Section 727.100  General

a)         Purpose, Scope, and Applicability

1)         The purpose of this Part is to establish minimum national standards that define the acceptable management of hazardous waste under a RCRA standardized permit, as such is defined in 35 Ill. Adm. Code 702.110 and 720.110, issued pursuant to Subpart J of 35 Ill. Adm. Code 703.

2)         This Part applies to owners and operators of facilities that treat or store hazardous waste under a RCRA standardized permit issued pursuant to Subpart J of 35 Ill. Adm. Code 703, except as provided otherwise in Subpart A of 35 Ill. Adm. Code 721 or 35 Ill. Adm. Code 724.101(f) and (g).

BOARD NOTE:  Subsection (a) is derived from 40 CFR 267.1 (2017).  The exemptions of subsection (a)(2) are directly derived from corresponding 40 CFR 267.1(b).  The Board assumes that USEPA exempted from the RCRA standardized permit requirements those wastes excluded from the definition of hazardous waste (in Subpart A of 35 Ill. Adm. Code 721) and those exempted from the T/S/D facility standards (by 35 Ill. Adm. Code 724.101(g)).  The Board has retained the reference to 35 Ill. Adm. Code 724.101(f), even though it does no more than reference corresponding 40 CFR 264.1(f), which relates exclusively to the applicability of the federal regulations.

b)         Relationship to Interim Status Standards.  A facility owner or operator that has fully complied with the requirements for interim status, as defined in section 3005(e) of federal RCRA and regulations pursuant to 35 Ill. Adm. Code 703.153, must comply with the regulations specified in 35 Ill. Adm. Code 725 instead of the regulations in this Part, until final administrative disposition of the RCRA standardized permit application is made, except as provided in Subpart S of 35 Ill. Adm. Code 724.

BOARD NOTE:  Subsection (b) is derived from 40 CFR 267.2 (2017).

c)         Effect on a Federal Imminent Hazard Action.  Notwithstanding any other provisions of this Part, enforcement actions may be brought in a federal court pursuant to section 7003 of RCRA.

BOARD NOTE:  Subsection (c) is derived from 40 CFR 267.3 (2017).  The corresponding federal regulation relates to an imminent hazard action under RCRA.  An enforcement action for violation of any applicable provision of the Act is also possible.

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

BOARD NOTE:  Subsection (d) is derived from 40 CFR 3, 271.10(b), 271.11(b), and 271.12(h) (2017).

(Source:  Amended at 42 Ill. Reg. 24055, effective November 19, 2018)