AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended in R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18403, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6232, effective April 16, 1990; amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990; amended in R90-10 at 14 Ill. Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9462, effective June 17, 1991; amended in R90-11 at 15 Ill. Reg. 11937, effective August 12, 1991; amendment withdrawn at 15 Ill. Reg. 14716, October 11, 1991; amended in R91-13 at 16 Ill. Reg. 9619, effective June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5727, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20692, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6799, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17563, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9660, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 783, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7685, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17706, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1964, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9204, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9623, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1296, effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9181, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6687, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 13045, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. 6049, effective April 13, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3800, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1254, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 12840, effective July 14, 2008; amended in R09-3 at 33 Ill. Reg. 1186, effective December 30, 2008; amended in R11-2/R11-16 at 35 Ill. Reg. 18131, effective October 14, 2011; amended in R12-7 at 36 Ill. Reg. 8790, effective June 4, 2012; amended in R13-15 at 37 Ill. Reg. 17951, effective October 24, 2013; amended in R16-7 at 40 Ill. Reg. 12052, effective August 9, 2016; amended in R17-14/R17-15/R18-12/R18-31 at 42 Ill. Reg. 24924, effective November 19, 2018; amended in R20-8/R20-16 at 44 Ill. Reg. 15495, effective September 3, 2020.

SUBPART A: GENERAL

 

Section 728.101  Purpose, Scope, and Applicability

 

a)         This Part identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.

 

b)         Except as specifically provided otherwise in this Part or 35 Ill. Adm. Code 721, the requirements of this Part apply to persons that generate or transport hazardous waste and to owners and operators of hazardous waste treatment, storage, and disposal facilities.

 

c)         Restricted wastes may continue to be land disposed as follows:

 

1)         If a person has been granted an extension to the effective date of a prohibition under Subpart C or under Section 728.105, with respect to those wastes covered by the extension;

 

2)         If a person has been granted an exemption from a prohibition under a petition under Section 728.106, with respect to those wastes and units covered by the petition;

 

3)         A waste that is hazardous only because it exhibits a characteristic of hazardous waste and that is otherwise prohibited under this Part is not prohibited if the following is true of the waste:

 

A)        The waste is disposed into a non-hazardous or hazardous waste injection well, as defined in 35 Ill. Adm. Code 704.106(a); and

 

B)        The waste does not exhibit any prohibited characteristic of hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721 at the point of injection.

 

4)         A waste that is hazardous only because it exhibits a characteristic of hazardous waste and that is otherwise prohibited under this Part is not prohibited if the waste meets any of the following criteria, unless the waste is subject to a specified method of treatment other than DEACT in Section 728.140 or is D003 reactive cyanide:

 

A)        Any of the following is true of either treatment or management of the waste:

 

i)          The waste is managed in a treatment system that subsequently discharges to waters of the United States under a permit issued under 35 Ill. Adm. Code 309;

 

ii)         The waste is treated for purposes of the pretreatment requirements of 35 Ill. Adm. Code 307 and 310; or

 

iii)        The waste is managed in a zero discharge system engaged in Clean Water Act (CWA)-equivalent treatment, as defined in Section 728.137(a); and

 

B)        The waste no longer exhibits a prohibited characteristic of hazardous waste at the point of land disposal (i.e., placement in a surface impoundment).

 

d)         This Part does not affect the availability of a waiver under Section 121(d)(4) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 USC 9621(d)(4)).

 

e)         The following hazardous wastes are not subject to any provision of this Part:

 

1)         Waste generated by a VSQG, as defined in 35 Ill. Adm. Code 720.110;

 

2)         Waste pesticide that a farmer disposes of under 35 Ill. Adm. Code 722.170;

 

3)         Waste identified or listed as hazardous after November 8, 1984, for which USEPA has not promulgated a land disposal prohibition or treatment standard; and

 

4)         De minimis losses of waste that exhibits a characteristic of hazardous waste to wastewaters are not considered to be prohibited waste and are defined as losses from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices used to transfer materials); minor leaks of process equipment, storage tanks, or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory waste that does not exceed one percent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million (ppm) in the headworks of the facility's wastewater treatment or pretreatment facility.

 

f)         A universal waste handler or universal waste transporter (as defined in 35 Ill. Adm. Code 720.110) is exempt from Sections 728.107 and 728.150 for the hazardous wastes listed below.  Such a handler or transporter is subject to regulation under 35 Ill. Adm. Code 733.

 

1)         Batteries, as described in 35 Ill. Adm. Code 733.102;

 

2)         Pesticides, as described in 35 Ill. Adm. Code 733.103;

 

3)         Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.104;

 

4)         Lamps, as described in 35 Ill. Adm. Code 733.105; and

 

5)         Aerosol cans, as described in 35 Ill. Adm. Code 733.106.

 

g)         This Part is cumulative with the land disposal restrictions of 35 Ill. Adm. Code 729.  The Environmental Protection Agency (Agency) must not issue a wastestream authorization under 35 Ill. Adm. Code 709 or Section 22.6 or 39(h) of the Act unless the waste meets the requirements of this Part as well as 35 Ill. Adm. Code 729.

 

h)         Electronic Reporting.  The filing of any document under any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104.

 

BOARD NOTE:  Subsection (h) is derived from 40 CFR 3, 271.10(b), 271.11(b), and 271.12(h).

 

(Source:  Amended at 44 Ill. Reg. 15495, effective September 3, 2020)

 

Section 728.102  Definitions

 

When used in this Part, the following terms have the meanings given below.  All other terms have the meanings given under 35 Ill. Adm. Code 702.110, 720.110, or 721.102 through 721.104.

 

"Agency" means the Illinois Environmental Protection Agency.

 

"Board" means the Illinois Pollution Control Board.

 

"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC 9601 et seq.)

 

"Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is a manufactured object; plant or animal matter; or natural geologic material.  However, the following materials are not debris:  any material for which a specific treatment standard is provided in Subpart D, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals, such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75 percent of their original volume.  A mixture of debris that has not been treated to the standards provided by Section 728.145 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

 

"Halogenated organic compounds" or "HOCs" means those compounds having a carbon-halogen bond that are listed under Appendix C.

 

"Hazardous constituent" or "constituents" means those constituents listed in Appendix H to 35 Ill. Adm. Code 721.

 

"Hazardous debris" means debris that contains a hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721 or that exhibits a characteristic of hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721.  Any deliberate mixing of prohibited waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in Section 728.103.

 

"Inorganic metal-bearing waste" is one for which USEPA has established treatment standards for metal hazardous constituents that does not otherwise contain significant organic or cyanide content, as described in Section 728.103(b)(1), and which is specifically listed in Appendix K.

 

"Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and "land disposal" includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.

 

"Land disposal restriction" or "LDR" is a restriction imposed on the land disposal of a hazardous waste pursuant to this Part or 35 Ill. Adm. Code 738.  The land disposal of hazardous waste is generally prohibited, except where the activity constituting land disposal is specifically allowed, pursuant to this Part or 35 Ill. Adm. Code 738.

BOARD NOTE:  The Board added this definition based on the preamble discussions at 51 Fed. Reg. 40572, 40573-74 (November 7, 1986) and 53 Fed. Reg. 28118, 28119-20 (July 26, 1988).  The USEPA publication "Terms of Environment Glossary, Abbreviations, and Acronyms" (December 1997), USEPA, Communications, Education, and Public Affairs, EPA 175/B-97-001, defines "land disposal restrictions" as follows:  "Rules that require hazardous wastes to be treated before disposal on land to destroy or immobilize hazardous constituents that might migrate into soil and ground water."

 

"Nonwastewaters" are wastes that do not meet the criteria for "wastewaters" in this Section.

 

"Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with federal 40 CFR 761.3 (Definitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b).

 

"ppm" means parts per million.

 

"RCRA corrective action" means corrective action taken under 35 Ill. Adm. Code 724.200 or 725.193, federal 40 CFR 264.100 or 265.93, or similar regulations in other states with RCRA programs authorized by USEPA pursuant to 40 CFR 271.

 

"Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles, as classified by the United States Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges, or solids that is inseparable by simple mechanical removal processes and which is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in Section 728.103.

 

"Underlying hazardous constituent" means any constituent listed in Table U, "Universal Treatment Standards (UTS)", except fluoride, selenium, sulfides, vanadium, and zinc, that can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standard.

 

"USEPA" or "U.S. EPA" means the United States Environmental Protection Agency.

 

"Wastewaters" are wastes that contain less than one  percent by weight total organic carbon (TOC) and less than one  percent by weight total suspended solids (TSS).

