1. a) Applicability of This Section. This Section applies to the owner or operator of a facility that treats or stores hazardous waste under a 35 Ill. Adm. Code 703.Subpart J RCRA standardized permit, except as provided in Section 727.100(a)(2).

   BOARD NOTE: Subsection (a) is derived from 40 CFR 267.10.

2. b) Compliance with This Section. To comply with this Section, the facility owner or operator must obtain a USEPA identification number and follow the requirements of this Part for waste analysis, security, inspections, training, special waste handling, and location standards.

   BOARD NOTE: Subsection (b) is derived from 40 CFR 267.11.

3. c) Obtaining a USEPA Identification Number. The facility owner or operator must apply to the Agency for a USEPA identification number using Notification of RCRA Subtitle C Activities (Site Identification Form) (USEPA Form 8700-12).

   BOARD NOTE: Subsection (c) is derived from 40 CFR 267.12. USEPA Form 8700-12 is available from the Agency, Bureau of Land (217-782-6762). It is also available on-line for download in PDF file format: www.epa.gov/‌hwgenerators/‌instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and.

4. d) Waste Analysis Requirements

   1. 1) Before it treats or stores any hazardous wastes, the facility owner or operator must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information needed to treat or store the waste to comply with this Part and 35 Ill. Adm. Code 728.

      1. A) The facility owner or operator may include data in the analysis that was developed pursuant to 35 Ill. Adm. Code 721 or data published or documented on the hazardous waste or on hazardous waste generated from similar processes.
      2. B) The facility owner or operator must repeat the analysis as necessary to ensure that it is accurate and up to date. At a minimum, the owner or operator must repeat the analysis if the process or operation generating the hazardous wastes has changed.

   2. 2) The facility owner or operator must develop and follow a written waste analysis plan that describes the procedures it will follow to comply with subsection (d)(1). The owner or operator must keep this plan at the facility. If the owner or operator receives wastes generated from off-site and is eligible for a RCRA standardized permit, the owner or operator also must have submitted the waste analysis plan with the Notice of Intent. At a minimum, the plan must specify all of the following:

      1. A) The hazardous waste parameters that the owner or operator will analyze and the rationale for selecting these parameters (that is, how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (d)(1)).
      2. B) The test methods the owner or operator will use to test for these parameters.

      3. C) The sampling method the owner or operator will use to obtain a representative sample of the waste to be analyzed. The owner or operator may obtain a representative sample using either of the following methods:

         1. i) One of the sampling methods described in Appendix A of 35 Ill. Adm. Code 721; or
         2. ii) An equivalent sampling method.
      4. D) How frequently the owner or operator will review or repeat the initial analysis of the waste to ensure that the analysis is accurate and up to date.

      5. E) Where applicable, the methods the owner or operator will use to meet the additional waste analysis requirements for specific waste management methods, as specified in 35 Ill. Adm. Code 724.117, 724.934(d), 724.963(d), and 724.983.

         BOARD NOTE: Subsection (d) is derived from 40 CFR 267.13.

5. e) Security Requirements

   1. 1) The facility owner or operator must prevent, and minimize the possibility for, livestock and unauthorized people from entering the active portion of its facility.

   2. 2) The facility must have either of the features listed in subsection (e)(2)(A) or those listed in subsection (e)(2)(B).

      1. A) A 24-hour surveillance system (for example, television monitoring or surveillance by guards or facility personnel) that continuously monitors and controls entry onto the active portion of the facility; or

      2. B) Both of the following:

         1. i) An artificial or natural barrier (for example, a fence in good repair or a fence combined with a cliff) that completely surrounds the active portion of the facility; and
         2. ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (for example, an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

   3. 3) The facility owner or operator must post a sign at each entrance to the active portion of a facility, and at other prominent locations, in sufficient numbers to be seen from any approach to this active portion. The sign must bear the legend "Danger – Unauthorized Personnel Keep Out". The legend must be in English and in any other language predominant in the area surrounding the facility (for example, French or Spanish), and must be legible from a distance of at least 25 feet. The owner or operator may use existing signs with a legend other than "Danger – Unauthorized Personnel Keep Out" if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and entry onto the active portion can be dangerous.

      BOARD NOTE: Subsection (e) is derived from 40 CFR 267.14.

6. f) General Inspection Requirements

   1. 1) The owner or operator must inspect its facility for malfunctions and deterioration, operator errors, and discharges that may be causing, or may lead to either of the conditions listed in subsection (f)(1)(A) or (f)(1)(B). The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they result in harm to human health and the environment.

