Section 728.133  Waste-Specific Prohibitions:  Chlorinated Aliphatic Wastes

a)         The wastes specified in 35 Ill. Adm. Code 721 as USEPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

b)         The requirements of subsection (a) do not apply if any of the following conditions is fulfilled:

1)         The wastes meet the applicable treatment standards specified in Subpart D;

2)         A person has been granted an exemption from a prohibition pursuant to a petition under Section 728.106, with respect to those wastes and units covered by the petition;

3)         The wastes meet the applicable treatment standards established pursuant to a petition granted under Section 728.144;

4)         Hazardous debris has met the treatment standards in Section 728.140 or the alternative treatment standards in Section 728.145; or

5)         A person has been granted an extension to the effective date of a prohibition pursuant to Section 728.105, with respect to those wastes covered by the extension.

c)         To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in Section 728.140, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste.  If the waste contains regulated constituents in excess of the applicable levels of Subpart D, the waste is prohibited from land disposal, and all requirements of this Part 728 are applicable, except as otherwise specified.

d)         Disposal of USEPA hazardous waste number K175 wastes that have complied with all applicable Section 728.140 treatment standards must also be macroencapsulated in accordance with Table F, unless the waste is placed in one of the following:

1)         A RCRA Subtitle C monofill containing only K175 wastes that meet all applicable Section 728.140 treatment standards; or

2)         A dedicated RCRA Subtitle C landfill cell in which all other wastes being co-disposed are at pH<6.0.

(Source:  Amended at 42 Ill. Reg. 24924, effective November 19, 2018)