Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 702 - RCRA AND UIC PERMIT PROGRAMS › Subpart A - GENERAL PROVISIONS › Section 702.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions apply to 35 Ill. Adm. Code 702,
				  703, 704, and 705. Terms not defined in this Section have the meaning given by
				  the appropriate act and regulations, as such are defined in this Section. When
				  a definition applies primarily to one or more programs, those programs appear
				  in parentheses after the defined terms.
"Act" or "Environmental Protection Act" means the
				  Environmental Protection Act [ 415 ILCS 5 ].
"Administrator" means the Administrator of the United States
				  Environmental Protection Agency or an authorized representative.
"Agency" means the Illinois Environmental Protection
				  Agency.
"Application" means the Agency forms for applying for a
				  permit. For RCRA, application also includes the information required by the
				  Agency pursuant to 35 Ill. Adm. Code
				  703.182
				  through
				  703.212 (contents of
				  Part B of the RCRA application).
"Appropriate act and regulations" means the federal Resource
				  Conservation and Recovery Act (
				  42 USC
				  6901 et seq.) (RCRA), the federal Safe
				  Drinking Water Act (
				  42
				  USC 300f et seq.) (SDWA), or the
				  Environmental Protection Act, whichever is applicable, and the applicable
				  regulations promulgated under those statutes.
"Approved program or approved state" means a state or
				  interstate program that has been approved or authorized by USEPA pursuant to 40
				  CFR 271 (RCRA) or section 1422 of the SDWA (
				  42 USC
				  300h-1 ) (UIC).
"Aquifer" (RCRA and UIC) means a geologic formation, group of
				  formations, or part of a formation that is capable of yielding a significant
				  amount of water to a well or spring.
"Area of review" (UIC) means the area surrounding an
				  injection well described according to the criteria set forth in 35 Ill. Adm.
				  Code
				  730.106, or in the
				  case of an area permit, the project area plus a circumscribing area the width
				  of which is either 402 meters (one-quarter of a mile) or a number calculated
				  according to the criteria set forth in 35 Ill. Adm. Code 730.106.
"Board" (RCRA and UIC) means the Illinois Pollution Control
				  Board.
"Cesspool" (UIC) means a drywell that receives untreated
				  sanitary waste containing human excreta and which sometimes has an open bottom
				  or perforated sides.
"Closure" (RCRA) means the act of securing a Hazardous waste
				  management facility pursuant to 35 Ill. Adm. Code 724.
"Component" (RCRA) means any constituent part of a unit or
				  any group of constituent parts of a unit that are assembled to perform a
				  specific function (e.g., a pump seal, pump, kiln liner, or kiln
				  thermocouple).
"Contaminant" (UIC) means any physical, chemical, biological,
				  or radiological substance or matter in water.
"Corrective action management unit" or "CAMU" (RCRA) means an
				  area within a facility that is designated by the Agency pursuant to Subpart S
				  of 35 Ill. Adm. Code 724 for the purpose of implementing corrective action
				  requirements pursuant to 35 Ill. Adm. Code
				  724.201
				  and RCRA section 3008(h) (
				  42 USC
				  6928(h) ). A CAMU must only
				  be used for the management of remediation wastes pursuant to implementing such
				  corrective action requirements at the facility.
BOARD NOTE: USEPA must also designate a CAMU until it grants
				  this authority to the Agency. See the note following 35 Ill. Adm. Code
				  724.652.
"CWA" (RCRA and UIC) means the Clean Water Act (
				  33 USC
				  1251 et seq.), as amended.
"Director" (RCRA and UIC) means the Director of the Illinois
				  Environmental Protection Agency or the Director's designee.
"Disposal" (RCRA) means the discharge, deposit, injection,
				  dumping, spilling, leaking, or placing of any hazardous waste into or on any
				  land or water so that such hazardous waste or any constituent of the waste may
				  enter the environment or be emitted into the air or discharged into any waters,
				  including groundwater.
"Disposal facility" (RCRA) means a facility or part of a
				  facility at which hazardous waste is intentionally placed into or on the land
				  or water, and at which hazardous waste will remain after closure. The term
				  disposal facility does not include a corrective action management unit into
				  which remediation wastes are placed.
