Current through Register Vol. 48, No. 38, September 20, 2024
a) Except as provided in this Section, the
storage of hazardous wastes restricted from land disposal under Subpart C is
prohibited, unless the following conditions are met:
1) A generator stores such wastes in tanks,
containers, or containment buildings on-site solely for the purpose of the
accumulation of such quantities of hazardous waste as necessary to facilitate
proper recovery, treatment, or disposal and the generator complies with the
requirements in 35 Ill. Adm. Code
722.116
and
722.117
and 35 Ill. Adm. Code 724 and 725. (A generator that is in existence on the
effective date of a regulation under this Part and that must store hazardous
wastes for longer than 90 days due to the regulations under this Part becomes
an owner or operator of a storage facility and must obtain a RCRA permit, as
required by 35 Ill. Adm. Code 703. Such a facility may qualify for interim
status upon compliance with the regulations governing interim status under 35
Ill. Adm. Code
703.153.)
2) An owner or operator of a hazardous waste
treatment, storage, or disposal facility stores such wastes in tanks,
containers, or containment buildings solely for the purpose of the accumulation
of such quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal and each of the following conditions are
fulfilled:
A) Each container is clearly
marked with the following to identify:
i) The
words "Hazardous Waste";
ii) The
applicable USEPA hazardous waste numbers in Subparts C and D of 35 Ill. Adm.
Code 721; or use a nationally recognized electronic system, such as bar coding,
to identify the USEPA hazardous waste numbers;
iii) An indication of the hazards of the
contents (examples include, but are not limited to, the applicable hazardous
waste characteristics (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with subpart E (Labeling) or subpart F (Placarding) of
49 CFR 172, incorporated by reference in 35 Ill. Adm. Code
720.111; a hazard
statement or pictogram consistent with
29 CFR
1910.1200, incorporated by reference in 35
Ill. Adm. Code 720.111; or a chemical hazard label consistent with NFPA 704,
incorporated by reference in 35 Ill. Adm. Code 720.111); and
iv) The date each period of accumulation
begins.
B) Each tank is
clearly marked with a description of its contents, the quantity of each
hazardous waste received and the date each period of accumulation begins, or
such information is recorded and maintained in the operating record at the
facility. Regardless of whether the tank itself is marked, the owner and
operator must comply with the operating record requirements of 35 Ill. Adm.
Code
724.173 or
725.173.
3) A transporter stores manifested
shipments of such wastes at a transfer facility for 10 days or less.
4) A healthcare facility accumulates such
wastes in containers on site solely for the purpose of accumulating the
quantities of hazardous waste pharmaceuticals as necessary to facilitate proper
recovery, treatment, or disposal, and the healthcare facility complies with the
applicable requirements in 35 Ill. Adm. Code 726.602 and 726.603.
5) A reverse distributor accumulates such
wastes in containers on site solely for the purpose of accumulating the
quantities of hazardous waste pharmaceuticals as necessary to facilitate proper
recovery, treatment, or disposal, and the reverse distributor complies with 35
Ill. Adm. Code 726.610.
b) An owner or operator of a treatment,
storage, or disposal facility may store such wastes for up to one year unless
the Agency can demonstrate that such storage was not solely for the purpose of
accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal.
c) An owner or operator of a treatment,
storage, or disposal facility may store wastes beyond one year; however, the
owner or operator bears the burden of proving that such storage was solely for
the purpose of accumulation of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment, or disposal.
d) If a generator's waste is exempt from a
prohibition on the type of land disposal utilized for the waste (for example,
because of an approved case-by-case extension granted by USEPA under
40 CFR
268.5, an approved Section
728.106
petition or a national capacity variance granted by USEPA under subpart C of 40
CFR 268), the prohibition in subsection (a) does not apply during the period
of such exemption.
e) The
prohibition in subsection (a) does not apply to hazardous wastes that meet the
treatment standards specified under Sections
728.141,
728.142,
and
728.143
or the adjusted treatment standards specified under Section
728.144,
or, if treatment standards have not been specified, the waste is in compliance
with the applicable prohibitions specified in Section
728.132
or
728.139.
f) Liquid hazardous wastes containing PCBs at
concentrations greater than or equal to 50 ppm must be stored at a facility
that meets the requirements of federal
40 CFR
761.65(b) (Storage for
Disposal), incorporated by reference in 35 Ill. Adm. Code
720.111(b),
and must be removed from storage and treated or disposed as required by the
Part within one year of the date when such wastes are first placed into
storage. The provisions of subsection (c) do not apply to such PCB wastes
prohibited under Section 728.132.
g) The prohibition and requirements in this
Section do not apply to hazardous remediation wastes stored in a staging pile
approved under 35 Ill. Adm. Code
724.654.
