Ill. Admin. Code tit. 35, § 722.110 - Purpose, Scope, and Applicability
a) This Part establishes standards for
generators of hazardous waste, as defined by 35 Ill. Adm. Code
720.110.
1) A person who generates a hazardous waste,
as defined by 35 Ill. Adm. Code 721, is subject to all the applicable
independent requirements in the following provisions:
A) Independent Requirements of a VSQG
i) Section
722.111(a) through
(d) (hazardous waste determination and
recordkeeping); and
ii) Section
722.113
(generator category determination).
B) Independent Requirements of a SQG
i) Section
722.111
(hazardous waste determination and recordkeeping);
ii) Section
722.113
(generator category determination);
iii) Section
722.118
(USEPA identification numbers and re-notification for SQGs and LQGs);
iv) Subpart B (manifest requirements
applicable to SQGs and LQGs);
v)
Subpart C (pre-transport requirements applicable to SQGs and LQGs);
vi) Section
722.140(recordkeeping);
vii) Section
722.144
(recordkeeping for SQGs); and
viii)
Subpart H (transboundary movements of hazardous waste for recovery or
disposal).
C) Independent
Requirements of a LQG
i) Section
722.111
(hazardous waste determination and recordkeeping);
ii) Section
722.113
(generator category determination);
iii) Section
722.118
(USEPA identification numbers and re-notification for SQGs and LQGs);
iv) Subpart B (manifest requirements
applicable to SQGs and LQGs);
v)
Subpart C (pre-transport requirements applicable to SQGs and LQGs;
vi) Subpart D (recordkeeping and reporting
applicable to SQGs and LQGs, except Section 722.144); and
vii) Subpart H (transboundary movements of
hazardous waste for recovery or disposal).
2) A generator that accumulates hazardous
waste on site is a person that stores hazardous waste; this generator is
subject to the applicable requirements of 35 Ill. Adm. Code 702, 703, and 724
through 727 and section 3010 of RCRA (
42 USC 6930),
unless the generator is one of the following:
A) A VSQG that meets the conditions for
exemption in Section
722.114;
3) A generator must not transport,
offer its hazardous waste for transport, or otherwise cause its hazardous waste
to be sent to a facility that is not a designated facility, as defined in 35
Ill. Adm. Code 720.110, or which is not otherwise authorized to receive the
generator's hazardous waste.
b) Determining Generator Category. A
generator must use Section
722.113
to determine which provisions of this Part are applicable to the generator
based on the quantity of hazardous waste generated per calendar
month.
c) This subsection (c)
corresponds with
40 CFR
262.10(c), which USEPA
removed and marked "reserved". This statement maintains structural consistency
with the federal provision.
d) Any
person that exports or imports hazardous waste must comply with Section
722.118
and Subpart H.
e) Any person that
imports hazardous waste into the United States must comply with the generator
standards of this Part.
f) A farmer
that generates waste pesticides that are hazardous waste and that complies with
Section
722.170 is not required
to comply with other standards in this Part or 35 Ill. Adm. Code 702, 703, 724,
725, 727, or 728 with respect to such pesticides.
g) Generator Violation and Noncompliance
1) A generator's violation of an independent
requirement is subject to enforcement action under Title VIII of the Act,
including Board orders, and the penalties provided by Title XII of the
Act.
2) A generator's noncompliance
with a condition for exemption in this Part is not subject to enforcement
action under Title VIII of the Act, including Board orders, and the penalties
provided by Title XII of the Act as a violation of a condition for exemption
provided in this Part. Noncompliance by any generator with an applicable
condition for exemption from storage permit and operations requirements means
that the facility is a storage facility operating without an exemption from the
permit, interim status, and operations requirements in 35 Ill. Adm. Code 702,
703, and 724 through 727, and the notification requirements of section 3010 of
RCRA (
42 USC 6930).
Without an exemption, any violations of such storage requirements are subject
to enforcement action under Title VIII of the Act, including Board orders, and
the penalties provided by Title XII of the Act.
h) An owner or operator that initiates a
shipment of hazardous waste from a treatment, storage, or disposal facility
must comply with the generator standards established in this Part.
i) A person responding to an explosives or
munitions emergency in accordance with 35 Ill. Adm. Code
724.101(g)(8)(A)(iv)
or (g)(8)(D) or 35 Ill. Adm. Code
725.101(c)(11)(A)(iv)
or (c)(11)(D) and 35 Ill. Adm. Code
703.121(a)(4) or
(c) is not required to comply with the
standards of this Part.
j) This
subsection (j) corresponds with
40 CFR
262.10(j), which USEPA
removed and marked "reserved". This statement maintains structural consistency
with USEPA rules.
k) This
subsection (k) corresponds with
40 CFR
262.10(k), a provision that
relates only to facilities in the Commonwealth of Massachusetts. This statement
maintains structural consistency with USEPA rules.
l) The laboratories owned by an eligible
academic entity that chooses to be subject to the requirements of Subpart K are
not subject to the requirements set forth in subsections (l)(1) and (l)(2),
except as specifically otherwise provided in Subpart K. For purposes of this
subsection (l), the terms "laboratory" and "eligible academic entity" must have
the meanings given them in Section
722.300.
1) The independent requirements of Section
722.111
or the regulations in Section
722.115
for an LQG or an SQG, except as provided in Subpart K; and
2) The conditions of Section 722.114, for a
VSQG, except as provided in Subpart K.
m) A reverse distributor (as defined in 35
Ill. Adm. Code 726.600 ) is subject to Subpart P of 35 Ill. Adm. Code 726 for
the management of hazardous waste pharmaceuticals in lieu of this
Part.
n) A healthcare facility (as
defined in 35 Ill. Adm. Code 726.600) must determine whether it is subject to
Subpart P of 35 Ill. Adm. Code 726 for the management of hazardous waste
pharmaceuticals, based on the total hazardous waste it generates per calendar
month (including both hazardous waste pharmaceuticals and non-pharmaceutical
hazardous waste). A healthcare facility that generates more than a threshold
quantity of hazardous waste subject to Subpart P of 35 Ill. Adm. Code 726 for
the management of hazardous waste pharmaceuticals in lieu of this Part. A
threshold quantity of hazardous waste is 100 kg (220 pounds) of hazardous waste
in a calendar month; more than 1 kg (2.2 pounds) of acute hazardous waste in a
calendar month; or more than 100 kg (220 pounds) in a calendar month of any
residue or contaminated soil, water, or other debris resulting from the
clean-up of a spill of any acute hazardous wastes listed in 35 Ill. Adm. Code
721.131
or
721.133(e)
into or on any land or water. A healthcare facility that is a VSQG when
counting all of its hazardous waste, including both its hazardous waste
pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to
Section
722.114
and is not subject to Subpart P of 35 Ill. Adm. Code 726, except that the
healthcare facility remains subject to 35 Ill. Adm. Code 726.605 and 726.607
and the optional provisions of 35 Ill. Adm. Code 726.604.
Notes
Amended at 35 Ill. Reg. 17888, effective October 14, 2011
BOARD NOTE: A generator that treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in 35 Ill. Adm. Code 702, 703, 724 through 728, 733, and 739.
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