Illinois Administrative Code

Section 733.136 Employee Training A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies. (Source:…

Section 733.137 Response to Releases a) A large quantity handler of universal waste must immediately contain all releases of universal waste and other residues from universal waste. b) A large quantity handler of universal waste must determine whether any material resulting from …

Section 733.138 Off-Site Shipments a) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination. b) If a large quantity handler of univer…

Section 733.139 Tracking Universal Waste Shipments a) Receipt of Shipments. A large quantity handler of universal waste must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movem…

Section 733.140 Exports A large quantity handler of universal waste that sends universal waste to a foreign destination is subject to the requirements of Subpart H of 35 Ill. Adm. Code 722. (Source: Amended at 42 Ill. Reg. 25200, effective November 19, 2018) SUBPART D: STANDARDS …

Section 733.150 Applicability This Subpart D applies to universal waste transporters (as defined in Section 733.109). (Source: Amended at 31 Ill. Reg. 1352, effective December 20, 2006)

Section 733.151 Prohibitions a) A universal waste transporter is prohibited from the following: 1) Disposing of universal waste; and 2) Diluting or treating universal waste, except by responding to releases as provided in Section 733.154 or as provided in subsection (b). b) Trans…

Section 733.152 Waste Management a) A universal waste transporter must comply with all applicable USDOT regulations in 49 CFR 171 (General Information, Regulations, and Definitions), 172 (Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency…

Section 733.153 Accumulation Time Limits a) A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less. b) If a universal waste transporter stores universal waste for more than ten days, the transporter becomes a u…

Section 733.154 Response to Releases a) A universal waste transporter must immediately contain all releases of universal waste and other residues from universal wastes. b) A universal waste transporter must determine whether any material resulting from the release is hazardous wa…

Section 733.155 Off-site Shipments a) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination. b) If the universal waste being shipped off-site meets USDOT'…

Section 733.156 Exports A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of Subpart H of 35 Ill. Adm. Code 722. (Source: Amended at 42 Ill. Reg. 25200, effective November 19, 2018) SUBPART E: STANDARD…

Section 733.160 Applicability a) The owner or operator of a destination facility (as defined in Section 733.109) is subject to all applicable requirements of 35 Ill. Adm. Code 702 through 705, 724 through 726, and 728, and the notification requirement under section 3010 of RCRA (…

Section 733.161 Off-Site Shipments a) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility, or a foreign destination. b) The owner or operator of a destin…

Section 733.162 Tracking Universal Waste Shipments a) The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document, or o…

Section 733.170 Imports Persons managing universal waste that is imported from a foreign country into the United States are subject to the requirements of Subpart H of 35 Ill. Adm. Code 722 and the applicable requirements of this Part immediately after the waste enters the United…

Section 733.180 General a) Except as provided in subsection (d), any person seeking to add a hazardous waste or a category of hazardous waste to this Part may petition for a regulatory amendment as follows: 1) If USEPA has already added the waste or category of waste to federal 4…

Section 733.181 Factors for Petitions to Include Other Wastes a) Hazardous Waste Listing or Characteristics. The waste or category of waste, as generated by a wide variety of generators, is listed in Subpart D of 35 Ill. Adm. Code 721, or (if not listed) a proportion of the waste…

Section 734.100 Applicability a) This Part applies to owners or operators of any underground storage tank system used to contain petroleum and for which a release is reported to Illinois Emergency Management Agency (IEMA) in accordance with the Office of State Fire Marshal (OSFM)…

Section 734.105 Election to Proceed under Part 734 a) Except as provided in Section 734.100(c) of this Part, owners or operators of underground storage tanks used exclusively to store heating oil for consumptive use on the premises where stored and that serve other than a farm or…

Section 734.110 Severability If any provision of this Part or its application to any person or under any circumstances is adjudged invalid, such adjudication must not affect the validity of this Part as a whole or of any portion not adjudged invalid.

Section 734.115 Definitions Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this Part must be the same as those applied to the same words or terms in the Environmental Protection Act…

Section 734.120 Incorporations by Reference a) The Board incorporates the following material by reference: ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 (610) 832-9585 ASTM D2487-10, Standard Practice for …

Section 734.125 Agency Authority to Initiate Investigative, Preventive, or Corrective Action a) The Agency has the authority to do either of the following: 1) Provide notice to the owner or operator, or both, of an underground storage tank whenever there is a release or substanti…

Section 734.130 Licensed Professional Engineer or Licensed Professional Geologist Supervision All investigations, plans, budgets, and reports conducted or prepared under this Part, excluding Corrective Action Completion Reports submitted pursuant to Section 734.345 of this Part, …

