ILLINOIS POLLUTION CONTROL BOARD
August
24,
1995
IN THE MATTER OF:
)
AMENDMENTS TO 35 ILL. ADM. CODE
)
R95-9
810.103
(SOLID WASTE DISPOSAL
)
(Rulemaking
—
Land)
GENERAL PROVISION)
CONCERNING
)
ON-FARM
DISPOSAL
OF
DEAD
ANIMALS
)
Proposed
Rule.
Second Notice.
OPINION
AND
ORDER OF THE BOARD
(by R. C. Flemal):
This matter comes before the Board upon a proposal to amend
the Board’s solid waste disposal regulations jointly filed by the
Illinois Farm Bureau, Illinois Beef Association, Illinois Lamb
and Wool Producers,
Inc.,
Illinois Milk Producers Association,
and the Illinois Pork Producers Association
(joint proponents).
The joint proponents request that the Board’s solid waste
disposal regulations be amended to clarify that an on—farm site
used for the burial disposal of dead animals, where the disposal
is conducted in accordance with the Illinois Dead Animal Disposal
Act (225 ILCS 610/1 et
seq.),
does not constitute a landfill
subject to the Board’s regulations governing landfills.
The Board’s responsibility in this matter arises from the
Environmental Protection Act
(Act)
(415 ILCS 5/1 et seq.
(1994)).
The Board is charged therein to “determine, define and implement
the environmental control standards applicable in the State of
Illinois”
(415 ILCS 5/5(b)).
More generally, the Board’s
rulemaking charge is based on the system of checks and balances
integral to Illinois environmental governance:
the Board bears
responsibility for the rulemaking and principal adjudicatory
functions; the Agency has primary responsibility for
administration of the Act and the Board’s regulations.
By today’s action the Board adopts the proposed amendments
for the purpose of second notice, pursuant to the Illinois
Administrative Procedure Act
(5 ILCS 100/1—1 et
seq.
(1994)).
This matter will now be filed with the Joint Committee on
Administrative Rules
(JCAR)
for consideration by that body’.
‘
JCAR staff has as of this date undertaken a preliminary
review of the text of today’s proposal.
Based on that review,
JCAR
has communicated to the Board suggestions for several
typographical changes in the wording of the first notice text.
These changes are incorporated into today’s second notice text.
—2—
PROCEDURAL HISTORY
The joint proponents filed their proposal on February
2,
1995.
By order of February
16,
1995 the Board accepted the
proposal for hearing and granted joint proponents’ motion to
substitute membership certifications in lieu of 200 signatures.
On February 17,
1995 the hearing officer issued an order
establishing the hearing schedule.
Hearings were held before hearing officer Audrey Lozuk—
Lawless in DeKalb on April 3,
1995 and in Springfield on April
10,
19952.
Testimony was presented by the joint proponents, the
Illinois Environmental Protection Agency
(Agency), and the
Illinois Department of Agriculture
(Department).
The joint
proponents presented Nancy Erickson, Jack Fisher, Allan Ayes, and
Randy Sims on behalf of the Illinois Farm Bureau; Roger Brown on
behalf of the Illinois Pork Producers Association; Kenneth McPeek
and Jim Fraley on behalf of the Illinois Milk Producers
Association; Jamie Willrett and Scott Torrance on behalf of the
Illinois Beef Association; and Joe Pickrell on behalf of the
Illinois Wool and Lamb Producers.
Dave Bateman presented
testimony on own behalf as a livestock producer.
A.G. Taylor
presented testimony on behalf of the Agency and Dr. David Browell
testified on behalf of the Department.
All witnesses spoke in
support of the proposal.
By order of May 18,
1995 the Board adopted the joint
proponents proposal for purpose of first notice.
First notice
publication occurred in the
Illinois Register
Vol.
19,
p.
7502,
on June 9,
1995.
The forty—five day public comment period
prescribed
under
the APA expired on July 24,
1995.
The Board has received three public comments (PC), all of
which were filed during the post-first notice comment period.
