Section 720.110 Definitions

Section 720

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SECTION 720.110 DEFINITIONS

Section 720.110  Definitions

When used in 35 Ill. Adm. Code

720 through 728, 733, 738, and 739 only, the following terms have the meanings

given below:

"Aboveground

tank" means a device meeting the definition of tank that is situated so that

the entire surface area of the tank is completely above the plane of the

adjacent surrounding surface and the entire surface area of the tank (including

the tank bottom) can be visually inspected.

"Active

life" of a facility means the period from the initial receipt of hazardous

waste at the facility until the Agency receives certification of final closure.

"Active

portion" means that portion of a facility where treatment, storage, or

disposal operations are being or have been conducted after May 19, 1980, and that

is not a closed portion.  (See also "closed portion".)

"Acute hazardous waste" means

hazardous waste that meets the listing criteria in 35 Ill. Adm. Code

721.111(a)(2) and therefore is either listed in 35 Ill. Adm. Code 721.131 with

the assigned hazard code of (H) or is listed in 35 Ill. Adm. Code 721.133(e).

BOARD NOTE:  These are USEPA

hazardous waste numbers F020, F021, F022, F023, F026, and F027, and all USEPA

hazardous waste numbers having the prefix "P".

"Administrator"

means the Administrator of the United States Environmental Protection Agency or

the Administrator's designee.

"Aerosol

can" means a non-refillable receptacle containing a gas compressed,

liquefied, or dissolved under pressure, the sole purpose of which is to expel a

liquid, paste, or powder, and fitted with a self-closing release device

allowing the gas to eject the contents.

"Agency"

means the Illinois Environmental Protection Agency.

"Airbag

waste" means any hazardous waste airbag modules or hazardous waste airbag

inflators

efillable receptacle containing a gas compressed,

liquefied, or dissolved under pressure, the sole purpose of which is to expel a

liquid, paste, or powder, and fitted with a self-closing release device

allowing the gas to eject the contents.

"Agency"

means the Illinois Environmental Protection Agency.

"Airbag

waste" means any hazardous waste airbag modules or hazardous waste airbag

inflators.

"Airbag

waste collection facility" means any facility that receives airbag waste

from airbag handlers subject to regulation under 35 Ill. Adm. Code 721.104(j)

and that accumulates the waste for more than ten days.

"Airbag

waste handler" means any person, by site, that generates airbag waste that

is subject to regulation under 35 Ill. Adm. Code 721.104(j).

"Ancillary

equipment" means any devices, like piping, fittings, flanges, valves, and

pumps, that are used to distribute, meter, or control the flow of hazardous

waste from its point of generation to storage or treatment tanks, between

hazardous waste storage and treatment tanks to a point of disposal onsite, or

to a point of shipment for disposal off-site.

"Aquifer"

means a geologic formation, group of formations, or part of a formation capable

of yielding a significant amount of groundwater to wells or springs.

"Authorized

representative" means the person overall responsible for operating a

facility or an operational unit (i.e., part of a facility), e.g., the plant

manager, superintendent, or person of equivalent responsibility.

"Battery"

means a device that consists of one or more electrically connected

electrochemical cells that is designed to receive, store, and deliver electric

energy.  An electrochemical cell is a system consisting of an anode, cathode,

and an electrolyte, plus those connections (electrical and mechanical) that are

needed to allow the cell to deliver or receive electrical energy.  The term

battery also includes an intact, unbroken battery from which the electrolyte

has been removed

ical cells that is designed to receive, store, and deliver electric

energy.  An electrochemical cell is a system consisting of an anode, cathode,

and an electrolyte, plus those connections (electrical and mechanical) that are

needed to allow the cell to deliver or receive electrical energy.  The term

battery also includes an intact, unbroken battery from which the electrolyte

has been removed.

"Board"

means the Illinois Pollution Control Board.

"Boiler"

means an enclosed device using controlled flame combustion and having the

following characteristics:

Boiler by physical

characteristics:

The unit must

have physical provisions for recovering and exporting thermal energy in the

form of steam, heated fluids, or heated gases; and the unit's combustion

chamber and primary energy recovery sections must be of integral design.  To be

of integral design, the combustion chamber and the primary energy recovery

sections (like waterwalls and superheaters) must be physically formed into one

manufactured or assembled unit.  A unit in which the combustion chamber and the

primary energy recovery sections are joined only by ducts or connections

carrying flue gas is not integrally designed; however, secondary energy

recovery equipment (like economizers or air preheaters) need not be physically

formed into the same unit as the combustion chamber and the primary energy

recovery section.  The following units are not precluded from being boilers

solely because they are not of integral design:  process heaters (units that

transfer energy directly to a process stream) and fluidized bed combustion

units; and

While in

operation, the unit must maintain a thermal energy recovery efficiency of at

least 60 percent, calculated in terms of the recovered energy compared with the

thermal value of the fuel; and

The unit must

export and utilize at least 75 percent of the recovered energy, calculated on

an annual basis.  In this calculation, no credit may be given for recovered

heat used internally in the same unit

operation, the unit must maintain a thermal energy recovery efficiency of at

least 60 percent, calculated in terms of the recovered energy compared with the

thermal value of the fuel; and

The unit must

export and utilize at least 75 percent of the recovered energy, calculated on

an annual basis.  In this calculation, no credit may be given for recovered

heat used internally in the same unit.  (Examples of internal use are the

preheating of fuel or combustion air, and the driving of induced or forced

draft fans or feedwater pumps.); or

Boiler by

designation.  The unit is one that the Board has determined, on a case-by-case

basis, to be a boiler, after considering the standards in Section 720.132.

"Carbon

dioxide stream" means carbon dioxide that has been captured from an

emission source (e.g., a power plant), plus incidental associated substances

derived from the source materials and the capture process, and any substances

added to the stream to enable or improve the injection process.

"Carbon regeneration

unit" means any enclosed thermal treatment device used to regenerate spent

activated carbon.

"Cathode ray tube" or

"CRT" means a vacuum tube, composed primarily of glass, which is the

visual or video display component of an electronic device.  A "used,

intact CRT" means a CRT whose vacuum has not been released.  A "used,

broken CRT" means glass removed from its housing or casing whose vacuum

has been released.

"Central accumulation

area" means any on-site area where hazardous waste is accumulating in

units subject to either 35 Ill. Adm. Code 722.116 (for an SQG) or 35 Ill. Adm.

Code 722.117 (for an LQG).  A central accumulation area at an eligible academic

entity that chooses to operate under Subpart K of 35 Ill. Adm. Code 722 is also

subject to 35 Ill. Adm. Code 722.311 when accumulating unwanted material or

hazardous waste.

"Certification"

means a statement of professional opinion based upon knowledge and belief

Ill. Adm. Code 722.116 (for an SQG) or 35 Ill. Adm.

Code 722.117 (for an LQG).  A central accumulation area at an eligible academic

entity that chooses to operate under Subpart K of 35 Ill. Adm. Code 722 is also

subject to 35 Ill. Adm. Code 722.311 when accumulating unwanted material or

hazardous waste.

"Certification"

means a statement of professional opinion based upon knowledge and belief.

"Closed

portion" means that portion of a facility that an owner or operator has

closed in compliance with the approved facility closure plan and all applicable

closure requirements.  (See also "active portion".)

"Component"

means either the tank or ancillary equipment of a tank system.

"Confined

aquifer" means an aquifer bounded above and below by impermeable beds or

by beds of distinctly lower permeability than that of the aquifer itself; an

aquifer containing confined groundwater.

"Contained" means held

in a unit (including a land-based unit, as defined in this Section) that meets

either of the following containment situations:

Containment situation 1

(non-hazardous waste containment):

The unit is in good condition,

with no leaks or other continuing or intermittent unpermitted releases of the

hazardous secondary materials to the environment, and is designed, as

appropriate for the hazardous secondary materials, to prevent unpermitted

releases of hazardous secondary materials to the environment.