Section 734.135 Form and Delivery of Plans, Budgets, and Reports; Signatures and Certifications a) All plans, budgets, and reports must be submitted to the Agency on forms prescribed and provided by the Agency and, if specified by the Agency in writing, in an electronic format. b…

Section 734.140 Development of Remediation Objectives The owner or operator must propose remediation objectives for the applicable indicator contaminants in accordance with 35 Ill. Adm. Code 742. BOARD NOTE: Several provisions of this Part require the owner or operator to determi…

Section 734.145 Notification to the Agency of Field Activities The Agency may require owners and operators to notify the Agency of field activities prior to the date the field activities take place. The notice must include information prescribed by the Agency, and may include, bu…

Section 734.150 LUST Advisory Committee Once each calendar quarter the Agency must meet with a LUST Advisory Committee to discuss the Agency's implementation of this Part, provided that the Agency or members of the Committee raise one or more issues for discussion. The LUST Advis…

Section 734.200 General Owners and operators of underground storage tanks shall, in response to all confirmed releases of petroleum, comply with all applicable statutory and regulatory reporting and response requirements [415 ILCS 5/57.6(a)]. No work plan or corresponding budget …

Section 734.205 Agency Authority to Initiate Pursuant to Sections 734.100 or 734.125 of this Part, the Agency must have the authority to require or initiate early action activities in accordance with the remainder of this Subpart B.

Section 734.210 Early Action a) Upon confirmation of a release of petroleum from a UST system in accordance with regulations promulgated by the OSFM, the owner or operator, or both, must perform the following initial response actions: 1) Immediately report the release to IEMA (e.…

Section 734.215 Free Product Removal a) Under any circumstance in which conditions at a site indicate the presence of free product, owners or operators must remove, to the maximum extent practicable, free product exceeding one-eighth of an inch in depth as measured in a groundwat…

Section 734.220 Application for Payment of Early Action Costs Owners or operators intending to seek payment for early action activities, excluding free product removal activities conducted more than 45 days after confirmation of the presence of free product, are not required to s…

Section 734.300 General Unless the owner or operator submits a report pursuant to Section 734.210(h)(3) of this Part demonstrating that the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants have been met, the owner or …

Section 734.305 Agency Authority to Initiate Pursuant to Section 734.100 or 734.125 of this Part, the Agency has the authority to require or initiate site investigation and corrective action activities in accordance with the remainder of this Subpart C.

Section 734.310 Site Investigation – General The investigation of the release must proceed in three stages as set forth in this Part. If, after the completion of any stage, the extent of the soil and groundwater contamination exceeding the most stringent Tier 1 remediation object…

Section 734.315 Stage 1 Site Investigation The Stage 1 site investigation must be designed to gather initial information regarding the extent of on-site soil and groundwater contamination that, as a result of the release, exceeds the most stringent Tier 1 remediation objectives o…

Section 734.320 Stage 2 Site Investigation The Stage 2 site investigation must be designed to complete the identification of the extent of soil and groundwater contamination at the site that, as a result of the release, exceeds the most stringent Tier 1 remediation objectives of …

Section 734.325 Stage 3 Site Investigation The Stage 3 site investigation must be designed to identify the extent of off-site soil and groundwater contamination that, as a result of the release, exceeds the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for…

Section 734.330 Site Investigation Completion Report Within 30 days after completing the site investigation, the owner or operator shall submit to the Agency for approval a site investigation completion report [415 ILCS 5/57.7(a)(5)]. At a minimum, a site investigation completion…

Section 734.335 Corrective Action Plan a) If any of the applicable indicator contaminants exceed the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants, within 30 days after the Agency approves the site investigation co…

Section 734.340 Alternative Technologies a) An owner or operator may choose to use an alternative technology for corrective action in response to a release. Corrective action plans proposing the use of alternative technologies must be submitted to the Agency in accordance with Se…

Section 734.345 Corrective Action Completion Report a) Within 30 days after the completion of a corrective action plan that achieves applicable remediation objectives the owner or operator shall submit to the Agency for approval a corrective action completion report. The report s…

Section 734.350 Off-site Access a) An owner or operator seeking to comply with the best efforts requirements of Section 734.345(b) of this Part must demonstrate compliance with the requirements of this Section. b) In conducting best efforts to obtain off-site access, an owner or …

Section 734.355 Status Report a) If within 4 years after the approval of any corrective action plan the applicable remediation objectives have not been achieved and the owner or operator has not submitted a corrective action completion report, the owner or operator shall submit a…

Section 734.360 Application of Certain TACO Provisions For purposes of payment from the Fund, corrective action activities required to meet the minimum requirements of this Part shall include, but not be limited to, the following use of the Board's Tiered Approach to Corrective A…