The Illinois Beef Association in PC #1 notes its continued active
support for adoption of the today’s amendments.
By PC #2 the
Illinois Pork Producers Association affirms its support of the
amendments and reiterates its belief that the best and most
economical method of disposal of dead animals is by burial.
In
PC #3 the Illinois Farm Bureau urges the Board to move quickly to
adopt today’s amendments, and reiterates
its belief that the
proposed language helps to make disposal of dead animals more
logical, economically feasible, and efficient for livestock
producers.
They do not alter the substance of any of the existing or
proposed text.
2
Transcripts of the two hearings are cited herein
respectively as “Tr.l” and “Tr.2”.
—3—
OVERVIEW
The Illinois General Assembly has long recognized that
proper disposal of dead animals is a matter of public interest.
Pursuant thereto, the General Assembly has enacted, and amended
as warranted, the Illinois Dead Animal Disposal Act3.
The
Illinois Dead Animal Disposal Act is administered by the
Department.
The disposal of dead animals is further governed by
regulations adopted by the Department under authorities granted
to it in the Illinois Dead Animal Disposal Act.
These
regulations are found at 8 Ill. Adm. Code 90.
At particular issue in the instant matter are the
Department’s
regulations
found at 8 Ill. Adm. Code 90.11O(b1,
which
deal
with
on—farm
disposal
of
dead
animals
via
burial.
The Board also has various regulations governing disposal
via burial.
These occur in the Board’s solid waste management
regulations, including 35 Ill. Adm. Code 810 et
seq.,
that
principally govern landfills and landfilling.
The purpose of today’s proposed amendments is to clarify the
relationship between the Department’s on—farm dead animal
disposal regulations and the Board’s landfill regulations.
The
purpose is to clarify that on-farm sites where burial disposal is
conducted in accordance with the Illinois Dead Animal Disposal
Act, and regulations promulgated thereto, are not landfills
subject also to the Board’s landfill regulations5.
The substance of the proposal consists of the addition of
one definition, and the modification of two others, at 35 Ill.
Adm. Code 810.103.
Section 810.103 contains definitions
generally applicable within the Board’s solid waste disposal
‘
The Illinois Dead Animal Disposal Act was originally
adopted in 1941.
It was most recently amended effective January
1,
1994.
~ Section
90.110
also addresses on—farm disposal via
incineration and composting.
Section 90.110
was
most
recently
amended effective September 16,
1994.
~ The Board observes that on—farm disposal of dead animals
that is not conducted in accordance with the Dead Animal Disposal
Act would be an action subject to enforcement under the Dead
Animal Disposal Act and the Department regulations.
Moreover,
such
disposal
would
~
be exempt from regulation under the
Board’s
solid
waste
disposal
regulations,
and enforcement could
also
follow
from
that
cause.
—4—
regulations.
The added definition is for a “dead animal disposal
site”, which is proposed to be defined by:
“Dead animal disposal site” means an on—the—farm
disposal site at which the burial of dead animals is
done in accordance with the Illinois Dead Animal
Disposal Act, 225 ILCS 610,
see6 P.A. 88—133, effective
January 1,
1994, and regulations adopted pursuant
thereto,
8 Ill. Adm. Code 90.
The modified definitions are “landfill” and “municipal solid
waste landfill unit”.
Dead animal disposal sites would be
excluded from each of these definitions, and thereby from
regulation as either a landfill or municipal solid waste landfill
unit.
JUSTIFICATION FOR PROPOSED AMENDMENTS
History
Need for the instant action was originally raised among the
joint proponents when it was observed that the Board’s solid
waste disposal regulations allowed for a reading that on—farm
disposal of dead animals via burial might cause the Board’s
landfill regulations to come into play.
(Tr.1 at 17.)
This
raised further concerns among the joint proponents that their
constituent membership might face prohibitive expenses in
complying with the landfill regulations, or alternatively face
prosecution.
(Tr.l at 17—18.)