"Unpermitted releases"

are releases that are not covered by a permit (e.g., a permit to discharge to

water or air) and may include releases through surface transport by

precipitation run-off, releases to soil and groundwater, windblown dust,

fugitive air emissions, and catastrophic unit failures;

The unit is properly labeled or

otherwise has a system (like a log) to immediately identify the hazardous

secondary materials in the unit; and

The unit holds hazardous secondary

materials that are compatible with other hazardous secondary materials placed

in the unit, is compatible with the materials used to cons

ndwater, windblown dust,

fugitive air emissions, and catastrophic unit failures;

The unit is properly labeled or

otherwise has a system (like a log) to immediately identify the hazardous

secondary materials in the unit; and

The unit holds hazardous secondary

materials that are compatible with other hazardous secondary materials placed

in the unit, is compatible with the materials used to construct the unit and

addresses any potential risks of fires or explosions.

Containment situation 2 (hazardous

waste containment):

Hazardous secondary materials in

units that meet the applicable requirements of 35 Ill. Adm. Code 724 or 725 are

presumptively contained.

"Container"

means any portable device in which a material is stored, transported, treated,

disposed of, or otherwise handled.

"Containment

building" means a hazardous waste management unit that is used to store or

treat hazardous waste under the provisions of Subpart DD of 35 Ill. Adm. Code

724 and Subpart DD of 35 Ill. Adm. Code 725.

"Contingency

plan" means a document setting out an organized, planned, and coordinated

course of action to be followed in case of a fire, explosion, or release of

hazardous waste or hazardous waste constituents that could threaten human

health or the environment.

"Corrosion

expert" means a person who, by reason of knowledge of the physical

sciences and the principles of engineering and mathematics, acquired by a

professional education and related practical experience, is qualified to engage

in the practice of corrosion control on buried or submerged metal piping

systems and metal tanks.  The person must be certified as being qualified by

the National Association of Corrosion Engineers (NACE) or be a registered

professional engineer who has certification or licensing that includes

education and experience in corrosion control on buried or submerged metal

piping systems and metal tanks.

"CRT collector" means a

person that receives used, intact CRTs for recycling, repair, resale, or

donation

t be certified as being qualified by

the National Association of Corrosion Engineers (NACE) or be a registered

professional engineer who has certification or licensing that includes

education and experience in corrosion control on buried or submerged metal

piping systems and metal tanks.

"CRT collector" means a

person that receives used, intact CRTs for recycling, repair, resale, or

donation.

"CRT exporter" means any

person in the United States that initiates a transaction to send used CRTs

outside the United States or its territories for recycling or reuse, or any

intermediary in the United States arranging for the export.

"CRT glass manufacturer"

means an operation or part of an operation that uses a furnace to manufacture CRT

glass.

"CRT processing" means

conducting the following activities:

Receiving broken or intact CRTs;

Intentionally breaking intact CRTs

or further breaking or separating broken CRTs; and

Sorting or otherwise managing

glass removed from CRT monitors.

"Designated

facility" means either of the following entities:

A hazardous

waste treatment, storage, or disposal facility that has been designated on the

manifest by the generator, under 35 Ill. Adm. Code 722.120, of which any of the

following is true:

The facility

has received a RCRA permit (or interim status) under 35 Ill. Adm. Code 702, 703,

and 705;

The facility

has received a RCRA permit from USEPA under 40 CFR 124 and 270;

The facility

has received a RCRA permit from a state authorized by USEPA under 40 CFR 271;

or

The facility

is regulated under 35 Ill. Adm. Code 721.106(c)(2) or Subpart F of 35 Ill. Adm.

Code 726; or

A generator site designated by the hazardous waste generator on the

manifest to receive back its own waste as a return shipment from a designated

hazardous waste treatment, storage, or disposal facility that has rejected the

waste according to 35 Ill. Adm. Code 724.172(f) or 725.172(f)

or

The facility

is regulated under 35 Ill. Adm. Code 721.106(c)(2) or Subpart F of 35 Ill. Adm.

Code 726; or

A generator site designated by the hazardous waste generator on the

manifest to receive back its own waste as a return shipment from a designated

hazardous waste treatment, storage, or disposal facility that has rejected the

waste according to 35 Ill. Adm. Code 724.172(f) or 725.172(f).

If a waste is

destined to a facility in a state other than Illinois that has been authorized

by USEPA under 40 CFR 271, but that has not yet obtained authorization to

regulate that waste as hazardous, then the designated facility must be a

facility allowed by the receiving state to accept the waste.

"Destination

facility" means a facility that treats, disposes of, or recycles a

particular category of universal waste, except those management activities

described in 35 Ill. Adm. Code 733.113(a) and (c) and 733.133(a) and (c).  A

facility at which a particular category of universal waste is only accumulated

is not a destination facility for managing that category of universal waste.

"Dike"

means an embankment or ridge of either natural or manmade materials used to

prevent the movement of liquids, sludges, solids, or other materials.

"Dioxins

and furans" means tetra-, penta-, hexa-, hepta-, and octa-chlorinated

dibenzodioxins and furans.

"Director"

means the Director of the Illinois Environmental Protection Agency.

"Discharge"

or "hazardous waste discharge" means the accidental or intentional

spilling, leaking, pumping, pouring, emitting, emptying, or dumping of

hazardous waste into or on any land or water.

"Disposal"

means the discharge, deposit, injection, dumping, spilling, leaking, or placing

of any solid waste or hazardous waste into or on any land or water so that the solid

waste or hazardous waste or any of its constituent may enter the environment or

be emitted into the air or discharged into any waters, including groundwaters

, or dumping of

hazardous waste into or on any land or water.

"Disposal"

means the discharge, deposit, injection, dumping, spilling, leaking, or placing

of any solid waste or hazardous waste into or on any land or water so that the solid

waste or hazardous waste or any of its constituent may enter the environment or

be emitted into the air or discharged into any waters, including groundwaters.

"Disposal

facility" means a facility or part of a facility at which hazardous waste

is intentionally placed into or on any land or water and at which waste will

remain after closure.  The term disposal facility does not include a corrective

action management unit (CAMU) into which remediation wastes are placed.

"Drip

pad" means an engineered structure consisting of a curbed, free-draining

base, constructed of non-earthen materials and designed to convey preservative

kick-back or drippage from treated wood, precipitation and surface water run-on

to an associated collection system at wood preserving plants.

"Electronic import-export

reporting compliance date" means the date that USEPA will

announc

e in the Federal Register, on or

after which exporters, importers, and receiving facilities will be required to

submit certain export and import related documents to USEPA using USEPA's Waste

Import Export Tracking System, or its successor system.

BOARD NOTE:  A compliance date in

Illinois regulations is limited to a date certain on or after the Board has

adopted the date by rulemaking.  Adoption by rulemaking of the electronic

import-export reporting compliance date can occur only after USEPA has made its

announcement in the Federal Register.  Until the Board has incorporated a date

certain by rulemaking, the Board intends that no "electronic import-export

reporting compliance date" will apply in the context of the Illinois

rules.  The federal electronic import-export reporting compliance date named by

USEPA, however, may apply as provided by federal law

can occur only after USEPA has made its

announcement in the Federal Register.  Until the Board has incorporated a date

certain by rulemaking, the Board intends that no "electronic import-export

reporting compliance date" will apply in the context of the Illinois

rules.  The federal electronic import-export reporting compliance date named by

USEPA, however, may apply as provided by federal law.

"Electronic manifest" or

"e-Manifest" means the electronic format of the hazardous waste

manifest that is obtained from USEPA's national e-Manifest System and

transmitted electronically to the e-Manifest System, and that is the legal

equivalent of USEPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).

"Electronic

Manifest System" or "e-Manifest System" means USEPA's national

information technology system through which the e-Manifest may be obtained,

completed, transmitted, and distributed to users of the e-Manifest System and

to regulatory agencies.