      1. A) A release of hazardous waste constituents to the environment; or
      2. B) A threat to human health.

   2. 2) The facility owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

      1. A) The owner or operator must keep this schedule at the facility.
      2. B) The schedule must identify the equipment and devices that the owner or operator will inspect and what problems it will look for, such as malfunctions or deterioration of equipment (for example, inoperative sump pump, leaking fitting, etc.).
      3. C) The frequency of the owner's or operator's inspections may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies required in Sections 727.270(e), 727.290(d) and (f), and 727.900(d) and 35 Ill. Adm. Code 724.933, 724.952, 724.953, 724.958, and 724.983 through 724.989, where applicable.
   3. 3) The facility owner or operator must remedy any deterioration or malfunction of equipment or structures that the inspection reveals in time to prevent any environmental or human health hazards. Where hazard is imminent or has already occurred, the owner or operator must take immediate remedial action.

   4. 4) The facility owner or operator must record all inspections. The owner or operator must keep these records for at least three years from the date of inspection. At a minimum, the owner or operator must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

      BOARD NOTE: Subsection (f) is derived from 40 CFR 267.15.

7. g) Employee Training

   1. 1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Part. The facility owner or operator must ensure that this program includes all the elements described in the documents that are required pursuant to subsection (g)(4)(C).

      1. A) A person trained in hazardous waste management procedures must direct this program and must teach facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to their employment positions.

      2. B) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by including instruction on emergency procedures, emergency equipment, and emergency systems, including all of the following, where applicable:

         1. i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment.
         2. ii) Key parameters for automatic waste feed cut-off systems.
         3. iii) Communications or alarm systems.

      3. iv) Response to fires or explosions.

         1. v) Response to groundwater contamination incidents.
      4. vi) Shutdown of operations.
   2. 2) Facility personnel must successfully complete the program required in subsection (g)(1) within six months after the date of their employment or assignment to a facility or to a new position at a facility, whichever is later. Employees hired after the effective date of the owner's or operator's RCRA standardized permit must not work in unsupervised positions until they have completed the training requirements of subsection (g)(1).
   3. 3) Facility personnel must take part in an annual review of the initial training required in subsection (g)(1).

   4. 4) The facility owner or operator must maintain the following documents and records at its facility:

      1. A) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
      2. B) A written job description for each position listed pursuant to subsection (g)(4)(A). This description must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;
      3. C) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed pursuant to subsection (g)(4)(A);
      4. D) Records that document that facility personnel have received and completed the training or job experience required pursuant to subsections (g)(1), (g)(2), and (g)(3).

   5. 5) The facility owner or operator must keep training records on current personnel until its facility closes. The owner or operator must keep training records on former employees for at least three years from the date the employee last worked at its facility. Personnel training records may accompany personnel transferred within a company.

      BOARD NOTE: Subsection (g) is derived from 40 CFR 267.16.

8. h) Requirements for Managing Ignitable, Reactive, or Incompatible Wastes

   1. 1) The facility owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by following these requirements:

      1. A) The owner or operator must separate these wastes and protect them from sources of ignition or reaction such as open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (for example, from heat-producing chemical reactions), and radiant heat.
      2. B) While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flames to specially designated locations.
      3. C) "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

   2. 2) If it treats or stores ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, the owner or operator must take precautions to prevent reactions that do the following:

      1. A) Generate extreme heat or pressure, fire or explosions, or violent reactions.
      2. B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment.
      3. C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.
      4. D) Damage the structural integrity of the device or facility.
      5. E) Threaten human health and the environment in any similar way.

   3. 3) The facility owner or operator must document compliance with subsection (h)(1) or (h)(2). The owner or operator may base this documentation on references to published scientific or engineering literature, data from trial tests (for example bench scale or pilot scale tests), waste analyses (as specified in Section 727.110(d)), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

      BOARD NOTE: Subsection (h) is derived from 40 CFR 267.17.

9. i) Facility Location Standards

   1. 1) The facility owner or operator may not locate any portion of a new facility where hazardous waste will be treated or stored within 61 meters (200 feet) of a fault that has had displacement in Holocene time.

      1. A) "Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side.
      2. B) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

      3. C) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.

         BOARD NOTE: Under the note to corresponding 40 CFR 267.18(a)(3) and 40 CFR 270.14(b)(11), a facility that is in a political jurisdiction other than those listed in appendix VI of 40 CFR 264, incorporated by reference in 35 Ill. Adm. Code 720.111(b), is assumed to be in compliance with this requirement. No area of Illinois is listed in appendix VI of 40 CFR 264.

   2. 2) If an owner's or operator's facility is located within a 100-year flood plain, it must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood.

      1. A) "100-year flood plain" means any land area that is subject to a one percent or greater chance of flooding in any given year from any source.
      2. B) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

      3. C) "100-year flood" means a flood that has a one percent chance of being equaled or exceeded in any given year.

         BOARD NOTE: Subsection (i) is derived from 40 CFR 267.18.

(Source: Amended at 43 Ill. Reg. 6095, effective May 2, 2019)