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.103  Dilution Prohibited as a Substitute for Treatment

 

a)         Except as provided in subsection (b), no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility must in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with Subpart D, to circumvent the effective date of a prohibition in Subpart C, to otherwise avoid a prohibition in Subpart C, or to circumvent a land disposal restriction imposed by RCRA section 3004 (42 USC 6924).

 

b)         Dilution of waste that is hazardous only because it exhibits a characteristic of hazardous waste in a treatment system that treats wastes subsequently discharged to a water of the State pursuant to an NPDES permit issued under 35 Ill. Adm. Code 309, that treats wastes in a CWA-equivalent treatment system, or that treats wastes for purposes of pretreatment requirements under 35 Ill. Adm. Code 310 is not impermissible dilution for purposes of this Section, unless a method other than DEACT has been specified in Section 728.140 as the treatment standard or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.

 

c)         Combustion of waste designated by any of the USEPA hazardous waste numbers listed in Appendix J is prohibited, unless the waste can be demonstrated to comply with one or more of the following criteria at the point of generation or after any bona fide treatment, such as cyanide destruction prior to combustion (unless otherwise specifically prohibited from combustion):

 

1)         The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in Section 728.148;

 

2)         The waste consists of organic, debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with an inorganic metal-bearing hazardous waste;

 

3)         The waste has reasonable heating value, such as greater than or equal to 5,000 Btu per pound, at the point of generation;

 

4)         The waste is co-generated with wastes for which combustion is a required method of treatment;

 

5)         The waste is subject to any federal or state requirements necessitating reduction of organics (including biological agents); or

 

6)         The waste contains greater than one percent Total Organic Carbon (TOC).

 

d)         It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead.  Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.104  Treatment Surface Impoundment Exemption

 

a)         Wastes that are otherwise prohibited from land disposal under this Part may be treated in a surface impoundment or series of impoundments provided that all of the following conditions are fulfilled:

 

1)         Treatment of such wastes occurs in the impoundments;

 

2)         The following conditions are met:  

 

A)        Sampling and Testing.  For wastes with treatment standards in Subpart D or prohibition levels in Subpart C, the residues from treatment are analyzed, as specified in Section 728.107 or 728.132, to determine if they meet the applicable treatment standards or, where no treatment standards have been established for the waste, the applicable prohibition levels.  The sampling method, specified in the waste analysis plan under 35 Ill. Adm. Code 724.113 or 725.113, must be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples.

 

B)        Removal.  The following treatment residues (including any liquid waste) must be removed at least annually:  residues that do not meet the treatment standards promulgated under Subpart D; residues that do not meet the prohibition levels established under Subpart C or imposed by federal statute (where no treatment standards have been established); residues that are from the treatment of wastes prohibited from land disposal under Subpart C (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes that are not delisted under 35 Ill. Adm. Code 720.122.  If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement.

 

C)        Subsequent Management.  Treatment residues must not be placed in any other surface impoundment for subsequent management.

 

D)        Recordkeeping.  Sampling, testing, and recordkeeping provisions of 35 Ill. Adm. Code 724.113 or 725.113 apply;

 

3)         The impoundment meets the design requirements of 35 Ill. Adm. Code 724.321(c) or 725.321(a) even though the unit may not be new, expanded or a replacement, and must be in compliance with applicable groundwater monitoring requirements of Subpart F of 35 Ill. Adm. Code 724 or Subpart F of 35 Ill. Adm. Code 725, unless any of the following conditions is fulfilled:

 

A)        The impoundment is exempted pursuant to 35 Ill. Adm. Code 724.321(d) or (e), or to 35 Ill. Adm. Code 725.321(c) or (d);

 

B)        Upon application by the owner or operator, the Agency has by permit provided that the requirements of this Part do not apply on the basis that the surface impoundment fulfills all of the following conditions:

 

i)          The impoundment has at least one liner, for which there is no evidence that such liner is leaking;

 

ii)         The impoundment is located more than one-quarter mile from an underground source of drinking water; and

 

iii)        The impoundment is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or

 

C)        Upon application by the owner or operator, the Board has, pursuant to Subpart D of 35 Ill. Adm. Code 104, granted an adjusted standard from the requirements of this Part.  The justification for such an adjusted standard must be a demonstration that the surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time; and

 

4)         The owner or operator submits to the Agency a written certification that the requirements of subsection (a)(3) have been met. The following certification is required:

 

I certify under penalty of law that the requirements of 35 Ill. Adm. Code 728.104(a)(3) have been met for all surface impoundments being used to treat restricted wastes.  I believe that the submitted information is true, accurate, and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

 

b)         Evaporation of hazardous constituents as the principal means of treatment is not considered to be a treatment for purposes of an exemption under this Section.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.105  Procedures for Case-by-Case Extensions to an Effective Date

 

Any person may apply to USEPA for an extension of an effective date pursuant to 40 CFR 268.5.  Any extension that is granted by USEPA will be deemed an extension of the effective date of the derivative Board rule.

 

                       

(Source:  Amended at 30 Ill. Reg. 3800, effective February 23, 2006)

 

Section 728.106  Petitions to Allow Land Disposal of a Waste Prohibited Pursuant to Subpart C

 

a)         Any person seeking an exemption from a prohibition pursuant to Subpart C for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the Board demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous.  The demonstration must include the following components:

 

1)         An identification of the specific waste and the specific unit for which the demonstration will be made;

 

2)         A waste analysis to describe fully the chemical and physical characteristics of the subject waste;

 

3)         A comprehensive characterization of the disposal unit site including an analysis of background air, soil, and water quality;

 

4)         A monitoring plan that detects migration at the earliest practical time;

 

5)         Sufficient information to assure the Agency that the owner or operator of a land disposal unit receiving restricted wastes will comply with other applicable federal, State, and local laws;

 

6)         Whether the facility is in interim status, or, if a RCRA permit has been issued, the term of the permit.

 

b)         The demonstration referred to in subsection (a) must meet the following criteria:

 

1)         All waste and environmental sampling, test and analysis data must be accurate and reproducible to the extent that state-of-the-art techniques allow;

 

2)         All sampling, testing and estimation techniques for chemical and physical properties of the waste and all environmental parameters must conform with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, and with "Generic Quality Assurance Project Plan for Land Disposal Restrictions Program", USEPA publication number EPA-530/SW-87-011, each incorporated by reference in 35 Ill. Adm. Code 720.111.

 

3)         Simulation models must be calibrated for the specific waste and site conditions, and verified for accuracy by comparison with actual measurements;

 

4)         A quality assurance and quality control plan that addresses all aspects of the demonstration and conforms with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, and with "Generic Quality Assurance Project Plan for Land Disposal Restrictions Program", USEPA publication number EPA-530/SW-87-011; and

 

5)         An analysis must be performed to identify and quantify any aspects of the demonstration that contribute significantly to uncertainty.  This analysis must include an evaluation of the consequences of predictable future events, including, but not limited to, earthquakes, floods, severe storm events, droughts, or other natural phenomena.

 

c)         Each petition referred to in subsection (a) must include the following: 

 

1)         A monitoring plan that describes the monitoring program installed at or around the unit to verify continued compliance with the conditions of the adjusted standard.  This monitoring plan must provide information on the monitoring of the unit or the environment around the unit.  The following specific information must be included in the plan:  

 

A)        The media monitored in the cases where monitoring of the environment around the unit is required;

 

B)        The type of monitoring conducted at the unit, in the cases where monitoring of the unit is required;

 

C)        The location of the monitoring stations;

 

D)        The monitoring interval (frequency of monitoring at each station);

 

E)        The specific hazardous constituents to be monitored;

 

F)         The implementation schedule for the monitoring program;

 

G)        The equipment used at the monitoring stations;

 

H)        The sampling and analytical techniques employed; and

 

I)         The data recording and reporting procedures.

 

2)         Where applicable, the monitoring program described in subsection (c)(1) must be in place for a period of time specified by the Board, as part of its approval of the petition, prior to receipt of prohibited waste at the unit.

 

3)         The monitoring data collected according to the monitoring plan specified pursuant to subsection (c)(1) must be sent to the Agency according to a format and schedule specified and approved in the monitoring plan.

 

4)         A copy of the monitoring data collected under the monitoring plan specified pursuant to subsection (c)(1) must be kept on-site at the facility in the operating record.