"Elementary

neutralization unit" means a device that meets the following:

It is used for

neutralizing wastes that are hazardous only because they exhibit the

corrosivity characteristic defined in 35 Ill. Adm. Code 721.122 or that are

listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and

It meets the

definition of tank, tank system, container, transport vehicle, or vessel in

this Section.

"EPA

region" or "USEPA region" means the states and territories found

in any one of the following ten regions:

Region I:

Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island.

Region II:

New York, New Jersey, Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

Region III:

Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of

Columbia.

Region IV:

Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South

Carolina, and Florida.

Region V:

Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio.

Region VI:

New Mexico, Oklahoma, Arkansas, Louisiana, and Texas

h of Puerto Rico, and the U.S. Virgin Islands.

Region III:

Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of

Columbia.

Region IV:

Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South

Carolina, and Florida.

Region V:

Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio.

Region VI:

New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.

Region VII:

Nebraska, Kansas, Missouri, and Iowa.

Region VIII:

Montana, Wyoming, North Dakota, South Dakota, Utah, and Colorado.

Region IX:

California, Nevada, Arizona, Hawaii, Guam, American Samoa, and Commonwealth of

the Northern Mariana Islands.

Region X:

Washington, Oregon, Idaho, and Alaska.

"Equivalent

method" means any testing or analytical method approved by the Board under

Section 720.120.

"Existing

hazardous waste management (HWM) facility" or "existing

facility" means a facility that was in operation or for which construction

commenced on or before November 19, 1980.  A facility commenced construction if

the owner or operator obtained the federal, State, and local approvals or

permits necessary to begin

physically

constructing the facility

and either of the following occurred:

A continuous

on-site, physical construction program began; or

The owner or

operator entered contractual obligations that could not be canceled or modified

without substantial loss for

physically

constructing

the facility to be completed within a reasonable time.

"Existing

portion" means that land surface area of an existing waste management

unit, included in the original RCRA Part A permit application, on which wastes

have been placed prior to the issuance of a permit.

"Existing

tank system" or "existing component" means a tank system or

component that is used for the storage or treatment of hazardous waste and that

was in operation, or for which installation was commenced, on or prior to July

14, 1986

existing waste management

unit, included in the original RCRA Part A permit application, on which wastes

have been placed prior to the issuance of a permit.

"Existing

tank system" or "existing component" means a tank system or

component that is used for the storage or treatment of hazardous waste and that

was in operation, or for which installation was commenced, on or prior to July

14, 1986.  Installation will be considered to have commenced if the owner or

operator has obtained all federal, State, and local approvals or permits

necessary to begin

physically constructing

the

site or installing the tank system and if either of the following is met:

A continuous

on-site physical construction or installation program has begun; or

The owner or

operator entered contractual obligations that cannot be canceled or modified

without substantial loss for

physically

constructing

the site or installing the tank system to be completed

within a reasonable time.

"Explosives

or munitions emergency" means a situation involving the suspected or

detected presence of unexploded ordnance (UXO), damaged or deteriorated

explosives or munitions, an improvised explosive device (IED), other

potentially explosive material or device, or other potentially harmful military

chemical munitions or device, that creates an actual or potential imminent

threat to human health, including safety, or the environment, including

property, as determined by an explosives or munitions emergency response

specialist.  These situations may require immediate and expeditious action by

an explosives or munitions emergency response specialist to control, mitigate,

or eliminate the threat.

"Explosives

or munitions emergency response" means all immediate response activities

by an explosives and munitions emergency response specialist to control,

mitigate, or eliminate the actual or potential threat encountered during an

explosives or munitions emergency

expeditious action by

an explosives or munitions emergency response specialist to control, mitigate,

or eliminate the threat.

"Explosives

or munitions emergency response" means all immediate response activities

by an explosives and munitions emergency response specialist to control,

mitigate, or eliminate the actual or potential threat encountered during an

explosives or munitions emergency.  An explosives or munitions emergency

response may include in-place render-safe procedures, treatment, or destruction

of the explosives or munitions or transporting those items to another location

to be rendered safe, treated, or destroyed.  Any reasonable delay in completing

an explosives or munitions emergency response caused by a necessary,

unforeseen, or uncontrollable circumstance will not terminate the explosives or

munitions emergency.  Explosives and munitions emergency responses can occur on

either public or private lands and are not limited to responses at RCRA

facilities.

"Explosives

or munitions emergency response specialist" means an individual trained in

chemical or conventional munitions or explosives handling, transportation,

render-safe procedures, or destruction techniques.  Explosives or munitions

emergency response specialists include United States Department of Defense

(USDOD) emergency explosive ordnance disposal (EOD), technical escort unit

(TEU), and USDOD-certified civilian or contractor personnel and other federal,

State, or local government or civilian personnel who are similarly trained in

explosives or munitions emergency responses.

"Facility"

means the following:

All contiguous

land and structures, other appurtenances, and improvements on the land used for

treating, storing, or disposing of hazardous waste or for managing hazardous

secondary materials prior to reclamation.  A facility may comprise several

treatment, storage, or disposal operational units (e.g., one or more landfills,

surface impoundments, or combinations of them)

means the following:

All contiguous

land and structures, other appurtenances, and improvements on the land used for

treating, storing, or disposing of hazardous waste or for managing hazardous

secondary materials prior to reclamation.  A facility may comprise several

treatment, storage, or disposal operational units (e.g., one or more landfills,

surface impoundments, or combinations of them).

For

implementing corrective action under 35 Ill. Adm. Code 724.201

or

35 Ill. Adm. Code 727.201, all

contiguous property under the control of the owner or operator seeking a permit

under Subtitle C of RCRA.  This definition also applies to facilities

implementing corrective action under RCRA section 3008(h).

Despite the

immediately-preceding paragraph of this definition, a remediation waste

management site is not a facility that is subject to 35 Ill. Adm. Code 724.201,

but a facility that is subject to corrective action requirements if the site is

located within the facility.

"Federal

agency" means any department, agency, or other instrumentality of the

federal government, any independent agency or establishment of the federal

government, including any government corporation and the Government Printing

Office.

"Federal,

State, and local approvals or permits necessary to begin

physically constructing

" means

permits and approvals required under federal, State, or local hazardous waste

control statutes, regulations, or ordinances.

"Final

closure" means the closure of all hazardous waste management units at the

facility in compliance with all applicable closure requirements so that

hazardous waste management activities under 35 Ill. Adm. Code 724 and 725 are

no longer conducted at the facility unless subject to the provisions of 35 Ill.

Adm. Code 722.116 and 722.117.

"Food-chain

crops" means tobacco, crops grown for human consumption, and crops grown

for feed for animals whose products are consumed by humans

in compliance with all applicable closure requirements so that

hazardous waste management activities under 35 Ill. Adm. Code 724 and 725 are

no longer conducted at the facility unless subject to the provisions of 35 Ill.

Adm. Code 722.116 and 722.117.

"Food-chain

crops" means tobacco, crops grown for human consumption, and crops grown

for feed for animals whose products are consumed by humans.

"Freeboard"

means the vertical distance between the top of a tank or surface impoundment

dike and the surface of the waste contained therein.

"Free

liquids" means liquids that readily separate from the solid portion of a

waste under ambient temperature and pressure.

"Generator"

means any person, by site, whose act or process produces hazardous waste

identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation.

"Groundwater"

means water below the land surface in a zone of saturation.

"Hazardous secondary

material" means a secondary material (e.g., spent material, by-product, or

sludge) that, when discarded, would be identified as hazardous waste under 35

Ill. Adm. Code 721.

"Hazardous secondary material

generator" means any person whose act or process produces hazardous

secondary materials at the generating facility.  For this definition,

"generating facility" means all contiguous property owned, leased, or

otherwise controlled by the hazardous secondary material generator.  For

Sections 721.102(a)(2)(B) and 721.104(a)(23), a facility that collects

hazardous secondary materials from other persons is not the hazardous secondary

material generator.

