Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 728 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 728.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
When used in this Part, the following terms have the meanings
				  given below. All other terms have the meanings given under 35 Ill. Adm. Code
				  702.110,
				  720.110, or
				  721.102
				  through
				  721.104.
"Agency" means the Illinois Environmental Protection
				  Agency.
"Board" means the Illinois Pollution Control Board.
"CERCLA" means the Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980 (
				  42
				  USC 9601 et seq.)
"Debris" means solid material exceeding a 60 mm particle size
				  that is intended for disposal and that is a manufactured object; plant or
				  animal matter; or natural geologic material. However, the following materials
				  are not debris: any material for which a specific treatment standard is
				  provided in Subpart D, namely lead acid batteries, cadmium batteries, and
				  radioactive lead solids; process residuals, such as smelter slag and residues
				  from the treatment of waste, wastewater, sludges, or air emission residues; and
				  intact containers of hazardous waste that are not ruptured and that retain at
				  least 75 percent of their original volume. A mixture of debris that has not
				  been treated to the standards provided by Section
				  728.145
				  and other material is subject to regulation as debris if the mixture is
				  comprised primarily of debris, by volume, based on visual inspection.
"Halogenated organic compounds" or "HOCs" means those
				  compounds having a carbon-halogen bond that are listed under Appendix C.
"Hazardous constituent" or "constituents" means those
				  constituents listed in Appendix H to 35 Ill. Adm. Code 721.
"Hazardous debris" means debris that contains a hazardous
				  waste listed in Subpart D of 35 Ill. Adm. Code 721 or that exhibits a
				  characteristic of hazardous waste identified in Subpart C of 35 Ill. Adm. Code
				  721. Any deliberate mixing of prohibited waste with debris that changes its
				  treatment classification (i.e., from waste to hazardous debris) is not allowed
				  under the dilution prohibition in Section
				  728.103.
"Inorganic metal-bearing waste" is one for which USEPA has
				  established treatment standards for metal hazardous constituents that does not
				  otherwise contain significant organic or cyanide content, as described in
				  Section
				  728.103(b)(1),
				  and which is specifically listed in Appendix K.
"Land disposal" means placement in or on the land, except in
				  a corrective action management unit or staging pile, and "land disposal"
				  includes, but is not limited to, placement in a landfill, surface impoundment,
				  waste pile, injection well, land treatment facility, salt dome formation, salt
				  bed formation, underground mine or cave, or placement in a concrete vault or
				  bunker intended for disposal purposes.
"Land disposal restriction" or "LDR" is a restriction imposed
				  on the land disposal of a hazardous waste pursuant to this Part or 35 Ill. Adm.
				  Code 738. The land disposal of hazardous waste is generally prohibited, except
				  where the activity constituting land disposal is specifically allowed, pursuant
				  to this Part or 35 Ill. Adm. Code 738.
BOARD NOTE: The Board added this definition based on the
				  preamble discussions at 51 Fed. Reg. 40572, 40573-74 (November 7, 1986) and 53
				  Fed. Reg. 28118, 28119-20 (July 26, 1988). The USEPA publication "Terms of
				  Environment Glossary, Abbreviations, and Acronyms" (December 1997), USEPA,
				  Communications, Education, and Public Affairs, EPA 175/B-97-001, defines "land
				  disposal restrictions" as follows: "Rules that require hazardous wastes to be
				  treated before disposal on land to destroy or immobilize hazardous constituents
				  that might migrate into soil and ground water."
"Nonwastewaters" are wastes that do not meet the criteria for
				  "wastewaters" in this Section.
"Polychlorinated biphenyls" or "PCBs" are halogenated organic
				  compounds defined in accordance with federal
				  40
				  CFR 761.3 (Definitions), incorporated by
				  reference in 35 Ill. Adm. Code
				  720.111(b).
"ppm" means parts per million.
"RCRA corrective action" means corrective action taken under
				  35 Ill. Adm. Code
				  724.200
				  or
				  725.193,
				  federal
				  40 CFR
				  264.100 or
				  265.93,
				  or similar regulations in other states with RCRA programs authorized by USEPA
				  pursuant to 40 CFR 271.
"Soil" means unconsolidated earth material composing the
				  superficial geologic strata (material overlying bedrock), consisting of clay,
				  silt, sand, or gravel size particles, as classified by the United States
				  Natural Resources Conservation Service, or a mixture of such materials with
				  liquids, sludges, or solids that is inseparable by simple mechanical removal
				  processes and which is made up primarily of soil by volume based on visual
				  inspection. Any deliberate mixing of prohibited waste with debris that changes
				  its treatment classification (i.e., from waste to hazardous debris) is not
				  allowed under the dilution prohibition in Section 728.103.
"Underlying hazardous constituent" means any constituent
				  listed in Table U, "Universal Treatment Standards (UTS)", except fluoride,
				  selenium, sulfides, vanadium, and zinc, that can reasonably be expected to be
				  present at the point of generation of the hazardous waste at a concentration
				  above the constituent-specific UTS treatment standard.
"USEPA" or "U.S. EPA" means the United States Environmental
				  Protection Agency.
"Wastewaters" are wastes that contain less than one percent
				  by weight total organic carbon (TOC) and less than one percent by weight total
				  suspended solids (TSS).