Section 1420.104  Prohibitions

No person shall:

a)         Cause or allow the disposal of any PIMW.  Sharps may be disposed of in any landfill permitted by the Agency under Section 21 of the Act to accept municipal waste for disposal, if both:

1)         The infectious potential has been eliminated from the sharps by treatment; and

2)         The sharps are packaged in accordance with 35 Ill. Adm. Code 1421.

b)         Cause or allow the delivery of any PIMW for transport, storage, treatment or transfer except in accordance with 35 Ill. Adm. Code 1421.Subpart C and Subpart E.

c)         Cause or allow the delivery of any PIMW to a person or facility for storage, treatment, or transfer that does not have a permit issued by the Agency to receive PIMW under Section 39 of the Act, unless no permit is required under Section 1420.105(c).

d)         Cause or allow the delivery or transfer of any PIMW for transport unless:

1)         The transporter has a permit issued by the Agency to transport PIMW, or the transporter is exempt from the permit requirement under Section 1420.105(b).

2)         A PIMW manifest is completed for the waste unless no manifest is required under Section 1420.105(e).

e)         Cause or allow the acceptance of any PIMW for purposes  of transport, storage, treatment, or transfer except in accordance with 35 Ill. Adm. Code 1421.Subpart C and 35 Ill. Adm. Code 1422.Subpart B.

f)         Conduct any PIMW transportation operation:

1)         Without a permit issued by the Agency to transport PIMW, unless no permit is required under Section 1420.105(b).

2)         In violation of any condition of any permit issued by the Agency under the Act.

3)         In violation of any regulation adopted by the Board.

4)         In violation of any order adopted by the Board under the Act.

g)         Conduct any PIMW treatment, storage, or transfer operation:

1)         Without a permit issued by the Agency that specifically authorizes the treatment, storage, or transfer of PIMW under Section 39 of the Act, unless no permit is required under Section 1420.105(c).

2)         In violation of any condition of any permit issued by the Agency under the Act.

3)         In violation of any regulations adopted by the Board.

4)         In violation of any order adopted by the Board under the Act.

h)         Transport PIMW unless the transporter carries a completed PIMW manifest, unless no manifest is required under Section 1420.105(e).

i)          Offer for transportation, transport, deliver, receive, or accept PIMW for which a manifest is required, unless the manifest indicates that the fee required under Section 56.4 of the Act has been paid.

j)          Conduct a PIMW treatment operation at an incinerator in existence on January 1, 1992 in violation of emission standards established for these incinerators under section 129 of the Clean Air Act (42 USC 7429), as amended. (Section 56.1 of the Act)

k)         Cause or allow the discharge of PIMW from a vehicle.

l)          Cause or allow the discharge of PIMW into a sanitary or combined sewer except in compliance with 35 Ill. Adm. Code Subtitle C.

            BOARD NOTE:  Interested persons should note that units of local government can regulate discharges to sewer systems.

m)        Cause or allow the discharge of inert or solid PIMW, or inert or solid materials resulting from PIMW treatment, into any sanitary sewerage system, combined sewerage system, or storm sewerage system directly or indirectly tributary to waters of the State.  This prohibition applies to absorbents, aluminum, or other metallic foils, ash, bone, bedding materials, cellulose, culture dishes, garments and other cloth materials, gauze, glass, pads, plastic, sharps, shavings, straw, and syringes.

(Source:  Amended at 43 Ill. Reg. 10044, effective August 30, 2019)