
2) The generator or transporter is not
				required to complete a manifest for the following used oil mixtures, provided
				that the generator or transporter complies with the informational requirements
				of 35 Ill. Adm. Code
				739.146(a)
				and 35 Ill. Adm. Code 809.501(b):
A) Mixtures
				of used oil as defined by and managed in compliance with 35 Ill. Adm. Code 739
				and hazardous waste, both generated and mixed by a conditionally exempt small
				quantity generator of hazardous waste, provided that the mixture contains more
				than 50 percent used oil by either volume or weight;
B) Mixtures of used oil as defined by and
				managed in compliance with 35 Ill. Adm. Code 739 and characteristic hazardous
				waste, with a Btu per pound content greater than 5,000 prior to being mixed
				with the used oil, when:
i) the
				characteristic has been extinguished in the resultant mixture;
ii) both the used oil and the characteristic
				hazardous waste have been generated and mixed by the same generator;
				and
iii) the mixture contains more
				than 50 percent used oil by either volume or weight;
C) Mixtures of used oil as defined by and
				managed in accordance with 35 Ill. Adm. Code 739 and fuel or other fuel
				products; and
D) Used oil as
				defined by and managed in compliance with 35 Ill. Adm. Code 739 contaminated by
				or mixed with nonhazardous wastewater, when the used oil and the nonhazardous
				wastewater are generated by the same generator, and when the mixture results
				from use or unintentional contamination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart G - EMERGENCY CONTINGENCIES FOR SPILLS › Section 809.701 - General Provision

Current through Register Vol. 48, No. 28, July 12, 2024
In order to facilitate the clean-up, transportation or safe
				  treatment, storage or disposal of any waste generated by an accidental release
				  of any material or special waste within Illinois that 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 are consistent
				  with Section 3003 of the Resource Conservation and Recovery Act of 1976 ( P.L.
				  94-580 ) and the Act and Board regulations. A written exception from the Agency
				  under this Subpart does not constitute a defense to a violation of the Act or
				  of this Part except for those requirements specifically stated in the written
				  exception.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart H - EFFECTIVE DATES › Section 809.801 - Compliance Date

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart J - REQUIREMENTS FOR HAULERS PREVIOUSLY PERMITTED UNDER THE UNIFORM PROGRAM › Section 809.1001 - Transporters Previously Permitted Under Uniform Hazardous Waste Transportation Permit and Registration Program