"Hazardous

waste" means a hazardous waste as defined in 35 Ill. Adm. Code 721.103.

"Hazardous

waste constituent" means a constituent that caused the hazardous waste to

be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in 35

Ill. Adm. Code 721.124

a facility that collects

hazardous secondary materials from other persons is not the hazardous secondary

material generator.

"Hazardous

waste" means a hazardous waste as defined in 35 Ill. Adm. Code 721.103.

"Hazardous

waste constituent" means a constituent that caused the hazardous waste to

be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in 35

Ill. Adm. Code 721.124.

"Hazardous

waste management unit" is a contiguous area of land on or in which

hazardous waste is placed, or the largest area in which there is significant

likelihood of mixing hazardous waste constituents in the same area.  Examples

of hazardous waste management units include a surface impoundment, a waste

pile, a land treatment area, a landfill cell, an incinerator, a tank and its

associated piping and underlying containment system, and a container storage

area.  A container alone does not constitute a unit; the unit includes

containers, and the land or pad upon which they are placed.

"Incinerator"

means any enclosed device that:

Uses

controlled flame combustion, and the device:

Does not meet the

criteria for classification as a boiler, sludge dryer, or carbon regeneration

unit, nor

Is not listed

as an industrial furnace; or

Meets the

definition of infrared incinerator or plasma arc incinerator.

"Incompatible

waste" means a hazardous waste that is unsuitable for the following:

Placement in a

particular device or facility because it may cause corrosion or decay of

containment materials (e.g., container inner liners or tank walls); or

Commingling

with another waste or material under uncontrolled conditions because the

commingling might produce heat or pressure, fire, or explosion, violent

reaction, toxic dusts, mists, fumes or gases, or flammable fumes or gases.

(See Appendix

E to 35 Ill. Adm. Code 724 and Appendix E to 35 Ill. Adm. Code 725 for references

that list examples.)

"Individual

generator site" means the contiguous site at or on which one or more

hazardous wastes are generated

itions because the

commingling might produce heat or pressure, fire, or explosion, violent

reaction, toxic dusts, mists, fumes or gases, or flammable fumes or gases.

(See Appendix

E to 35 Ill. Adm. Code 724 and Appendix E to 35 Ill. Adm. Code 725 for references

that list examples.)

"Individual

generator site" means the contiguous site at or on which one or more

hazardous wastes are generated.  An individual generator site, like a large

manufacturing plant, may have one or more sources of hazardous waste but is

considered a single or individual generator site if the site or property is

contiguous.

"Industrial

furnace" means any of the following enclosed devices that are integral

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

Cement kilns;

Lime kilns;

Aggregate

kilns;

Phosphate

kilns;

Coke ovens;

Blast

furnaces;

Smelting,

melting, and refining furnaces (including pyrometallurgical devices like cupolas,

reverberator furnaces, sintering machines, roasters, and foundry furnaces);

Titanium

dioxide chloride process oxidation reactors;

Methane

reforming furnaces;

Pulping liquor

recovery furnaces;

Combustion

devices used in the recovery of sulfur values from spent sulfuric acid;

Halogen acid

furnaces (HAFs) for producing acid from halogenated hazardous waste generated

by chemical production facilities where the furnace is located on the site of a

chemical production facility, the acid product has a halogen acid content of at

least three percent, the acid product is used in a manufacturing process, and,

except for hazardous waste burned as fuel, hazardous waste fed to the furnace has

a minimum halogen content of 20 percent, as generated; and

Any other

device that the Agency determines to be an industrial furnace based on one or

more of the following factors:

The design and

use of the device primarily to accomplish recovery of material products;

The use of the

device to burn or reduce raw materials to make a material product;

as fuel, hazardous waste fed to the furnace has

a minimum halogen content of 20 percent, as generated; and

Any other

device that the Agency determines to be an industrial furnace based on one or

more of the following factors:

The design and

use of the device primarily to accomplish recovery of material products;

The use of the

device to burn or reduce raw materials to make a material product;

The use of the

device to burn or reduce secondary materials as effective substitutes for raw

materials, in processes using raw materials as principal feedstocks;

The use of the

device to burn or reduce secondary materials as ingredients in an industrial

process to make a material product;

The use of the

device in common industrial practice to produce a material product; and

Other relevant

factors.

"Infrared

incinerator" means any enclosed device that uses electric powered

resistance heaters as a source of radiant heat followed by an afterburner using

controlled flame combustion and that is not listed as an industrial furnace.

"Inground

tank" means a device meeting the definition of tank with any portion of

the tank wall situated within the ground,

so

that the ground prevents visually inspecting that

external surface area

of the tank.

"In

operation" refers to a facility that is treating, storing, or disposing of

hazardous waste.

"Injection

well" means a well into which fluids are being injected.  (See also

"underground injection".)

"Inner

liner" means a continuous layer of material placed inside a tank or

container that protects the construction materials of the tank or container

from the contained waste or reagents used to treat the waste.

"Installation

inspector" means a person who, by reason of knowledge of the physical

sciences and the principles of engineering, acquired by a professional

education and related practical experience, is qualified to supervise installing

tank systems

tank or

container that protects the construction materials of the tank or container

from the contained waste or reagents used to treat the waste.

"Installation

inspector" means a person who, by reason of knowledge of the physical

sciences and the principles of engineering, acquired by a professional

education and related practical experience, is qualified to supervise installing

tank systems.

"Intermediate facility"

means any facility that stores hazardous secondary materials for more than ten

days and that is neither a hazardous secondary material generator nor a

reclaimer of hazardous secondary material.

"International

shipment" means transporting hazardous waste into or out of the

jurisdiction of the United States.

"Lamp"

or "universal waste lamp" means the bulb or tube portion of an

electric lighting device.  A lamp is specifically designed to produce radiant

energy, most often in the ultraviolet, visible, or infrared regions of the

electromagnetic spectrum.  Examples of common universal waste lamps include

fluorescent, high intensity discharge, neon, mercury vapor, high-pressure sodium,

and metal halide lamps.

"Land-based

unit" means an area where hazardous secondary materials are placed in or

on the land before recycling.  This definition does not include land-based

production units.

"Land

treatment facility" means a facility or part of a facility at which

hazardous waste is applied onto or incorporated into the soil surface; these facilities

are disposal facilities if the waste will remain after closure.

"Landfill"

means a disposal facility or part of a facility where hazardous waste is placed

in or on land and that is not a pile, a land treatment facility, a surface

impoundment, an underground injection well, a salt dome formation, a salt bed

formation, an underground mine, a cave, or a corrective action management unit

(CAMU).

"Landfill

cell" means a discrete volume of a hazardous waste landfill that uses a

liner to isolate wastes from adjacent cells or wastes

us waste is placed

in or on land and that is not a pile, a land treatment facility, a surface

impoundment, an underground injection well, a salt dome formation, a salt bed

formation, an underground mine, a cave, or a corrective action management unit

(CAMU).

"Landfill

cell" means a discrete volume of a hazardous waste landfill that uses a

liner to isolate wastes from adjacent cells or wastes.  Examples of landfill

cells are trenches and pits.

"Large quantity

generator" or "LQG" means a generator that generates any of the

following amounts of material in a calendar month:

Greater than or equal to 1,000

kg

(2,200 lbs) of non-acute hazardous waste;

Greater than 1 kg (2.2 lbs) of

acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e); or

Greater than 100 kg (220 lbs) of

any residue or contaminated soil, water, or other debris resulting from the

cleanup of a spill, into or on any land or water, of any acute hazardous waste

listed in 35 Ill Adm. Code 721.131 or 721.133(e).

"LDS"

means leak detection system.

"Leachate"

means any liquid, including any suspended components in the liquid, that has

percolated through or drained from hazardous waste.

