Illinois Administrative Code

Section 728.105 Procedures for Case-by-Case Extensions to an Effective Date Any person may apply to USEPA for an extension of an effective date pursuant to 40 CFR 268.5. Any extension that is granted by USEPA will be deemed an extension of the effective date of the derivative Boa…

Section 728.106 Petitions to Allow Land Disposal of a Waste Prohibited Pursuant to Subpart C a) Any person seeking an exemption from a prohibition pursuant to Subpart C for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the Bo…

Section 728.107 Testing, Tracking, and Recordkeeping Requirements for Generators, Reverse Distributors, Treaters, and Disposal Facilities a) Requirements for Generators and Reverse Distributors 1) A generator of a hazardous waste must determine if the waste has to be treated befo…

Section 728.108 Landfill and Surface Impoundment Disposal Restrictions (Repealed) (Source: Repealed at 15 Ill. Reg. 11937, effective August 12, 1991)

Section 728.109 Special Rules for Characteristic Wastes a) The initial generator of a solid waste must determine each USEPA hazardous waste number applicable to the waste in order to determine the applicable treatment standards under Subpart D. This determination may be made conc…

Section 728.110 First Third (Repealed) (Source: Repealed at 22 Ill. Reg. 783, effective December 16, 1997)

Section 728.111 Second Third (Repealed) (Source: Repealed at 22 Ill. Reg. 783, effective December 16, 1997)

Section 728.112 Third Third (Repealed) (Source: Repealed at 22 Ill. Reg. 783, effective December 16, 1997)

Section 728.113 Newly Listed Wastes In corresponding 40 CFR 268.13, USEPA stated that it would make a land disposal prohibition determination for any hazardous waste identified or listed after November 8, 1984 within six months after the date of identification or listing. This st…

Section 728.114 Surface Impoundment Exemptions a) This Section defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment. b) Wastes that are newly identified or listed by USEPA persuant to Section 3001 of RCRA (4…

Section 728.120 Waste-Specific Prohibitions: Dyes and Pigments Production Wastes a) The waste specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste number K181, soil and debris contaminated with this waste, radioactive wastes mixed with this waste, and soil and debris c…

Section 728.130 Waste-Specific Prohibitions: Wood Preserving Wastes a) The following wastes are prohibited from land disposal: the wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste numbers F032, F034, and F035. b) The following wastes are prohibited from land dis…

Section 728.131 Waste-Specific Prohibitions: Dioxin-Containing Wastes a) The dioxin-containing wastes specified in 35 Ill. Adm. Code 721.131 as USEPA Hazardous Waste Numbers F020, F021, F022, F023, F026, F027, and F028 are prohibited from land disposal, unless the following condi…

Section 728.132 Waste-Specific Prohibitions: Soils Exhibiting the Toxicity Characteristic for Metals and Containing PCBs a) The following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals …

Section 728.133 Waste-Specific Prohibitions: Chlorinated Aliphatic Wastes a) The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and deb…

Section 728.134 Waste-Specific Prohibitions: Toxicity Characteristic Metal Wastes a) The following wastes are prohibited from land disposal: the wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous waste numbers D004 through D011 that are newly identified (i.e., wastes, s…

Section 728.135 Waste-Specific Prohibitions: Petroleum Refining Wastes a) The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous wastes numbers K169, K170, K171, and K172; soils and debris contaminated with these wastes; radioactive wastes mixed with these hazardous…

Section 728.136 Waste-Specific Prohibitions: Inorganic Chemical Wastes a) The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous wastes numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil…

Section 728.137 Waste-Specific Prohibitions: Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated a) The wastes specified in 35 Ill. Adm. Code 721.121 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in 35 Ill. Adm.…

Section 728.138 Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production Wastes a) The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste numbers K141, K142, K143, K144, …

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,…

Section 728.140 Applicability of Treatment Standards a) A prohibited waste identified in Table T, "Treatment Standards for Hazardous Wastes", may be land disposed only if it meets the requirements found in that Table. For each waste, Table T identifies one of three types of treat…

Section 728.141 Treatment Standards Expressed as Concentrations in Waste Extract For the requirements previously found in this Section and for treatment standards in Table A, "Table CCWE-Constituent Concentrations in Waste Extracts", refer to Section 728.140 and Table T, "Treatme…

Section 728.142 Treatment Standards Expressed as Specified Technologies a) The following wastes listed in Table T, "Treatment Standards for Hazardous Wastes", for which standards are expressed as a treatment method rather than as a concentration level, must be treated using the t…

Section 728.143 Treatment Standards Expressed as Waste Concentrations For the requirements previously found in this Section and for treatment standards in Table A, "CCW-Constituent Concentrations in Wastes", refer to Section 728.140 and Table T, "Treatment Standards for Hazardous…

Section 728.144 USEPA Variance from a Treatment Standard a) Based on a petition filed by a generator or treater of hazardous waste, USEPA has stated that it may approve a variance from an applicable treatment standard if the petitioner can demonstrate that either of the following…