Current through Register Vol. 48, No. 28, July 12, 2024
A transporter who previously obtained a Uniform Permit is not
				  required to obtain a special waste hauler permit for the transportation of
				  special waste in Illinois until the transporter's Uniform registration
				  expires.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 810 - SOLID WASTE DISPOSAL: GENERAL PROVISIONS › Section 810.101 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to all solid waste disposal facilities
				regulated pursuant to 35 Ill. Adm. Code 811 through 817. This Part does not
				apply to hazardous waste management facilities regulated pursuant to 35 Ill.
				Adm. Code 700 through 750.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 810 - SOLID WASTE DISPOSAL: GENERAL PROVISIONS › Section 810.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or of 35 Ill. Adm. Code 811
				through 817 or its application to any person or under any circumstances is
				adjudged invalid, such adjudication shall not affect the validity of this Part
				or of 35 Ill. Adm. Code 811 through 817 as a whole or of any portion not
				adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 810 - SOLID WASTE DISPOSAL: GENERAL PROVISIONS › Section 810.105 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope
			 and Applicability
1) The USEPA, the Board, or
			 the Agency may allow for the filing of electronic documents. This Section does
			 not require submission of electronic documents in lieu of paper documents. This
			 Section sets forth the requirements for the optional electronic filing of any
			 report or document that must be submitted to the appropriate of the following:
A) To USEPA directly under Title 40 of the
			 Code of Federal Regulations; or
B)
			 To the Board or the Agency pursuant to any provision of 35 Ill. Adm. Code 810
			 through 815, to the extent the document is required by a provision derived from
			 40 CFR 258.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.101 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				standards of this Part apply to all new landfills, except as otherwise provided
				in 35 Ill. Adm. Code 816 and 817, and except those regulated pursuant to 35
				Ill. Adm. Code 700 through 749. Subpart A contains general standards applicable
				to all new landfills. Subpart B contains additional standards for new landfills
				which dispose of only inert wastes. Subpart C contains additional standards for
				new landfills which dispose of chemical and putrescible wastes.
b) All general provisions of 35 Ill. Adm.
				Code 810 apply to this Part.
c)
				Standards for Municipal Solid Waste Landfills
1) The standards of this Part also apply to
				all new MSWLF units, as defined at 35 Ill. Adm. Code
				810.103.
				The standards for the new MSWLF units include:
A) The standards applicable to new landfills
				pursuant to subsection (a); and
B)
				The standards adopted in this part that are identical-in-substance to the
				federal regulations promulgated by the U.S. Environmental Protection Agency
				pursuant Sections 4004 and 4010 of the RCRA relating to MSWLF program. Such
				standards are individually indicated as applicable to MSWL units.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.102 - Location Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall meet all requirements under the Wild and Scenic Rivers Act (
				16 U.S.C.
				1271 et seq.).
b) The facility shall not restrict the flow
				of a 100-year flood, result in washout of solid waste from the 100-year flood,
				or reduce the temporary water storage capacity of the 100-year floodplain,
				unless measures are undertaken to provide alternative storage capacity such as
				lagoons, holding tanks, or provision of drainage around structures at the
				facility.
c) The facility shall not
				be located in areas where it may pose a threat of harm or destruction to the
				features for which an irreplaceable historic, or archaeological site was listed
				pursuant to the National Historic Preservation Act (
				16 U.S.C.
				470 et seq.) or the Illinois Historic
				Preservation Act (Ill. Rev. Stat. 1989, ch. 127, par. 133d1 et seq.) for which
				a Natural Landmark was designated by the National Park Service or the Illinois
				State Historic Preservation Officer, or for which a natural area was designated
				as a Dedicated Illinois Nature Preserve pursuant to the Illinois Natural Area
				Preservation Act (Ill. Rev. Stat. 1989, ch. 105 par. 701 et seq.).
d) The facility shall not be located in areas
				where it may jeopardize the continued existence of any designated endangered
				species, result in the destruction or adverse modification of the critical
				habitat listed for such species, or cause or contribute to the taking of any
				endangered or threatened species of plant, fish or wildlife listed pursuant to
				the Endangered Species Act
				16
				U.S.C. 1531 et seq., or the Illinois
				Endangered Species Protection Act (Ill. Rev. Stat. 1989, ch. 8, par. 331 et
				seq.).
e) The facility shall not
				cause a violation of Section 404 of the Clean Water Act (
				33 U.S.C.
				1344 ).
f) The facility shall not cause a violation
				of any requirements implementing an areawide or statewide water quality
				management plan for nonpoint source pollution that has been approved under
				Section 208 of the Clean Water Act (
				33 U.S.C
				1288 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.103 - Surface Water Drainage

Current through Register Vol. 48, No. 28, July 12, 2024
a) Runoff
				from Disturbed Areas
1) Runoff from disturbed
				areas resulting from precipitation events less than or equal to the 25-year,
				24-hour precipitation event that is discharged to waters of the State must meet
				the requirements of 35 Ill. Adm. Code 304.
2) All discharges of runoff from disturbed
				areas to waters of the State must be permitted by the Agency in accordance with
				35 Ill. Adm. Code 309.
3) All
				treatment facilities must be equipped with bypass outlets designed to pass the
				peak flow of runoff from the 100-year, 24-hour precipitation event without
				damage to the treatment facilities or surrounding structures.
4) All surface water control structures must
				be operated until the final cover is placed and erosional stability is provided
				by the vegetative or other cover meeting the requirements of Section
				811.205
				or
				811.322.
5) All discharge structures must be designed
				to have flow velocities that will not cause erosion and scouring of the natural
				or constructed lining, i.e., bottom and sides, of the receiving stream
				channel.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.104 - Survey Controls