 

5)         The monitoring program specified pursuant to subsection (c)(1) must meet the following criteria:  

 

A)        All sampling, testing, and analytical data must be approved by the Board and must provide data that is accurate and reproducible;

 

B)        All estimation and monitoring techniques must be approved by the Board; and

 

C)        A quality assurance and quality control plan addressing all aspects of the monitoring program must be provided to and approved by the Board.

 

d)         Each petition must be submitted to the Board as provided in Subpart D of 35 Ill. Adm. Code 104.

 

e)         After a petition has been approved, the owner or operator must report any changes in conditions at the unit or the environment around the unit that significantly depart from the conditions described in the petition and affect the potential for migration of hazardous constituents from the units as follows:  

 

1)         If the owner or operator plans to make changes to the unit design, construction, or operation, the owner or operator must do the following at least 90 days prior to making the change:  

 

A)        File a petition for modification of or a new petition to amend an adjusted standard with the Board reflecting the changes; or

 

B)        Demonstrate to the Agency that the change can be made consistent with the conditions of the existing adjusted standard.

 

2)         If the owner or operator discovers that a condition at the site that was modeled or predicted in the petition does not occur as predicted, this change must be reported, in writing, to the Agency within 10 days after discovering the change.  The Agency must determine whether the reported change from the terms of the petition requires further action, which may include termination of waste acceptance, a petition for modification of or a new petition for an adjusted standard.

 

f)         If there is migration of hazardous constituents from the unit, as determined by the owner or operator, the owner or operator must do the following:

 

1)         It must immediately suspend receipt of prohibited waste at the unit, and

 

2)         It must notify the Agency, in writing, within 10 days after the determination that a release has occurred.

 

3)         Following receipt of the notification, the Agency must, do the following within 60 days after receiving notification:  

 

A)        It must determine whether the owner or operator can continue to receive prohibited waste in the unit under the conditions of the adjusted standard.

 

B)        If modification or vacation of the adjusted standard is necessary, it must file a motion to modify or vacate the adjusted standard with the Board.

 

C)        It must determine whether further examination of any migration is required pursuant to the applicable provisions of 35 Ill. Adm. Code 724 or 725.

 

g)         Each petition must include the following statement signed by the petitioner or an authorized representative:

 

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information.  I believe that submitted information is true, accurate, and complete.  I am aware that there are significant penalties for submitting false information, including  the possibility of fine and imprisonment.

 

h)         After receiving a petition, the Board may request any additional information that may be required to evaluate the demonstration.

 

i)          If approved, the petition will apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and will not apply to any other restricted waste at that disposal unit, or to that specific restricted waste at any other disposal unit.

 

j)          The Board will give public notice and provide an opportunity for public comment, as provided in Subpart D of 35 Ill. Adm. Code 104.  Notice of a final decision on a petition will be published in the Environmental Register.

 

k)         The term of a petition granted pursuant to this Section will be no longer than the term of the RCRA permit if the disposal unit is operating pursuant to a RCRA permit, or up to a maximum of 10 years from the date of approval provided pursuant to subsection (g) if the unit is operating under interim status.  In either case, the term of the granted petition expires upon the termination or denial of a RCRA permit, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached.

 

l)          Prior to the Board's decision, the applicant must comply with all restrictions on land disposal pursuant to this Part once the effective date for the waste has been reached.

 

m)        The petition granted by the Board does not relieve the petitioner of responsibilities in the management of hazardous waste pursuant to 35 Ill. Adm. Code 702, 703, 720 through 728, and 738.

 

n)         Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 500 ppm are not eligible for an adjusted standard pursuant to this Section.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.107  Testing, Tracking, and Recordkeeping Requirements for Generators, Reverse Distributors, Treaters, and Disposal Facilities

 

a)         Requirements for Generators and Reverse Distributors

 

1)         A generator of a hazardous waste must determine if the waste has to be treated before it can be land disposed.  This is done by determining if the hazardous waste meets the treatment standards in Section 728.140, 728.145, or 728.149.  This determination can be made concurrently with the hazardous waste determination required in 35 Ill. Adm. Code 722.111, in either of two ways:  testing the waste or using knowledge of the waste.  If the generator tests the waste, testing determines the total concentration of hazardous constituents or the concentration of hazardous constituents in an extract of the waste obtained using Method 1311 (Toxicity Characteristic Leaching Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a), depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste extract.  (Alternatively, the generator must send the waste to a RCRA-permitted hazardous waste treatment facility, if the waste treatment facility must comply with the requirements of 35 Ill. Adm. Code 724.113 and subsection (b).)  In addition, some hazardous wastes must be treated by particular treatment methods before they can be land disposed and some soils are contaminated by such hazardous wastes.  These treatment standards are also found in Section 728.140 and Table T, and are described in detail in Table C.  These wastes and soils contaminated with such wastes do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards must be tested).  If a generator determines that it is managing a waste or soil contaminated with a waste that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, the generator must comply with the special requirements of Section 728.109 in addition to any applicable requirements in this Section.

 

2)         If the waste or contaminated soil does not meet the treatment standard or if the generator chooses not to make the determination of whether its waste must be treated, the generator must send a one-time written notice to each treatment or storage facility receiving the waste with the initial shipment of waste to each treatment or storage facility, and the generator must place a copy of the one-time notice in the file.  The notice must include the information in column "728.107(a)(2)" of the Generator Paperwork Requirements Table in Table I.  (Alternatively, if the generator chooses not to make the determination of whether the waste must be treated, the notification must include the USEPA hazardous waste numbers and manifest number of the first shipment, and it must include the following statement:  "This hazardous waste may or may not be subject to the LDR treatment standards.  The treatment facility must make the determination.")  No further notification is necessary until such time that the waste or facility changes, in which case a new notification must be sent and a copy placed in the generator's file.

 

3)         If the waste or contaminated soil meets the treatment standard at the original point of generation, the waste generator must do the following:

 

A)        With the initial shipment of waste to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in its own file.  The notice must include the information indicated in column "728.107(a)(3)" of the Generator Paperwork Requirements Table in Table I and the following certification statement, signed by an authorized representative:

 

I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in Subpart D of 35 Ill. Adm. Code 728.  I believe that the information I submitted is true, accurate, and complete.  I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.

 

B)        For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.  The notice must include the information in the column headed "(a)(3)" in Table I.

 

C)        If the waste changes, the generator must send a new notice and certification to the receiving facility and place a copy in its files.  A generator of hazardous debris excluded from the definition of hazardous waste under 35 Ill. Adm. Code 721.103(f) is not subject to these requirements.

 

4)         For reporting, tracking and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed, there are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed.  These include, but are not limited to, case-by-case extensions under Section 728.105, disposal in a no-migration unit under Section 728.106, or a national capacity variance or case-by-case capacity variance under Subpart C.  If a generator's waste is so exempt, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "728.107(a)(4)" of the Generator Paperwork Requirements Table in Table I.  If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in its file.

 

5)         If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under 35 Ill. Adm. Code 722.115, 722.116, and 722.117 to meet applicable LDR treatment standards found at Section 728.140, the generator must develop and follow a written waste analysis plan that describes the procedures it will carry out to comply with the treatment standards.  (Generators treating hazardous debris under the alternative treatment standards of Table F, however, are not subject to these waste analysis requirements.)  The plan must be kept on site in the generator's records, and the following requirements must be met:

 

A)        The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited wastes being treated, and contain all information necessary to treat the wastes in accordance with the requirements of this Part, including the selected testing frequency;

 

B)        Such plan must be kept in the facility's on-site files and made available to inspectors; and

 

C)        Wastes shipped off-site under this subsection (a)(5) must comply with the notification requirements of subsection (a)(3).

 

6)         If a generator determines that the waste or contaminated soil is restricted based solely on its knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator's files.  If a generator determines that the waste is restricted based on testing this waste or an extract developed using Method 1311 (Toxicity Characteristic Leaching Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, all waste analysis data must be retained on-site in the generator's files.

 

7)         If a generator determines that it is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or that is exempt from Subtitle C regulation under 35 Ill. Adm. Code 721.102 through 721.106 subsequent to the point of generation (including deactivated characteristic hazardous wastes that are managed in wastewater treatment systems subject to the CWA, as specified at 35 Ill. Adm. Code 721.104(a)(2); that are CWA-equivalent; or that are managed in an underground injection well regulated under 35 Ill. Adm. Code 730), the generator must place a one-time notice stating such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the disposition of the waste in the generating facility's on-site file.

