35 Ill. Adm. Code 808.121
Generator Obligations
Section 808
Section 808.121Â Generator
Obligations
a)Â Â Â Â Â Â Â Â Each person who generates waste shall determine whether the
waste is a special waste.
BOARD NOTE:Â 35 Ill. Adm. Code 722 requires the person to
also determine if the waste is a hazardous waste.
b)Â Â Â Â Â Â Â Â No person shall deliver special waste to a transporter unless
the waste is accompanied by a manifest as specified in Section 808.122, and the
transporter has a special waste hauling permit issued pursuant to 35 Ill. Adm.
Code 809. The following are exceptions to this prohibition:
1)Â Â Â Â Â Â Â Â The person is subject to the small quantity generator
exemption of Section 808.123.
2)Â Â Â Â Â Â Â Â The transporter and waste are subject to a transporter
exemption under 35 Ill. Adm. Code 809.211.
3)Â Â Â Â Â Â Â Â The Agency has determined pursuant to this Part that the waste
is not a special waste.
4)Â Â Â Â Â Â Â Â The waste consists of municipal water or wastewater treatment
plant sludge regulated under a sludge management plan approved by the Agency
pursuant to 35 Ill. Adm. Code 309.208.
5)Â Â Â Â Â Â Â Â The
generator is not required to complete a manifest for used oil that is defined
by and managed in accordance with 35 Ill. Adm. Code 739.
6)Â Â Â Â Â Â Â Â The
generator is not required to complete a manifest for the following used oil
mixtures, provided that the generator complies with the informational
requirements of 35 Ill. Adm. Code 739.146(a) and 35 Ill. Adm. Code 809.501(b):
A)Â Â Â Â Â Â Â Mixtures
of used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
and hazardous waste, both generated and mixed by a conditionally exempt small
quantity generator of hazardous waste, provided that the mixture contains more
than 50 percent used oil by either volume or weight;
B)Â Â Â Â Â Â Â Mixtures
of used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
and characteristic hazardous waste, with a Btu per pound content greater than
5,000 prior to being mixed with the used oil, when:
i)Â Â Â Â Â Â Â Â Â the
characteristic has been extinguished in the resultant mixture;
ii)Â Â Â Â Â Â Â Â both
the used oil and the characteristic hazardous waste have been generated and
mixed by the same generator; and
iii)Â Â Â Â Â Â Â the
mixture contains more than 50 percent used oil by either volume or weight;
C)Â Â Â Â Â Â Â Mixtures
of used oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
and fuel or other fuel products; and
D)Â Â Â Â Â Â Â Used
oil as defined by and managed in accordance with 35 Ill. Adm. Code 739
contaminated by or mixed with nonhazardous wastewater, when the used oil and
the nonhazardous wastewater are generated by the same generator, and when the
mixture results from use or unintentional contamination.
c)Â Â Â Â Â Â Â Â No person shall cause, threaten or allow the treatment, storage
or disposal of special waste in Illinois except:
1)Â Â Â Â Â Â Â Â At a facility permitted or otherwise authorized to manage the
special waste pursuant to 35 Ill. Adm. Code 703 or 807; or
2)Â Â Â Â Â Â Â Â At a facility owned and operated by such person and subject to
the on-site disposal exemption of Section 21(d) of the Act.
d)Â Â Â Â Â Â Â Â No person shall deliver special waste to a transporter or a
permitted facility without a supplemental wastestream permit.
e)Â Â Â Â Â Â Â Â No person shall deliver to a transporter or permitted facility
special waste with a wastestream identification number unless the waste
conforms with the wastestream description in the wastestream classification
determination.