reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.663 - Surety Bond Guaranteeing Performance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator may satisfy the requirements
				of this Subpart by obtaining a surety bond that conforms to the requirements of
				this Section and submitting the bond to the Agency.
b) The surety company issuing the bond must
				be licensed by the Illinois Department of Insurance, pursuant to the Illinois
				Insurance Code [215 ILCS 5 ], or at a minimum the insurer must be licensed to
				transact the business of insurance, or approved to provide insurance as an
				excess or surplus lines insurer, by the insurance department in one or more
				states, and approved by the U.S. Department of the Treasury as an acceptable
				surety.
BOARD NOTE: The U.S. Department of the Treasury lists
				  acceptable sureties in its Circular 570.
c) The surety bond must be on the form
				specified in Appendix A, Illustration D.
d) Any payments made under the bond will be
				placed in the Landfill Closure and Post-Closure Fund within the State
				Treasury.
e) Conditions:
1) The bond must guarantee that the operator
				will:
A) Provide closure and post-closure care
				in accordance with the closure and post-closure care plans in the permit;
				and
B) Provide alternate financial
				assurance, as specified in this Subpart, and obtain the Agency's written
				approval of the assurance provided within 90 days after receipt by both the
				operator and the Agency of a notice from the surety that the bond will not be
				renewed for another term.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.664 - Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operator
				may satisfy the requirements of this Subpart by obtaining an irrevocable
				standby letter of credit that conforms to the requirements of this Section and
				submitting the letter to the Agency.
b) The issuing institution must be an entity
				that has the authority to issue letters of credit and:
1) Whose letter-of-credit operations are
				regulated by the Department of Financial and Professional Regulation;
				or
2) Whose deposits are insured by
				the Federal Deposit Insurance Corporation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.665 - Closure Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				operator may satisfy the requirements of this Subpart by obtaining closure and
				post-closure care insurance that conforms to the requirements of this Section
				and submitting to the Agency an executed duplicate original of the insurance
				policy and the certificate of insurance for closure and/or post-closure care
				specified in Appendix A, Illustration F.
b) The insurer must be licensed to transact
				the business of insurance by the Illinois Department of Insurance or at a
				minimum the insurer must be licensed to transact the business of insurance, or
				approved to provide insurance as an excess or surplus lines insurer, by the
				insurance department in one or more states.
c) The policy must be on forms filed with the
				Illinois Department of Insurance pursuant to Section 143(2) of the Illinois
				Insurance Code [215 ILCS
				5/143(2) ] and 50 Ill. Adm. Code 753,
				or on forms approved by the insurance department of one or more
				states.
d) Face amount:
1) The closure and post-closure care
				insurance policy must be issued for a face amount at least equal to the current
				cost estimate. The term "face amount" means the total amount the insurer is
				obligated to pay under the policy. Actual payments by the insurer will not
				change the face amount, although the insurer's future liability will be lowered
				by the amount of the payments.
2)
				Whenever the current cost estimate decreases, the face amount may be reduced to
				the amount of the current cost estimate following written approval by the
				Agency.
3) Whenever the current
				cost estimate increases to an amount greater than the face amount, the
				operator, within 90 days after the increase, must either cause the face amount
				to be increased to an amount at least equal to the current cost estimate and
				submit evidence of the increase to the Agency or obtain other financial
				assurance, as specified in this Subpart, to cover the increase and submit
				evidence of the alternate financial assurance to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart F - FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE › Section 807.666 - Self-insurance for Non-Commercial Sites

