Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 728 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 728.109 - Special Rules for Characteristic Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
a) The initial generator of a solid waste
				must determine each USEPA hazardous waste number applicable to the waste in
				order to determine the applicable treatment standards under Subpart D. This
				determination may be made concurrently with the hazardous waste determination
				required in Section
				722.111.
				For purposes of this Part, the waste must carry the USEPA hazardous waste
				number for any applicable listing under Subpart D of 35 Ill. Adm. Code 721. In
				addition, the waste must carry one or more of the USEPA hazardous waste numbers
				under Subpart C of 35 Ill. Adm. Code 721 where the waste exhibits a
				characteristic, except in the case when the treatment standard for the listed
				waste operates in lieu of the treatment standard for the characteristic waste,
				as specified in subsection (b). If the generator determines that its waste
				displays a characteristic of hazardous waste (and the waste is not D001
				nonwastewaters treated by CMBST, RORGS, or POLYM of Table C), the generator
				must determine the underlying hazardous constituents (as defined at Section
				728.102(i)
				) in the characteristic waste.
b)
				Where a prohibited waste is both listed under Subpart D of 35 Ill. Adm. Code
				721 and exhibits a characteristic of hazardous waste under Subpart C of 35 Ill.
				Adm. Code 721, the treatment standard for the USEPA hazardous waste number
				listed in Subpart D of 35 Ill. Adm. Code 721 will operate in lieu of the
				standard for the USEPA hazardous waste number under Subpart C of 35 Ill. Adm.
				Code 721, provided that the treatment standard for the listed waste includes a
				treatment standard for the constituent that causes the waste to exhibit the
				characteristic. Otherwise, the waste must meet the treatment standards for all
				applicable listed and characteristic USEPA hazardous waste numbers.
c) In addition to any applicable standards
				determined from the initial point of generation, no prohibited waste that
				exhibits a characteristic under Subpart C of 35 Ill. Adm. Code 721 must be land
				disposed, unless the waste complies with the treatment standards under Subpart
				D.
d) A waste that exhibits a
				characteristic of hazardous waste under Subpart C of 35 Ill. Adm. Code 721 is
				also subject to Section
				728.107
				requirements, except that once the waste is no longer hazardous, a one-time
				notification and certification must be placed in the generator's or treater's
				on-site files. The notification and certification that is placed in the
				generator's or treater's files must be updated if the process or operation
				generating the waste changes or if the RCRA Subtitle D (municipal solid waste
				landfill) facility receiving the waste changes.
1) The notification must include the
				following information:
A) The name and address
				of the RCRA Subtitle D (municipal solid waste landfill) facility receiving the
				waste shipment; and
B) A
				description of the waste as initially generated, including the applicable USEPA
				hazardous waste numbers, the treatability groups, and the underlying hazardous
				constituents (as defined in Section
				728.102(i)
				), unless the waste will be treated and monitored for all underlying hazardous
				constituents. If all underlying hazardous constituents will be treated and
				monitored, there is no requirement to list any of the underlying hazardous
				constituents on the notice.