Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 809 - SPECIAL WASTE HAULING › Subpart A - GENERAL PROVISIONS › Section 809.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Environmental Protection Act [415
				  ILCS 5].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Board" means the Illinois Pollution Control Board.
"Btu" or "British thermal unit" means the quantity of heat
				  required to raise the temperature of one pound of water one degree
				  Fahrenheit.
"Disposal" means the discharge, deposit, injection,
				  dumping, spilling, leaking, or placing of any waste or special waste into or on
				  any land or water so that such waste or special waste or any constituent
				  thereof may enter the environment or be emitted into the air or discharged into
				  any waters, including ground waters.
[415 ILCS
				  5/3.08] (See "Waste", "Special Waste".)
"Garbage" is waste resulting from the handling,
				  processing, preparation, cooking, and consumption of food, and wastes from the
				  handling, processing, storage and sale of produce
. [415
				  ILCS 5/3.200] (See "Waste".)
"Hazardous waste" means a waste, or combination of
				  wastes, which because of quantity, concentration, or physical, chemical, or
				  infectious characteristics may cause or significantly contribute to an increase
				  in mortality or an increase in serious, irreversible, or incapacitating
				  reversible, illness; or pose a substantial present or potential threat to human
				  health or to the environment when improperly treated, stored, transported or
				  disposed of, or otherwise managed, and which has been identified, by
				  characteristics or listing, as hazardous pursuant to Section 3001 of the
				  Resource Conservation and Recovery Act of 1976 (42 USC
				  6901 et seq.) or pursuant to agency
				  guidelines consistent with the requirements of the Act and Board regulations.
				  Potentially infectious medical waste is not a hazardous waste, except for those
				  potentially infectious medical wastes identified by characteristics or listing
				  as hazardous under Section 3001 of the Resource Conservation and Recovery Act
				  of 1976, P.L. 94-580, or pursuant to Board regulations.
[415 ILCS
				  5/3.220]
"Hazardous waste transporter" means any person who transports
				  hazardous waste as defined in Section
				  3.220
				  of the Act.
"Industrial process waste" means any liquid, solid,
				  semi-solid or gaseous waste, generated as a direct or indirect result of the
				  manufacture of a product or the performance of a service, which poses a present
				  or potential threat to human health or to the environment or with inherent
				  properties which make the disposal of such waste in a landfill difficult to
				  manage by normal means. "Industrial process waste" includes but is not limited
				  to spent pickling liquors, cutting oils, chemical catalysts, distillation
				  bottoms, etching acids, equipment cleanings, paint sludges, incinerator ashes,
				  core sands, metallic dust sweepings, asbestos dust, hospital pathological
				  wastes and off-specification, contaminated or recalled wholesale or retail
				  products. Specifically excluded are uncontaminated packaging materials,
				  uncontaminated machinery components, general household waste, landscape waste
				  and construction or demolition debris.
[415 ILCS
				  5/3.235]
"Manifest" means the form prescribed by the Agency or USEPA
				  and used for identifying name, quantity, and the origin, routing, and
				  destination of special waste during its transportation from the point of
				  generation to the point of disposal, treatment, or storage, as required by the
				  Act, this Part, 35 Ill. Adm. Code: Subtitle G, or by the Resource Conservation
				  and Recovery Act of 1976 (42 USC
				  6901 et seq.) or regulations.
"Nonhazardous special waste" means any special waste, as
				  defined in this Section, that has not been identified, by characteristics or
				  listing, as hazardous under section 3001 of the Resource Conservation and
				  Recovery Act of 1976 (42 USC
				  6901 et seq.) or under Board
				  regulations.
"On-site" means on the same or geographically contiguous
				  property under the control of the same person even if such contiguous property
				  is divided by a public or private right-of-way. Non-contiguous properties owned
				  by the same person but connected by a right-of-way that the person controls,
				  and to which the public does not have access, is also considered on-site
				  property.
"Permitted disposal site" means a sanitary landfill or other
				  type of disposal site, including but not limited to a deep well, a pit, a pond,
				  a lagoon or an impoundment that has a current, valid operating permit issued by
				  the Agency and a supplemental permit issued by the Agency specifically
				  permitting the site to accept a special waste tendered for disposal.
"Permitted storage site" means any site used for the interim
				  containment of special waste prior to disposal or treatment that has a current,
				  valid operating permit issued by the Agency and a supplemental permit issued by
				  the Agency specifically permitting the site to accept a special waste tendered
				  for storage.
"Permitted treatment site" means any site used to change the
				  physical, chemical or biological character or composition of any special waste,
				  including but not limited to a processing center, a reclamation facility or a
				  recycling center that has a current, valid operating permit issued by the
				  Agency and a supplemental permit issued by the Agency specifically permitting
				  the site to accept a special waste tendered for treatment.
"Person" is any individual, partnership,
				  co-partnership, firm, company, corporation, association, joint stock company,
				  trust, estate, political subdivision, state agency, or any other legal entity
				  or their legal representative, agent or assignee.
[415
				  ILCS 5/3.315]
"Pollution control waste" means any liquid, solid,
				  semi-solid or gaseous waste generated as a direct or indirect result of the
				  removal of contaminants from the air, water or land, and which pose a present
				  or potential threat to human health or to the environment or with inherent
				  properties which make the disposal of such waste in a landfill difficult to
				  manage by normal means. "Pollution control waste" includes but is not limited
				  to water and wastewater treatment plant sludges, baghouse dusts, scrubber
				  sludges and chemical spill cleanings.
[415 ILCS
				  5/3.335]
"Reclamation" means the recovery of material or energy from
				  waste for commercial or industrial use.