"Liner"

means a continuous layer of natural or manmade materials beneath or on the

sides of a surface impoundment, landfill, or landfill cell that restricts the

downward or lateral escape of hazardous waste, hazardous waste constituents, or

leachate.

"Leak-detection

system" means a system capable of detecting the failure of either the

primary or secondary containment structure or the presence of a release of

hazardous waste or accumulated liquid in the secondary containment structure

surface impoundment, landfill, or landfill cell that restricts the

downward or lateral escape of hazardous waste, hazardous waste constituents, or

leachate.

"Leak-detection

system" means a system capable of detecting the failure of either the

primary or secondary containment structure or the presence of a release of

hazardous waste or accumulated liquid in the secondary containment structure. The

system must employ operational controls (e.g., daily visual inspections for

releases into the secondary containment system of aboveground tanks) or comprise

an interstitial monitoring device designed to detect continuously and

automatically the failure of the primary or secondary containment structure or

the presence of a release of hazardous waste into the secondary containment

structure.

"Management"

or "hazardous waste management" means the systematic control of the

collection, source separation, storage, transportation, processing, treatment,

recovery, and disposal of hazardous waste.

"Manifest"

means the shipping document USEPA Form 8700-22 (including, if necessary, USEPA

Form 8700-22A), or the e-Manifest, originated and signed in compliance with the

applicable requirements of 35 Ill. Adm. Code 722 through 727.

"Manifest

tracking number" means the alphanumeric identification number (i.e., a unique

three letter suffix preceded by nine numerical digits) that is pre-printed in

Item 4 of the manifest by a registered source.

"Mercury-containing equipment"

means a device or part of a device (including thermostats but excluding

batteries and lamps) that contains elemental mercury integral to its function

.

"Manifest

tracking number" means the alphanumeric identification number (i.e., a unique

three letter suffix preceded by nine numerical digits) that is pre-printed in

Item 4 of the manifest by a registered source.

"Mercury-containing equipment"

means a device or part of a device (including thermostats but excluding

batteries and lamps) that contains elemental mercury integral to its function.

"Military

munitions" means all ammunition products and components produced or used

by or for the United States Department of Defense or the United States Armed

Services for national defense and security, including military munitions under

the control of the United States Department of Defense (USDOD), the United

States Coast Guard, the United States Department of Energy (USDOE), and

National Guard personnel.  The term military munitions includes: confined

gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and

riot control agents, smokes, and incendiaries used by USDOD components,

including bulk explosives and chemical warfare agents, chemical munitions,

rockets, guided and ballistic missiles, bombs, warheads, mortar rounds,

artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth

charges, cluster munitions and dispensers, demolition charges, and devices and

components of these items and devices.  Military munitions do not include

wholly inert items, improvised explosive devices, and nuclear weapons, nuclear

devices, and nuclear components of these items and devices.  However, the term

does include non-nuclear components of nuclear devices, managed under USDOE's

nuclear weapons program after all sanitization operations required under the

Atomic Energy Act of 1954 (42 U.S.C. 2014 et seq.), as amended, have been

completed.

"Mining

overburden returned to the mine site" means any material overlying an

economic mineral deposit that is removed to gain access to that deposit and is

then used for reclaiming a surface mine

lear devices, managed under USDOE's

nuclear weapons program after all sanitization operations required under the

Atomic Energy Act of 1954 (42 U.S.C. 2014 et seq.), as amended, have been

completed.

"Mining

overburden returned to the mine site" means any material overlying an

economic mineral deposit that is removed to gain access to that deposit and is

then used for reclaiming a surface mine.

"Miscellaneous

unit" means a hazardous waste management unit where hazardous waste is

treated, stored, or disposed of and that is not a container; tank; surface

impoundment; pile; land treatment unit; landfill; incinerator; boiler;

industrial furnace; underground injection well with appropriate technical standards

under 35 Ill. Adm. Code 730; containment building; corrective action management

unit (CAMU); unit eligible for a research, development, and demonstration

permit under 35 Ill. Adm. Code 703.231; or staging pile.

"Movement"

means hazardous waste that is transported to a facility in an individual

vehicle.

"NAICS

Code" means the code number assigned a facility using the "North

American Industry Classification System", incorporated by reference in

Section 720.111.

"New

hazardous waste management facility", "new HWM facility", or

"new facility" means a facility that began operation, or for which

construction commenced after November 19, 1980.  (See also "Existing

hazardous waste management facility".)

"New tank

system" or "new tank component" means a tank system or component

that will be used for the storage or treatment of hazardous waste and for which

installation commenced after July 14, 1986; except for 35 Ill. Adm. Code

724.293(g)(2) and 725.293(g)(2), a new tank system is one for which construction

commenced after July 14, 1986.  (See also "existing tank system".)

"No free

liquids",

as used in 35 Ill. Adm

new tank component" means a tank system or component

that will be used for the storage or treatment of hazardous waste and for which

installation commenced after July 14, 1986; except for 35 Ill. Adm. Code

724.293(g)(2) and 725.293(g)(2), a new tank system is one for which construction

commenced after July 14, 1986.  (See also "existing tank system".)

"No free

liquids",

as used in 35 Ill. Adm. Code 721.104(a)(26) and (b)(18),

means that solvent-contaminated wipes may not contain free liquids, as

determined by Method 9095B (Paint Filter Liquids Test), included in "Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods",

incorporated by reference in Section 720.111, and that there is no free liquid

in the container holding the wipes.  No free liquids may also be determined using

another standard or test method that the Agency has determined by permit

condition is equivalent to Method 9095B.

"Non-acute hazardous

waste" means hazardous waste that is not acute hazardous waste, as defined

in this Section.

"On-ground

tank" means a device meeting the definition of tank whose bottom is

situated on the same level as the adjacent surrounding surfaces so that visually

inspecting the external tank bottom is not possible.

"On-site"

means the same or geographically contiguous property that may be divided by

public or private right-of-way, provided the entrance and exit between the

properties is at a crossroads intersection and access is by crossing as opposed

to going along the right-of-way.  Non-contiguous properties owned by the same

person but connected by a right-of-way that the owner controls and to which the

public does not have access is also considered on-site property

may be divided by

public or private right-of-way, provided the entrance and exit between the

properties is at a crossroads intersection and access is by crossing as opposed

to going along the right-of-way.  Non-contiguous properties owned by the same

person but connected by a right-of-way that the owner controls and to which the

public does not have access is also considered on-site property.

"Open

burning" means combusting any material without the following

characteristics:

Controlling combustion

air to maintain adequate temperature for efficient combustion;

Containing the

combustion reaction in an enclosed device to provide sufficient residence time

and mixing for complete combustion; and

Controlling emission

of the gaseous combustion products.

(See also

"incineration" and "thermal treatment".)

"Operator"

means the person responsible for the overall operating of a facility.

"Owner"

means the person that owns a facility or part of a facility.

"Paint" means a pigmented

or unpigmented powder coating, or a pigmented or unpigmented mixture of binder

and suitable liquid, that forms an adherent coating when applied to a surface.

Powder coating is a surface coating that is applied as a dry powder and is

fused into a continuous coating film through the use of heat. "Paint"

includes architectural paint as defined in the Paint Stewardship Act

but

does not include other types of coatings such as industrial original equipment

or specialty coatings.

[415 ILCS 5/22.23e]

"Paint-related waste"

is (i) material contaminated with paint that results from the packaging of

paint, wholesale and retail operations, paint manufacturing, and paint

application or removal activities or (ii) material derived from the reclamation

of paint-related wastes that is recycled in a manner other than burning for

energy recovery or used in a manner constituting disposal

LCS 5/22.23e]

"Paint-related waste"

is (i) material contaminated with paint that results from the packaging of

paint, wholesale and retail operations, paint manufacturing, and paint

application or removal activities or (ii) material derived from the reclamation

of paint-related wastes that is recycled in a manner other than burning for

energy recovery or used in a manner constituting disposal.