 

8)         A generator must retain a copy of all notices, certifications, waste analysis data, and other documentation produced under this Section on-site for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal.  The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested in writing by the Agency.  The requirements of this subsection (a)(8) apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under 35 Ill. Adm. Code 721.102 through 721.106, or exempted from RCRA Subtitle C regulation, subsequent to the point of generation.

 

BOARD NOTE:  Any Agency request for extended records retention under this subsection (a)(8) is subject to Board review under Section 40 of the Act.

 

9)         If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at Section 728.142(c), the generator must fulfill the following conditions:

 

A)        With the initial shipment of waste to a treatment facility, the generator must submit a notice that provides the information in column "Section 728.107(a)(9)" in the Generator Paperwork Requirements Table of Table I and the following certification.  The certification, which must be signed by an authorized representative and must be placed in the generator's files, must say the following:

 

I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under Appendix D to 35 Ill. Adm. Code 728 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at 35 Ill. Adm. Code 728.142(c).  I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.

 

B)        No further notification is necessary until such time as the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification must be sent and a copy placed in the generator's file.

 

C)        If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in Section 728.102(i)) need not be determined.

 

D)        The generator must also comply with the requirements in subsections (a)(6) and (a)(7).

 

10)         An SQG with tolling agreements under 35 Ill. Adm. Code 722.120(e) must comply with the applicable notification and certification requirements of subsection (a) for the initial shipment of the waste subject to the agreement.  Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement.  The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested in writing by the Agency.

 

BOARD NOTE:  Any Agency request for extended records retention under this subsection (a)(10) is subject to Board review under Section 40 of the Act.

 

b)         The owner or operator of a treatment facility must test its wastes according to the frequency specified in its waste analysis plan, as required by 35 Ill. Adm. Code 724.113 (for permitted TSDs) or 725.113 (for interim status facilities).  Such testing must be performed as provided in subsections (b)(1), (b)(2), and (b)(3).

 

1)         For wastes or contaminated soil with treatment standards expressed in the waste extract (TCLP), the owner or operator of the treatment facility must test an extract of the treatment residues using Method 1311 (Toxicity Characteristic Leaching Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, to assure that the treatment residues extract meets the applicable treatment standards.

 

2)         For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility must test the treatment residues (not an extract of such residues) to assure that the treatment residues meet the applicable treatment standards.

 

3)         A one-time notice must be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice must be placed in the treatment facility's file.

 

A)        No further notification is necessary until such time that the waste or receiving facility changes, in which case a new notice must be sent and a copy placed in the treatment facility's file.

 

B)        The one-time notice must include the following requirements:

 

i)          USEPA hazardous waste number and manifest number of first shipment;

 

ii)         The waste is subject to the LDRs.  The constituents of concern for F001 through F005 and F039 waste and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents.  If all constituents will be treated and monitored, there is no need to put them all on the LDR notice;

 

iii)        The notice must include the applicable wastewater/nonwastewater category (see Section 728.102(d) and (f)) and subdivisions made within a USEPA hazardous waste numbers based on waste-specific criteria (such as D003 reactive cyanide);

 

iv)        Waste analysis data (when available);

 

v)         For contaminated soil subject to LDRs as provided in Section 728.149(a), the constituents subject to treatment as described in Section 728.149(d) and the following statement, "this contaminated soil (does/does not) contain listed hazardous waste and (does/does not) exhibit a characteristic of hazardous waste and (is subject to/complies with) the soil treatment standards as provided by Section 728.149(c)"; and

 

vi)        A certification is needed (see applicable Section for exact wording).

 

4)         The owner or operator of a treatment facility must submit a certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification  must state as follows:

 

I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification.  Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in 35 Ill. Adm. Code 728.140 without impermissible dilution of the prohibited waste.  I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

 

A certification is also necessary for contaminated soil and it must state as follows:

 

I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in 35 Ill. Adm. Code 728.149 without impermissible dilution of the prohibited wastes.  I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

 

A)        A copy of the certification must be placed in the treatment facility's on-site files.  If the waste or treatment residue changes, or the receiving facility changes, a new certification must be sent to the receiving facility, and a copy placed in the treatment facility's file.

 

B)        Debris excluded from the definition of hazardous waste under 35 Ill. Adm. Code 721.103(f) (i.e., debris treated by an extraction or destruction technology listed in Table F and debris that the Agency has determined does not contain hazardous waste) is subject to the notification and certification requirements of subsection (d) rather than the certification requirements of this subsection (b)(4).

 

C)        For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in part or in whole on the analytical detection limit alternative specified in Section 728.140(d), the certification must be signed by an authorized representative and must state as follows:

 

I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification.  Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in Table C to 35 Ill. Adm. Code 728.  I have been unable to detect the nonwastewater organic constituents, despite having used best good faith efforts to analyze for such constituents.  I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

 

D)        For characteristic wastes that are subject to the treatment standards in Section 728.140 and Table T (other than those expressed as a required method of treatment) or Section 728.149 and that contain underlying hazardous constituents, as defined in Section 728.102(i); if these wastes are treated on-site to remove the hazardous characteristic; and that are then sent off-site for treatment of underlying hazardous constituents, the certification must state as follows:

 

I certify under penalty of law that the waste has been treated in accordance with the requirements of 35 Ill. Adm. Code 728.140 and Table T of Section 728.149 of that Part to remove the hazardous characteristic.  This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards.  I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

 

E)        For characteristic wastes that contain underlying hazardous constituents, as defined in Section 728.102(i), that are treated on-site to remove the hazardous characteristic and to treat underlying hazardous constituents to levels in Section 728.148 and Table U universal treatment standards, the certification must state as follows:

 

I certify under penalty of law that the waste has been treated in accordance with the requirements of 35 Ill. Adm. Code 728.140 and Table T of that Part to remove the hazardous characteristic and that underlying hazardous constituents, as defined in 35 Ill. Adm. Code 728.102(i), have been treated on-site to meet the universal treatment standards of 35 Ill. Adm. Code 728.148 and Table U of that Part.  I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.

 

5)         If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility that sends the waste or treatment residue off-site must comply with the notice and certification requirements applicable to generators under this Section.

 

6)         If the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of 35 Ill. Adm. Code 726.120(b), regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) must, for the initial shipment of waste, prepare a one-time certification described in subsection (b)(4) and a notice that includes the information listed in subsection (b)(3) (except the manifest number).  The certification and notification must be placed in the facility's on-site files.  If the waste or the receiving facility changes, a new certification and notification must be prepared and placed in the on-site files.  In addition, the owner or operator of the recycling facility also must keep records of the name and location of each entity receiving the hazardous waste-derived product.

 

c)         Except if the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal under 35 Ill. Adm. Code 726.120(b), the owner or operator of any land disposal facility disposing any waste subject to restrictions under this Part must do the following:

 

1)         Maintain in its files copies of the notice and certifications specified in subsection (a) or (b).

 

2)         Test the waste or an extract of the waste or treatment residue developed using Method 1311 (Toxicity Characteristic Leaching Procedure in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846) to assure that the waste or treatment residue is in compliance with the applicable treatment standards set forth in Subpart D. Such testing must be performed according to the frequency specified in the facility's waste analysis plan as required by 35 Ill. Adm. Code 724.113 or 35 Ill. Adm. Code 725.113.

 

3)         If the owner or operator is disposing of any waste that is subject to the prohibitions under Section 728.133(f) but not subject to the prohibitions set forth in Section 728.132, the owner or operator must ensure that such waste is the subject of a certification according to the requirements of Section 728.108 prior to disposal in a landfill or surface impoundment unit, and that such disposal is in accordance with the requirements of Section 728.105(h)(2).  The same requirement applies to any waste that is subject to the prohibitions under Section 728.133(f) and also is subject to the statutory prohibitions in the codified prohibitions in Section 728.139 or Section 728.132.

 

4)         If the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal subject to the provisions of 35 Ill. Adm. Code 726.120(b), the owner or operator is not subject to subsections (c)(1) through (c)(3) with respect to such waste.

 

d)         A generator or treater that first claims that hazardous debris is excluded from the definition of hazardous waste under 35 Ill. Adm. Code 721.103(f) (i.e., debris treated by an extraction or destruction technology provided by Table F, and debris that has been delisted) is subject to the following notification and certification requirements:

 

1)         A one-time notification must be submitted to the Agency including the following information:

 

A)        The name and address of the RCRA Subtitle D (municipal solid waste landfill) facility receiving the treated debris;

 

B)        A description of the hazardous debris as initially generated, including the applicable USEPA hazardous waste numbers; and

 

C)        For debris excluded under 35 Ill. Adm. Code 721.103(f)(1), the technology from Table F used to treat the debris.

