AUTHORITY: Implementing and authorized by Section 22.2(c) of the Environmental Protection Act [415 ILCS 5/22.2(c)].
SOURCE: Emergency rules adopted at 8 Ill. Reg. 6956, effective May 4, 1984, for a maximum of 150 days; adopted at 8 Ill. Reg. 19015, effective September 26, 1984; amended at 12 Ill. Reg. 6094, effective March 22, 1988; amended at 13 Ill. Reg. 13206, effective August 7, 1989; amended at 26 Ill. Reg. 8137, effective May 15, 2002.
SUBPART A: GENERAL PROVISIONS
Section 855.101 Applicability
a) The regulations of this Part apply to owners and operators of:
1) Hazardous waste disposal sites, including underground injection wells, located off the site where the waste is generated;
2) Hazardous waste disposal sites, including underground injection wells, located on the site where the waste is generated; and
3) Hazardous waste treatment sites which are located off the site where the waste is produced and are owned, controlled and operated by a person other than the generator of the waste.
b) Fees are imposed upon the quantity of hazardous waste received at treatment sites and off-site disposal sites (not including underground injection wells), measured in either gallons or cubic yards; upon the quantity of hazardous waste disposed at on-site disposal sites (not including underground injection wells), measured in either gallons or cubic yards; and upon the quantity of hazardous waste injected into underground injection wells, measured in gallons per year.
Section 855.102 Definitions
The following definitions shall apply to this Part:
"Agency": The Environmental Protection Agency established by the Environmental Protection Act (Ill. Rev. Stat. 1983, ch. 111½, pars. 1001 et seq.).
"Disposal": The discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or hazardous waste into or on any land or water or into any well so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
"Garbage": Waste resulting from the handling, processing, preparation, cooking, and consumption of food, and wastes from the handling, processing, storage, and sale of produce.
"Generator Number": The number assigned by the Division of Land Pollution Control of the Agency to a generator of special waste.
"Hazardous Hospital Waste": Waste generated in connection with patient care that is contaminated with or may be contaminated with an infectious agent that has the potential of inducing an infection and has not been rendered innocuous by sterilization or incineration.
"Industrial Process Waste": Any liquid, solid, semi-solid, or gaseous waste generated as a direct or indirect result of the manufacture of a product or the performance of a service. Any such waste which would pose a present or potential threat to human health or the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means is an industrial process waste. "Industrial process waste" includes, but is not limited to spent pickling liquors, cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment cleanings, paint sludges, incinerator ashes, core sands, metallic dust sweeping, asbestos dust, hospital pathological wastes and off-specification, contaminated or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, general household waste, landscape waste and construction or demolition debris.
"Manifest": The form provided or prescribed by the Agency and used for identifying the name and quantity, and the origin, routing, and destination of special waste during its transportation from the point of generation to the point of disposal, treatment, or storage, as required by 35 Ill. Adm. Code 809, and by 35 Ill. Adm. Code 722.120 to 722.123.
"Municipal Waste": Garbage, general household and commercial waste, landscape waste and contruction or demolition debris.
"Off-Site Hazardous Waste Disposal Site": A hazardous waste disposal site located off the site where such waste is produced.
"Off-Site Hazardous Waste Treatment Site": A hazardous waste treatment site which is located off the site where such waste is produced and is owned, controlled and operated by a person other than the generator of the waste.
"On-Site Hazardous Waste Disposal Site": A hazardous waste disposal site located on the site where such waste is produced.
"Pollution Control Waste": Any liquid, solid, semi-solid or gaseous waste generated as a direct or indirect result of the removal of contaminants from the air, water or land, and which pose a present or potential threat to human health or to the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means. "Pollution control waste" includes but is not limited to water and wastewater treatment plant sludges, baghouse dusts, scrubber sludges and chemical spill cleanings.
"Recycling, Reclamation or Reuse": A method, technique, or process designed to remove any contaminant from waste so as to render such waste reusable.
"Site": Any location, place, tract of land, and facilities, including but not limited to buildings, and improvements used for purposes subject to regulation or control by the Environmental Protection Act (Ill. Rev. Stat. 1983, ch. 111½, pars. 1001 et eq.) or regulations thereunder.
"Site Number": The number assigned by the Division of Land Pollution Control of the Agency to a waste management site.
"Special Waste": Any industrial process waste, pollution control waste or hazardous waste.
"Treatment": Any method, technique or process, including neutralizaton, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous, but shall not include recycling, reclamation or reuse.
"Underground Injection": The subsurface emplacement of fluids by well injection.
"Vehicle Number": The number assigned by the Division of Land Pollution Control of the Agency to a vehicle which hauls special waste under a special waste hauling permit issued pursuant to 35 Ill. Adm. Code 809.
"Waste": Any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or a solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Clean Water Act or source, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C.A. 2011 et seq.) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. 1201 et seq.) or the rules and regulations thereunder or any law or rule or regulation adopted by the state of Illinois pursuant thereto.
"Well": A bored, drilled or driven shaft, or dug hole, the depth of which is greater than the largest surface dimension.