Section 728.139  Waste-Specific Prohibitions:  Spent Aluminum Potliners and Carbamate Wastes

a)         The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste numbers K156-K159 and K161; and in 35 Ill. Adm. Code 721.133 as USEPA hazardous waste numbers P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through U411 are prohibited from land disposal.  In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

b)         The wastes identified in 35 Ill. Adm. Code 721.123 as USEPA hazardous waste number D003 are prohibited from land disposal, other than those that are managed in a system whose discharge is regulated under 35 Ill. Adm. Code: Subtitle C, one that injects hazardous waste in Class I waste injection well regulated under 35 Ill. Adm. Code 702, 704, and 730, or one that is a zero discharger that engages in federal Clean Water Act (CWA)-equivalent treatment before ultimate land disposal.  This prohibition does not apply to unexploded ordnance and other explosive devices that have been the subject of an emergency response.  (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see Section 728.140)).

c)         The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste number K088 are prohibited from land disposal.  In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

d)         Radioactive wastes mixed with waste designated by any of USEPA hazardous waste numbers K088, K156 through K159, K161, P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through U411 are prohibited from land disposal.  In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

e)         This subsection corresponds with 40 CFR 268.39(e), which expired by its own terms after April 8, 1998.  This statement maintains structural consistency with the corresponding federal regulations.

f)         The requirements of subsections (a), (b), (c), and (d) do not apply if any of the following applies to the waste:

1)         The wastes meet the applicable treatment standards specified in Subpart D;

2)         The person conducting the disposal has been granted an exemption from a prohibition under a petition pursuant to Section 728.106, with respect to those wastes and units covered by the petition;

3)         The wastes meet the applicable alternative treatment standards established pursuant to a petition granted under Section 728.144; or

4)         The person conducting the disposal has been granted an extension to the effective date of a prohibition pursuant to Section 728.105, with respect to those wastes covered by the extension.

g)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards set forth in Section 728.140, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or in the waste, or the generator may use knowledge of the waste.  If a waste contains constituents in excess of the applicable levels of Subpart D, the waste is prohibited from land disposal and all requirements of this Part are applicable to the waste, except as otherwise specified.

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)