"Draft permit" (RCRA and UIC) means a document prepared
				  pursuant to 35 Ill. Adm. Code
				  705.141 indicating
				  the Agency's tentative decision to issue, deny, modify, terminate, or reissue a
				  permit. A notice of intent to deny a permit, as discussed in 35 Ill. Adm. Code
				  705.141, is a type of draft permit. A denial of a request for modification, as
				  discussed in 35 Ill. Adm. Code
				  705.128,
				  is not a draft permit. A proposed permit is not a draft permit.
"Drywell" (UIC) means a well, other than an improved sinkhole
				  or subsurface fluid distribution system, that is completed above the water
				  table so that its bottom and sides are typically dry, except when receiving
				  fluids.
"Drilling mud" (UIC) means a heavy suspension used in
				  drilling an injection well, introduced down the drill pipe and through the
				  drill bit.
"Elementary neutralization unit" (RCRA) means a device of
				  which the following is true:
It is used for neutralizing wastes that are hazardous wastes
				  only because they exhibit the corrosivity characteristics defined in 35 Ill.
				  Adm. Code
				  721.122,
				  or are listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason;
				  and
It meets the definition of tank, tank system, container,
				  transport vehicle, or vessel in 35 Ill. Adm. Code
				  720.110.
"Emergency permit" (RCRA and UIC) means a RCRA or UIC permit
				  issued in accordance with 35 Ill. Adm. Code
				  703.221
				  or
				  704.163,
				  respectively.
"Environmental Protection Agency" or "EPA" or "USEPA" (RCRA
				  and UIC) means the United States Environmental Protection Agency.
"Exempted aquifer" (UIC) means an aquifer or its portion that
				  meets the criteria in the definition of "underground source of drinking water"
				  but which has been exempted according to the procedures in 35 Ill. Adm. Code
				  702.105,
				  704.104, and
				  704.123(b).
"Existing hazardous waste management (HWM) facility" or
				  "existing facility" (RCRA) means a facility that was in operation or for which
				  construction commenced on or before November 19, 1980. A facility has commenced
				  construction if the following occurs:
The owner or operator has obtained the federal, State, and
				  local approvals or permits necessary to begin physical construction; and
Either of the following has transpired:
A continuous on-site, physical construction program has
				  begun; or
The owner or operator has entered into contractual
				  obligations for physical construction of the facility that cannot be canceled
				  or modified without substantial loss and which are to be completed within a
				  reasonable time.
"Existing injection well" (UIC) means an injection well that
				  is not a new injection well.
"Facility mailing list" (RCRA) means the mailing list for a
				  facility maintained by the Agency in accordance with 35 Ill. Adm. Code
				  705.163(a).
"Facility or activity" (RCRA and UIC) means any HWM facility,
				  UIC injection well, or any other facility or activity (including land or
				  appurtenances thereto) that is subject to regulations under the Illinois RCRA
				  or UIC program.
"Federal, State, and local approvals or permits necessary to
				  begin physical construction" (RCRA) means permits and approvals required under
				  federal, State, or local hazardous waste control statutes, regulations, or
				  ordinances.
"Fluid" (UIC) means any material or substance that flows or
				  moves, whether in a semisolid, liquid, sludge, gas, or any other form or
				  state.
"Formation" (UIC) means a body of rock characterized by a
				  degree of lithologic homogeneity that is prevailingly, but not necessarily,
				  tabular and is mappable on the earth's surface or traceable in the
				  subsurface.
"Formation fluid" (UIC) means fluid present in a formation
				  under natural conditions, as opposed to introduced fluids, such as drilling
				  mud.
"Functionally equivalent component" (RCRA) means a component
				  that performs the same function or measurement and which meets or exceeds the
				  performance specifications of another component.
"Generator" (RCRA) means any person, by site location, whose
				  act or process produces hazardous waste.