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions: The following terms are used
				in this Section. The definitions are intended to assist in the understanding of
				this Section and are not intended to limit the meanings of terms in a way that
				conflicts with generally accepted accounting principles.
"Assets" means all existing and all probable future economic
				  benefits obtained or controlled by a particular entity.
"Current assets" means cash or other assets or resources
				  commonly identified as those which are reasonably expected to be realized in
				  cash or sold or consumed during the normal operating cycle of the
				  business.
"Current liabilities" means obligations whose liquidation is
				  reasonably expected to require the use of existing resources properly
				  classifiable as current assets or the creation of other current
				  liabilities.
"Generally accepted accounting principles" means the
				  accounting and auditing standards incorporated by reference at 35 Ill. Adm.
				  Code
				  810.104(a)(2).
"Gross Revenue" means total receipts less returns and
				  allowances.
"Independently audited" refers to an audit performed by an
				  independent certified public accountant in accordance with generally accepted
				  auditing standards.
"Liabilities" means probable future sacrifices of economic
				  benefits arising from present obligations to transfer assets or provide
				  services to other entities in the future as a result of past transactions or
				  events.
"Net working capital" means current assets minus current
				  liabilities.
"Net worth" means total assets minus total liabilities and is
				  equivalent to owner's equity.
"Tangible net worth" means the tangible assets less
				  liabilities; tangible assets do not include intangibles such as goodwill and
				  rights to patents or royalties.
b) An operator may satisfy the financial
				assurance requirements of this Part by providing the following:
1) Bond without surety promising to pay the
				cost estimate (subsection (c)).
2)
				Proof that the operator meets the gross revenue test (subsection
				(d)).
3) Proof that the operator
				meets the financial test (subsection (e)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 807 - SOLID WASTE › Subpart G - SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL APPLICABILITY › Section 807.700 - Cretex Pressure Pipe, Inc. Concrete Waste Disposal Site

Current through Register Vol. 48, No. 28, July 12, 2024
a) The cover of
				requirements of Section
				807.305(a), (b) and
				(c) shall not apply to the on-site disposal
				of concrete waste resulting from the manufacturing operations of Cretex
				Pressure Pipe, Inc. (Cretex) at its South Beloit, Winnebago County,
				plant.
b) Disposal activities shall
				meet the following requirements:
1) Cretex
				shall limit waste disposal to the types of waste disposed of pursuant to
				variance granted in PCB 83-125, which are concrete waste, cull pipe, and metal
				reinforcing rods embedded in concrete. Cretex shall take all reasonable
				measures to minimize disposal of such metals as waste through use of recycling,
				such as reuse of the metals on-site or sale or exchange of the metals through
				the Illinois Industrial Materials Exchange Service.
2) Cretex shall limit the exposed, active
				surface of its disposal site to a one acre area, and the height of the fill in
				the active area to that of adjacent improved terrain.
3) Once a week, Cretex shall cover the
				exposed, active surface of its disposal site with a compacted layer of at least
				6 inches of earthen material.
4)
				Within 60 days of cessation of disposal activities, in any one acre area,
				Cretex shall provide any final, sloping faces of its disposal site with at
				least two feet of final cover consisting of compacted earthen material. Cretex
				shall insure that a vegetative cover is established to control
				erosion.
5) Within 60 days of
				cessation of disposal activities, Cretex shall provide any flat reclaimed area
				of its disposal site which is to be used for the storage of pipe inventory and
				equipment, or which is to be occupied by buildings, with at least six inches of
				final cover consisting of silty sand or similar material. However, within 60
				days of cessation of such uses, Cretex shall provide at least an additional 18
				inches of final cover material as specified in subsection (b)(4)
				above.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 808.100 - Purpose, Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part provides a means by which persons may obtain a classification or
				declassification of special (non-Resources Conservation and Recovery Act (RCRA)
				(
				42 U.S.C.
				6901 et seq.) waste as defined in Section
				808.110,
				based on the degree of hazard of the waste or other characteristics, to assure
				that the waste receives appropriate handling. This Part does not apply to
				materials which are not special wastes as defined by the Act.
b) This Part allows any person generating
				such special waste to request waste classification and prescribes procedures by
				which applicants may supply detailed information in order to establish the
				appropriate waste classification. For the purposes of this Part, the term
				"classification" includes declassification. Waste which has been declassified
				shall not be deemed special waste until further action to the contrary by the
				Agency pursuant to this Part.
c)
				Special wastes that are declassified pursuant to this Part are not subject to
				any of the special waste hauling, disposal and reporting requirements of 35
				Ill. Adm. Code 809, but are still subject to other Parts of 35 Ill. Adm. Code:
				Subtitle G which govern the transport, treatment, storage and hauling of
				non-special wastes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 808.101 - Transitional Rule