A particular provision of the Board’s solid waste
regulations of concern to joint petitioners is the definition of
“putrescible waste”7 at 35 Ill. Adm. Code 810.103, which contains
the statement:
Putrescible waste includes, but is not limited to,
garbage,
offal, dead animals, general household waste,
and commercial waste.
(emphasis added)
Joint petitioners contend that in 1990 when the Board’s
current solid waste disposal regulations
(including the
definition of putrescible waste) were being formulated, the
livestock community was advised that the regulations were
intended to address only dead animals going into municipal
6
The phrase “see P.A.
88—133” found in today’s language had
been “as amended by P.A. 88-133” in the first notice proposal.
The
change is made today at the recommendation of JCAR staff.
~ Putrescible waste is one of the main categories of waste
governed by the Board’s landfill regulations.
—5—
landfills.
(Tr.1 at 17.)
The joint proponents i~everthe1ess
believed that greater clarification was needed.
(Tr.1 at 18.)
The initial regulatory action undertaken by the joint
proponents was to seek amendment of the Department’s animal
disposal regulations at 8
Ill. Adm. Code 90.
(Tr.l at 19.)
This
included putting into place the current on-farm burial
regulations at 90.110(b).
Provisions at 90.110(b)
include:
restriction of burial to premises owned or operated by the owner
of the dead animal; requiring burial sites to have a minimum of
200 or 400 foot setbacks from streams,
wells, and other water
sources; requiring a minimum setback from residences; imposition
of measures to minimize disease and nuisance vectors and soil
erosion; imposition of final cover and slope requirements;
authorization of site inspection by the Department; and
limitations
on the number of animals that can be buried per site
and
area
over
time.
The joint proponents, the Department, and the Agency all
agree that the provisions at 90.110(b)
offer sufficient
environmental protection for on—farm disposal such that any
additional requirements that would flow from the Board’s solid
waste disposal regulations
(e.g., landfill permits,
liners,
leachate collection systems, groundwater monitoring) are not only
burdensome, but unnecessary.
(Tr.1 at 26.)
Disposal
Options
Death
of
animals
is
an
unwelcome but integral element of any
livestock
operation.
(Tr.1
at
31,
53;
Tr.2
at
25—26.)
Annual
on-farm losses of livestock are typically 1
to 4,
depending
upon the type of animal and operation.
(Tr.1 at 27, 37.)
There are a number of potential options available for the
disposal of dead animals.
These include rendering,
incineration,
composting, off-site burial disposal, and on-site burial
disposal.
Rendering was once a principal method of disposal of dead
animals.
It was accomplished by commercial renders who provided
at—farm pickup services.
However, due to a lack of demand for
animal by—products, few renderers remain in business
(Tr.
1 at
28,
33,
62),
and even these provide a service limited to only
certain types of animals and pickup opportunities
(Tr.1 at 28,
41,
48; Tr.2 at 17.)
At present there is no renderer operating
out of the entire northern half of the State.
(Tr.1 at 89.)
Accordingly, disposal via rendering is of limited prospect for
many livestock producers.
Disposal via incineration in a permitted incinerator is
allowed by regulation, but is generally not economical.
(Tr.1 at
62.)
Capitalization alone for an approvable incinerator ranges
from $12,000 to $20,000.
(Tr.1 at 29,
32.)
In addition, there
—6—
are substantial operation costs and the need to obtain and
maintain operating permits.
(Tr.1 at 32-33; Tr.2 at 30.)
Composting regulations are currently under development.
At
this juncture, however,
it would not appear that composting will
be a viable disposal mechanism for other than quite small animals
(e.g., chickens, newborn pigs)
and fish.
(Tr.1 at 49, 63.)
Off—site burial disposal of dead livestock may be undertaken
only at permitted landfills, pursuant to the Board’s solid waste
disposal regulations.
While
disposal at landfills is the
acceptable disposal method for some livestock producers, it is
not workable for many others due to the high cost of
transportation and tipping, as well as the refusal of many
landfills to even accept dead animals.
(Tr.1 at 28,
50; Tr2 at
18, 25.)
By elimination, the only economical and practical method of
disposal available to many producers is on-farm burial.
