Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart A - GENERAL › Section 670.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions of the Illinois Environmental Protection Act
				  (Ill. Rev. Stat. 1991, ch. 111 1/2,pars. 1001 through 1056.6 ) [415 ILCS 5 ]
				  and the Illinois Groundwater Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2,
				  par. 7451-7459) [415 ILCS 55 ] apply to this Part. The following definitions
				  also apply to this Part.
"Above Ground Tank" is a tank located entirely off the ground
				  so that all sides and the bottom may be visually inspected externally for
				  integrity, or such that the bottom is in contact only with a relatively
				  impermeable base.
"Act" means the Environmental Protection Act (Ill. Rev. Stat.
				  1991, ch. 111 1/2. pars. 1001 through 1056.6) [415 ILCS 5].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Agrichemical facility" means a site used for commercial
				  purposes, where bulk pesticides are stored in a single container in excess of
				  300 gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30
				  days per year or where more than 300 gallons of liquid pesticide or 300 pounds
				  of dry pesticide are being mixed, repackaged or transferred from one container
				  to the other within a 30 day period or a site where bulk fertilizers are
				  stored, mixed, repackaged or transferred from one container to another.
"Board" means the Illinois Pollution Control Board.
"Certification" means a statement of professional opinion
				  based upon knowledge and belief.
"Closure" is the act of decontamination of affected areas at
				  a facility or site.
"Container" means any portable device (including, but not
				  limited to, 55 gallon drums) in which material is stored, treated, disposed of
				  or otherwise handled. The term "container" does not include a vehicle used to
				  transport material.
"Hazardous substance" means
(A) any substance designated pursuant to
				Section 311(b)(2)(A) of the Federal Water Pollution Control Act ( P.L. 92-500
				), as amended, (B) any element, compound, mixture, solution, or substance
				designated pursuant to Section 102 of the Comprehensive Environmental Response,
				Compensation, and Liability Act of 1980 ( P.L. 96-510 ), as amended, (C) any
				hazardous waste, (D) any toxic pollutant listed under Section 307(A) of the
				Federal Water Pollution Control Act ( P.L. 92-500 ), as amended, (E) any
				hazardous air pollutant listed under Section 112 of the Clean Air Act ( P.L.
				95-95 ), as amended, (F) any imminently hazardous chemical substance or mixture
				with respect to which the administrator of the U.S. Environmental Protection
				Agency has taken action pursuant to Section 7 of the Toxic Substances Control
				Act ( P.L. 94-469 ), as amended. The term does not include petroleum, including
				crude oil or any fraction thereof which is not otherwise specifically listed or
				designated as a hazardous substance under (A) through (F) of this paragraph,
				and the term does not include natural gas, natural gas liquids, liquified
				natural gas, or synthetic gas usable for fuel or mixtures of natural gas and
				such synthetic gas. (Section 3.14 of the Act)
"IEMA" means the Illinois Emergency Management Agency.
"Ignitable Material" is a material which:
Is a liquid, other than an aqueous solution, containing less
				  than 24 percent alcohol by volume and has a flash point less than 60 degrees
				  celsius (140 degrees F), as determined by Pensky-Martens Closed Cup Tester,
				  using the test method specified in the American Society of Testing Materials
				  (ASTM) Standard D-93-79 or D-93-80, or a Setaflash Closed Cup Tester, using the
				  test method specified in ASTM Standard D-3278-78.
Is a liquid and is capable, under standard temperature and
				  pressure, of causing fire through friction, absorption of moisture or
				  spontaneous chemical changes and, when ignited, burns so vigorously and
				  persistently that it creates a hazard.
Is an ignitable compressed gas as defined in 40 CFR
				  173.300(1991) and as determined by the test methods described in that
				  regulation.
Is an oxidizer as defined in
				  49 CFR
				  173.151(1991).
"Incompatible Material" is a material for which the following
				  is prohibited:
Placement in a particular device or facility because it may
				  cause corrosion or decay of containment materials (e.g., container inner liners
				  or tank walls); or
Commingling with another material under uncontrolled
				  conditions because the commingling might produce heat or pressure, fire or
				  explosion, violent reaction, toxic dusts, mists, fumes or gases or flammable
				  fumes or gases.