Current through Register Vol. 48, No. 28, July 12, 2024
Wastestreams which have been declassified by the Agency
				  pursuant to Section 22.9(c) of the Act prior to the effective date of these
				  rules shall remain declassified for a period of not more than two years
				  following the effective date of these rules, unless extended by the Board in a
				  variance proceeding. In order to accommodate its workload, the Agency may, by
				  giving not less than 180 days' prior written notice, require generators to make
				  reapplication by a date certain within this two year time period. The Agency
				  may extend this reapplication deadline for a period of not more than an
				  additional 180 days, but in no event may the Agency extend the deadline to a
				  date more than two years following the effective date of this Part. Upon
				  application before the deadline, such wastestreams shall remain declassified
				  during the pendency of any Agency determination or any appeal to the Board of
				  such determination made pursuant to Section 22.9(e) of the Act. As provided in
				  Section
				  808.241,
				  all special (non-RCRA) wastes shall be deemed Class A special wastes unless a
				  contrary determination has been made pursuant to this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 808.111 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board incorporates the following materials by reference:
ANSI. Available from the American National Standards
				  Institute, 1430 Broadway, New York, New York 10018, (212) 354-3300:
ANSI/ASQC C1-1985, "Specification of General Requirements for
				  a Quality Program", approved November, 1985.
ANSI/ASQC S1-1987, "An Attribute Skip-Lot Sampling Program",
				  approved March 6, 1987.
ANSI/ASQC Q94-1987, "Quality Management and Quality System
				  Elements - Guidelines", Approved June 15, 1987.
ANSI/ASQC Z1.4 -1981, "Sampling Procedures and Tables for
				  Inspection by Attributes", Approved 1981.
ANSI/ASQC Z1.9 -1980, "Sampling Procedures and Tables for
				  Inspection by Variables for Percent Nonconforming", Approved March 6,
				  1980.
ASTM. Available from American
				Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103,
				(215) 299-5400:
ASTM Standard D 3828-87 "Standard Test Methods for Flash
				  Point of Liquids by Setaflash Closed Tester", approved December 14,
				  1987.
ASTM Standard D-93-79 or D-93-80 "ASTM Standard Test Methods
				  for Flash Point Pensky-Martens Closed Tester," approved August 19, 1980.
ASTM Standard E 896-87 "Standard Test Method for Conducting
				  Aqueous Direct Photolysis Tests", approved September 25, 1987.
ASTM Standard E 1147-87 "Standard Test Method for Partition
				  Coefficient (n-Octanol/Water) Estimation by Liquid Chromatography", approved
				  February 27, 1987.
ASTM Standard E 1148-87 "Standard Test Method for
				  Measurements of Aqueous Solubility", approved April 3, 1987
NTIS. Available from the National Technical
				Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703)
				487-4600:
"Methods for Chemical Analysis of Water and Wastes", Third
				  Edition, March, 1983. (Document number PB 84-128677)
"Test Methods for Evaluating Solid Waste", Physical/Chemical
				  Methods," EPA Publication number SW-846 United States Environmental Protection
				  Agency (Third Edition, November, 1986).
Federal Register. Available from the Superintendent of
				  Documents, United States Printing Office, Washington, DC 20402:
USEPA Guidelines for Carcinogenic Risk Assessment, 51 Fed.
				  Reg. 33992-34003 (September 21, 1986).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 808.121 - Generator Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
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) The
				generator 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):
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 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 808.122 - Manifests

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided by Section
				  808.121(b),
				  the generator of any special waste shall prepare a manifest, as prescribed by
				  35 Ill. Adm. Code
				  809.501,
				  prior to shipment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart A - GENERAL PROVISIONS › Section 808.123 - Small Quantity Generators