Moreover, on—farm burial disposal has the advantage of allowing
for timely disposal, which is an important factor in disease
control.
(Tr.1 at 31,
34; Tr.2 at 24.)
CONCLUSION
The Board believes, as the joint proponents, Department, and
Agency all contend, that on—farm burial conducted in accordance
with the Dead Animal Disposal Act and the Department’s attendant
regulations
is
environmentally
sound.
The Board further observes that it was never our intention
to have properly conducted,
on—farm disposal of dead animals come
under the jurisdiction of our landfill regulations.
We agree
with the joint proponents that the panoply of requirements
demanded for the proper construction and operation of a solid
waste landfill are unnecessary and unwarranted for the type of
on—farm burial disposal of concern to the joint proponents.
Accordingly, we today find that the record before us
justifies adopting the joint proponents’ proposal for second
notice.
ORDER
The Board hereby directs that second notice of the following
proposed amendments be submitted to the Joint Committee on
Administrative Rules.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE
DISPOSAL
—7—
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
i:
SOLID WASTE
AND
SPECIAL WASTE
HAULING
PART 810
SOLID WASTE DISPOSAL:
GENERAL
PROVISIONS
Section
810.101
Scope and Applicability
810.102
Severability
810.103
Definitions
810.104
Incorporations by Reference
AUTHORITY:
Implementing
Sections
5,
21,
21.1,
22
and
22.17,
and
authorized
by
Section
27,
of
the
Environmental
Protection
Act
(Ill. Rev. Stat.
1991,
ch.
111½,
pars.
1005,
1021,
1021.1,
1022,
1022.17 and 1027)
415
ILCS 5/5,
21,
21.1,
22,
22.17 and 27).
SOURCE:
Adopted in R88-7 at 14
Ill. Reg.
15838, effective
September 18,
1990; amended in R93-10 at 18 Ill. Reg.
1268,
effective January 13,
1994; amended in R90—26 at 18 Ill. Reg.
12457,
effective August
1,
1994; amended in R95—9 at 19 Ill. Reg.
effective
_______________________
NOTE:
Capitalization indicates statutory language.
Section 810.103
Definitions
Except as stated in this Section, or unless a different meaning
of a word or term is clear from the context, the definition of
words or terms in this Part shall be the same as that applied to
the
same
words
or
terms
in
the Environmental Protection Act
(Act)
(Ill. Rev.
Stat.
1991,
ch.
111½, pars.
1001 et.
seq.)
415
ILCS
5:
“Act”
means
the
Environmental
Protection
Act,
Ill.
Rev.
Stat.
1991,
ch.
111½, pars.
1001 et.
seq
415
ILCS 5.
“Admixtures” are chemicals added to earth materials to
improve
for
a
specific
application
the
physical
or
chemical properties of the earth materials.
Admixtures
include, but are not limited to:
lime, cement,
bentonite
and
sodium
silicate.
“AGENCY”
IS
THE
ENVIRONMENTAL
PROTECTION
AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.
(Section
3.08 of the Act.)
“Applicant” means the person, submitting an application
to
the
Agency
for
a
permit
for
a
solid
waste
disposal
facility.
“AQUIFER”
MEANS
SATURATED
(WITH
GROUNDWATER)
SOILS
AND
GEOLOGIC
MATERIALS
WHICH
ARE
SUFFICIENTLY
PERMEABLE
TO
—8—
READILY
YIELD
ECONOMICALLY
USEFUL
QUANTITIES OF WATER
TO
WELLS,
SPRINGS,
OR
STREAMS
UNDER
ORDINARY
HYDRAULIC
GRADIENTS
and
whose
boundaries
can
be
identified
and
mapped
from
hydrogeologic data.
(Section
3 of the
Illinois Groundwater Protection Act (Ill.
Rev. Stat.
1991,
ch.
11.
1/2,
par.
7453)
415
ILCS 55/3)
“Bedrock”
means
the
solid
rock formation immediately
underlying
any
loose
superficial
material
such
as
soil,
alluvium or glacial drift.
