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REVISED DRAFT FEBRUARY 9, 2004

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER k: RECYCLING

PART 840 RECYCLING FACILITIES

SUBPART A: GENERAL

Section
840.100 Applicability
840.105 Enforcement
840.110 Permit by Rule
840.115 Other Regulations
840.120 Definitions
840.125 Incorporation by Reference
840.130 Severability

SUBPART B: DROP-OFF CENTERS

840.200 Applicability of Subpart
840.205 Operating Standards
840.210 Closure Standards

SUBPART C: MATERIAL RECYCLING FACILITIES

840.300 Applicability of Subpart
840.305 Registration
840.310 Prohibitions
840.315 General Operating Standards
840.320 Receipt and Handling
840.325 Accumulation and Storage
840.330 Emergency Response
840.335 Personnel Training
840.340 Record Requirements
840.345 Record Retention
840.350 Closure

AUTHORITY: Authorized by Sections 5, 22, and 27 of the Environmental Protection Act [415 ILCS 5/5, 22, and 27].

SOURCE: Adopted in R at Ill. Reg. , effective .

NOTE: Italics denote statutory language.

SUBPART A: GENERAL

Section 840.100 Applicability

a) Except as provided in subsection (b) and (c) of this Section, this Part may be used in lieu of 35 Ill. Adm. Code: Subtitle G, Chapter I, Subchapter i to regulate the recycling of consumer recyclable commodities at material recycling facilities.

1) Material recycling facilities operated in violation of this Part, shall be subject to the applicable requirements of 35 Ill. Adm. Code: Subtitle G, Chapter I, Subchapter i instead of this Part.

2) Activities at material recycling facilities other than the recycling of consumer recyclable commodities shall be subject to the applicable requirements of 35 Ill. Adm. Code: Subtitle G, Chapter I, Subchapter i instead of this Part.

3) If a material recycling facility is located at a site or facility permitted by the Agency under 35 Ill. Adm. Code: Subtitle G, Chapter I, Subchapter i, this Part may not be used to regulate the material recycling facility unless the permit allows regulation of the material recycling facility under this Part. For the purposes of this subsection (a)(3), the terms "site" and "facility" have the meanings given to them in 35 Ill. Adm. Code: Subtitle G, Chapter I, Subchapter i.

b) This Part shall not be used to regulate the following material:

1) Material that is not "waste" as defined in Section 3.535 of the Act;

2) General construction or demolition debris, or clean construction or demolition debris, as defined in Section 3.160(a) and (b) of the Act;

3) Potentially infectious medical waste as defined in 3.360 of the Act;

4) Hazardous waste as defined in 35 Ill. Adm. Code 721.103;

5) Material regulated under the Toxic Substances Control Act [15 U.S.C. ¤ 2601 et seq.];

6) Waste regulated under 35 Ill. Adm. Code 726, 733, 739, 830, 831, 832, or 848;

7) Special Waste as defined in Section 3.475 of the Act, except for waste certified as non-special waste pursuant to Section 22.48 of the Act;

8) Sludge as defined in Section 3.465 of the Act; or

9) Liquid waste.

c) This Part shall not be used to regulate the following activities:

1) The burning or preparation for burning of any material; or

2) The open dumping or disposal of any material.

d) This Part does not apply to the following activities:

1) Recycling within the site where the recyclable commodities being recycled are generated; or

2) The accumulation, distribution, and subsequent use of materials in their ordinary manner of use, including but not limited to the accumulation, distribution, and use of material donated for charitable purposes (e.g., food, clothing, or other items donated to charitable organizations) and the accumulation, distribution, and use of paint under the Agency's "Partners for Waste Paint Solutions" program.

Section 840.105 Compliance

a) The owner or operator of a material recycling facility regulated under this Part shall not cause or allow the material recycling facility to be operated in violation of this Part.

b) Respondents in enforcement actions that raise a claim that a certain material is a recyclable commodity that can be regulated under this Part must demonstrate that there is a current market for the material and that the material otherwise meets the definition of a recyclable commodity regulated under this Part. Information provided as a part of the demonstration shall include, but not be limited to, appropriate documentation showing that the material is being managed in a manner that results in its use (i) as a raw material in place of, or in addition to, a virgin raw material to produce a marketable product, or (ii) in a particular function or application as an effective substitute for a commercial product.

c) Respondents in enforcement actions that raise a claim that Section 840.320(a) or (b) of this Part has not been violated must demonstrate compliance with Section 840.320(a) or (b) of this Part respectively.