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who generates a total quantity of special waste of
				  100 kilograms (220 pounds) or less in a calendar month is not required to
				  initiate a manifest when delivering such special waste to a hauler, provided
				  that such waste shall not be accumulated for more than 180 days prior to
				  shipment. In any action to enforce the requirements of this Part in which the
				  generator asserts the applicability of this Section, the burden of proof shall
				  be on the generator to establish compliance with the monthly quantity
				  limitation and the time limit on accumulation. The generator shall record and
				  maintain the quantities and dates of waste generation and accumulation to
				  establish compliance with such quantity and time limitations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart B - CLASSES OF SPECIAL WASTE › Section 808.240 - Special Waste Classes

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				contains rules for the classification and declassification of special
				(non-RCRA) wastes. There are two classes of such special wastes, "Class A" and
				"Class B." Wastes which are declassified pursuant to Section
				808.245
				of this Part shall no longer be considered special wastes.
b) "Class A" special wastes are those special
				(non-RCRA) wastes which the Agency has not determined, pursuant to this Part,
				to be a Class B special waste. "Class B" special wastes are those special
				(non-RCRA) wastes which the Agency determines, pursuant to Section 808.245,
				pose a low or moderate degree of hazard to the environment or the public health
				in the course of their transportation, storage, treatment or
				disposal.
c) This Subpart should be
				read in conjunction with the flowchart in Appendix A. The flowchart is employed
				by answering the queries in order, beginning from the top, and following the
				lines corresponding to the appropriate responses down the chart until the waste
				is classified. The Sections of this Subpart are so arranged on that flowchart
				that the first Section on the chart which assigns a waste classification to the
				waste controls.
d) Subpart D
				contains procedures by which a person may request that the Agency assign a
				special wastestream to a class.
e)
				Subpart H contains waste classifications based on source or characteristics to
				which specific wastestreams have been assigned.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart B - CLASSES OF SPECIAL WASTE › Section 808.241 - Default Classification of Special Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
Any special (non-RCRA) waste is a Class A special waste
				  unless and until the Agency determines otherwise pursuant to this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart B - CLASSES OF SPECIAL WASTE › Section 808.242 - Special Handling Waste

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may determine that a waste which is declassifiable
				  pursuant to Section
				  808.245(d)
				  is a special handling waste. Any such waste shall be so identified by the
				  Agency, together with appropriate conditions on its form and mode of
				  containment in transport or storage. A declassifiable waste which is determined
				  to be a special handling waste is a Class B special waste.
BOARD NOTE: This rule sets the special handling flag. A
					 special handling waste will require manifesting, regardless of the toxic score
					 under Section
					 808.245,
					 to protect the waste hauler, the treatment or disposal operator and their
					 employees.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart B - CLASSES OF SPECIAL WASTE › Section 808.243 - Wastes Categorized by Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpart H defines certain categories of
				wastes, based on the type of source or generator, and assigns them to
				classes.
b) A waste which meets the
				criteria for inclusion within a category based on the type of source or
				generator, is a special waste the of class specified for that
				category.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart B - CLASSES OF SPECIAL WASTE › Section 808.244 - Wastes Categorized by Characteristics