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				boundaries of all waste disposal units, property boundaries, disturbed areas,
				and the permit area for facilities subject to the requirements of Section 21 of
				the Environmental Protection Act (Act) (Ill. Rev. Stat. 1989, ch. 1111/2, par.
				1021) shall be surveyed and marked by a professional land surveyor.
b) All stakes and monuments shall be clearly
				marked for identification.
c) All
				stakes and monuments shall be inspected annually and surveyed no less
				frequently than once in five years by a professional land surveyor, who shall
				also replace monuments discovered during an inspection.
d) Control monuments shall be established to
				check vertical elevations. The control monuments shall be established and
				maintained by a professional land surveyor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.105 - Compaction

Current through Register Vol. 48, No. 28, July 12, 2024
All waste shall be deposited at the lowest part of the active
				  face, and compacted to the highest achievable density necessary to minimize
				  void space and settlement unless precluded by extreme weather conditions. The
				  Agency may approve an alternative location for placement of wastes, if the
				  operator demonstrates that it is required under the conditions existing at the
				  site or for reasons of safety.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.106 - Daily Cover

Current through Register Vol. 48, No. 28, July 12, 2024
a) A uniform
				layer of at least 0.15 meter (six inches) of clean soil material must be placed
				on all exposed waste by the end of each day of operation.
b) Alternative materials or procedures,
				including the removal of daily cover prior to additional waste placement, may
				be used, provided that the alternative materials or procedures achieve
				equivalent or superior performance to the requirements of subsection (a) in the
				following areas:
1) Prevention of blowing
				debris;
2) Minimization of access
				to the waste by vectors;
3)
				Minimization of the threat of fires at the open face; and
4) Minimization of odors.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.107 - Operating Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Phasing
				of Operations
1) Waste must be placed in a
				manner and at such a rate that mass stability is provided during all phases of
				operation. Mass stability means that the mass of waste deposited will not
				undergo settling or slope failure that interrupts operations at the facility or
				causes damage to any of the various landfill operations or structures, such as
				the liner, leachate or drainage collection system, gas collection system, or
				monitoring system.
2) The phasing
				of operations at the facility must be designed in such a way as to allow the
				sequential construction, filling, and closure of discrete units or parts of
				units.
3) The operator must design
				and sequence the waste placement operation in each discrete unit or parts of
				units, in conjunction with the overall operations of the facility, so as to
				shorten the operational phase and allow wastes to be built up to the planned
				final grade.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.108 - Salvaging