 

2)         The notification must be updated if the debris is shipped to a different facility and, for debris excluded under 35 Ill. Adm. Code 721.103(f)(1), if a different type of debris is treated or if a different technology is used to treat the debris.

 

3)         For debris excluded under 35 Ill. Adm. Code 721.103(f)(1), the owner or operator of the treatment facility must document and certify compliance with the treatment standards of Table F, as follows:

 

A)        Records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;

 

B)        Records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and

 

C)        For each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files.  The certification must state as follows:

 

I certify under penalty of law that the debris has been treated in accordance with the requirements of 35 Ill. Adm. Code 728.145.  I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment.

 

e)         A generator or treater that first receives a determination from USEPA or the Agency that a given contaminated soil subject to LDRs, as provided in Section 728.149(a), no longer contains a listed hazardous waste and a generator or treater that first determines that a contaminated soil subject to LDRs, as provided in Section 728.149(a), no longer exhibits a characteristic of hazardous waste must do the following:

 

1)         Prepare a one-time only documentation of these determinations including all supporting information; and

 

2)         Maintain that information in the facility files and other records for a minimum of three years.

 

(Source:  Amended at 44 Ill. Reg. 15495, effective September 3, 2020)

 

Section 728.108  Landfill and Surface Impoundment Disposal Restrictions (Repealed)

 

(Source:  Repealed at 15 Ill. Reg. 11937, effective August 12, 1991)

 

Section 728.109  Special Rules for Characteristic Wastes

 

a)         The initial generator of a solid waste must determine each USEPA hazardous waste number applicable to the waste in order to determine the applicable treatment standards under Subpart D.  This determination may be made concurrently with the hazardous waste determination required in Section 722.111.  For purposes of this Part, the waste must carry the USEPA hazardous waste number for any applicable listing under Subpart D of 35 Ill. Adm. Code 721.  In addition, the waste must carry one or more of the USEPA hazardous waste numbers under Subpart C of 35 Ill. Adm. Code 721 where the waste exhibits a characteristic, except in the case when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in subsection (b).  If the generator determines that its waste displays a characteristic of hazardous waste (and the waste is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of Table C), the generator must determine the underlying hazardous constituents (as defined at Section 728.102(i)) in the characteristic waste.

 

b)         Where a prohibited waste is both listed under Subpart D of 35 Ill. Adm. Code 721 and exhibits a characteristic of hazardous waste under Subpart C of 35 Ill. Adm. Code 721, the treatment standard for the USEPA hazardous waste number listed in Subpart D of 35 Ill. Adm. Code 721 will operate in lieu of the standard for the USEPA hazardous waste number under Subpart C of 35 Ill. Adm. Code 721, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic.  Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic USEPA hazardous waste numbers.

 

c)         In addition to any applicable standards determined from the initial point of generation, no prohibited waste that exhibits a characteristic under Subpart C of 35 Ill. Adm. Code 721 must be land disposed, unless the waste complies with the treatment standards under Subpart D.

 

d)         A waste that exhibits a characteristic of hazardous waste under Subpart C of 35 Ill. Adm. Code 721 is also subject to Section 728.107 requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generator's or treater's on-site files.  The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes or if the RCRA Subtitle D (municipal solid waste landfill) facility receiving the waste changes. 

 

1)         The notification must include the following information:

 

A)        The name and address of the RCRA Subtitle D (municipal solid waste landfill) facility receiving the waste shipment; and

 

B)        A description of the waste as initially generated, including the applicable USEPA hazardous waste numbers, the treatability groups, and the underlying hazardous constituents (as defined in Section 728.102(i)), unless the waste will be treated and monitored for all underlying hazardous constituents.  If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

 

2)         The certification must be signed by an authorized representative and must state the language found in Section 728.107(b)(4). If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in Section 728.107(b)(4)(D) applies.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF TREATMENT STANDARDS

 

Section 728.110  First Third (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 783, effective December 16, 1997)

 

Section 728.111  Second Third (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 783, effective December 16, 1997)

 

Section 728.112  Third Third (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 783, effective December 16, 1997)

 

Section 728.113  Newly Listed Wastes

 

In corresponding 40 CFR 268.13, USEPA stated that it would make a land disposal prohibition determination for any hazardous waste identified or listed after November 8, 1984 within six months after the date of identification or listing.  This statement maintains structural consistency with the corresponding federal regulations.

 

(Source:  Amended at 27 Ill. Reg. 13045, effective July 17, 2003)

 

Section 728.114  Surface Impoundment Exemptions

 

a)         This Section defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.

 

b)         Wastes that are newly identified or listed by USEPA persuant to Section 3001 of RCRA (42 USC  6921) after November 8, 1984 and which are stored in a surface impoundment that is newly subject to subtitle C of RCRA (42 USC 6921 et seq.) as a result of the additional identification or listing may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, notwithstanding the fact that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of Subpart F of 35 Ill. Adm. Code 725 within 12 months after promulgation of the new listing or characteristic.

 

c)         Wastes that are newly identified or listed by USEPA under Section 3001 of RCRA (42 USC 6921) after November 8, 1984 and which are treated in a surface impoundment that is newly subject to Subtitle C of RCRA (42 USC 6921 et seq.) as a result of the additional identification or listing may continue to be treated in that surface impoundment, notwithstanding the fact that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of Subpart F of 35 Ill. Adm. Code 725 within 12 months after the promulgation of the new listing or characteristic.  In addition, if the surface impoundment continues to treat hazardous waste after 48 months from promulgation of the additional listing or characteristic, it must then be in compliance with Section 728.104.

 

(Source:  Amended at 30 Ill. Reg. 3800, effective February 23, 2006)

SUBPART C: PROHIBITION ON LAND DISPOSAL

 

Section 728.120  Waste-Specific Prohibitions:  Dyes and Pigments Production Wastes

 

a)         The waste specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste number K181, soil and debris contaminated with this waste, radioactive wastes mixed with this waste, and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal.

 

b)         The requirements of subsection (a) do not apply if any of the following conditions are fulfilled:

 

1)         The wastes meet the applicable treatment standards specified in Subpart D;

 

2)         A no-migration exemption has been granted from a prohibition pursuant to a petition under Section 728.106, in which case the requirements of subsection (a) do not apply with respect to those wastes and units covered by the petition;

 

3)         The wastes meet the applicable treatment standards established pursuant to a petition granted under Section 728.144;

 

4)         Hazardous debris has met the treatment standards in Section 728.140 or the alternative treatment standards in Section 728.145; or

 

5)         USEPA has granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, in which case the requirements of subsection (a) do not apply with respect to these wastes covered by the extension.

 

c)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract of the waste, or the generator may use knowledge of the waste.  If the waste contains regulated constituents in excess of the applicable levels set forth in Subpart D, the waste is prohibited from land disposal, and all requirements of this Part apply, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.130  Waste-Specific Prohibitions:  Wood Preserving Wastes

 

a)         The following wastes are prohibited from land disposal:  the wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste numbers F032, F034, and F035.

 

b)         The following wastes are prohibited from land disposal:  soil and debris contaminated with the wastes specified in 35 Ill. Adm. Code 721 as F032, F034, F035; and radioactive wastes mixed with USEPA hazardous waste numbers F032, F034, and F035.

 

c)         This subsection (c) corresponds with 40 CFR 268.30(c), which expired by its own terms on May 12, 1999.  This statement maintains structural consistency with the corresponding federal regulations.

 

d)         The requirements of subsections (a) and (b) do not apply if any of the following conditions is fulfilled:

 

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; or

 

4)         A person has been granted an extension to the effective date of a prohibition by USEPA pursuant to federal 40 CFR 268.5 (see Section 728.105), with respect to those wastes covered by the extension.

 

e)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140 and Table T, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste.  If the waste contains constituents in excess of the applicable universal treatment standard levels of Section 728.148 and Table U, the waste is prohibited from land disposal and all requirements of Part 728 are applicable, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.131  Waste-Specific Prohibitions:  Dioxin-Containing Wastes

 

a)         The dioxin-containing wastes specified in 35 Ill. Adm. Code 721.131 as USEPA Hazardous Waste Numbers F020, F021, F022, F023, F026, F027, and F028 are prohibited from land disposal, unless the following condition applies:  the dioxin-containing waste is contaminated soil and debris resulting from a CERCLA response or a RCRA corrective action.