"Petroleum" shall have the meaning ascribed to it in Subtitle
				  I of the Hazardous and Solid Waste Amendments of 1984 ( P.L. 98-616 ), of the
				  Resource Conservation and Recovery Act of 1976 ( P.L. 94-580 ). (Section
				  22.18(e)(1) of the Act)
"Potential Primary Source" means any unit at a facility or
				  site not currently subject to a removal or remedial action which:
Is utilized for the treatment, storage, or disposal of any
				  hazardous or special waste not generated at the site; or
Is utilized for the disposal of municipal waste not generated
				  at the site, other than landscape waste and construction and demolition debris;
				  or
Is utilized for the landfilling, land treating, surface
				  impounding or piling of any hazardous or special waste that is generated on the
				  site or at other sites owned, controlled or operated by the same person;
				  or
Stores or accumulates at any time more than 75,000 pounds
				  above ground, or more than 7,500 pounds below ground, of any hazardous
				  substances. (Section 3.59 of the Act)
"Potential Secondary Source" means any unit at a facility or
				  a site not currently subject to a removal or remedial action, other than a
				  potential primary source, which:
Is utilized for the landfilling, land treating, or surface
				  impounding of waste that is generated on the site or at other sites owned,
				  controlled or operated by the same person, other than livestock and landscape
				  waste, and construction and demolition debris; or
Stores or accumulates at any time more than 25,000 but not
				  more than 75,000 pounds above ground, or more than 2,500 but not more than
				  7,500 pounds below ground, of any hazardous substance; or
Stores or accumulates at any time more than 25,000 gallons
				  above ground, or more than 500 gallons below ground, of petroleum, including
				  crude oil or any fraction thereof which is not otherwise specifically listed or
				  designated as a hazardous substance; or
Stores or accumulates pesticides, fertilizers, or road oils
				  for purposes of commercial application or for distribution to retail sales
				  outlets; or
Stores or accumulates at any time more than 50,000 pounds of
				  any de-icing agent; or
Is utilized for handling livestock waste or for treating
				  domestic wastewaters other than private sewage disposal systems as defined in
				  the "Private Sewage Disposal Licensing Act". (Section 3.60 of the Act)
"Reactive Material" is a material that:
Is normally unstable and readily undergoes violent change
				  without detonating;
Reacts violently with water;
Forms potentially explosive mixtures with water;
When mixed with water, generates toxic gases, vapors or fumes
				  in a quantity sufficient to present a danger to human health or the
				  environment;
Is capable of detonation of an explosive reaction if it is
				  subjected to a strong initiating source or if heated under confinement;
Is readily capable of detonation of explosive decomposition
				  or reaction at standard temperature and pressure.
Is a forbidden explosive as defined in 40 CFR 173.51(1991),
				  or a Class A explosive as defined in
				  49 CFR
				  173.53(1991) or a Class B
				  explosive as defined in 40 CFR 173.88(1991).
"Release" means any spilling, leaking, pumping, pouring,
				  emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
				  disposing into the environment, but excludes:
Any release which results in exposure to persons solely
				  within a workplace, with respect to a claim which such persons may assert
				  against the employer of such persons;
Emissions from the engine exhaust of a motor vehicle, rolling
				  stock, aircraft, vessel, or pipeline pumping station engine;
Release of source, byproduct, or special nuclear material
				  from a nuclear incident, as those terms are defined in the Atomic Energy Act of
				  1954, if such release is subject to requirements with respect to financial
				  protection established by the Nuclear Regulatory Commission under Section 170
				  of such Act; and
The normal application of fertilizer. (Section 3.33 of the
				  Act)
"Special waste" means any industrial process waste, pollution
				  control waste or hazardous waste, except as determined pursuant to Section 22.9
				  of this Act. "Special waste" also means any potentially infectious medical
				  waste. (Section 3.33 of the Act)
"Tank" is a stationary device, designed to contain an
				  accumulation of material, that is constructed of non-earthen materials (e.g.,
				  wood, concrete, steel, plastic) which provide structural support. This does not
				  include areas used to accumulate material prior to pumping to tanks or
				  containers (i.e., sump pits) nor associated piping. "Tank" does not include
				  vehicles used to transport material.
"Underground Tank" is a device meeting the definition of
				  "tank" whose entire surface area is totally below the surface of and covered by
				  the ground.
"Waste Pile" means piles of waste, other than special or
				  hazardous waste, that could cause groundwater contamination.