Section 840.110 Permit By Rule

The owner or operator of a material recycling facility shall be deemed to have an Agency issued permit for the operation of the material recycling facility so long as it is operated in accordance with this Part. The permit shall not apply to any portion of a material recycling facility, or any material or activity at the material recycling facility, not regulated under this Part.

BOARD NOTE: The siting requirements of Section 39(c) of the Act do not apply to permits deemed issued under this Part.

Section 840.115 Other Regulations

Except as otherwise provided, the requirements of this Part are in addition to other applicable requirements of the Act, Board regulations, and Agency regulations. In cases of conflict, applicability will be determined on the basis of considerations such as, but not limited to, the degree to which the language in the Act, Board regulations, or Agency regulations is expressly stated or necessarily implied, United States Environmental Protection Agency program authorization requirements, and the comparative stringency of the regulations.

Section 840.120 Definitions

For the purposes of this Part, except as the context otherwise clearly requires, the words and terms defined in this Section shall have the meanings given herein. Words and terms not defined shall have the meanings otherwise set forth in the Act and regulations adopted thereunder.

"Act" means the Illinois Environmental Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollutions Control Board.

"Collection" means the physical aggregation of recyclable commodities from consuming parties and all activities up to the point of acceptance of the recyclable commodities by a recycling facility.

"Consumer recyclable commodity" means the following recyclable commodities: paper (including but not limited to newspaper, magazines, cardboard, and office paper), glass, plastic, metal cans (including but not limited to aluminum and steel cans), aluminum containers other than cans (including but not limited to pie pans, baking pans, and aluminum foil), and textiles.

"Consuming party" means any person that produces a recyclable commodity.

"Container" means something in which material is held or carried, such as a bin, box, or barrel.

"Day" means calendar day unless otherwise specified.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or hazardous waste, including but not limited to recyclable commodities, into or on any land or water or into any well so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters [415 ILCS 5/3.185]. For the purposes of this Part, recyclable commodities shall be considered disposed of and shall be managed in accordance with the applicable provisions of 35 Ill. Adm. Code: Subtitle G, Chapter I, Subchapter i and the Act if they are accumulated or stored for longer than the time limits set forth in Section 840.325 of this Part, or are accumulated or stored in a manner that renders them unmarketable.

"Drop-off center" means a material recycling facility used only to accept consumer recyclable commodities directly from the consuming party and accumulate or store them for not more than 30 days. Examples of drop-off centers include, but are not limited to, retail businesses or public drop-off areas, other than public drop-off areas at material recycling facilities, where consumer recyclable commodities are collected in drop-off containers.

"Hazardous waste" means hazardous waste as defined in Section 3.220 of the Act.

"Liquid waste" means any waste that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846) incorporated by reference at Section 840.125 of this Part.

"Material recycling facility" means a recycling facility where consumer recyclable commodities are recycled. If activities other than the recycling of consumer recyclable commodities occur at the recycling facility, the material recycling facility shall consist of only the portion of the recycling facility, and the equipment and fixtures at the recycling facility, used in the recycling of consumer recyclable materials.

"Operator" means a person responsible for the operation of a recycling facility.

"Owner" means a person who has an interest, directly or indirectly, in a recycling facility or in land, including a leasehold interest, on which a person operates a recycling facility. The owner is also the operator if there is no other person operating the recycling facility.

"Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns [415 ILCS 5/3.315].

"Process" and "Processing" means recycling other than the acceptance, accumulation, storage, or transfer of a recyclable commodity.

"Putrescible waste" means a waste that contains organic matter capable of being decomposed by microorganisms so as to cause a malodor, gases, or other offensive conditions, or which is capable of providing food for birds and vectors. Putrescible wastes may form a contaminated leachate from microbiological degradation, chemical processes, and physical processes. Putrescible waste includes, but is not limited to, garbage, offal, and dead animals. For the purposes of this Part, paper and textiles recycled in accordance with this Part are considered non-putrescible waste.

