Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 733 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - GENERAL › Section 733.109 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Aerosol can" means a non-refillable receptacle containing a
				  gas compressed, liquefied, or dissolved under pressure, the sole purpose of
				  which is to expel a liquid, paste, or powder, and fitted with a self-closing
				  release device allowing the gas to eject the contents.
"Ampule" means an airtight vial made of glass, plastic,
				  metal, or any combination of these materials.
"Battery" means a device consisting of one or more
				  electrically connected electrochemical cells that is designed to receive,
				  store, and deliver electric energy. An electrochemical cell is a system
				  consisting of an anode, cathode, and an electrolyte, plus such connections
				  (electrical and mechanical) as may be needed to allow the cell to deliver or
				  receive electrical energy. The term battery also includes an intact, unbroken
				  battery from which the electrolyte has been removed.
"Destination facility" means a facility that treats, disposes
				  of, or recycles a particular category of universal waste, except those
				  management activities described in Sections
				  733.113(a) and
				  (c) and
				  733.133(a) and
				  (c). A facility at which a particular
				  category of universal waste is only accumulated is not a destination facility
				  for purposes of managing that category of universal waste.
"FIFRA" means the Federal Insecticide, Fungicide, and
				  Rodenticide Act (7 USC 136 through
				  136y).
"Generator" means any person, by site, whose act or process
				  produces hazardous waste identified or listed in 35 Ill. Adm. Code 721 or whose
				  act first causes a hazardous waste to become subject to regulation.
"Lamp" or "universal waste lamp" is defined as the bulb or
				  tube portion of an electric lighting device. A lamp is specifically designed to
				  produce radiant energy, most often in the ultraviolet, visible, or infrared
				  regions of the electromagnetic spectrum. Common examples of universal waste
				  electric lamps include, but are not limited to, fluorescent, high intensity
				  discharge, neon, mercury vapor, high pressure sodium, and metal halide
				  lamps.
"Large quantity handler of universal waste" means a universal
				  waste handler (as defined in this Section) that accumulates 5,000 kilograms or
				  more total of universal waste (batteries, pesticides, mercury-containing
				  equipment, lamps, or aerosol cans, calculated collectively) at any time. This
				  designation as a large quantity handler of universal waste is retained through
				  the end of the calendar year in which the 5,000-kilogram limit is met or
				  exceeded.
"Mercury-containing equipment" means a device or part of a
				  device (including thermostats, but excluding batteries and lamps) that contains
				  elemental mercury integral to its function.
"On-site" means the same or geographically contiguous
				  property that may be divided by public or private right-of-way, provided that
				  the entrance and exit between the properties is at a cross-roads intersection,
				  and access is by crossing as opposed to going along the right of way.
				  Non-contiguous properties, owned by the same person but connected by a
				  right-of-way that that person controls and to which the public does not have
				  access, are also considered on-site property.
"Pesticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any pest or
				  intended for use as a plant regulator, defoliant, or desiccant, other than any
				  article that fulfills one of the following descriptions:
It is a new animal drug under section 201(v) of the Federal
				  Food, Drug and Cosmetic Act (FFDCA) (21 USC
				  321(v)), incorporated by
				  reference in 35 Ill. Adm. Code
				  720.111;
It is an animal drug that has been determined by regulation
				  of the federal Secretary of Health and Human Services under FFDCA section
				  512(j) (21 USC
				  360b(j)), incorporated by
				  reference in 35 Ill. Adm. Code
				  720.111(c),
				  to be an exempted new animal drug; or
It is an animal feed under FFDCA section 201(w)
				  (21 USC
				  321(w)), incorporated by
				  reference in 35 Ill. Adm. Code
				  720.111(c),
				  that bears or contains any substances described in either of the two preceding
				  paragraphs of this definition.
BOARD NOTE: The second exception of corresponding
				  40 CFR
				  273.6 reads as follows: "Is an animal drug
				  that has been determined by regulation of the Secretary of Health and Human
				  Services not to be a new animal drug." This is very similar to the language of
				  section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
				  (7
				  USC 136(u)). The three
				  exceptions, taken together, appear intended not to include as "pesticide" any
				  material within the scope of federal Food and Drug Administration regulation.
				  The Board codified this provision with the intent of retaining the same meaning
				  as its federal counterpart while adding the definiteness required under
				  Illinois law.
"Small quantity handler of universal waste" means a universal
				  waste handler (as defined in this Section) that does not accumulate 5,000
				  kilograms or more total of universal waste (batteries, pesticides,
				  mercury-containing equipment, lamps, or aerosol cans, calculated collectively)
				  at any time.
"Thermostat" means a temperature control device that contains
				  metallic mercury in an ampule attached to a bimetal sensing element and
				  mercury-containing ampules that have been removed from such a temperature
				  control device in compliance with the requirements of Section
				  733.113(c)(2)
				  or
				  733.133(c)(2).
"Universal waste" means any of the following hazardous wastes
				  that are subject to the universal waste requirements of this Part:
Batteries, as described in Section
				  733.102;
Pesticides, as described in Section
				  733.103;
Mercury-containing equipment, as described in Section
				  733.104;
Lamps, as described in Section
				  733.105;
				  and
Aerosol cans, as described in Section
				  733.106.
"Universal waste handler" means either of the
				  following:
A generator (as defined in this Section) of universal waste;
				  or
The owner or operator of a facility, including all contiguous
				  property, that receives universal waste from other universal waste handlers,
				  accumulates universal waste, and sends universal waste to another universal
				  waste handler, to a destination facility, or to a foreign destination.
Universal waste handler does not mean:
A person that treats (except under Section
				  733.113(a) or
				  (c) or
				  733.133(a) or
				  (c)), disposes of, or recycles (except under
				  Section
				  733.113(e)
				  or
				  733.133(e))
				  universal waste; or
A person engaged in the off-site transportation of universal
				  waste by air, rail, highway, or water, including a universal waste transfer
				  facility.
"Universal waste transfer facility" means any
				  transportation-related facility including loading docks, parking areas, storage
				  areas, and other similar areas where shipments of universal waste are held
				  during the normal course of transportation for ten days or less.
"Universal waste transporter" means a person engaged in the
				  off-site transportation of universal waste by air, rail, highway, or
				  water.