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpart H defines certain categories of
				waste based on their characteristics, and assigns them to classes.
b) A waste which meets the criteria for
				inclusion within a category based on its characteristics is a special waste of
				the class specified for that category.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart B - CLASSES OF SPECIAL WASTE › Section 808.245 - Classification of Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
Special wastes which are subject to this Subpart shall be
				  classified or declassified based on toxic score as follows:
a) Compute the toxic score for the
				wastestream pursuant to Appendix B or, where applicable, pursuant to Section
				808.431,
				utilizing a data base which meets the standards of Section
				808.302.
				However, if use of Appendix B or Section
				808.431 is
				demonstrated to the Agency to be inapplicable or unavailable for the
				wastestream, the generator may employ a bioassay procedure approved by the
				Agency pursuant to Section 808.302, solely for the purpose of determining if
				the waste in its undiluted form results in no behavioral response from the
				exposed test organisms and, thus, warrants a toxic score of 0 (zero). Where
				applicable, the toxic score shall include the maximum volume of waste to which
				such score applies.
b) Except as
				authorized under subsection (e), a wastestream receiving a toxic score of 3
				shall be deemed a Class A special waste.
c) Except as authorized under subsection (e),
				a wastestream receiving a toxic score of 1 or 2 shall be deemed a Class B
				special waste; however, such waste shall be deemed a Class A special waste if
				the Agency determines that it exhibits one or more of the following
				characteristics:
1) The physical form of the
				waste renders it difficult to manage in transport, storage or handling prior to
				final disposition, or in a landfill (Examples of wastes possessing such form
				are wastes containing free liquids, and wastes in finely divided form which are
				susceptible to airborne dispersal.);
2) The chemical properties of the waste, if
				exposed to the atmosphere or to an aqueous environment, render it difficult to
				manage in the event of a leak, spill or other loss of containment during
				transport, storage or handling prior to final disposition, or in a landfill
				(Examples of wastes possessing such properties are wastes which produce noxious
				or toxic fumes or gases in sufficient concentration and quantity to pose a
				threat to the public health or the environment, wastes which are ignitable or
				flammable, wastes which are readily soluble in water, and wastes which are
				highly moble in an aqueous environment, including in groundwater.);
				or
3) The unstable nature of the
				waste renders it difficult to contain during transport, storage or handling
				prior to final disposition, or in a landfill (Examples of wastes possessing
				such an unstable nature are wastes which are corrosive or reactive, and any
				other wastes which, under foreseeable conditions, may cause the premature
				failure of waste containment devices and structures.).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart C - CRITERIA AND DATA REQUIREMENTS › Section 808.300 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart governs criteria and data requirements which
				  shall be used to predict the degree of hazard pursuant to Section
				  808.245.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart C - CRITERIA AND DATA REQUIREMENTS › Section 808.301 - Degree of Hazard Determination by Computer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may employ electronic data
				processing equipment and programs to accomplish the purposes of this Subpart.
				Any such program must assign a degree of hazard according to the method
				specified in Section
				808.245.
b) The output generated by use of such
				equipment or such a program must display all data used in each degree of hazard
				prediction, together with the source of the data.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart C - CRITERIA AND DATA REQUIREMENTS › Section 808.302 - Data Base and Bioassay Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section governs the data base and bioassay procedures which may be
				employed to assess the physical, chemical and toxicological properties of waste
				constituents.
b) The data base, and
				any bioassay procedure utilized pursuant to Section
				808.245(a),
				shall consist of and use data and procedures which the Agency determines are a
				reliable basis for decision. Reliability of a source of data and procedures
				shall be assessed by reference to such factors as, but not limited to,
				scientific validity; consistency with directly observable data, including
				monitoring data; and the consistency of results of repeated applications of the
				data, procedures and formulae. Sources of data may include, but are not limited
				to, the following:
1) Standard reference
				sources;
2) Material published or
				incorporated by reference by a federal regulation or by a regulation adopted by
				an agency of the State of Illinois;
3) The application under consideration and
				written communications between the applicant and the Agency or their
				representatives with respect to the application;
4) Data and procedures previously used by the
				Agency in other wastestream categorization determinations; or
5) Agency inspection, permitting and
				enforcement files relating to the generator or the wastestream, excluding
				complaint forms (except where the complainant will be available voluntarily for
				deposition and examination under oath at any hearing on appeal pursuant to
				Subpart G).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.400 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				specifies the procedures which shall be used to obtain a waste classification
				from the Agency.
b) A waste
				classification may be requested by generators of special waste, as specified in
				Subpart A.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.402 - Application for Waste Classification