"Recyclable commodity" means a non-hazardous, non-special, non-putrescible waste that is recycled separately from hazardous, special, putrescible, and non-recyclable waste in a manner that will result in its use (i) as a raw material in place of, or in addition to, a virgin raw material to produce a marketable product, or (ii) in a particular function or application as an effective substitute for a commercial product.

"Recycle" and "Recycling" means the management of a recyclable commodity in a manner that results in its use (i) as a raw material in place of, or in addition to, a virgin raw material to produce a marketable product, or (ii) in a particular function or application as an effective substitute for a commercial product. Recycle or recycling includes, but is not limited to, accepting, accumulating, storing, transferring, or processing a recyclable commodity. Recycle or recycling does not include the following:a. The physical alteration of a recyclable commodity, including but not limited to compacting, crushing, baling, chipping, or shredding, for purposes other than to facilitate its transportation or marketability. b. The collection of a recyclable commodity; orc. The management of a recyclable commodity by a person using it (i) as a raw material in place of, or in addition to, a virgin raw material to produce a marketable product, or (ii) in a particular function or application as an effective substitute for a commercial product.

"Recycling facility" means a site and all equipment and fixtures at the site used in recycling. A recycling facility consists of an entire recycling operation. All structures used in connection with or to facilitate the recycling operation shall be considered a part of the recycling facility.

"Special waste" means special waste as defined in Section 3.475 of the Act.

"Storage" means containment, either on a temporary basis or for a period of years, in a manner that does not constitute disposal.

"Textile" means any material that is woven, knitted, felted, or otherwise produced from any natural or man-made fiber, or a substitute therefore, or combination thereof. Examples of textiles include, but are not limited to, cloth, fabric, clothing, linens, towels, rags, rugs, carpets, or shoes.

"Waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or coal combustion by-products as defined in Section 3.94, or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, or source, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto [415 ILCS 5/3.535].

Section 840.125 Incorporation by Reference

a) The Board incorporates the following documents by reference for the purposes of this Part:

GPO. Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402, 202/783-3238, www.gpo.gov:

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA Pub. No. SW-846 (Third Edition, September 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), and IIIA (April 1998), Document Number 955-001-00000-1.

b) This Section incorporates no later amendments or editions.

Section 840.130 Severability

If any section, subsection, sentence, or clause of this Part shall be adjudged unconstitutional, invalid, or otherwise not effective for any reason, such adjudication shall not affect the validity of this Part, or any section, subsection, sentence, or clause of this Part not adjudged unconstitutional, invalid, or otherwise not effective.

SUBPART B: DROP-OFF CENTERS

Section 840.200 Applicability of Subpart

This Subpart B may be used in lieu of Subpart C of this Part to regulate drop-off centers. An owner or operator of a drop-off center operated pursuant to this Subpart B shall not cause or allow the drop-off center to be operated in violation of this Part.

Section 840.205 Operating Standards

a) The drop-off center shall be used only to accept consumer recyclable commodities and accumulate or store them for not more than 30 days after their receipt. In any action to enforce the requirements of this subsection (b), the Act, or 35 Ill. Adm. Code: Subtitle G, drop-off center owners and operators shall have the burden of proving compliance with the 30-day time limit.

b) Consumer recyclable commodities shall be accepted only from the consuming party.

c) The types of consumer recyclable commodities accepted at the drop-off center and the containers in which they are accepted shall be clearly identified.

d) Consumer recyclable commodities shall be accepted, accumulated, or stored in containers that protects their marketability.

e) The drop-off center shall be operated in a safe, sanitary, and litter-free manner that protects human health and the environment.

f) Litter shall be prevented from exiting the drop-off center.

g) All drop-off center equipment shall be kept clean and maintained in good working order.

h) Dust, odors, noise, and other nuisances resulting from the operation of the drop-off center shall be minimized to the greatest extent practicable.

i) Contact between consumer recyclable commodities and disease vectors or other nuisance organisms shall be prevented.

j) Accumulation of surface water in areas where consumer recyclable commodities are accepted, accumulated, or stored shall be prevented.

k) Consumer recyclable commodities or other material shall not be disposed of at the drop-off center.

l) Drop-off center owners and operators shall not process recyclable commodities at a drop-off center.

