Section 720.133  Procedures for Determinations

The Board will use the procedures of Subpart D of 35 Ill. Adm. Code 104 for determining whether a material is a solid waste, for determining whether a particular enclosed flame combustion device is a boiler, or for evaluating an application for a non-waste determination.

a)         The application must address the relevant criteria contained in Section 720.131, 720.132, or 720.134, as applicable.

b)         This subsection (b) corresponds with 40 CFR 260.33(b), which pertains to the USEPA procedure for review of petitions.  This statement maintains structural consistency with USEPA rules.

c)         For a non-waste determination, in the event of a change in circumstances that affects how a hazardous secondary material meets the relevant criteria contained in Section 720.134 upon which a non-waste determination has been based, the applicant must re-apply to the Board for a formal determination that the hazardous secondary material continues to meet the relevant criteria and therefore is not a solid waste.

(Source:  Amended at 34 Ill. Reg. 18535, effective November 12, 2010)