1. a) The Agency may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in 35 Ill. Adm. Code 721.106(a)(2)(C) should be regulated under 35 Ill. Adm. Code 721.106(b) and (c) rather than under the provisions of Subpart F of 35 Ill. Adm. Code 726. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the Agency must consider the following factors:

   1. 1) The types and amounts of materials accumulated or stored;
   2. 2) The method of accumulation or storage;
   3. 3) The length of time the materials have been accumulated or stored before being reclaimed;
   4. 4) Whether any contaminants are being released into the environment, or are likely to be so released; and
   5. 5) Other relevant factors.
2. b) The procedures for this decision are provided in Section 720.141.

(Source: Amended at 48 Ill. Reg. 9723, effective June 20, 2024)