Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 728 - LAND DISPOSAL RESTRICTIONS › Subpart D - TREATMENT STANDARDS › Section 728.149 - Alternative LDR Treatment Standards for Contaminated Soil

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability. An owner or operator must
				comply with LDRs prior to placing soil that exhibits a characteristic of
				hazardous waste or which exhibited a characteristic of hazardous waste at the
				time it was generated into a land disposal unit. The following chart describes
				whether an owner or operator must comply with LDRs prior to placing soil
				contaminated by listed hazardous waste into a land disposal unit:
If the LDRs
And if the LDRs
And if
Then the owner or operator
Applied to the listed waste when it contaminated the
							 soil*.
Apply to the listed waste now.
-
Must comply with LDRs.
Did not apply to the listed waste when it
							 contaminated the soil*.
Apply to the listed waste now.
The soil is determined to contain the listed waste
							 when the soil is first generated.
Must comply with LDRs.
Did not apply to the listed waste when it
							 contaminated the soil*.
Apply to the listed waste now.
The soil is determined not to contain the listed
							 waste when the soil is first generated.
Needs not comply with LDRs.
Did not apply to the listed waste when it
							 contaminated the soil*.
Do not apply to the listed waste now.
-
Needs not comply with LDRs.
* For dates of LDR applicability, see Appendix G. To
				  determine the date any given listed hazardous waste contaminated any given
				  volume of soil, use the last date any given listed hazardous waste was placed
				  into any given land disposal unit or, in the case of an accidental spill, the
				  date of the spill.
b) Prior
				to land disposal, contaminated soil identified by subsection (a) as needing to
				comply with LDRs must be treated according to the applicable treatment
				standards specified in subsection (c) or according to the universal treatment
				standards specified in Section
				728.148
				and Table U applicable to the contaminating listed hazardous waste or the
				applicable characteristic of hazardous waste if the soil is characteristic. The
				treatment standards specified in subsection (c) and the universal treatment
				standards may be modified through a treatment variance approved in accordance
				with Section
				728.144.
c) Treatment Standards for Contaminated
				Soils. Prior to land disposal, contaminated soil identified by subsection (a)
				as needing to comply with LDRs must be treated according to all the standards
				specified in this subsection (c) or according to the universal treatment
				standards specified in Section
				728.148
				and Table U.
1) All Soils. Prior to land
				disposal, all constituents subject to treatment must be treated as follows:
A) For non-metals except carbon disulfide,
				cyclohexanone, and methanol, treatment must achieve 90 percent reduction in
				total constituent concentrations, except as provided by subsection
				(c)(1)(C).
B) For metals and carbon
				disulfide, cyclohexanone, and methanol, treatment must achieve 90 percent
				reduction in constituent concentrations as measured in leachate from the
				treated media (tested according to the TCLP) or 90 percent reduction in total
				constituent concentrations (when a metal removal treatment technology is used),
				except as provided by subsection (c)(1)(C).
C) When treatment of any constituent subject
				to treatment to a 90 percent reduction standard would result in a concentration
				less than 10 times the universal treatment standard for that constituent,
				treatment to achieve constituent concentrations less than 10 times the
				universal treatment standard is not required. The universal treatment standards
				are identified in Table U.