Section 724.414  Special Requirements for Bulk and Containerized Liquids

a)         The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

b)         To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used:  Method 9095B (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).

c)         Containers holding free liquids must not be placed in a landfill unless the following is true:

1)         All free-standing liquid fulfills one of the following:

A)        It has been removed by decanting or other methods;

B)        It has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or

C)        It has been otherwise eliminated; or

2)         The container is very small, such as an ampule; or

3)         The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or

4)         The container is a lab pack, as defined in Section 724.416, and is disposed of in accordance with Section 724.416.

d)         Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable.  Nonbiodegradable sorbents are the following:  materials listed or described in subsection (d)(1); materials that pass one of the tests in subsection (d)(2); or materials that are determined by the Board to be nonbiodegradable through the adjusted standard procedure of 35 Ill. Adm. Code 104.

1)         Nonbiodegradable sorbents are the following:

A)        Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates (clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites, etc.), calcium carbonate (organic free limestone), oxides/hydroxides (alumina, lime, silica (sand), diatomaceous earth, etc.), perlite (volcanic glass), expanded volcanic rock, volcanic ash, cement kiln dust, fly ash, rice hull ash, activated charcoal (activated carbon), etc.); or

B)        High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstrene and tertiary butyl copolymers, etc.). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or

C)        Mixtures of these nonbiodegradable materials.

2)         Tests for nonbiodegradable sorbents are the following:

A)        The sorbent material is determined to be nonbiodegradable under ASTM Method G21-70 (1984a) (Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi), incorporated by reference in 35 Ill. Adm. Code 720.111(a);

B)        The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b) (Standard Practice for Determining Resistance of Plastics to Bacteria), incorporated by reference in 35 Ill. Adm. Code 720.111(a); or

C)        The sorbent material is determined to be non-biodegradable under OECD Guideline for Testing of Chemicals, Method 301B (CO₂ Evolution (Modified Sturm Test)), incorporated by reference in 35 Ill. Adm. Code 720.111(a).

e)         The placement of any liquid that is not a hazardous waste in a hazardous waste landfill is prohibited (35 Ill. Adm. Code 729.311), unless the Board finds that the owner or operator has demonstrated the following in a petition for an adjusted standard pursuant to Section 28.1 of the Act and 35 Ill. Adm. Code 101 and 104:

1)         The only reasonably available alternative to the placement in a hazardous waste landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, that contains or which may reasonably be anticipated to contain hazardous waste; and

2)         Placement in the hazardous waste landfill will not present a risk of contamination of any "underground source of drinking water" (as that term is defined in 35 Ill. Adm. Code 702.110).

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