Current through Register Vol. 48, No. 38, September 20, 2024
a) The operator
must implement a load checking program that meets the requirements of this
Section, for detecting and discouraging attempts to dispose regulated hazardous
wastes at the facility. For purposes of this Section and Section
811.406,
"regulated hazardous waste" means a solid waste that is a hazardous waste, as
defined in 35 Ill. Adm. Code
721.103,
that is not excluded from regulation as hazardous waste under 35 Ill. Adm. Code
721.104(b)
or which was not generated by a VSQG, as defined in 35 Ill. Adm. Code
720.110.
b) In addition to checking for hazardous
waste in accordance with subsection (a), the load checking program at a MSWLF
unit must include waste load inspection for detecting and discouraging attempts
to dispose of polychlorinated biphenyl wastes, as defined in
40
CFR 761.3 (2017).
c) The load checking program must consist of,
at a minimum, the following components:
1)
Random Inspections
A) An inspector designated
by the facility must examine at least three random loads of solid waste
delivered to the landfill on a random day each week. The drivers randomly
selected by the inspector must be directed to discharge their loads at a
separate, designated location within the facility. The facility must conduct a
detailed inspection of the discharged material for any regulated hazardous or
other unacceptable wastes that may be present. Cameras or other devices may be
used to record the visible contents of solid waste shipments. If these devices
are employed, their use should be designated on a sign posted near the entrance
to the facility.
B) If regulated
hazardous wastes or other unacceptable wastes are suspected, the facility must
communicate with the generator, hauler or other party responsible for shipping
the waste to the facility to determine the identity of the waste.
2) Recording Inspection Results.
Information and observations derived from each random inspection must be
recorded in writing and retained at the facility for at least three years. The
recorded information must include, at a minimum, the date and time of the
inspection; the names of the hauling firm and the driver of the vehicle; the
vehicle license plate number; the source of the waste, as stated by the driver;
and observations made by the inspector during the detailed inspection. The
written record must be signed by both the inspector and the driver.
3) Training. The solid waste management
facility must train designated inspectors, equipment operators, weigh station
attendants, spotters at large facilities, and all other appropriate facility
personnel in the identification of potential sources of regulated hazardous
wastes and other unacceptable wastes, including but not limited to PCBs. The
training program must emphasize familiarity with containers typically used for
regulated hazardous wastes and with labels for regulated hazardous wastes,
under RCRA, and for hazardous materials under the Hazardous Materials
Transportation Act ( 49 USC 1801 et seq.).
d) Handling Regulated Hazardous Wastes
1) If any regulated hazardous wastes are
identified by random load checking, or are otherwise discovered to be
improperly deposited at the facility, the facility must promptly notify the
Agency, the person responsible for shipping the wastes to the landfill, and the
generator of the wastes, if known. Waste loads identical to the regulated
hazardous waste identified through the random load checking which have not yet
been deposited in the landfill must not be accepted. The area where the wastes
are deposited must immediately be cordoned off from public access. The solid
waste management facility must assure the cleanup, transportation and disposal
of the waste at a permitted hazardous waste management facility.
2) The party responsible for transporting the
waste to the solid waste management facility must be responsible for the costs
of proper cleanup, transportation and disposal.
3) Subsequent shipments by persons or sources
found or suspected to be previously responsible for shipping regulated
hazardous waste must be subject to the following special precautionary measures
prior to the solid waste management facility accepting wastes. The operator
must use precautionary measures such as questioning the driver concerning the
waste contents prior to discharge and visual inspection during the discharge of
the load at the working face or elsewhere.
BOARD NOTE: Subsections (a) through (c) are derived from
40 CFR
258.20 (2017).