 

b)         USEPA Hazardous Waste Numbers F020, F021, F022, F023, F026, F027, and F028, and dioxin-containing waste that is contaminated soil and debris resulting from a CERCLA response or a RCRA corrective action listed in subsection (a) are prohibited from land disposal.

 

c)         This subsection (c) corresponds with 40 CFR 268.31(c), which expired by its own terms on November 8, 1990.  This statement maintains structural consistency with the corresponding federal regulations.

 

d)         The requirements of subsections (a) and (b) do not apply if any of the following conditions is fulfilled:  

 

1)         The wastes meet the standards of Subpart D; or

 

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; or

 

3)         A person has been granted an extension from the effective date of a prohibition pursuant to Section 728.105, with respect to those wastes and units covered by the extension.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.132  Waste-Specific Prohibitions:  Soils Exhibiting the Toxicity Characteristic for Metals and Containing PCBs

 

a)         The following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (USEPA hazardous waste numbers D004 through D011) and containing PCBs.

 

b)         The requirements of subsection (a) do not apply if any of the following conditions is fulfilled:

 

1)         Low-Halogenated Organics Waste Meeting the Treatment Standards of Subpart D

 

A)        The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and

 

B)        The wastes meet the treatment standards specified in Subpart D for USEPA hazardous waste numbers D004 through D011, as applicable; or

 

2)         Low-Halogenated Organics Waste Meeting Alternative Treatment Standards for Contaminated Soil

 

A)        The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and

 

B)        The wastes meet the alternative treatment standards specified in Section 728.149 for contaminated soil; or

 

3)         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; or

 

4)         The wastes meet applicable alternative treatment standards established pursuant to a petition granted under Section 728.144.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.133  Waste-Specific Prohibitions:  Chlorinated Aliphatic Wastes

 

a)         The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

 

b)         The requirements of subsection (a) do not apply if any of the following conditions is fulfilled:

 

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 treatment standards established pursuant to a petition granted under Section 728.144;

 

4)         Hazardous debris has met the treatment standards in Section 728.140 or the alternative treatment standards in Section 728.145; or

 

5)         A person has been granted an extension to the effective date of a prohibition pursuant to Section 728.105, with respect to those wastes covered by the extension.

 

c)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste.  If the waste contains regulated constituents in excess of the applicable levels of Subpart D, the waste is prohibited from land disposal, and all requirements of this Part 728 are applicable, except as otherwise specified.

 

d)         Disposal of USEPA hazardous waste number K175 wastes that have complied with all applicable Section 728.140 treatment standards must also be macroencapsulated in accordance with Table F, unless the waste is placed in one of the following:

 

1)         A RCRA Subtitle C monofill containing only K175 wastes that meet all applicable Section 728.140 treatment standards; or

 

2)         A dedicated RCRA Subtitle C landfill cell in which all other wastes being co-disposed are at pH<6.0.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.134  Waste-Specific Prohibitions:  Toxicity Characteristic Metal Wastes

 

a)         The following wastes are prohibited from land disposal:  the wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste numbers D004 through D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at 35 Ill. Adm. Code 721.

 

b)         The following waste is prohibited from land disposal:  slag from secondary lead smelting that exhibits the characteristic of toxicity due to the presence of one or more metals.

 

c)         The following wastes are prohibited from land disposal:  newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with USEPA hazardous waste numbers D004 through D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris.

 

d)         This subsection (d) corresponds with 40 CFR 269.34(d), which expired by its own terms on May 26, 2000.  This statement maintains structural consistency with the corresponding federal regulations.

 

e)         The requirements of subsections (a) and (b) 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)         The Board has 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; or

 

4)         USEPA has granted an extension to the effective date of a prohibition pursuant to federal 40 CFR 268.5, with respect to those wastes covered by the extension.

 

f)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140 and Table T, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste.  If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable universal treatment standard levels of Section 728.148 and Table U, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.135  Waste-Specific Prohibitions:  Petroleum Refining Wastes

 

a)         The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous wastes numbers K169, K170, K171, and K172; soils and debris contaminated with these wastes; radioactive wastes mixed with these hazardous wastes; and soils and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

 

b)         The requirements of subsection (a) 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)         The Board has granted an adjusted standard that exempts waste from a prohibition pursuant to Section 728.106, with respect to those wastes and units covered by the adjusted standard;

 

3)         The wastes meet an adjusted standard from an applicable treatment standard granted under Section 728.144;

 

4)         The waste is hazardous debris that has met the treatment standards set forth in Section 728.140 and Table T or the alternative treatment standards in Section 728.145; or

 

5)         USEPA has granted an extension to the effective date of a prohibition pursuant to federal 40 CFR 268.5, with respect to these wastes covered by the extension.

 

c)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste.  If the waste contains constituents in excess of the applicable universal treatment standard levels of Section 728.148 and Table U, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.136  Waste-Specific Prohibitions:  Inorganic Chemical Wastes

 

a)         The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous wastes numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

 

b)         The requirements of subsection (a) 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 treatment standards established pursuant to a petition granted under Section 728.144;

 

4)         Hazardous debris has met the treatment standards in Section 728.140 and Table T or the alternative treatment standards in Section 728.145; or

 

5)         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.

 

c)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140 and Table T, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of Subpart D, the waste is prohibited from land disposal, and all requirements of this part are applicable, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.137  Waste-Specific Prohibitions:   Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated

 

a)         The wastes specified in 35 Ill. Adm. Code 721.121 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in 35 Ill. Adm. Code 721.122 as D002, that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.

 

b)         The wastes specified in 35 Ill. Adm. Code 721.121 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in 35 Ill. Adm. Code 721.122 as D002, that are managed in systems defined in 35 Ill. Adm. Code 704 and 730 as Class V injection wells, that do not engage in CWA-equivalent treatment before injection, are prohibited from land disposal.

 

(Source:  Amended at 27 Ill. Reg. 13045, effective July 17, 2003)

 

Section 728.138  Waste-Specific Prohibitions:  Newly-Identified Organic Toxicity Characteristic Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production Wastes

 

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.

 

e)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140 and Table T, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste.  If the waste contains constituents in excess of the applicable levels of Subpart D, the waste is prohibited from land disposal and all requirements of this Part are applicable, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.139  Waste-Specific Prohibitions:  Spent Aluminum Potliners and Carbamate Wastes

 

a)         The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste numbers K156-K159 and K161; and in 35 Ill. Adm. Code 721.133 as USEPA hazardous waste numbers P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through U411 are prohibited from land disposal.  In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

 

b)         The wastes identified in 35 Ill. Adm. Code 721.123 as USEPA hazardous waste number D003 are prohibited from land disposal, other than those that are managed in a system whose discharge is regulated under 35 Ill. Adm. Code: Subtitle C, one that injects hazardous waste in Class I waste injection well regulated under 35 Ill. Adm. Code 702, 704, and 730, or one that is a zero discharger that engages in federal Clean Water Act (CWA)-equivalent treatment before ultimate land disposal.  This prohibition does not apply to unexploded ordnance and other explosive devices that have been the subject of an emergency response.  (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see Section 728.140)).

 

c)         The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste number K088 are prohibited from land disposal.  In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

 

d)         Radioactive wastes mixed with waste designated by any of USEPA hazardous waste numbers K088, K156 through K159, K161, P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through U411 are prohibited from land disposal.  In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

 

e)         This subsection corresponds with 40 CFR 268.39(e), which expired by its own terms after April 8, 1998.  This statement maintains structural consistency with the corresponding federal regulations.

 

f)         The requirements of subsections (a), (b), (c), and (d) 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)         The person conducting the disposal has been granted an exemption from a prohibition under a petition pursuant to Section 728.106, with respect to those wastes and units covered by the petition;

 

3)         The wastes meet the applicable alternative treatment standards established pursuant to a petition granted under Section 728.144; or

 

4)         The person conducting the disposal has been granted an extension to the effective date of a prohibition pursuant to Section 728.105, with respect to those wastes covered by the extension.

 

g)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards set forth in Section 728.140, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or in the waste, or the generator may use knowledge of the waste.  If a waste contains constituents in excess of the applicable levels of Subpart D, the waste is prohibited from land disposal and all requirements of this Part are applicable to the waste, except as otherwise specified.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

SUBPART D: TREATMENT STANDARDS

 

Section 728.140  Applicability of Treatment Standards

 

a)         A prohibited waste identified in Table T, "Treatment Standards for Hazardous Wastes", may be land disposed only if it meets the requirements found in that Table.  For each waste, Table T identifies one of three types of treatment standard requirements:

 

1)         All hazardous constituents in the waste or in the treatment residue must be at or below the values found in Table T for that waste (total waste standards);

 

2)         The hazardous constituents in the extract of the waste or in the extract of the treatment residue must be at or below the values found in Table T (waste extract standards); or

 

3)         The waste must be treated using the technology specified in Table T (technology standard), which is described in detail in Table C, "Technology Codes and Description of Technology-Based Standards".