"Refuse" means any garbage or other discarded materials, with
				  the exception of radioactive materials discarded in compliance with the
				  provisions of the Radiation Protection Act [420 ILCS 40] and Radioactive Waste
				  Storage Act [420 ILCS 35]. (See "Waste".)
"Septic tank pumpings" means the liquid portions and sludge
				  residues removed from septic tanks.
"Site" means any location, place
,
tract of land, and facilities, including but not limited to buildings,
				  and improvements used for purposes subject to regulation or control by this Act
				  or regulations under the Act
. [415 ILCS
				  5/3.460]
"Solid waste" (see "Waste").
"Special waste"
means any of the
				  following
:
Potentially infectious medical waste;
Hazardous waste, as determined in conformance with
				  RCRA hazardous waste determination requirements set forth in 35 Ill. Adm. Code
				  722.111,
				  including a residue from burning or processing hazardous waste in a boiler or
				  industrial furnace unless the residue has been tested in accordance
				  with
35 Ill. Adm. Code 726
and proven to be
				  nonhazardous;
Industrial process waste or pollution control waste,
				  except:
Any such waste certified by its generator, pursuant
				  to Section 22.48 of the Act, not to be any of the following:
A liquid, as determined using the paint filter test
				  set forth in
35 Ill. Adm. Code
				  811.107(m)(3)(A);
Regulated asbestos-containing waste materials, as
				  defined under the National Emission Standards for Hazardous Air Pollutants in
				  40
				  CFR 61.141;
Polychlorinated biphenyls (PCBs) regulated pursuant
				  to 40 CFR 761;
An industrial process waste or pollution control
				  waste subject to the waste analysis and recordkeeping requirements of
35 Ill. Adm. Code
				  728.107
under the land disposal restrictions of
35 Ill. Adm. Code
				  728
; and
A waste material generated by processing recyclable
				  metals by shredding and required to be managed as a special waste under Section
				  22.29 of the Act;
Any empty portable device or container, including but
				  not limited to a drum, in which a special waste has been stored, transported,
				  treated, disposed of, or otherwise handled, provided that the generator has
				  certified that the device or container is empty and does not contain a liquid,
				  as determined using the paint filter test set forth in
35 Ill. Adm.
				  Code
				  811.107(m)(3)(A)
. "Empty portable device or container" means a device or container in
				  which removal of special waste, except for a residue that shall not exceed one
				  inch in thickness, has been accomplished by a practice commonly employed to
				  remove materials of that type. An inner liner used to prevent contact between
				  the special waste and the container shall be removed and managed as a special
				  waste; or
As may otherwise be determined under Section 22.9 of
				  the Act.
[415 ILCS
				  5/3.475]
"Special waste hauling vehicle" means any self-propelled
				  motor vehicle, except a truck tractor without a trailer, used to transport
				  special waste in bulk or packages, tanks, or other containers.
"Special waste transporter" means any person who transports
				  special waste from any location.
"Spill" means any accidental discharge of special
				  waste.
"Storage" means the interim containment of special waste
				  prior to disposal or treatment.
"Tank" means any bulk container placed on or carried by a
				  vehicle to transport special waste, including wheel mounted tanks.
"Treatment" means any method, technique or process,
				  including neutralization designed to change the physical, chemical or
				  biological character or composition of any special waste so as to neutralize
				  that waste or so as to render that waste nonhazardous, safer for transport,
				  amenable for recovery, amenable for storage or reduced in volume.
"Treatment"
includes any activity or processing designed to change the
				  physical form or chemical composition of hazardous waste to render it
				  nonhazardous.
[415 ILCS
				  5/3.505] Treatment also includes reclamation, re-use
				  and recycling of special waste.
"Truck" means any unitary vehicle used to transport special
				  waste.
"Truck tractor" means any motor vehicle used to transport
				  special waste that is designed and used for drawing other devices and not so
				  constructed as to carry a load other than a part of the weight of the device
				  and load so drawn.
"Uniform permit" means the permit issued by a base state
				  under Part II of the uniform application.
"Uniform registration" means the annual registration issued
				  by a base state under Part I of the uniform application, if the base state has
				  a registration requirement.
"Waste" means any garbage
,
sludge
				  from a waste treatment plant, water supply treatment plant, or air pollution
				  control facility or other discarded material, including solid, liquid,
				  semi-solid, or contained gaseous material resulting from industrial,
				  commercial, mining and agricultural operations, and from community
				  activities
,
but does not include solid or dissolved material
				  in domestic sewage
,
or solid or dissolved materials in
				  irrigation return flows, or coal combustion by-products as defined in Section
				  3.135 of the Act
, or
industrial discharges which are point
				  sources subject to permits under section 402 of the Federal Water Pollution
				  Control Act, as now or hereafter amended, or source, special nuclear, or
				  byproduct materials as defined by the Atomic Energy Act of 1954, as
				  amended
(42 USC
				  2011 et seq.)
or any solid or
				  dissolved material from any facility subject to The Federal Surface Mining
				  Control and Reclamation Act of 1977 ( P.L. 95-87 ) or the rules and regulations
				  thereunder or any law or rule or regulation adopted by the State of Illinois
				  pursuant thereto.
[415 ILCS
				  5/3.535]
"Washwater", as used in this Part, means a mixture of water,
				  nonhazardous cleaning compounds, and residue that results from cleaning
				  surfaces and equipment and that is collected separately from sewage.
"Wastewater", as used in this Part, means stormwater, surface
				  water, groundwater or nonhazardous washwater that has been contaminated with
				  used oil but has not been mixed with sewage, industrial waste or any other
				  waste.