Current through Register Vol. 48, No. 28, July 12, 2024
An application for waste classification shall, at a minimum,
				  include thefollowing information:
a)
				Basic information:
1) The name, address and
				phone number of the original generator;
2) The original generator's United States
				Environmental Protection Agency (USEPA) identification number (35 Ill. Adm.
				Code
				722.122 ) and
				the Agency identification number, if the original generator has obtained
				either;
3) The name and address of
				any treater of the waste;
4) Any
				treater's USEPA identification number and Agency site number, if the treater
				has obtained either;
5) Whether any
				treater has a RCRA permit or interim status;
6) A chemical and physical analysis of the
				waste as specified in Section
				808.410;
7) A wastestream description, as specified in
				Section
				808.413;
8) A quality assurance plan, as specified in
				Section
				808.420;
9) A description of any current waste
				storage, treatment and disposal processes applicable to the
				wastestream;
10) Identification of
				the disposal site or sites to which the applicant proposes to send the waste,
				and the proposed modes of transportation;
BOARD NOTE: This information is requested to assist the
				  Agency in reviewing the application. These rules do not preclude use of a
				  disposal site which is not identified in the application for classification;
				  and
11) Wastestream number
				of any supplemental wastestream permit issued for the waste pursuant to 35 Ill.
				Adm. Code
				807.210, and
				the expiration date of any such permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.410 - Physical and Chemical Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
Physical and chemical analyses of wastes for purposes of this
				  Subpart shall be conducted as follows:
a) Samples must be representative of the
				wastestream and shall:
1) Include all waste
				phases.
2) Be taken from areas
				distributed spatially within the waste bulk; and
3) Be taken at suitable time intervals and
				over a sufficient period of time to account for variation in the wastestream
				through work shifts, seasons, etc.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.411 - Significant Trace Constituents

Current through Register Vol. 48, No. 28, July 12, 2024
A significant trace constituent is a constituent revealed by
				  analysis:
a) Which is present at a
				mass concentration of less than 1 percent; and
b) Which has a toxicity, BiTi, as determined
				in Appendix B, of less than 500 mg/1.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.412 - Common Names

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall utilize common names, together with a
				  description of each, for constituents not amenable to chemical
				  nomenclature.
BOARD NOTE: The purpose of this provision is to promote
					 greater consistency in the naming of constituents. The Agency may use this
					 mechanism to assign common names to constituents. Such names include: Sand,
					 water, wood, foodstuff, etc. In addition, this mechanism can be used to assign
					 a name and toxicological properties to complex mixtures after these have been
					 determined for a wastestream or a type of waste-generating
					 process.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.413 - Wastestream Description

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				wastestream description must include the following:
1) The name of the generator, if other than
				the original generator, identified in the application for waste classification
				pursuant to Section
				808.402(a)(1);
2) The name of the wastestream, as assigned
				by the Agency pursuant to Section
				808.412,
				or as assigned by the generator, if no name has been assigned by the
				Agency;
3) A general description of
				the activity, production process or treatment process which gives rise to the
				waste;
4) A general description of
				the physical and chemical properties of the wastestream, including its
				anticipated annual volume.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.420 - Quality Assurance Plan

Current through Register Vol. 48, No. 28, July 12, 2024
A quality assurance plan shall detail steps which the
				  generator will take to ensure that the waste conforms with the wastestream
				  description.
a) The plan must include
				employee orientation measures, such as the following:
1) Assignment of responsibility for assuring
				compliance;
2) Employee
				training;
3) Work rules;
4) Posting of signs; and
5) Positioning of waste
				receptacles.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.430 - Degree of Hazard Data