 

b)         For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect.  For all nonwastewaters, compliance with concentration level standards is based on grab sampling.  For wastes covered by the waste extract standards, the test Method 1311 (Toxicity Characteristic Leaching Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a), must be used to measure compliance.  An exception is made for D004 and D008, for which either of two test methods may be used:  Method 1311 or Method 1310B (Extraction Procedure Toxicity Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846.  For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Agency pursuant to Section 728.142(b).

 

c)         When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern.

 

d)         Notwithstanding the prohibitions specified in subsection (a), treatment and disposal facilities may demonstrate (and certify pursuant to Section 728.107(b)(5)) compliance with the treatment standards for organic constituents specified by a footnote in Table T, provided the following conditions are satisfied:

 

1)         The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of Subpart O of 35 Ill. Adm. Code 724, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;

 

2)         The treatment or disposal facility has used the methods referenced in subsection (d)(1) to treat the organic constituents; and

 

3)         The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this Section and Table T by an order of magnitude.

 

e)         For a characteristic waste (USEPA hazardous waste number D001 through D043) that is subject to treatment standards set forth in Table T, "Treatment Standards for Hazardous Wastes", and the waste is not managed in a wastewater treatment system that is either regulated under the Clean Water Act (CWA) or one that is CWA-equivalent or the waste is injected into a Class I non-hazardous deep injection well, all underlying hazardous constituents (as defined in Section 728.102) must meet the universal treatment standards, set forth in Table U prior to land disposal, as defined in Section 728.102.

 

f)         The treatment standards for USEPA hazardous waste numbers F001 through F005 nonwastewater constituents carbon disulfide, cyclohexanone, or methanol apply to wastes that contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311 (Toxicity Characteristic Leaching Procedure) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).  If the waste contains any of these three constituents along with any of the other 25 constituents found in USEPA hazardous waste numbers F001 through F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, or methanol are not required.

 

g)         This subsection (g) corresponds with 40 CFR 268.40(g), which expired by its own terms on March 4, 1999.  This statement maintains structural consistency with the corresponding federal rules.

 

h)         Prohibited USEPA hazardous waste numbers D004 through D011, mixed radioactive wastes, and mixed radioactive listed wastes containing metal constituents that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage do not have to be re-treated to meet treatment standards in this Section prior to land disposal.

 

i)          This subsection (i) corresponds with 40 CFR 268.40(i), which USEPA has removed and marked "reserved".  This statement maintains structural consistency with the corresponding federal regulations.

 

j)          The treatment standards for the wastes specified in 35 Ill. Adm. Code 721.133 as USEPA hazardous waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in Table T, "Treatment Standards for Hazardous Wastes", or by treating the waste by the following technologies:  combustion, as defined by the technology code CMBST at Table C, for nonwastewaters; biodegradation, as defined by the technology code BIODG; carbon adsorption, as defined by the technology code CARBN; chemical oxidation, as defined by the technology code CHOXD; or combustion, as defined as technology code CMBST at Table C, for wastewaters.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.141  Treatment Standards Expressed as Concentrations in Waste Extract

 

For the requirements previously found in this Section and for treatment standards in Table A, "Table CCWE-Constituent Concentrations in Waste Extracts", refer to Section 728.140 and Table T, "Treatment Standards for Hazardous Wastes".

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.142  Treatment Standards Expressed as Specified Technologies

 

a)         The following wastes listed in Table T, "Treatment Standards for Hazardous Wastes", for which standards are expressed as a treatment method rather than as a concentration level, must be treated using the technology or technologies specified in Table C.

 

1)         Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm but less than 500 ppm must be incinerated in accordance with the technical requirements of 40 CFR 761.70 (Incineration), incorporated by reference in 35 Ill. Adm. Code 720.111(b), or burned in high efficiency boilers in accordance with the technical requirements of 40 CFR 761.60 (Disposal Requirements), incorporated by reference in 35 Ill. Adm. Code 720.111(b).  Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 500 ppm must be incinerated in accordance with the technical requirements of 40 CFR 761.70.  Thermal treatment in accordance with this Section must be in compliance with applicable regulations in 35 Ill. Adm. Code 724, 725, and 726.

 

2)         Nonliquid hazardous wastes containing halogenated organic compounds (HOCs) in total concentrations greater than or equal to 1,000mg/kg and liquid HOC-containing wastes that are prohibited pursuant to Section 728.132(e)(1) must be incinerated in accordance with the requirements of Subpart O of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm. Code 725.  These treatment standards do not apply where the waste is subject to a treatment standard codified in Subpart C for a specific HOC (such as a hazardous waste chlorinated solvent for which a treatment standard is established pursuant to Section 728.141(a)).

 

3)         A mixture consisting of wastewater, the discharge of which is subject to regulation pursuant to 35 Ill. Adm. Code 309 or 310, and de minimis losses of materials from manufacturing operations in which these materials are used as raw materials or are produced as products in the manufacturing process that meet the criteria of the D001 ignitable liquids containing greater than 10 percent total organic constituents (TOC) subcategory are subject to the DEACT treatment standard described in Table C. For purposes of this subsection (a)(3), "de minimis losses" include the following:

 

A)        Those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, or leaks from pipes, valves, or other devices used to transfer materials);

 

B)        Minor leaks from process equipment, storage tanks, or containers;

 

C)        Leaks from well-maintained pump packings and seals;

 

D)        Sample purgings; and

 

E)        Relief device discharges.

 

b)         Any person may submit an application to the Agency demonstrating that an alternative treatment method can achieve a level of performance equivalent to that achievable by methods specified in subsections (a), (c), and (d) for wastes or specified in Table F for hazardous debris.  The applicant must submit information demonstrating that the applicant's treatment method is in compliance with federal and state requirements, including this Part; 35 Ill. Adm. Code 709, 724, 725, 726, and 729; and Sections 22.6 and 39(h) of the Environmental Protection Act and that the treatment method adequately protects human health and the environment.  On the basis of such information and any other available information, the Agency must approve the use of the alternative treatment method if the Agency finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified in subsections (a), (c), and (d) and in Table F, for hazardous debris.  Any approval must be stated in writing and may contain such provisions and conditions as the Agency determines to be appropriate. The person to whom such approval is issued must comply with all limitations contained in such determination.

 

c)         As an alternative to the otherwise applicable treatment standards of Subpart D, lab packs are eligible for land disposal provided the following requirements are met:

 

1)         The lab packs comply with the applicable provisions of 35 Ill. Adm. Code 724.416 and 725.416;

 

            BOARD NOTE:  35 Ill. Adm. Code 729.301 and 729.312 include additional restrictions on the use of lab packs.

 

2)         The lab pack does not contain any of the wastes listed in Appendix D;

 

3)         The lab packs are incinerated in accordance with the requirements of Subpart O of 35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm. Code 725; and

 

4)         Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in Subpart D.

 

d)         Radioactive hazardous mixed wastes are subject to the treatment standards in Section 728.140 and Table T. Where treatment standards are specified for radioactive mixed wastes in Table T, "Table of Treatment Standards", those treatment standards will govern.  Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by USEPA hazardous waste number) applies.  Hazardous debris containing radioactive waste is subject to the treatment standards specified in Section 728.145.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.143  Treatment Standards Expressed as Waste Concentrations

 

For the requirements previously found in this Section and for treatment standards in Table A, "CCW-Constituent Concentrations in Wastes", refer to Section 728.140 and Table T, "Treatment Standards for Hazardous Wastes".

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.144  USEPA Variance from a Treatment Standard

 

a)         Based on a petition filed by a generator or treater of hazardous waste, USEPA has stated that it may approve a variance from an applicable treatment standard if the petitioner can demonstrate that either of the following applies to treatment of the waste:

 

1)         It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard.  To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or

 

2)         It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible.  To show that this is the case, the petitioner must demonstrate that either of the following applies to treatment of the waste:

 

A)        Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media); or

 

B)        For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.

 

BOARD NOTE:  A variance from a treatment standard is available only from USEPA.  USEPA has reserved to itself the authority to grant a variance from a treatment standard.

 

b)         Each petition must be submitted in accordance with the procedures in 40 CFR 260.20.