[415 ILCS

5/22.23e]

"Partial

closure" means the closure of a hazardous waste management unit in compliance

with the applicable closure requirements of 35 Ill. Adm. Code 724 or 725 at a

facility that contains other active hazardous waste management units.  For

example, partial closure may include the closure of a tank (including its

associated piping and underlying containment systems), landfill cell, surface

impoundment, waste pile, or other hazardous waste management unit, while other

units of the same facility continue to operate.

"Person"

means an individual, trust, firm, joint stock company, federal agency,

corporation (including a government corporation), partnership, association,

state, municipality, commission, political subdivision of a state, or any

interstate body.

"Personnel"

or "facility personnel" means all persons who work at or oversee the

operations of a hazardous waste facility and whose actions or failure to act

may result in not complying with 35 Ill. Adm. Code 724 or 725.

"Pesticide"

means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest or intended for use as a plant

regulator, defoliant, or desiccant, other than any article that meets one of

the following descriptions:

It is a new

animal drug under section 201(v) of the Federal Food, Drug and Cosmetic Act

(FFDCA; 21 U.S.C. 321(v)), incorporated by reference in Section 720.111(c);

It is an

animal drug that has been determined by regulation of the federal Secretary of

Health and Human Services under FFDCA section 512 (21 U.S.C

or desiccant, other than any article that meets one of

the following descriptions:

It is a new

animal drug under section 201(v) of the Federal Food, Drug and Cosmetic Act

(FFDCA; 21 U.S.C. 321(v)), incorporated by reference in Section 720.111(c);

It is an

animal drug that has been determined by regulation of the federal Secretary of

Health and Human Services under FFDCA section 512 (21 U.S.C. 360b), incorporated

by reference in Section 720.111(c), to be an exempted new animal drug; or

It is an

animal feed under FFDCA section 201(w) (21 U.S.C. 321(w)), incorporated by

reference in Section 720.111(c), that bears or contains any substances

described in either of the two preceding paragraphs of this definition.

BOARD NOTE:

The second exception of corresponding 40 CFR 260.10 reads as follows:  "Is

an animal drug that has been determined by regulation of the Secretary of

Health and Human Services not to be a new animal drug".  This is very

similar to the language of section 2(u) of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA; 7 U.S.C. 136(u)).  The three exceptions, taken

together, appear intended not to include as pesticide any material within the

scope of federal Food and Drug Administration regulation.  The Board codified

this provision with the intent of retaining the same meaning as its federal

counterpart while adding the definiteness required under Illinois law.

"

Physical construction" or

"

physically constructing" (RCRA)

means excavating, moving earth, erecting forms or structures, or similar

activity to prepare an HWM facility for accepting hazardous waste.

"Pile"

means any non-containerized accumulation of solid, non-flowing hazardous waste

that is used for treatment or storage, and that is not a containment building.

"Plasma

arc incinerator" means any enclosed device that uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner

using controlled flame combustion and that is not listed as an industrial

furnace

"

means any non-containerized accumulation of solid, non-flowing hazardous waste

that is used for treatment or storage, and that is not a containment building.

"Plasma

arc incinerator" means any enclosed device that uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner

using controlled flame combustion and that is not listed as an industrial

furnace.

"Point

source" means any discernible, confined, and discrete conveyance,

including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

container, rolling stock, concentrated animal feeding operation, or vessel or

other floating craft from which pollutants are or may be discharged.  This term

does not include return flows from irrigated agriculture.

"Publicly

owned treatment works" or "POTW" is as defined in 35 Ill. Adm.

Code 310.110.

"Qualified

groundwater scientist" means a scientist or engineer who has received a

baccalaureate or postgraduate degree in the natural sciences or engineering and

has sufficient training and experience in groundwater hydrology and related

fields, as demonstrated by state registration, professional certification, or completing

accredited university courses that enable the individual to make sound

professional judgments regarding groundwater monitoring and contaminant rate

and transport.

BOARD NOTE:

State registration includes registration as a professional engineer with the

Department of Professional Regulation under 225 ILCS 325 and 68 Ill. Adm. Code

1380.  Professional certification includes certification under the certified

groundwater professional program of the National Ground Water Association.

"RCRA" means the Solid Waste Disposal Act, as amended by the

Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et

seq.).

"RCRA standardized permit" means a RCRA permit issued under

Subpart J of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that

authorizes management of hazardous waste

ndwater professional program of the National Ground Water Association.

"RCRA" means the Solid Waste Disposal Act, as amended by the

Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et

seq.).

"RCRA standardized permit" means a RCRA permit issued under

Subpart J of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that

authorizes management of hazardous waste.  The RCRA standardized permit may

have two parts:  a uniform portion issued in all cases and a supplemental

portion issued at the discretion of the Agency.

"Recognized trader"

means a person domiciled in the United States, by site of business, who acts to

arrange and facilitate transboundary movements of wastes destined for recovery

or disposal operations, either by purchasing from and subsequently selling to

United States and foreign facilities, or by acting under arrangements with a

United States waste facility to arrange for the export or import of the wastes.

"Regional Administrator" means the Regional Administrator for

the USEPA region in which the facility is located or the Regional

Administrator's designee.

"Remanufacturing"

means processing a higher-value hazardous secondary material to manufacture a

product that serves a similar functional purpose as the original

commercial-grade material.  For this definition, a hazardous secondary material

is considered higher-value if it was generated from the use of a

commercial-grade material in a manufacturing process and can be remanufactured

into a similar commercial-grade material.

"Remediation

waste" means all solid and hazardous wastes, and all media (including

groundwater, surface water, soils, and sediments) and debris that are managed

for implementing cleanup.

"Remediation

waste management site" means a facility where an owner or operator is or

will be treating, storing, or disposing of hazardous remediation wastes.  A

remediation waste management site is not a facility that is subject to

corrective action under 35 Ill. Adm

all media (including

groundwater, surface water, soils, and sediments) and debris that are managed

for implementing cleanup.

"Remediation

waste management site" means a facility where an owner or operator is or

will be treating, storing, or disposing of hazardous remediation wastes.  A

remediation waste management site is not a facility that is subject to

corrective action under 35 Ill. Adm. Code 724.201, but a remediation waste

management site is subject to corrective action requirements if the site is in

a facility that is subject to corrective action under 35 Ill. Adm. Code 724.201.

"Replacement

unit" means a landfill, surface impoundment, or waste pile unit from which

substantially all waste is removed, and that is subsequently reused to treat,

store, or dispose of hazardous waste.  Replacement unit does not include a unit

from which waste is removed during closure, if the subsequent reuse solely

involves the disposal of waste from that unit and other closing units or

corrective action areas at the facility, in compliance with a closure or

corrective action plan approved by USEPA or the Agency.

"Representative

sample" means a sample of a universe or whole (e.g., waste pile, lagoon,

groundwater) that can be expected to exhibit the average properties of the

universe or whole.

"Run-off"

means any rainwater, leachate, or other liquid that drains over land from any

part of a facility.

"Run-on"

means any rainwater, leachate, or other liquid that drains over land onto any

part of a facility.

"Saturated

zone" or "zone of saturation" means that part of the earth's

crust in which all voids are filled with water.

"SIC code"

means "Standard Industrial Classification code", as assigned to a

site by the United States Department of Transportation, Federal Highway

Administration, based on the particular activities that occur on the site, as provided

in "Standard Industrial Classification Manual", incorporated by

reference in Section 720.111(a)

of the earth's

crust in which all voids are filled with water.

"SIC code"

means "Standard Industrial Classification code", as assigned to a

site by the United States Department of Transportation, Federal Highway

Administration, based on the particular activities that occur on the site, as provided

in "Standard Industrial Classification Manual", incorporated by

reference in Section 720.111(a).

