35 Ill. Adm. Code 726.340
Loss of a Storage and Treatment Conditional Exemption and Required Action
Section 726
Section 726.340Â Loss of a
Storage and Treatment Conditional Exemption and Required Action
a)Â Â Â Â Â Â Â Â A generator's LLMW will automatically lose the storage and
treatment conditional exemption if the generator fails to meet any of the
conditions specified in Section 726.330. When a generator's LLMW loses the
exemption, the generator must immediately manage that waste which failed the
condition as RCRA hazardous waste, and the storage unit storing the LLMW
immediately becomes subject to RCRA hazardous waste container or tank storage
requirements.
1)Â Â Â Â Â Â Â Â If a generator fails to meet any of the conditions specified
in Section 726.330, the generator must report to the Agency, the Illinois DNS,
and the NRC in writing by certified delivery within 30 days after learning of
the failure. The generator's report must be signed by the generator's
authorized representative certifying that the information provided is true,
accurate, and complete. This report must include the following:
A)Â Â Â Â Â Â Â The specific conditions that the generator failed to meet;
B)Â Â Â Â Â Â Â A description of the LLMW (including the waste name, hazardous
waste codes and quantity) and storage location at the facility; and
C)Â Â Â Â Â Â Â The dates on which the generator failed to meet the conditions.
2)Â Â Â Â Â Â Â Â If the failure to meet any of the conditions may endanger
human health or the environment, the generator must also immediately notify the
Agency orally within 24 hours and follow up with a written notification within
five days. A failure that may endanger human health or the environment may
include, but is not limited to, discharge of a CERCLA reportable quantity or
other leaking or exploding tanks or containers, or detection of radionuclides
above background or hazardous constituents in the leachate collection system of
a storage area. If the failure may endanger human health or the environment,
the generator must follow the provisions of its emergency plan.
b)Â Â Â Â Â Â Â Â The Board may, by an order issued in an enforcement proceeding
against the generator, terminate the generator's conditional exemption for its
LLMW, or require the generator to meet additional conditions to claim a
conditional exemption, for serious or repeated noncompliance with any
requirements of this Subpart N.