 

c)         Each petition must include the following statement signed by the petitioner or an authorized representative:

 

            I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

 

d)         After receiving a petition for an adjusted treatment standard, USEPA has stated that it may request any additional information or samples that are necessary to evaluate the petition.  Additional copies of the complete petition may be requested as needed to send to affected states and Regional Offices.

 

e)         USEPA has stated that it will give public notice in the Federal Register of the intent to approve or deny a petition and provide an opportunity for public comment.  USEPA has stated that the final decision on a variance from a treatment standard will be published in the Federal Register. 

 

f)         A generator, treatment facility or disposal facility that is managing a waste covered by an adjusted treatment standard must comply with the waste analysis requirements for restricted wastes found under Section 728.107.

 

g)         During the petition review process, the applicant is required to comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached.

 

h)         Based on a petition filed by a generator or treater of hazardous waste, USEPA has stated that it may approve a site-specific variance from an applicable treatment standard if the petitioner can demonstrate that either of the following applies to treatment of the waste:

 

1)         It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard.  To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or

 

2)         It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible.  To show that this is the case, the petitioner must demonstrate that either of the following applies to treatment of the waste:

 

A)        Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media); or

 

B)        For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.

 

3)         For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) the concentrations necessary to minimize short- and long-term threats to human health and the environment.  USEPA has stated that a treatment variance granted under 40 CFR 268.44(h)(3) will include the following features:

 

A)        At a minimum, USEPA has stated that a treatment variance approved under 40 CFR 268.44(h)(3) will impose an alternative land disposal restriction treatment standard that will achieve the following, using a reasonable maximum exposure scenario:

 

i)          For carcinogens, it will achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime, generally falling within a range from 10^-4 to 10^-6; and

 

ii)         For constituents with non-carcinogenic effects, it will achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime.

 

B)        USEPA has stated that a treatment variance approved under 40 CFR 268.44(h)(3) will not consider post-land-disposal controls.

 

4)         For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) natural background concentrations at the site where the contaminated soil will be land disposed.

 

5)         USEPA has stated that public notice and a reasonable opportunity for public comment must be provided before granting or denying a petition.

 

i)          Each petition for a site-specific variance from a treatment standard must include the information in 40 CFR 260.20(b)(1) through (b)(4).

 

j)          After receiving an application for a site-specific variance from a treatment standard, USEPA may request any additional information or samples that USEPA determines are necessary to evaluate the petition.

 

k)         A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard must comply with the waste analysis requirements for restricted wastes in Section 728.107.

 

l)          During the petition review process, the petitioner for a site-specific variance must comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached.

 

m)        For any variance from a treatment standard, the petitioner must also demonstrate that compliance with the requested variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste.  In evaluating this demonstration, USEPA has stated that it will take into account whether the treatment variance should be granted if the subject waste is to be used in a manner constituting disposal pursuant to 40 CFR 266.20 through 266.23.

 

n)         This subsection (n) corresponds with 40 CFR 268.44(n), marked "reserved" by USEPA.  This statement maintains structural consistency with corresponding federal regulations.  

 

o)         The facilities listed in Table H are excluded from the treatment standards under Section 728.143(a) and Table B, and are subject to the constituent concentrations listed in Table H.

 

p)         After USEPA grants a treatability exception by regulatory action pursuant to 40 CFR 268.44 and a person demonstrates that the treatability exception needs to be adopted as part of the Illinois RCRA program because the waste is generated or managed in Illinois, the Board will adopt the treatability exception by identical in substance rulemaking pursuant to Section 22.4(a) of the Environmental Protection Act.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.145  Treatment Standards for Hazardous Debris

 

a)         Treatment Standards.  Hazardous debris must be treated prior to land disposal as follows, unless the Agency has determined, under 35 Ill. Adm. Code 721.103(f)(2), that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this Subpart D for the waste contaminating the debris:

 

1)         General.  Hazardous debris must be treated for each "contaminant subject to treatment", defined by subsection (b), using the technology or technologies identified in Table F.

 

2)         Characteristic Debris.  Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under 35 Ill. Adm. Code 721.121, 721.122, or 721.123, respectively, must be deactivated by treatment using one of the technologies identified in Table F.

 

3)         Mixtures of Debris Types.  The treatment standards of Table F must be achieved for each type of debris contained in a mixture of debris types.  If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

 

4)         Mixtures of Contaminant Types.  Debris that is contaminated with two or more contaminants subject to treatment identified under subsection (b) must be treated for each contaminant using one or more treatment technologies identified in Table F.  If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

 

5)         Waste PCBs.  Hazardous debris that is also a waste PCB under 40 CFR 761 (Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions), incorporated by reference in 35 Ill. Adm. Code 720.111(b), is subject to the requirements of either 40 CFR 761 or the requirements of this Section, whichever are more stringent.

 

b)         Contaminants Subject to Treatment.  Hazardous debris must be treated for each "contaminant subject to treatment".  The contaminants subject to treatment must be determined as follows:

 

1)         Toxicity Characteristic Debris.  The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by 35 Ill. Adm. Code 721.124 are those EP constituents for which the debris exhibits the TC toxicity characteristic.

 

2)         Debris Contaminated with Listed Waste.  The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under Section 728.140 and Table T.

 

3)         Cyanide Reactive Debris.  Hazardous debris that is reactive because of cyanide must be treated for cyanide.

 

c)         Conditioned Exclusion of Treated Debris.  Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table F and that does not exhibit a characteristic of hazardous waste identified under Subpart C of 35 Ill. Adm. Code 721 after treatment is not a hazardous waste and need not be managed in a subtitle C facility.  Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table F is a hazardous waste and must be managed in a RCRA Subtitle C treatment, storage, or disposal facility.

 

d)         Treatment Residuals

 

1)         General Requirements.  Except as provided by subsections (d)(2) and (d)(4):

 

A)        Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and

 

B)        Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by Subpart D for the waste contaminating the debris.

 

2)         Nontoxic Debris.  Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by subsection (b), must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of Subpart D.

 

3)         Cyanide-Reactive Debris.  Residue from the treatment of debris that is reactive because of cyanide must meet the standards for USEPA hazardous waste number D003 under Section 728.140 and Table T.

 

4)         Ignitable Nonwastewater Residue.  Ignitable nonwastewater residue containing equal to or greater than 10 percent total organic carbon is subject to the technology specified in the treatment standard for USEPA hazardous waste number D001:  Ignitable Liquids.

 

5)         Residue from Spalling.  Layers of debris removed by spalling are hazardous debris that remains subject to the treatment standards of this Section.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.146  Alternative Treatment Standards Based on HTMR

 

For the treatment standards previously found in Table G, as formerly referenced in this Section, refer to Section 728.140 and Table T, "Treatment Standards for Hazardous Wastes".

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.148  Universal Treatment Standards

 

Table U, "Universal Treatment Standards (UTS)", identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits.  For determining compliance with treatment standards for underlying hazardous constituents, as defined in Section 728.102(i), these treatment standards may not be exceeded.  Compliance with these treatment standards is measured by an analysis of grab samples, unless otherwise noted in Table U.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

 

Section 728.149  Alternative LDR Treatment Standards for Contaminated Soil

 

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.

 

2)         Soils That Exhibit the Characteristic of Ignitability, Corrosivity or Reactivity.  In addition to the treatment required by subsection (c)(1), prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to eliminate these characteristics.

 

3)         Soils That Contain Nonanalyzable Constituents.  In addition to the treatment requirements of subsections (c)(1) and (c)(2), prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:

 

A)        For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in subsections (c)(1) and (c)(2); or

 

B)        For soil that contains only nonanalyzable constituents, treatment by the methods specified in Section 728.142 for the waste contained in the soil.

 

d)         Constituents Subject to Treatment.  When applying the soil treatment standards in subsection (c), constituents subject to treatment are any constituents listed in Table U, entitled "Universal Treatment Standards", that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not constituents subject to treatment in any given volume of soil that exhibits the toxicity characteristic solely because of the presence of metals.

 

e)         Management of Treatment Residuals.  Treatment residuals from treating contaminated soil identified by subsection (a) as needing to comply with LDRs must be managed as follows:

 

1)         Soil residuals are subject to the treatment standards of this Section;

 

2)         Non-soil residuals are subject to the following requirements:

 

A)        For soils contaminated by listed hazardous waste, the RCRA Subtitle C standards applicable to the listed hazardous waste; and

 

B)        For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.

 

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)

SUBPART E: PROHIBITIONS ON STORAGE