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicant shall submit its degree of hazard prediction, including the estimated
				toxic score and the information or data used to calculate the prediction, with
				the application.
BOARD NOTE: The applicant may include the results of a degree
				  of hazard prediction performed by a computer program.
b) The Agency may request additional data, if
				necessary to assign the waste to a class and the application contains
				inadequate information to determine the degree of hazard of the waste.
BOARD NOTE: If the Agency requests data, the request may
				  include a computer-generated result of an attempt to perform the degree of
				  hazard prediction, together with a specific request for needed data.
c) Degree of hazard data shall
				include sufficient information to classify the waste pursuant to Section
				808.245.
				In addition to the information normally obtained by the physical and chemical
				analysis required by Section
				808.410,
				the degree of hazard data shall include, but not be limited to, the following
				with respect to each constituent:
1)
				Toxicity;
2) n-Octanol/water
				partition coefficient;
3)
				Persistence, measured as the half-life in days; and
4) Solubility in water, in parts per million
				on a weight basis.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart D - REQUEST FOR WASTE CLASSIFICATION › Section 808.431 - Toxicological Testing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise authorized by Section
				808.245(a),
				the Agency shall request that the applicant perform toxicological testing of
				components or of the waste pursuant to Appendix B of this Part, if a toxic
				score determination is necessary to assign the waste to a class and there is
				inadequate information in the Agency's data base to determine the toxic
				score.
b) The applicant shall elect
				to include the results of toxicological testing of either the components of the
				waste or the waste itself.
c)
				Testing required under subsection (a) shall be to determine an
				LD50-oral rat. The Agency shall approve alternative
				toxicological testing if the applicant demonstrates that an
				LD50-oral rat cannot be measured or is otherwise
				inappropriate. The applicant shall document the relation of the alternative
				test to an LD50-oral rat.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart E - REVIEW OF CLASSIFICATION REQUESTS › Section 808.501 - Order of Requesting Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) If possible, the Agency shall categorize
				the wastestream without requesting or using degree of hazard data pursuant to
				Section
				808.430.
				However, nothing herein shall preclude the Agency from requesting or using
				degree of hazard data to confirm the characteristics of the waste.
BOARD NOTE: For example, if the waste is a categorical waste,
				  it should be assigned to the type for that category without resort to degree of
				  hazard data.
b) If, after
				requesting and receiving degree of hazard data pursuant to Section 808.430, the
				Agency still cannot determine the degree of hazard, the Agency shall request
				toxicological testing pursuant to Section
				808.431.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart E - REVIEW OF CLASSIFICATION REQUESTS › Section 808.502 - Completeness

Current through Register Vol. 48, No. 28, July 12, 2024
a) An incomplete
				application is one which, together with the Agency's database, has insufficient
				information to classify the waste.
b) If the Agency determines that an
				application is incomplete, it shall classify the waste as a Class A special
				waste, unless the Agency determines, based on such information as is available,
				that the waste is a RCRA hazardous waste pursuant to 35 Ill. Adm. Code
				721.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart F - WASTESTREAM CLASSIFICATION DETERMINATIONS › Section 808.520 - Time for Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall issue a wastestream classification determination within 60 days
				after the date of receipt of complete application.
b) The applicant may waive the time for
				Agency action.
c) As provided in
				Section 22.9(e) of the Act, if the Agency denies a request or fails to act
				within 60 days after receipt of the request, the applicant may seek review
				before the Board pursuant to Section 40 of the Act as if the Agency has denied
				an application for a permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart F - WASTESTREAM CLASSIFICATION DETERMINATIONS › Section 808.521 - Conditions of Wastestream Classification

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall include the following conditions in each
				  wastestream classification determination:
a) Wastestream description;
b) Wastestream identification number assigned
				to the specific determination;
c)
				Classification of the special waste;
d) Limitations on the management of the waste
				consistent with this Part, and 35 Ill. Adm. Code 809;
e) A quality assurance plan;
f) The expiration date, if any; and
g) Such additional conditions as the Agency
				determines are necessary to assure that waste managed pursuant to the
				classification determination is of the class specified.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart F - WASTESTREAM CLASSIFICATION DETERMINATIONS › Section 808.522 - Final Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
Final Agency action shall consist of a final determination of
				  a wastestream classification request. The Agency takes final action on the date
				  the wastestream classification determination is mailed to the
				  applicant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart G - MODIFICATION, APPEAL AND ENFORCEMENT › Section 808.541 - Request for Modification

