Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 728 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 728.104 - Treatment Surface Impoundment Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a) Wastes that are otherwise prohibited from
				land disposal under this Part may be treated in a surface impoundment or series
				of impoundments provided that all of the following conditions are fulfilled:
1) Treatment of such wastes occurs in the
				impoundments;
2) The following
				conditions are met:
A) Sampling and Testing.
				For wastes with treatment standards in Subpart D or prohibition levels in
				Subpart C, the residues from treatment are analyzed, as specified in Section
				728.107
				or
				728.132,
				to determine if they meet the applicable treatment standards or, where no
				treatment standards have been established for the waste, the applicable
				prohibition levels. The sampling method, specified in the waste analysis plan
				under 35 Ill. Adm. Code
				724.113 or
				725.113,
				must be designed such that representative samples of the sludge and the
				supernatant are tested separately rather than mixed to form homogeneous
				samples.
B) Removal. The following
				treatment residues (including any liquid waste) must be removed at least
				annually: residues that do not meet the treatment standards promulgated under
				Subpart D; residues that do not meet the prohibition levels established under
				Subpart C or imposed by federal statute (where no treatment standards have been
				established); residues that are from the treatment of wastes prohibited from
				land disposal under Subpart C (where no treatment standards have been
				established and no prohibition levels apply); or residues from managing listed
				wastes that are not delisted under 35 Ill. Adm. Code
				720.122. If the
				volume of liquid flowing through the impoundment or series of impoundments
				annually is greater than the volume of the impoundment or impoundments, this
				flow-through constitutes removal of the supernatant for the purpose of this
				requirement.
C) Subsequent
				Management. Treatment residues must not be placed in any other surface
				impoundment for subsequent management.
D) Recordkeeping. Sampling, testing, and
				recordkeeping provisions of 35 Ill. Adm. Code
				724.113 or
				725.113
				apply;
3) The
				impoundment meets the design requirements of 35 Ill. Adm. Code
				724.321(c)
				or
				725.321(a)
				even though the unit may not be new, expanded or a replacement, and must be in
				compliance with applicable groundwater monitoring requirements of Subpart F of
				35 Ill. Adm. Code 724 or Subpart F of 35 Ill. Adm. Code 725, unless any of the
				following conditions is fulfilled:
A) The
				impoundment is exempted pursuant to 35 Ill. Adm. Code
				724.321(d) or
				(e), or to 35 Ill. Adm. Code
				725.321(c) or
				(d);
B) Upon application by the owner or operator,
				the Agency has by permit provided that the requirements of this Part do not
				apply on the basis that the surface impoundment fulfills all of the following
				conditions:
i) The impoundment has at least
				one liner, for which there is no evidence that such liner is leaking;
ii) The impoundment is located more than
				one-quarter mile from an underground source of drinking water; and
iii) The impoundment is in compliance with
				generally applicable groundwater monitoring requirements for facilities with
				permits; or
C) Upon
				application by the owner or operator, the Board has, pursuant to Subpart D of
				35 Ill. Adm. Code 104, granted an adjusted standard from the requirements of
				this Part. The justification for such an adjusted standard must be a
				demonstration that the surface impoundment is located, designed, and operated
				so as to assure that there will be no migration of any hazardous constituent
				into groundwater or surface water at any future time; and
4) The owner or operator submits to the
				Agency a written certification that the requirements of subsection (a)(3) have
				been met. The following certification is required:
I certify under penalty of law that the requirements of 35
				  Ill. Adm. Code 728.104(a)(3) have been met for all surface impoundments being
				  used to treat restricted wastes. I believe that the submitted information is
				  true, accurate, and complete. I am aware that there are significant penalties
				  for submitting false information, including the possibility of fine and
				  imprisonment.