Ill. Admin. Code tit. 35, § 724.655 - Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills
a) The Agency must
approve placement of CAMU-eligible wastes in hazardous waste landfills not
located at the site from which the waste originated, without the wastes meeting
the requirements of 35 Ill. Adm. Code 728, if it determines that the following
conditions are met:
1) The waste meets the
definition of CAMU-eligible waste in Section
724.652(a)(1)
and (a)(2).
2) The Agency identifies principal hazardous
constituents in such waste, in accordance with Section
724.652(e)(4)(A)
and (e)(4)(B), and requires that such
principal hazardous constituents are treated to any of the following standards
specified for CAMU-eligible wastes:
A) The
treatment standards under Section
724.652(e)(4)(D);
or
B) Treatment standards adjusted
in accordance with Section
724.652(e)(4)(E)(i),
(e)(4)(E)(iii), (e)(4)(E)(iv), or
(e)(4)(F)(i); or
C) Treatment
standards adjusted in accordance with Section
724.652(e)(4)(I)(ii),
where treatment has been used and that treatment significantly reduces the
toxicity or mobility of the principal hazardous constituents in the waste,
minimizing the short-term and long-term threat posed by the waste, including
the threat at the remediation site.
3) The landfill receiving the CAMU-eligible
waste must have a RCRA hazardous waste permit, meet the requirements for new
landfills in Subpart N, and be authorized to accept CAMU-eligible wastes; for
the purposes of this requirement, "permit" does not include interim
status.
b) The person
seeking approval must provide sufficient information to enable the Agency to
approve placement of CAMU-eligible waste in accordance with subsection (a).
Information required by Section
724.652(d)(1)
through (d)(3) for CAMU applications must be
provided, unless not reasonably available.
c) The Agency must provide public notice and
a reasonable opportunity for public comment before approving CAMU eligible
waste for placement in an off-site permitted hazardous waste landfill,
consistent with the requirements for CAMU approval at Section
724.652(h).
The approval must be specific to a single remediation.
d) Applicable hazardous waste management
requirements in this Part, including recordkeeping requirements to demonstrate
compliance with treatment standards approved under this Section, for
CAMU-eligible waste must be incorporated into the receiving facility permit
through permit issuance or a permit modification, providing notice and an
opportunity for comment and a hearing. Notwithstanding 35 Ill. Adm. Code
702.181(a),
a landfill may not receive hazardous CAMU-eligible waste under this Section
unless its permit specifically authorizes receipt of such waste.
e) For each remediation, CAMU-eligible waste
may not be placed in an off-site landfill authorized to receive CAMU-eligible
waste in accordance with subsection (d) until the following additional
conditions have been met:
1) The landfill
owner or operator notifies the Agency and persons on the facility mailing list,
maintained in accordance with 35 Ill. Adm. Code
705.163(a),
of his or her intent to receive CAMU-eligible waste in accordance with this
Section; the notice must identify the source of the remediation waste, the
principal hazardous constituents in the waste, and treatment
requirements.
2) Persons on the
facility mailing list may provide comments, including objections to the receipt
of the CAMU-eligible waste, to the Agency within 15 days after
notification.
3) The Agency must
object to the placement of the CAMU-eligible waste in the landfill within 30
days of notification; the Agency must extend the review period an additional 30
days if it determines that the extension is necessary because of public
concerns or insufficient information.
4) CAMU-eligible wastes may not be placed in
the landfill until the Agency has notified the facility owner or operator that
it does not object to its placement.
5) If the Agency objects to the placement or
does not notify the facility owner or operator that it has chosen not to
object, the facility may not receive the waste, notwithstanding 35 Ill. Adm.
Code
702.181(a),
until the objection has been resolved, or the owner/operator obtains a permit
modification in accordance with the procedures of 35 Ill. Adm. Code
703.280
through
703.283
specifically authorizing receipt of the waste.
6) The Board will grant an adjusted standard
under Section 28.1 of the Act that modifies, reduces, or eliminates the
notification requirements of this subsection (e) as they apply to specific
categories of CAMU-eligible waste, if the owner or operator demonstrates that
this is possible based on miminal risk.
f) Generators of CAMU-eligible wastes sent
off-site to a hazardous waste landfill under this Section must comply with the
requirements of 35 Ill. Adm. Code
728.107(a)(4).
Off-site facilities treating CAMU-eligible wastes to comply with this Section
must comply with the requirements of 35 Ill. Adm. Code
728.107(b)(4),
except that the certification must be with respect to the treatment
requirements of subsection (a)(2).
g) For the purposes of this Section only, the
"design of the CAMU" in Section
724.652(e)(4)(E)(v)
means design of the permitted Subtitle C landfill.
Notes
Amended at 27 Ill. Reg. 3725, effective February 14, 2003
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