Current through Register Vol. 48, No. 28, July 12, 2024
a) All salvaging
				operations shall in no way interfere with the operation of the waste disposal
				facility, result in a violation of any standard in this Part or of 35 Ill. Adm.
				Code 812 through 815, or delay the construction or interfere in the operation
				of the liner, leachate collection system, daily, intermediate or final cover
				and any monitoring devices.
b) All
				salvaging operations shall be performed in a safe and sanitary manner in
				compliance with the requirements of this Part.
c) Salvagable materials:
1) May be accumulated onsite by a landfill
				operator, provided they are managed so as not to create a nuisance, harbor
				vectors, cause malodors, or create an unsightly appearance; and
2) May not be accumulated onsite for longer
				than seven days, unless, pursuant to Section 39 of the Act, the Agency has
				issued a permit with alternative conditions for management such materials in
				compliance with subsection (c)(1).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.109 - Boundary Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Access to
				the open face area of the unit and all other areas within the boundaries of the
				facility shall be restricted to prevent unauthorized entry at all
				times.
b) A permanent sign shall be
				posted at the entrance to the facility stating that disposal of hazardous waste
				is prohibited and, if the lanfill is approved for accepting special wastes,
				that special wastes must be permitted by the Agency and accompanied by a
				manifest and an identification record along with the following information:
1) Permit number, if the facility is subject
				to the permit requirements of Section 21 of the Act.
2) Hours of operation;
3) The penalty for unauthorized trespassing
				and dumping;
4) The name and
				telephone number of the appropriate emergency response agencies who shall be
				available to deal with emergencies and other problems, if different that the
				operator; and
5) The name, address
				and telephone number of the company operating the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.110 - Closure and Written Closure Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The final slopes and contours must be designed to complement and blend with the
				surrounding topography of the proposed final land use of the area.
b) All drainage ways and swales must be
				designed to safely pass the runoff from the 100-year, 24-hour precipitation
				event without scouring or erosion.
c) The final configuration of the facility
				must be designed in a manner that minimizes the need for further
				maintenance.
d) Written Closure
				Plan
1) The operator must maintain a written
				plan describing all actions that the operator will undertake to close the unit
				or facility in a manner that fulfills the provisions of the Act, of this Part
				and of other applicable Parts of 35 Ill. Adm. Code: Chapter I. The written
				closure plan must fulfill the minimum information requirements of 35 Ill. Adm.
				Code
				812.114.
2) A modification of the written closure plan
				must constitute a significant modification of the permit for the purposes of 35
				Ill. Adm. Code 813.Subpart B.
3) In
				addition to the informational requirements of subsection 811.100(d)(1), an
				owner or operator of a MSWLF unit must include the following information in the
				written closure plan:
A) An estimate of the
				largest area of the MSWLF unit ever requiring a final cover, as required by
				Section
				811.314, at
				any time during the active life; and
B) An estimate of the maximum inventory of
				wastes ever on-site over the active life of the landfill facility.
BOARD NOTE: Subsection 811.110(d)(3) is derived from
				  40 CFR 258.60(c)(1) and
				  (c)(2) (2017).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.111 - Postclosure Maintenance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				operator shall treat, remove the site, or dispose of all wastes and waste
				residues within 30 days after receipt of the final volume of waste.
b) The operator shall remove all equipment or
				structures not necessary for the postclosure land use, unless otherwise
				authorized by permit.
c)
				Maintenance and Inspection of the Final Cover and Vegetation:
1) Frequency of Inspections
A) The operator shall conduct a quarterly
				inspection of all vegetated surfaces for a minimum of five years after closure,
				and after five years, the operator may reduce the frequency of annual
				inspections until settling has stopped and there are no eroded or scoured
				areas.
B) For landfills, other than
				those used exclusively for disposing waste generated at the site, inspections
				shall be continued for a minimum period of 15 years after closure.
C) For MSWLF units, inspections performed in
				accordance with subsection (c)(1)(A) shall be continued for a minimum period of
				30 years after closure, except as otherwise provided by subsections (c)(1)(D)
				and (c)(1)(E), below.
D) The Agency
				may reduce the inspection and maintenance period at a MSWLF unit upon a
				demonstration by the owner or operator that the reduced period is sufficient to
				protect human health and environment.
E) The owner or operator of a MSWLF unit
				shall petition the Board for an adjusted standard in accordance with Section
				811.303,
				if the owner or operator seeks a reduction of the postclosure care monitoring
				period for all of the following requirements:
i) Inspection and maintenance (Section
				811.111 );
ii) Leachate collection
				(Section
				811.309
				);
iii) Gas monitoring (Section
				811.310
				); and
iv) Groundwater monitoring
				(Section
				811.319
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.112 - Recordkeeping Requirements for MSWLF Units