Current through Register Vol. 48, No. 28, July 12, 2024
If the application is a request for modification of a
				  previous final wastestream determination, the applicant shall continue to
				  manage waste pursuant to the old determination until it receives a final
				  disposition of its request for a new determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart G - MODIFICATION, APPEAL AND ENFORCEMENT › Section 808.542 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 35 days
				after the Agency's final action, the applicant may appeal a wastestream
				classification determination to the Board. Appeals under this Section shall be
				subject to the requirments of 35 Ill. Adm. Code 105.
b) The record before the Board consists of
				the data base which was considered by the Agency at the time the Agency took
				final action. The applicant may supplement the record before the Board only
				under one or more of the following conditions:
1) If the applicant attempted to submit the
				information into the data base before the Agency prior to filing its appeal to
				the Board; or
BOARD NOTE: This provision is intended to prevent the use of
				  appeals to challenge the validity of degree of hazard data through the
				  introduction of new information without the Agency having the opportunity to
				  reconsider its determination based on that new information.
2) If the data base filed by the Agency is
				not complete with respect to materials identified in Section
				808.302(b)(3).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart G - MODIFICATION, APPEAL AND ENFORCEMENT › Section 808.543 - Effect of Classification

Current through Register Vol. 48, No. 28, July 12, 2024
A wastestream classification provides the generator with a
				  determination necessary to obtain a wastestream identification number or to
				  modify a supplemental wastestream permit. A wastestream identification number
				  and a supplemental wastestream permit are necessary for completion of manifests
				  and reports required by this Part and 35 Ill. Adm. Code 809 and 807. The
				  wastestream classification authorizes the generator, hauler and permitted
				  facility to transport and manage waste meeting the wastestream description in
				  accordance with regulations governing the transportation and management of
				  special waste of the type provided in the classification
				  determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart G - MODIFICATION, APPEAL AND ENFORCEMENT › Section 808.544 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may bring an action pursuant to Title VIII of the
				  Act and 35 Ill. Adm. Code 103 to seek enforcement of the provisions of this
				  Part. Penalties may be assessed upon a finding of violation, as provided in
				  Title XII of the Act. Sanctions may include revocation of a wastestream
				  classification determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart G - MODIFICATION, APPEAL AND ENFORCEMENT › Section 808.545 - Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a) A generator who
				has received a wastestream classification may request modification at any time
				by filing a new application. The generator shall file a new application
				whenever the waste it produces no longer meets the wastestream
				description.
b) The Agency shall
				modify a wastestream classification whenever necessary to reflect amendments,
				repeals or additions to the Act or 35 Ill. Adm. Code: Chapter I. The Agency
				shall give the generator at least 30 days prior written notice before it
				modifies a wastestream classification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 808 - SPECIAL WASTE CLASSIFICATIONS › Subpart H - CATEGORICAL AND CHARACTERISTIC WASTES › Section 808.600 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				defines "categories of wastes" by the type of source or generator producing the
				waste, by the process from which the waste arises, or by name. This Subpart
				also defines "categories of wastes," as "characteristics wastes," based on
				physical or chemical properties.
b)
				Categorical and characteristic special (non-RCRA) wastes are assigned to a
				category defined under this Subpart based on the similarity of the physical,
				chemical or biological properties of the wastes to those properties designated
				as representative of that category, regardless of the degree of hazard of the
				individual wastes or wastestreams.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart A - GENERAL PROVISIONS › Section 809.101 - Authority, Policy and Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to the authority contained in Sections 5, 10, 13,
				  21, 22, 22.01, and 22.2 of the Environmental Protection Act [415 ILCS 5/5, 10,
				  13, 21, 22, 22.01, 22, and 22.2], and consistent with the policy and purposes
				  expressed in Section 20 [415 ILCS 5/20
				  ] thereof, the Board adopts this Part. This Part prescribes the procedures for
				  the issuance of permits to special waste transporters; for the inspection and
				  numbering of vehicles; and for proper hauling of special wastes to approved
				  disposal, storage and treatment sites. It is the purpose of this Part to
				  control only wastes as defined herein.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart A - GENERAL PROVISIONS › Section 809.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part is adjudged invalid, or if the
				  application thereof to any person or in any circumstance is adjudged invalid,
				  such invalidity shall not affect the validity of this Part as a whole or of any
				  Subpart, Section, subsection, sentence, or clause thereof not adjudged
				  invalid.