Section 724.655  Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills

a)         The Agency must approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of 35 Ill. Adm. Code 728, if it determines that the following conditions are met:

1)         The waste meets the definition of CAMU-eligible waste in Section 724.652(a)(1) and (a)(2).

2)         The Agency identifies principal hazardous constituents in such waste, in accordance with Section 724.652(e)(4)(A) and (e)(4)(B), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:

A)        The treatment standards under Section 724.652(e)(4)(D); or

B)        Treatment standards adjusted in accordance with Section 724.652(e)(4)(E)(i), (e)(4)(E)(iii), (e)(4)(E)(iv), or (e)(4)(F)(i); or

C)        Treatment standards adjusted in accordance with Section 724.652(e)(4)(I)(ii), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.

3)         The landfill receiving the CAMU-eligible waste must have a RCRA hazardous waste permit, meet the requirements for new landfills in Subpart N, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include interim status.

b)         The person seeking approval must provide sufficient information to enable the Agency to approve placement of CAMU-eligible waste in accordance with subsection (a).  Information required by Section 724.652(d)(1) through (d)(3) for CAMU applications must be provided, unless not reasonably available.

c)         The Agency must provide public notice and a reasonable opportunity for public comment before approving CAMU eligible waste for placement in an off-site permitted hazardous waste landfill, consistent with the requirements for CAMU approval at Section 724.652(h).  The approval must be specific to a single remediation.

d)         Applicable hazardous waste management requirements in this Part, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this Section, for CAMU-eligible waste must be incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding 35 Ill. Adm. Code 702.181(a), a landfill may not receive hazardous CAMU-eligible waste under this Section unless its permit specifically authorizes receipt of such waste.

e)         For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with subsection (d) until the following additional conditions have been met:

1)         The landfill owner or operator notifies the Agency and persons on the facility mailing list, maintained in accordance with 35 Ill. Adm. Code 705.163(a), of his or her intent to receive CAMU-eligible waste in accordance with this Section; the notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.

2)         Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the Agency within 15 days after notification.

3)         The Agency must object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the Agency must extend the review period an additional 30 days if it determines that the extension is necessary because of public concerns or insufficient information.

4)         CAMU-eligible wastes may not be placed in the landfill until the Agency has notified the facility owner or operator that it does not object to its placement.

5)         If the Agency objects to the placement or does not notify the facility owner or operator that it has chosen not to object, the facility may not receive the waste, notwithstanding 35 Ill. Adm. Code 702.181(a), until the objection has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of 35 Ill. Adm. Code 703.280 through 703.283 specifically authorizing receipt of the waste.

6)         The Board will grant an adjusted standard under Section 28.1 of the Act that modifies, reduces, or eliminates the notification requirements of this subsection (e) as they apply to specific categories of CAMU-eligible waste, if the owner or operator demonstrates that this is possible based on miminal risk.

f)         Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this Section must comply with the requirements of 35 Ill. Adm. Code 728.107(a)(4). Off-site facilities treating CAMU-eligible wastes to comply with this Section must comply with the requirements of 35 Ill. Adm. Code 728.107(b)(4), except that the certification must be with respect to the treatment requirements of subsection (a)(2).

g)         For the purposes of this Section only, the "design of the CAMU" in Section 724.652(e)(4)(E)(v) means design of the permitted Subtitle C landfill.

(Source:  Amended at 42 Ill. Reg. 22614, effective November 19, 2018)