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a MSWLF unit shall record and retain
				  near the facility in an operating record or in some alternative location
				  specified by the Agency, the information submitted to the Agency pursuant to 35
				  Ill. Adm. Code 812 and 813, as it becomes available. At a minimum, the
				  operating record shall contain the following information, even if such
				  information is not required by 35 Ill. Adm. Code 812 or 813:
a) Any location restriction demonstration
				required by Section
				811.302(e)
				and 35 Ill. Adm. Code
				812.109,
				812.110,
				812.303,
				and
				812.305;
b) Inspection records, training procedures,
				and notification procedures required by Section
				811.323;
c) Gas monitoring results and any remediation
				plans required by Section
				811.310
				and
				811.311;
d) Any MSWLF unit design documentation for
				placement of leachate or gas condensate in a MSWLF unit required by Section
				811.107(m);
e) Any demonstration, certification,
				monitoring results, testing, or analytical data relating to the groundwater
				monitoring program required by Sections
				811.319,
				811.324,
				811.325,
				and
				811.326
				and 35 Ill. Adm. Code
				812.317,
				813.501, and
				813.502;
f) Closure and post-closure care plans and
				any monitoring, testing, or analytical data required by Sections
				811.110
				and
				811.111,
				and 35 Ill. Adm. Code
				812.114(h),
				812.115,
				and
				812.313;
				and
g) Any cost estimates and
				financial assurance documentation required by Subpart G of this Part.
BOARD NOTE: The requirements of this Section are derived
					 from
					 40 CFR
					 258.29(2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart A - GENERAL STANDARDS FOR ALL LANDFILLS › Section 811.113 - Electronic Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
The filing of any document pursuant to any provision of this
				  Part as an electronic document is subject to 35 Ill. Adm. Code
				  720.104.
BOARD NOTE: Derived from 40 CFR 3, as added, and
					 40 CFR
					 258.29(d) (2005), as amended
					 at 70 Fed. Reg. 59848 (Oct. 13,
					 2005).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart B - INERT WASTE LANDFILLS › Section 811.201 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The standards of this Subpart, in addition to the
				  requirements of Subpart A, shall apply to all new landfills in which only inert
				  waste is to be placed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart B - INERT WASTE LANDFILLS › Section 811.202 - Determination of Contaminated Leachate

Current through Register Vol. 48, No. 28, July 12, 2024
a) Leachate shall be considered contaminated
				if it contains concentrations of constituents greater than the public and food
				processing water supplies standards 35 Ill. Adm. Code
				302.301,
				302.304,
				and
				302.305. The
				operator shall determine whether the leachate from the waste is contaminated by
				analyzing it for constituents for which a numerical standard has been
				established by the Board.
b) A
				representative sample of leachate extracted from the waste by a laboratory
				procedure may be used to model the expected constituents and concentrations of
				the leachate. The laboratory test shall meet the following standards:
1) The procedure shall be designed to closely
				reproduce expected field conditions; and
2) The test shall utilize an extraction fluid
				representative of the physical and chemical characteristics of the liquid
				expected to infiltrate through the waste.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart B - INERT WASTE LANDFILLS › Section 811.203 - Design Period

Current through Register Vol. 48, No. 28, July 12, 2024
The design period for all inert waste disposal units shall be
				  the estimated operating life of the unit plus a minimum postclosure care period
				  of five years. For landfills, other than those used exclusively for disposing
				  waste generated at the site, the minimum postclosure care period, for the
				  purposes of monitoring settling at the site, shall be 15
				  years.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart B - INERT WASTE LANDFILLS › Section 811.204 - Final Cover

Current through Register Vol. 48, No. 28, July 12, 2024
A minimum of 0.91 meter (three feet) of soil material that
				  will support vegetation which prevents or minimizes erosion shall be applied
				  over all disturbed areas. Where no vegetation is required for the intended
				  postclosure land use, the requirements of Section
				  811.205(b)
				  will not apply; however, the final surface shall still be designed to prevent
				  or minimize erosion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart B - INERT WASTE LANDFILLS › Section 811.205 - Final Slope and Stabilization

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The waste disposal unit shall be designed and constructed to achieve a minimum
				static slope safety factor of 1.5 and a minimum seismic safety factor of
				1.3.
b) Standards for Vegetation
1) Vegetation shall be promoted on all
				reconstructed surfaces to minimize wind and water erosion;
2) Vegetation shall be compatible with (i.e.
				grow and survive under) the local climatic conditions;
3) Vegetation shall require little
				maintenance;
4) Vegetation shall
				consist of a diverse mix of native and introduced species consistent with the
				postclosure land use; and
5)
				Temporary erosion control measures, including, but not limited to, the
				application, alone or in combination, of mulch, straw, netting, or chemical
				soil stabilizers, shall be undertaken while vegetation is being
				established.