"Geologic sequestration" means the long-term containment of a
				  gaseous, liquid, or supercritical carbon dioxide stream in a subsurface
				  geologic formation. This term does not apply to carbon dioxide capture or
				  transport.
"Groundwater" (RCRA and UIC) means a water below the land
				  surface in a zone of saturation.
"Hazardous waste" (RCRA and UIC) means a hazardous waste as
				  defined in 35 Ill. Adm. Code
				  721.103.
"Hazardous waste management facility" or "HWM facility"
				  (RCRA) means all contiguous land and structures, other appurtenances, and
				  improvements on the land, used for treating, storing, or disposing of hazardous
				  waste. A facility may consist of several treatment, storage, or disposal
				  operational units (for example, one or more landfills, surface impoundments, or
				  combinations of them).
"HWM facility" (RCRA) means hazardous waste management
				  facility.
"Improved sinkhole" (UIC) means a naturally occurring karst
				  depression or other natural crevice that is found in volcanic terrain and other
				  geologic settings that have been modified by man for the purpose of directing
				  and emplacing fluids into the subsurface.
"Injection well" (RCRA and UIC) means a well into which
				  fluids are being injected.
"Injection zone" (UIC) means a geologic formation, group of
				  formations, or part of a formation receiving fluids through a well.
"In operation" (RCRA) means a facility that is treating,
				  storing, or disposing of hazardous waste.
"Interstate agency" means an agency of two or more states
				  established by or under an agreement or compact approved by the Congress, or
				  any other agency of two or more states having substantial powers or duties
				  pertaining to the control of pollution as determined and approved by the
				  Administrator under the appropriate act and regulations.
"Major facility" means any RCRA or UIC facility or activity
				  classified as such by the Regional Administrator or the Agency.
"Manifest" (RCRA and UIC) means the shipping document
				  originated and signed by the generator that contains the information required
				  by Subpart B of 35 Ill. Adm. Code 722.
"National Pollutant Discharge Elimination System" means the
				  program for issuing, modifying, revoking and reissuing, terminating,
				  monitoring, and enforcing permits and imposing and enforcing pretreatment
				  requirements pursuant to Section 12(f) of the Environmental Protection Act and
				  Subpart A of 35 Ill. Adm. Code 309 and 35 Ill. Adm. Code 310. The term includes
				  an approved program.
"New HWM facility" (RCRA) means a hazardous waste management
				  facility that began operation or for which construction commenced after
				  November 19, 1980.
"New injection well" (UIC) means a well that began injection
				  after March 3, 1984, the date of USEPA approval of the UIC program for the
				  State of Illinois.
BOARD NOTE: See
				  40 CFR
				  147.700 (2017) and 49 Fed. Reg. 3991 (Feb. 1,
				  1984).
"Off-site" (RCRA) means any site that is not on-site.
"On-site" (RCRA) means on the same or geographically
				  contiguous property that may be divided by public or private rights-of-way,
				  provided the entrance and exit between the properties is at a cross-roads
				  intersection, and access is by crossing as opposed to going along, the
				  rights-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.
"Owner or operator" means the owner or operator of any
				  facility or activity subject to regulation under the RCRA or UIC
				  program.
"Permit" means an authorization, license, or equivalent
				  control document issued to implement this Part and 35 Ill. Adm. Code 703, 704,
				  and 705. "Permit" includes RCRA permit by rule (35 Ill. Adm. Code
				  703.141 ), RCRA
				  standardized permit (35 Ill. Adm. Code
				  703.238
				  ), UIC area permit (35 Ill. Adm. Code
				  704.162 ), and RCRA
				  or UIC "Emergency Permit" (35 Ill. Adm. Code
				  703.221
				  and 704.163). "Permit" does not include RCRA interim status (35 Ill. Adm. Code
				  703.153
				  through
				  703.157
				  ), UIC authorization by rule (Subpart C of 35 Ill. Adm. Code 704), or any
				  permit that has not yet been the subject of final Agency action, such as a
				  draft permit or a proposed permit.
"Person" means 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, agency, or assigns.
"Physical construction" (RCRA) means excavation, movement of
				  earth, erection of forms or structures, or similar activity to prepare an HWM
				  facility to accept hazardous waste.