"Sludge"

means any solid, semi-solid, or liquid waste generated from a municipal,

commercial, or industrial wastewater treatment plant, water supply treatment

plant, or air pollution control facility, exclusive of the treated effluent

from a wastewater treatment plant.

"Sludge

dryer" means any enclosed thermal treatment device that is used to

dehydrate sludge and that has a total thermal input, excluding the heating

value of the sludge itself, of 2,500 Btu/lb or less of sludge treated on a wet-weight

basis.

"Small

quantity generator" or "SQG" means a generator that generates the

following amounts of material in a calendar month:

Greater than 100 kg (220 lbs) but

less than 1,000 kilograms (2,200 lbs) of non-acute hazardous waste;

Less than or equal to 1 kg (2.2

lbs) of acute hazardous waste listed in 35 Ill Adm. Code 721.131 or 721.133(e);

and

Less than or equal to 100 kg (220

lbs) of any residue or contaminated soil, water, or other debris resulting from

the cleanup of a spill, into or on any land or water, of any acute hazardous

waste listed in 35 Ill Adm. Code 721.131 or 721.133(e).

"Solid

waste" means a solid waste as defined in 35 Ill. Adm. Code 721.102.

"Solvent-contaminated

wipe" means the following:

A wipe that, after use or after

cleaning up a spill, meets one or more of the following conditions:

The wipe contains one or more of

the F001 through F005 solvents listed in 35 Ill. Adm. Code 721.131 or the

corresponding P‑ or U-listed solvents found in 35 Ill. Adm. Code 721.133;

The wipe exhibits a hazardous

characteristic found in Subpart C of 35 Ill. Adm

aminated

wipe" means the following:

A wipe that, after use or after

cleaning up a spill, meets one or more of the following conditions:

The wipe contains one or more of

the F001 through F005 solvents listed in 35 Ill. Adm. Code 721.131 or the

corresponding P‑ or U-listed solvents found in 35 Ill. Adm. Code 721.133;

The wipe exhibits a hazardous

characteristic found in Subpart C of 35 Ill. Adm. Code 721 when that

characteristic results from a solvent listed in 35 Ill. Adm. Code 721; or

The wipe exhibits only the

hazardous waste characteristic of ignitability found in 35 Ill. Adm. Code

721.121 due to the presence of one or more solvents that are not listed in 35

Ill. Adm. Code 721.

Solvent-contaminated wipes that

contain listed hazardous waste other than solvents, or exhibit the

characteristic of toxicity, corrosivity, or reactivity due to contaminants

other than solvents, are not eligible for the exclusions at 35 Ill. Adm. Code

721.104(a)(26) and (b)(18).

"Sorbent"

means a material that is used to soak up free liquids by either adsorption or

absorption, or both.  "Sorb" means to either adsorb or absorb, or

both.

"Staging

pile" means an accumulation of solid, non-flowing "remediation waste"

(as defined in this Section) that is not a containment building and that is

used only during remedial operations for temporary storage at a facility.  Staging

piles must be designated by the Agency according to 35 Ill. Adm. Code 724.654.

"State" means any of the several states, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.

"Storage"

means the holding of hazardous waste for a temporary period, at the end of

which the hazardous waste is treated, disposed of, or stored elsewhere

ency according to 35 Ill. Adm. Code 724.654.

"State" means any of the several states, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.

"Storage"

means the holding of hazardous waste for a temporary period, at the end of

which the hazardous waste is treated, disposed of, or stored elsewhere.

"Sump"

means any pit or reservoir that meets the definition of tank and those troughs

or trenches connected to it that serve to collect hazardous waste for transport

to hazardous waste storage, treatment, or disposal facilities; except that, as

used in the landfill, surface impoundment, and waste pile rules, sump means any

lined pit or reservoir that serves to collect liquids drained from a leachate

collection and removal system or leak detection system for subsequent removal

from the system.

"Surface

impoundment" or "impoundment" means a facility or part of a

facility that is a natural topographic depression, manmade excavation, or diked

area formed primarily of earthen materials (although it may be lined with

manmade materials) that is designed to hold an accumulation of liquid wastes or

wastes containing free liquids and that is not an injection well.  Examples of

surface impoundments are holding, storage, settling and aeration pits, ponds,

and lagoons.

"Tank"

means a stationary device, designed to contain an accumulation of hazardous

waste that is constructed primarily of non-earthen materials (e.g., wood,

concrete, steel, plastic) that provide structural support.

"Tank

system" means a hazardous waste storage or treatment tank and its

associated ancillary equipment and containment system.

"TEQ"

means toxicity equivalence, the international method of relating the toxicity

of various dioxin and furan congeners to the toxicity of

2,3,7,8-tetrachlorodibenzo-p-dioxin

-earthen materials (e.g., wood,

concrete, steel, plastic) that provide structural support.

"Tank

system" means a hazardous waste storage or treatment tank and its

associated ancillary equipment and containment system.

"TEQ"

means toxicity equivalence, the international method of relating the toxicity

of various dioxin and furan congeners to the toxicity of

2,3,7,8-tetrachlorodibenzo-p-dioxin.

"Thermal

treatment" means the treatment of hazardous waste in a device that uses

elevated temperatures as the primary means to change the chemical, physical, or

biological character or composition of the hazardous waste.  Examples of

thermal treatment processes are incineration, molten salt, pyrolysis,

calcination, wet air oxidation, and microwave discharge.  (See also

"incinerator" and "open burning".)

"Thermostat"

means a temperature control device that contains metallic mercury in an ampule

attached to a bimetal sensing element and mercury-containing ampules that have

been removed from the temperature control device complying with 35 Ill. Adm.

Code 733.113(c)(2) or 733.133(c)(2).

"Totally

enclosed treatment facility" means a facility for the treatment of

hazardous waste that is directly connected to an industrial production process

and that is constructed and operated in a manner that prevents the release of

any hazardous waste or any constituent thereof into the environment during

treatment.  An example is a pipe in which waste acid is neutralized.

"Transfer

facility" means any transportation-related facility, including loading

docks, parking areas, storage areas, and other similar areas where shipments of

hazardous waste or hazardous secondary materials are held during the normal

course of transportation.

"Transport

vehicle" means a motor vehicle or rail car used for transporting cargo by

any mode.  Each cargo-carrying body (trailer, railroad freight car, etc.) is a

separate transport vehicle.

"Transportation"

means the movement of hazardous waste by air, rail, highway, or water

shipments of

hazardous waste or hazardous secondary materials are held during the normal

course of transportation.

"Transport

vehicle" means a motor vehicle or rail car used for transporting cargo by

any mode.  Each cargo-carrying body (trailer, railroad freight car, etc.) is a

separate transport vehicle.

"Transportation"

means the movement of hazardous waste by air, rail, highway, or water.

"Transporter"

means a person engaged in

transporting

hazardous waste

off-site by air, rail, highway, or water.

"Treatability

study" means the following:

A study in

which a hazardous waste is subjected to a treatment process to determine the

following:

Whether the

waste is amenable to the treatment process;

What

pretreatment (if any) is required;

The optimal

process conditions needed to achieve the desired treatment;

The efficiency

of a treatment process for a specific waste or wastes; and

The characteristics

and volumes of residuals from a particular treatment process;

Also included

in this definition for 35 Ill. Adm. Code 721.104(e) and (f) exemptions are

liner compatibility, corrosion and other material compatibility studies, and

toxicological and health effects studies.  A treatability study is not a means

to commercially treat or dispose of hazardous waste.

"Treatment"

means any method, technique, or process, including neutralization, designed to

change the physical, chemical, or biological character or composition of any

hazardous waste to neutralize the waste, recover energy or material resources

from the waste, or render the waste non-hazardous or less hazardous; safer to

transport, store, or dispose of; or amenable for recovery, amenable for

storage, or reduced in volume.

