Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 728 - LAND DISPOSAL RESTRICTIONS › Subpart C - PROHIBITION ON LAND DISPOSAL › Section 728.138 - Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production Wastes

Current through Register Vol. 48, No. 28, July 12, 2024
a) The wastes
				specified in 35 Ill. Adm. Code
				721.132
				as USEPA hazardous waste numbers K141, K142, K143, K144, K145, K147, K148,
				K149, K150, and K151 are prohibited from land disposal. In addition, debris
				contaminated with USEPA hazardous waste numbers F037, F038, K107 through K112,
				K117, K118, K123 through K126, K131, K132, K136, U328, U353, U359 and soil and
				debris contaminated with D012 through D043, K141 through K145, and K147 through
				K151 are prohibited from land disposal. The following wastes that are specified
				in the table at 35 Ill. Adm. Code
				721.124(b)
				as USEPA hazardous waste numbers D012, D013, D014, D015, D016, D017, D018,
				D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031,
				D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, and D043 that
				are not radioactive, that are managed in systems other than those whose
				discharge is regulated under the federal Clean Water Act (CWA;
				33 U.S.C.
				1251 et seq.), that are zero dischargers that
				do not engage in CWA-equivalent treatment before ultimate land disposal, or
				that are injected in Class I deep wells regulated under the Safe Drinking Water
				Act (SDWA) are prohibited from land disposal. "CWA-equivalent treatment", as
				used in this Section, means biological treatment for organics, alkaline
				chlorination or ferrous sulfate precipitation for cyanide, precipitation and
				sedimentation for metals, reduction for hexavalent chromium, or another
				treatment technology that can be demonstrated to perform equally to or better
				than these technologies.
b)
				Radioactive wastes that are mixed with any of USEPA hazardous waste numbers
				D018 through D043 waste that are managed in systems other than those whose
				discharge is regulated under the Clean Water Act (CWA), in systems that inject
				in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or in
				systems that are zero dischargers that engage in CWA-equivalent treatment, as
				defined in subsection (a), before ultimate land disposal are prohibited from
				land disposal. Radioactive wastes mixed with any of USEPA hazardous waste
				numbers K141 through K145 and K147 through K151 are also prohibited from land
				disposal. In addition, soil and debris contaminated with these radioactive
				mixed wastes are prohibited from land disposal.
c) This subsection (c) corresponds with
				40
				CFR 268.38(c), which expired
				by its own terms on September 19, 1996. This statement maintains structural
				consistency with the corresponding federal regulations.
d) The requirements of subsections (a), (b),
				and (c) do not apply if any of the following applies to the waste:
1) The wastes meet the applicable treatment
				standards specified in Subpart D;
2) A person has been granted an exemption
				from a prohibition pursuant to a petition under Section
				728.106,
				with respect to those wastes and units covered by the petition;
3) The wastes meet the applicable alternate
				treatment standards established pursuant to a petition granted under Section
				728.144;
4) A person has been granted an extension to
				the effective date of a prohibition pursuant to Section
				728.105,
				with respect to these wastes covered by the extension.