"Plugging" (UIC) means the act or process of stopping the
				  flow of water, oil, or gas into or out of a formation through a borehole or
				  well penetrating that formation.
"Point of injection" means the last accessible sampling point
				  prior to waste fluids being released into the subsurface environment through a
				  Class V injection well. For example, the point of injection of a Class V septic
				  system might be the distribution box - the last accessible sampling point
				  before the waste fluids drain into the underlying soils. For a dry well, it is
				  likely to be the well bore itself.
"POTW" means publicly owned treatment works.
"Project" (UIC) means a group of wells in a single
				  operation.
"Publicly owned treatment works" or "POTW" is as defined in
				  35 Ill. Adm. Code 310.
"Radioactive waste" (UIC) means any waste that contains
				  radioactive material in concentrations that exceed those listed in table II,
				  column 2 in appendix B to 10 CFR 20, incorporated by reference in 35 Ill. Adm.
				  Code
				  720.111.
"RCRA" (RCRA) means the Resource Conservation and Recovery
				  Act of 1976 (
				  42 USC
				  6901 et seq.). For the purposes of regulation
				  pursuant to 35 Ill. Adm. Code 700 through 705, 720 through 728, 733, 738, and
				  739, "RCRA" refers only to RCRA Subtitle C. This does not include the RCRA
				  Subtitle D (municipal solid waste landfill) regulations, found in 35 Ill. Adm.
				  Code 810 through 815, and the RCRA Subtitle I (underground storage tank)
				  regulations found in 35 Ill. Adm. Code 731 and 732.
"RCRA permit" (RCRA) means a permit required pursuant to
				  Section 21(f) of the Act.
"RCRA standardized permit" (RCRA) means a RCRA permit issued
				  pursuant to Subpart J of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm.
				  Code 705 that authorizes management of hazardous waste. The RCRA standardized
				  permit may have two parts: a uniform portion issued for all RCRA standardized
				  permits and a supplemental portion issued at the discretion of the
				  Agency.
"Regional Administrator" (RCRA and UIC) means the Regional
				  Administrator of the USEPA Region in which the facility is located or the
				  Regional Administrator's designee.
BOARD NOTE: Illinois is in USEPA Region 5.
"Remedial action plan " or "RAP" (RCRA) means a special form
				  of RCRA permit that a facility owner or operator may obtain pursuant to Subpart
				  H of 35 Ill. Adm. Code 703, instead of a RCRA permit issued pursuant to this
				  Part and 35 Ill. Adm. Code 703, to authorize the treatment, storage, or
				  disposal of hazardous remediation waste (as defined in 35 Ill. Adm. Code
				  720.110) at a remediation waste management site.
"Sanitary waste" (UIC) means liquid or solid wastes
				  originating solely from humans and human activities, such as wastes collected
				  from toilets, showers, wash basins, sinks used for cleaning domestic areas,
				  sinks used for food preparation, clothes washing operations, and sinks or
				  washing machines where food and beverage serving dishes, glasses, and utensils
				  are cleaned. Sources of these wastes may include single or multiple residences,
				  hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew
				  quarters, guard stations, campgrounds, picnic grounds, day-use recreation
				  areas, other commercial facilities, and industrial facilities, provided the
				  waste is not mixed with industrial waste.
"Schedule of compliance" (RCRA and UIC) means a schedule of
				  remedial measures included in a permit, including an enforceable sequence of
				  interim requirements (for example, actions, operations, or milestone events)
				  leading to compliance with the appropriate act and regulations.
"SDWA" (UIC) means the Safe Drinking Water Act (
				  42
				  USC 300f et seq.).
"Septic system" (UIC) means a well, as defined in this
				  Section, that is used to emplace sanitary waste below the surface and which is
				  typically comprised of a septic tank and subsurface fluid distribution system
				  or disposal system.
"Site" (RCRA and UIC) means the land or water area where any
				  facility or activity is physically located or conducted, including adjacent
				  land used in connection with the facility or activity.