Section 840.210 Closure Standards

a) A drop-off center shall be deemed to cease operations on the date consumer recyclable commodities are no longer accepted at the drop-off center.

b) Within 30 days after a drop-off center ceases operations, all consumer recyclable commodities and all visible residue resulting from the operation of the drop-off center shall be removed. In any action to enforce the requirements of this subsection (b), the Act, or 35 Ill. Adm. Code: Subtitle G, drop-off center owners and operators shall have the burden of proving compliance with the 30-day time limit.

SUBPART C: MATERIAL RECYCLING FACILITIES

Section 840.300 Applicability of Subpart

This Subpart C applies to owners and operators of material recycling facilities other than drop-off centers operated in accordance with Subpart B of this Part.

Section 840.305 Registration

a) Material recycling facilities shall be registered with the Agency on or before the following dates, and shall thereafter be registered with the Agency annually prior to January 31 of each year:

1) A material recycling facility where consumer recyclable commodities are recycled prior to the effective date of this Part shall be registered with the Agency within 180 days after the effective date of this Part.

2) A material recycling facility where consumer recyclable commodities are first recycled on or after the effective date of this Part shall be registered with the Agency prior to the first date consumer recyclable commodities are recycled at the material recycling facility.

b) Material recycling facilities shall be registered with the Agency by the submission of a complete registration form signed by the material recycling facility owner, the material recycling facility operator, and the site owner.

1) Within 60 days after the Agency's receipt of a registration form the Agency shall determine whether the form is complete. If the Agency determines that the registration form is complete, the Agency shall provide written notification of the form's completeness to the material recycling facility owner or operator. The material recycling facility shall be considered registered upon the date of the Agency's notification. If the Agency determines that the registration form is incomplete, the Agency shall provide the applicant with written notification of the form's deficiencies.

2) The registration form shall be in a format prescribed and provided by the Agency. The Agency may, but is not required to, prescribe an electronic registration format.

Section 840.310 Prohibitions

a) No person shall cause or allow the open dumping or disposal of recyclable commodities or other waste at a material recycling facility.

b) No person shall cause or allow the burning, including but not limited to open burning or burning for energy recovery, or preparation for burning of recyclable commodities or other waste at a material recycling facility.

Section 840.315 General Operating Standards

a) The material recycling facility shall be operated in a safe, sanitary, and litter free manner that protects human health and the environment.

b) Litter shall be prevented from exiting the material recycling facility.

c) All material recycling facility equipment shall be kept clean and maintained in good working order.

d) Dust, odors, noise, and other nuisances resulting from the operation of the material recycling facility shall be minimized to the greatest extent practicable.

e) Contact between consumer recyclable commodities and disease vectors or other nuisance organisms shall be prevented.

f) Accumulation of surface water in areas where consumer recyclable commodities are recycled shall be prevented.

g) Unauthorized entry into the material recycling facility shall be prevented.

1) Measures to prevent unauthorized entry shall include, but are not limited to, appropriate signs located at entrances and other locations in a sufficient number and size to be seen from any approach to the material recycling facility, and may include fencing where appropriate.

2) If consumer recyclable commodities are accepted directly from the public:

A) A designated and clearly identified public consumer recyclable commodities acceptance area that minimizes the potential for accidents and unauthorized entry into non-public areas of the material recycling facility shall be provided; and

B) The types of consumer recyclable commodities accepted from the public and the containers in which they are accepted shall be clearly identified.

h) If the material recycling facility is located on a site where activities other than the recycling of consumer recyclable commodities occur, the recycling of consumer recyclable commodities shall be kept separate from all other activities at the site.

i) If material that will not be recycled at the material recycling facility is discovered, the material shall be placed in a container by the end of the operating day, accumulated or stored separately from material being recycled, and properly disposed of within seven days after its receipt.

j) A plan designed to ensure compliance with Sections 840.320 (a) and (b) of this Part shall be maintained at the material recycling facility. The plan shall be implemented whenever the owner or operator determines that a violation of Section 840.320 (a) or (b) of this Part has occurred or will occur. The plan shall include, but not be limited to, the implementation of a random load checking program or other quality assurance program, appropriate customer education, and training of material recycling facility and delivery personnel.