"Treatment

zone" means a soil area of the unsaturated zone of a land treatment unit

within which hazardous constituents are degraded, transformed, or immobilized

lize the waste, recover energy or material resources

from the waste, or render the waste non-hazardous or less hazardous; safer to

transport, store, or dispose of; or amenable for recovery, amenable for

storage, or reduced in volume.

"Treatment

zone" means a soil area of the unsaturated zone of a land treatment unit

within which hazardous constituents are degraded, transformed, or immobilized.

"Underground

injection" means the subsurface emplacement of fluids through a bored,

drilled, or driven well or through a dug well, if the depth of the dug well is

greater than the largest surface dimension.  (See also "injection

well".)

"Underground

tank" means a device meeting the definition of tank whose entire surface

area is totally below the surface of and covered by the ground.

"Unfit-for-use

tank system" means a tank system that has been determined, through an

integrity assessment or other inspection, to be no longer capable of storing or

treating hazardous waste without posing a threat of release of hazardous waste

to the environment.

"United

States" means the 50 states, the District of Columbia, the Commonwealth of

Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

"Universal

waste" means any of the following hazardous wastes that are managed under

the universal waste requirements of 35 Ill. Adm. Code 733:

Batteries, as

described in 35 Ill. Adm. Code 733.102;

Pesticides, as

described in 35 Ill. Adm. Code 733.103;

Mercury-containing

equipment, as described in 35 Ill. Adm. Code 733.104;

Lamps, as described in 35 Ill.

Adm. Code 733.105;

Aerosol cans, as described in 35

Ill. Adm. Code 733.106; and

Paint and paint-related wastes, as

described in 35 Ill. Adm. Code 733.107

s of 35 Ill. Adm. Code 733:

Batteries, as

described in 35 Ill. Adm. Code 733.102;

Pesticides, as

described in 35 Ill. Adm. Code 733.103;

Mercury-containing

equipment, as described in 35 Ill. Adm. Code 733.104;

Lamps, as described in 35 Ill.

Adm. Code 733.105;

Aerosol cans, as described in 35

Ill. Adm. Code 733.106; and

Paint and paint-related wastes, as

described in 35 Ill. Adm. Code 733.107.

"Universal

waste handler" means either of the following:

A generator

(as defined in this Section) of universal waste; or

The owner or

operator of a facility, including all contiguous property, that receives

universal waste from other universal waste handlers, accumulates the universal

waste, and sends that universal waste to another universal waste handler, to a

destination facility, or to a foreign destination.

"Universal

waste handler" does not mean either of the following:

A person that

treats (except under the provisions of Section 733.113(a) or (c) or 733.133(a)

or (c)), disposes of, or recycles (except under 35 Ill. Adm. Code 733.113(e) or

733.133(e)) universal waste; or

A person

engaged in

transporting universal waste

off-site

by air, rail, highway, or water, including a universal waste transfer facility.

"Universal

waste transporter" means a person engaged in

transporting universal waste

off-site by air, rail, highway, or

water.

"Unsaturated

zone" or "zone of aeration" means the zone between the land

surface and the water table.

"Uppermost

aquifer" means the geologic formation nearest the natural ground surface

that is an aquifer, as well as lower aquifers that are hydraulically

interconnected with this aquifer within the facility's property boundary.

"USDOT"

or "Department of Transportation" means the United States Department

of Transportation.

"Used

oil" means any oil that has been refined from crude oil, or any synthetic

oil, that has been used and because of this use is contaminated by physical or

chemical impurities

well as lower aquifers that are hydraulically

interconnected with this aquifer within the facility's property boundary.

"USDOT"

or "Department of Transportation" means the United States Department

of Transportation.

"Used

oil" means any oil that has been refined from crude oil, or any synthetic

oil, that has been used and because of this use is contaminated by physical or

chemical impurities.

"USEPA"

or "EPA" means the United States Environmental Protection Agency.

"USEPA

hazardous waste number" or "EPA hazardous waste number" means

the number assigned by USEPA to each hazardous waste listed in

Subpart D

of

35 Ill. Adm. Code 721 and to each

characteristic identified in

Subpart C of

35 Ill. Adm. Code 721.

"USEPA identification

number" or "USEPA ID number" is the unique alphanumeric

identifier that USEPA assigns a hazardous waste generator; transporter;

treatment, storage, or disposal facility; or reclamation facility upon notification

complying with section 3010 of RCRAU.S.C..

"User of the Electronic

Manifest System" or "user of the e-Manifest System" means a

hazardous waste generator, a hazardous waste transporter, an owner or operator

of a hazardous waste treatment, storage, recycling, or disposal facility, or

any other person or entity that meets both of the following conditions:

The person or entity must use a

manifest to comply with any federal or state requirement to track the shipment,

transportation, and receipt of either of the following:

hazardous waste or other waste

material that is shipped from the site of generation to an off-site designated

facility for treatment, storage, recycling, or disposal; or

rejected wastes or regulated

container residues that are shipped from a designated facility to an alternative

facility, or returned to the generator; and

The person or entity elects to use

either of the following:

the e-Manifest System to obtain,

complete and transmit an e-Manifest format supplied by the USEPA e-Manifest

System; or

the paper manifest form and

submits to the e

or disposal; or

rejected wastes or regulated

container residues that are shipped from a designated facility to an alternative

facility, or returned to the generator; and

The person or entity elects to use

either of the following:

the e-Manifest System to obtain,

complete and transmit an e-Manifest format supplied by the USEPA e-Manifest

System; or

the paper manifest form and

submits to the e-Manifest System for data processing purposes a paper copy of

the manifest (or data from the paper copy), in compliance with 35 Ill. Adm.

Code 724.171(a)(2)(E) or 725.171(a)(2)(E).

A paper copy submitted for data

processing purposes is submitted for data exchange purposes only and is not the

official copy of record for legal purposes.

"USPS"

means the United States Postal Service.

"Very small quantity

generator" or "VSQG" means a generator that generates less than

or equal to the following amounts of material in a calendar month:

100 kg (220 lbs) of nonacute

hazardous waste;

1 kg (2.2 lbs) of acute hazardous

waste listed in 35 Ill Adm. Code 721.131 or 721.133(e); and

100 kg (220 lbs) of any residue or

contaminated soil, water, or other debris resulting from the cleanup of a

spill, into or on any land or water, of any acute hazardous waste listed in 35

Ill Adm. Code 721.131 or 721.133(e).

"Vessel"

includes every description of watercraft used or capable of being used for

transporting on the water.

"Wastewater

treatment unit" means a device that:

Is part of a

wastewater treatment facility that has an NPDES permit under 35 Ill. Adm. Code

309 or a pretreatment permit or authorization to discharge under 35 Ill. Adm.

Code 310;

Receives and

treats or stores an influent wastewater that is a hazardous waste as defined in

35 Ill. Adm. Code 721.103, or generates and accumulates a wastewater treatment

sludge that is a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or

treats or stores a wastewater treatment sludge that is a hazardous waste as

defined in 35 Ill. Adm

tion to discharge under 35 Ill. Adm.

Code 310;

Receives and

treats or stores an influent wastewater that is a hazardous waste as defined in

35 Ill. Adm. Code 721.103, or generates and accumulates a wastewater treatment

sludge that is a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or

treats or stores a wastewater treatment sludge that is a hazardous waste as

defined in 35 Ill. Adm. Code 721.103; and

Meets the

definition of tank or tank system in this Section.

"Water

(bulk shipment)" means transporting bulk hazardous waste loaded or carried

on board a vessel without containers or labels.

"Well"

means any shaft or pit dug or bored into the earth, generally of a cylindrical

form, and often walled with bricks or tubing to prevent the earth from caving

in.

"Well

injection" means "underground injection".

"Wipe"

means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp,

fabric, cotton, polyester blends, or other material.

"Zone of

engineering control" means an area under the control of the owner or

operator that, upon detecting a hazardous waste release, can be readily cleaned

up prior to the release of hazardous waste or hazardous constituents to

groundwater or surface water.