Section 728.145 Treatment Standards for Hazardous Debris a) Treatment Standards. Hazardous debris must be treated prior to land disposal as follows, unless the Agency has determined, under 35 Ill. Adm. Code 721.103(f)(2), that the debris is no longer contaminated with hazardous w…

Section 728.146 Alternative Treatment Standards Based on HTMR For the treatment standards previously found in Table G, as formerly referenced in this Section, refer to Section 728.140 and Table T, "Treatment Standards for Hazardous Wastes". (Source: Amended at 42 Ill. Reg. 24924,…

Section 728.148 Universal Treatment Standards Table U, "Universal Treatment Standards (UTS)", identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical li…

Section 728.149 Alternative LDR Treatment Standards for Contaminated Soil a) Applicability. An owner or operator must comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste or which exhibited a characteristic of hazardous waste at the time it was…

Section 728.150 Prohibitions on Storage of Restricted Wastes a) Except as provided in this Section, the storage of hazardous wastes restricted from land disposal under Subpart C is prohibited, unless the following conditions are met: 1) A generator stores such wastes in tanks, co…

Section 728.APPENDIX G Federal Effective Dates The following are the effective dates for the USEPA rules in 40 CFR 268. These generally became effective as Illinois rules at a later date. TABLE 1 EFFECTIVE DATES OF SURFACE DISPOSED WASTES (NON-SOIL AND DEBRIS) REGULATED IN THE LD…

Section 728.TABLE T Treatment Standards for Hazardous Wastes Note: The treatment standards that formerly appeared in tables in Sections 728.141, 728.142, and 728.143 have been consolidated into this table. USEPA Hazardous Waste Number Waste Description and Treatment or Regulatory…

Section 729.100 Purpose, Scope and Applicability a) The purpose of this Part is to prohibit the disposal of certain hazardous wastes in landfills. "Hazardous waste" is as defined in 35 Ill. Adm. Code 721. 35 Ill. Adm. Code 709 requires wastestream authorizations for certain waste…

Section 729.101 Severability If any provision of this Part is adjudged invalid, or if the application to any person or in any circumstance is adjudged invalid, such invalidity shall not affect the validity of this Part as a whole, or of any Subpart, Section, paragraph, sentence o…

Section 729.200 Purpose, Scope and Applicability a) This Subpart prohibits the landfilling of wastes containing halogenated compounds. Rules are included to differentiate these from other wastes. b) Halogenated compounds are a class of organic solvents. As a class halogenated com…

Section 729.201 No Circumvention a) No person shall cause or allow the mixing or dilution of wastes containing halogenated compounds in order to evade the landfilling prohibitions of this Subpart. b) For purposes of determining quantity exemptions, any waste which is transferred …

Section 729.202 Incorporations by Reference a) The following materials are incorporated by reference: American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103: 1) ASTM D2361-66 (Reapproved 1978) 2) ASTM E442-74 (Reapproved 1981) b) This Part incorporat…

Section 729.203 Waste Analysis Plan The owner or operator of a landfill disposing of hazardous waste must, within thirty days after the effective date of this section, develop and follow a written waste analysis plan which describes the procedures which the owner or operator will…

Section 729.204 Land Treatment Demonstration This Subpart shall not bar the issuance of a RCRA permit pursuant to Section 21(f) of the Act and 35 Ill. Adm. Code 703 for land treatment of hazardous waste if the owner or operator demonstrates, pursuant to 35 Ill. Adm. Code 703.206,…

Section 729.205 Effect on Wastestream Authorizations and Supplemental Permits (Repealed) (Source: Repealed at 9 Ill. Reg. 718, effective January 3, 1985)

Section 729.220 Definitions As used in this Subpart, terms have the following meanings: Aqueous phase: A "phase" in which water is the solvent, constituting more than 500 g/kg. Component: An element or compound present in a "phase" or "system". Emulsion: A "system", including two…

Section 729.221 Halogenated Compound – Definition As used in this Subpart, the term "halogenated compound" shall mean any of the following chemicals: B010 benzene, chloro- B020 benzene, 1,2-dichloro- B090 carbon tetrachloride B030 chlorinated fluorocarbons B040 ethane, 1,1,1-tric…

Section 729.222 Halogenated Solvent – Definition An "halogenated solvent" is a non-aqueous liquid phase containing more than 14,000 mg of halogenated compounds in any 1 kg.

Section 729.223 Halogen Content Presumption A non-aqueous liquid phase containing 10,000 mg/kg, or more, total organic halogen, as measured by the TOX test, is assumed to be an halogenated solvent unless it is shown, by a more definitive test whose validity is demonstrated to the…

Section 729.224 Partition Presumption It is assumed that, in a multi-phase system, the concentration of halogenated compounds and the total organic halogen concentration in any non-aqueous phase exceeds the concentration of halogenated compounds and the total organic halogen conc…

Section 729.240 Non-aqueous Liquid Phases which are Halogenated Solvents No person shall cause or allow any hazardous waste containing a non-aqueous liquid phase which is an halogenated solvent to be placed in any landfill.