"SIC code" (RCRA and UIC) means "Standard Industrial
				  Classification code". This is the code assigned to a site by the United States
				  Department of Transportation, Federal Highway Administration, based on the
				  particular activities that occur on the site, as set forth in its publication,
				  "Standard Industrial Classification Manual", incorporated by reference in 35
				  Ill. Adm. Code 720.111.
"State" (RCRA and UIC) means the State of Illinois.
"State Director" (RCRA and UIC) means the Director of the
				  Illinois Environmental Protection Agency.
"State/USEPA agreement" (RCRA and UIC) means an agreement
				  between the Regional Administrator and the State that coordinates USEPA and
				  State activities, responsibilities, and programs, including those under the
				  RCRA and SDWA.
"Storage" (RCRA) means the holding of hazardous waste for a
				  temporary period, at the end of which the hazardous waste is treated, disposed
				  of, or stored elsewhere.
"Stratum" (plural "strata") (UIC) means a single sedimentary
				  bed or layer, regardless of thickness, that consists of generally the same kind
				  of rock material.
"Subsurface fluid distribution system" (UIC) means an
				  assemblage of perforated pipes, drain tiles, or other similar mechanisms
				  intended to distribute fluids below the surface of the ground.
"Total dissolved solids" (UIC) means the total dissolved
				  (filterable) solids as determined by use of the method specified in
				  40 CFR
				  136.3 (Identification of Test Procedures; the
				  method for filterable residue), incorporated by reference in 35 Ill. Adm. Code
				  720.111.
"Transfer facility" (RCRA) means any transportation related
				  facility, including loading docks, parking areas, storage areas, and other
				  similar areas where shipments of hazardous wastes are held during the normal
				  course of transportation.
"Transferee" (UIC) means the owner or operator receiving
				  ownership or operational control of the well.
"Transferor" (UIC) means the owner or operator transferring
				  ownership or operational control of the well.
"Transporter" (RCRA) means a person engaged in the off-site
				  transportation of "hazardous waste" by air, rail, highway, or water.
"Treatment" (RCRA) means any method, technique, process,
				  including neutralization, designed to change the physical, chemical, or
				  biological character or composition of any "hazardous waste" so as to
				  neutralize such wastes, or so as to recover energy or material resources from
				  the waste, or so as to render such wastes non-hazardous or less hazardous;
				  safer to transport, store, or dispose of; or amenable for recovery, amenable
				  for storage, or reduced in volume.
"UIC" (UIC) means the Underground Injection Control
				  program.
"Underground injection" (UIC) means a well injection.
"Underground source of drinking water" or "USDW" (RCRA and
				  UIC) means an aquifer or its portion that is not an exempted aquifer and of
				  which either of the following is true:
It supplies any public water system; or
It contains a sufficient quantity of groundwater to supply a
				  public water system; and
It currently supplies drinking water for human consumption;
				  or
It contains less than 10,000 mg/l total dissolved
				  solids.
"USDW" (RCRA and UIC) means an underground source of drinking
				  water.
"Wastewater treatment unit" (RCRA) means a device of which
				  the following is true:
It is part of a wastewater treatment facility that is subject
				  to regulation pursuant to Subpart A of 35 Ill. Adm. Code 309 or 35 Ill. Adm.
				  Code 310; and
It receives and treats or stores an influent wastewater that
				  is a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or generates and
				  accumulates a wastewater treatment sludge that is a hazardous waste as defined
				  in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater treatment sludge
				  that is a hazardous waste as defined in 35 Ill. Adm. Code 721.103; and
It meets the definition of tank or tank system in 35 Ill.
				  Adm. Code 720.110.
"Well" (UIC) means a bored, drilled, or driven shaft, or a
				  dug hole, whose depth is greater than the largest surface dimension; a dug hole
				  whose depth is greater than the largest surface dimension; or an improved
				  sinkhole; or, a subsurface fluid distribution system.
"Well injection" (UIC) means the subsurface emplacement of
				  fluids through a well.
BOARD NOTE: Derived from
					 40
					 CFR 124.2,
					 144.3, and
					 270.2 (2017).