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Treated Wood

1. A Summary of Regulatory Requirements

January 2005

Title V of the Illinois Environmental Protection Act (Act) establishes statutory requirements to ensure that solid waste will be handled in a safe and responsible manner. The requirements found in the Act and the Board's regulations are intended to reduce the occupational and environmental health risks that occur during storage, treatment, transport, transfer, and disposal of solid waste.

The information presented in this fact sheet does not eliminate any person's responsibility to fulfill any legal obligation under the Act or regulations promulgated thereunder.

The purpose of this fact sheet is to provide some of the solid waste requirements, found in both the Act and the Board's regulations. For the complete requirements, please see Title V of the Act and 35 Illinois Administrative Code: Subtitle G.

For additional information on solid waste regulations in Illinois, please contact the Disposal Alternatives Unit at the Illinois Environmental Protection Agency; Bureau of Land; 1021 North Grand Avenue East; P. O. Box 19276; Springfield, Illinois 62794-9276 or call (217) 524-3300.

2. What is treated wood?

Treated wood is wood which has been treated with a preservative so as to resist rot, decay, fungi, and insects.

The following compounds are commonly used to treat wood:

  1. Inorganic copper chromated arsenical (CCA) compounds;
  2. Creosote; and
  3. Pentachlorophenol.

Examples of treated wood waste include:

  1. Railroad ties;
  2. Telephone poles; and
  3. Pressure treated lumber.

3. Is treated wood a special waste?

Treated wood that is weathered and contains no surface deposits or surface staining destined for treatment, storage, disposal, or use as a fuel is a non-special solid waste. The generator is not required to determine if this wood is hazardous.

The generator must make a hazardous waste determination for treated wood destined for treatment, storage, disposal, or use as a fuel that is not weathered or that does contain surface deposits or surface staining. Treated wood suspected of contamination from use must be tested to determine if it is hazardous. If the wood is not hazardous, it is a non-special solid waste.

Treated wood used for landscaping purposes is not a waste until it is intended for disposal.

4. Who can accept treated wood?

No person can accept any hazardous treated wood for purposes of storage, treatment, or disposal without a Resource Conservation and Recovery Act (RCRA) permit.

No person can accept any non-hazardous treated wood for storage, treatment, disposal, or transfer without a state permit issued by the Agency.


  1. A person may accept hazardous treated wood for transfer in less than ten days without a RCRA or state permit. The treated wood must remain enclosed in the containers for the entire time period;
  2. The wood is being accepted to be used for landscaping purposes other than mulch.

5. What are the requirements for burners of treated wood?

A burner may accept treated wood for use as a fuel in a boiler or industrial furnace under the following conditions:

  1. The treated wood is non-hazardous;
  2. The burner has a Bureau of Land Permit for storage and all conditions of the permit are complied with;
  3. The burner has a permit issued by the IEPA Bureau of Air; and
  4. The burner stores the treated wood so as to prevent contaminated run-off.

6. What are the requirements for transporters of treated wood?

No person shall haul or transport any hazardous treated wood within Illinois without a current, valid waste hauling permit issued by the IEPA.


  1. Any person who generates 220 pounds or less of special waste in a calendar month and transports their own waste; or
  2. Household generated waste.

7. Are there manifest and record keeping requirements?

Any person who delivers hazardous treated wood to a permitted special waste hauler shall complete a manifest to accompany the treated wood from delivery to the destination of the treated wood. The generator must also submit an annual report to the IEPA.


  1. The generator generates 220 pounds or less of special waste in a calendar month;