Ill. Admin. Code tit. 35, § 720.140 - Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis
a) The
Agency may decide on a case-by-case basis that persons accumulating or storing
the recyclable materials described in 35 Ill. Adm. Code
721.106(a)(2)(C)
should be regulated pursuant to 35 Ill. Adm.
Code
721.106(b)
and (c) rather than pursuant to the
provisions of Subpart F of 35 Ill. Adm. Code 726. The basis for this decision
is that the materials are being accumulated or stored in a manner that does not
protect human health and the environment because the materials or their toxic
constituents have not been adequately contained, or because the materials being
accumulated or stored together are incompatible. In making this decision, the
Agency must consider the following factors:
1)
The types of materials accumulated or stored and the amounts accumulated or
stored;
2) The method of
accumulation or storage;
3) The
length of time the materials have been accumulated or stored before being
reclaimed;
4) Whether any
contaminants are being released into the environment, or are likely to be so
released; and
5) Other relevant
factors.
b) The
procedures for this decision are set forth in Section
720.141.
Notes
Amended at 32 Ill. Reg. 11726, effective July 14, 2008
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