Current through Register Vol. 48, No. 38, September 20, 2024
a) Each
person who generates waste shall determine whether the waste is a special
waste.
BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also
determine if the waste is a hazardous waste.
b) No person shall deliver special waste to a
transporter unless the waste is accompanied by a manifest as specified in
Section
808.122, and
the transporter has a special waste hauling permit issued pursuant to 35 Ill.
Adm. Code 809. The following are exceptions to this prohibition:
1) The person is subject to the small
quantity generator exemption of Section
808.123.
2) The transporter and waste are subject to a
transporter exemption under 35 Ill. Adm. Code
809.211.
3) The Agency has determined pursuant to this
Part that the waste is not a special waste.
4) The waste consists of municipal water or
wastewater treatment plant sludge regulated under a sludge management plan
approved by the Agency pursuant to 35 Ill. Adm. Code
309.208.
5) The generator is not required to complete
a manifest for used oil that is defined by and managed in accordance with 35
Ill. Adm. Code 739.
6) The
generator is not required to complete a manifest for the following used oil
mixtures, provided that the generator complies with the informational
requirements of 35 Ill. Adm. Code
739.146(a)
and 35 Ill. Adm. Code
809.501(b):
A) Mixtures of used oil as defined by and
managed in accordance with 35 Ill. Adm. Code 739 and hazardous waste, both
generated and mixed by a conditionally exempt small quantity generator of
hazardous waste, provided that the mixture contains more than 50 percent used
oil by either volume or weight;
B)
Mixtures of used oil as defined by and managed in accordance with 35 Ill. Adm.
Code 739 and characteristic hazardous waste, with a Btu per pound content
greater than 5,000 prior to being mixed with the used oil, when:
i) the characteristic has been extinguished
in the resultant mixture;
ii) both
the used oil and the characteristic hazardous waste have been generated and
mixed by the same generator; and
iii) the mixture contains more than 50
percent used oil by either volume or weight;
C) Mixtures of used oil as defined by and
managed in accordance with 35 Ill. Adm. Code 739 and fuel or other fuel
products; and
D) Used oil as
defined by and managed in accordance with 35 Ill. Adm. Code 739 contaminated by
or mixed with nonhazardous wastewater, when the used oil and the nonhazardous
wastewater are generated by the same generator, and when the mixture results
from use or unintentional contamination.
c) No person shall cause, threaten or allow
the treatment, storage or disposal of special waste in Illinois except:
1) At a facility permitted or otherwise
authorized to manage the special waste pursuant to 35 Ill. Adm. Code 703 or
807; or
2) At a facility owned and
operated by such person and subject to the on-site disposal exemption of
Section 21(d) of the Act.
d) No person shall deliver special waste to a
transporter or a permitted facility without a supplemental wastestream
permit.
e) No person shall deliver
to a transporter or permitted facility special waste with a wastestream
identification number unless the waste conforms with the wastestream
description in the wastestream classification determination.