“Beneficially usable waste” means any solid waste from
the
steel
and
foundry
industries
that will not
decompose biologically, burn,
serve as food for
vectors,
form
a
gas,
cause
an odor,
or form a leachate
that contains constituents that exceed the limits for
this type of waste as specified at 35 Ill.
Adin.
Code
817.106.
“BOARD” IS THE
POLLUTION CONTROL BOARD ESTABLISHED BY
THE ACT.
(Section 3.04
of
the
Act)
“Borrow area” means an area from which earthen material
is
excavated
for
the
purpose
of constructing daily
cover,
final
cover,
a
liner,
a
gas
venting
system,
roadways or berms.
“Chemical waste” means a non—putrescible solid whose
characteristics are such that any contaminated leachate
is
expected
to
be
formed
through
chemical
or
physical
processes, rather than biological processes, and no gas
is expected to be formed as a result.
“Contaminated leachate” means any leachate whose
constituent violate the standards of
35 Ill.
Adin. Code
811.202.
“Dead animal disposal site” means an on—the—farm
disposal site at which the burial of dead animals is
done in accordance with the Illinois Dead Animal
Disposal Act, 225 ILCS 610, see P.A. 88—133, effective
January
1,
1994,
and regulations adopted pursuant
thereto,
8 Ill. Adm. Code 90.
“Design Period” means that length of time determined by
the
sum
of
the
operating
life
of
the
solid
waste
landfill
facility
plus
the
postclosure care period
necessary
to
stabilize
the
waste
in
the
units.
“DISPOSAL” MEANS THE DISCHARGE,
DEPOSIT, INJECTION,
DUMPING,
SPILLING, LEAKING OR PLACING OF ANY
SOLID
WASTE INTO OR ON ANY LAND OR WATER OR INTO ANY WELL
SUCH
THAT SOLID WASTE OR ANY CONSTITUENT OF THE SOLID
—9—
WASTE MAY ENTER THE ENVIRONMENT
BY
BEING
EMITTED
INTO
THE
AIR
OR
DISCHARGED
INTO
ANY
WATERS, INCLUDING
GROUNDWATER.
(Section 3.08 of the
Act.)
If
the
solid
waste is accumulated and not confined or contained to
prevent its entry into the environment, or there is no
certain plan for its disposal elsewhere, such
accumulation shall constitute disposal.
“Disturbed areas” means those areas within a facility
that have been physically altered during waste disposal
operations or during the construction of any part of
the facility.
“Documentation” means items,
in any tangible form,
whether directly legible or legible with the aid of any
machine or device, including but not limited to
affidavits,
certificates,
deeds,
leases, contracts or
other binding agreements,
licenses, permits,
photographs, audio or video recordings,
maps,
geographic surveys, chemical and mathematical formulas
or equations, mathematical and statistical calculations
and assumptions, research papers, technical reports,
technical designs and design drawings,
stocks, bonds
and financial records, that are used to support facts
or hypotheses.
“Earth liners” means structures constructed from
naturally occurring soil material that has been
compacted to achieve a low permeability.
“Existing facility” or “Existing unit” means a facility
or unit which is not defined in this Section as a new
facility or a new unit.
“EXISTING MSWLF UNIT”
MEANS
ANY
MUNICIPAL
SOLID WASTE
LANDFILL UNIT THAT HAS
RECEIVED HOUSEHOLD WASTE BEFORE
OCTOBER 9,
1993.
(Section 3.87 of the Act)
“Facility” means a site and all equipment and fixtures
on a site used to treat, store or dispose of solid or
special wastes.
A facility consists of an entire solid
or special waste treatment, storage or disposal
operation.
All structures used in connection with or
to facilitate the waste disposal operation shall be
considered a part of the facility.
A facility may
include, but is not limited to, one or more solid waste
disposal units, buildings, treatment systems,
processing and storage operations, and monitoring sta-
tions.
“Field capacity” means that maximum moisture content of
a waste, under field conditions of temperature and
—10—
pressure, above which moisture is released by gravity
drainage.