Section 840.320 Receipt and Handling

a) A load shall not be accepted at a material recycling facility if more than 20% of the load, by weight, consists of material that is not recycled at the material recycling facility. If material at the material recycling facility is measured by volume instead of weight, the weight of the material shall be calculated using the conversion ratio(s) required under Section 840.340(b) of this Part.

b) No more than 10% of the material accepted at a material recycling facility during a calendar year, by weight, shall be material that is not recycled at the facility. If material at the material recycling facility is measured by volume instead of weight, the weight of the material shall be calculated using the conversion ratio(s) required under Section 840.340(b) of this Part. At the end of each calendar quarter the acceptance rates for material that is not recycled at the material recycling facility shall be evaluated to determine whether a violation of this subsection (b) will occur. If after an evaluation the owner or operator determines that a violation of this subsection (b) will occur, the owner or operator shall take actions necessary to prevent a violation. Such actions shall include, but not be limited to, implementation of the plan required by Section 840.315(j) of this Part.

c) If a violation of subsection (b) of this Section occurs, on or before January 31 following the calendar year in which the violation occurs the owner or operator shall provide written notification of the violation to the Agency. The notification shall include a description of the action taken, or that will be taken, to ensure that another violation of subsection (b) of this Section does not occur.

d) Consumer recyclable commodities shall not be processed at the material recycling facility, except as follows:

1) Consumer recyclable commodities may be sorted or separated from material that is not being recycled at the facility or from other types of recyclable commodities;

2) Consumer recyclable commodities may be sorted or separated into different categories, such as type, grade, or color; or

3) Consumer recyclable commodities may be physically altered for the purposes of facilitating their transportation or marketability, including but not limited to altering by compaction, crushing, baling, chipping, or shredding.

Section 840.325 Accumulation and Storage

a) Consumer recyclable commodities shall be accumulated or stored in a manner that protects their marketability.

b) Consumer recyclable commodities shall not be accumulated or stored for more than 180 days after their receipt, unless a longer period is necessary to accumulate a transportable quantity. In no case, however, shall consumer recyclable commodities be accumulated or stored for more than one year after their receipt.

Section 840.330 Emergency Response

The telephone numbers of emergency response personnel, including but not limited to the local fire department, the local police department, and the emergency coordinator for the material recycling facility, shall be clearly posted at the material recycling facility.

Section 840.335 Personnel Training

All employees and other persons working at the material recycling facility shall be thoroughly familiar with the material recycling facility's operating procedures, including but not limited to recycling procedures and emergency response procedures, relative to their responsibilities at the material recycling facility.

Section 840.340 Record Requirements

A record accounting for all material accepted at the material recycling facility shall be maintained. The name, address, and Agency designated site number of the material recycling facility shall be listed clearly at the top of each page of the record.

a) The following information shall be recorded in the record at the end of each operating day:

1) The total amount, by weight, of material accepted at the material recycling facility during the day;

2) The total amount, by weight, of consumer recyclable commodities being recycled that are transported from the material recycling facility during the day;

3) The total amount, by weight, of material not being recycled, including but not limited to consumer recyclable commodities that are not being recycled, that is transported from the material recycling facility during the day;

4) The date; and

5) The printed name and signature of the person recording the information.

b) If material at a material recycling facility is measured by volume instead of by weight, the following shall apply:

1) The owner or operator shall use an accurate conversion ratio to convert volumes to weight;

2) The amounts recorded under subsections (a)(1), (2), and (3) of this Section shall include the total volume of material as well as the total weight; and

3) The record shall contain the conversion ratio(s) used to convert the volumes to weight.

Section 840.345 Record Retention

All records required under this Subpart C shall be retained until the completion of a material recycling facility's closure or until the resolution of any enforcement action related to the material recycling facility, whichever is later. The records shall include, but are not limited to, copies of the registration approval letters issued by the Agency pursuant to Section 840.305 of this Part, the records required under Section 840.340 of this Part, and any notification required under Section 840.350(a) of this Part. The records shall be made available at the facility for inspection and copying during normal business hours.

Section 840.350 Closure

a) Within seven days after a material recycling facility stops accepting consumer recyclable commodities the owner or operator shall notify the Agency in writing of the date the acceptance of consumer recyclable commodities ceased. The notification shall be in a format prescribed and provided by the Agency, and shall be signed by the owner or operator. The Agency may, but is not required to, prescribe an electronic notification format.

b) Within 90 days after a material recycling facility stops accepting consumer recyclable commodities all consumer recyclable commodities and all visible residue resulting from the recycling of consumer recyclable commodities shall be removed from the facility.