“Foundry sand” means pure sand or a mixture of sand and
any additives necessary for use of the sand in the
foundry process, but does not include such foundry
process by-products as air pollution control dust or
refractories.
“Gas collection system” means a system of wells,
trenches, pipes and other related ancillary structures
such as manholes, compressor housing, and monitoring
installations that collects and transports the gas
produced in a putrescible waste disposal unit to one or
more gas processing points.
The flow of gas through
such a system may be produced by naturally occurring
gas pressure gradients or may be aided by an induced
draft generated by mechanical means.
“Gas condensate” means the liquid formed as a landfill
gas is cooled or compressed.
“Gas venting system” means a system of wells,
trenches,
pipes and other related structures that vents the gas
produced in a putrescible waste disposal unit to the
atmosphere.
“Geomembranes” means manufactured membrane liners and
barriers of low permeability used to control the migra-
tion of fluids or gases.
“Geotextiles” are permeable manufactured materials used
for purposes which include, but are not limited to,
strengthening soil, providing a filter to prevent
clogging of drains, collecting and draining liquids arid
gases beneath the ground surface.
“GROUNDWATER” MEANS UNDERGROUND WATER
WHICH
OCCURS
WITHIN THE SATURATED ZONE
AND
WITHIN GEOLOGIC
MATERIALS
WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO
OR GREATER
THAN
ATMOSPHERIC PRESSURE.
(Section 3 of
the Illinois Groundwater Protection Act)
“HOUSEHOLD WASTE”
MEANS
ANY
SOLID WASTE
(INCLUDING
GARBAGE, TRASH, AND SANITARY WASTE IN
SEPTIC
TANKS)
DERIVED FROM HOUSEHOLDS
(INCLUDING SINGLE
AND MULTIPLE
RESIDENCES, HOTELS
AND
MOTELS, BUNKHOUSES,
RANGER
STATIONS, CREW QUARTERS, CAMPGROUNDS, PICNIC GROUNDS,
AND DAY-USE RECREATION AREAS).
(Section 3.89 of the
Act)
“Hydraulic barriers” means structures designed to
prevent or control the seepage of water.
Hydraulic
—11—
barriers include, but are not limited to cutoff walls,
slurry walls, grout curtains and liners.
“Inert waste” means any solid waste that will not
decompose biologically, burn,
serve as food for
vectors, form a gas, cause an odor, or form a
contaminated leachate,
as determined in accordance with
Section 811.202(b).
Such inert wastes shall include
only non—biodegradable and non—putrescible solid
wastes.
Inert wastes may include, but are not limited
to,
bricks, masonry and concrete (cured for 60 days or
more).
“Iron slag” means slag.
“Land application unit” means an area where wastes are
agronomically spread over or disked into land or
otherwise applied so as to become incorporated into the
soil surface.
For the purposes of this Part and 35
Ill. Adm. Code 811 through 815,
a land application unit
is not a landfill; however, other Parts of 35 Ill.
Adin.
Code:
Chapter I may apply,
and may include the
permitting requirements of 35 Ill. Adm. Code 309.
“Landfill” means a unit or part of a facility in or on
which waste is placed and accumulated over time for
disposal, and which is not a land application unit,
a
surface impoundment.
a dead animal disposal site or an
underground injection well.
For the purposes of this
Part and 35 Ill. Adm. Code 811 through 815, landfills
include waste piles, as defined in this Section.
“LATERAL EXPANSION”
MEANS
A HORIZONTAL EXPANSION OF THE
ACTUAL WASTE BOUNDARIES OF AN EXISTING
MSWLF
UNIT
OCCURRING ON OR AFTER OCTOBER 9,
1993.
FOR PURPOSES OF
THIS SECTION, A HORIZONTAL EXPANSION IS ANY AREA WHERE
SOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON
THE BOTTOM
LINER
OF THE UNIT,
EXCLUDING SIDE SLOPES ON
OR AFTER OCTOBER
9,
1993.
(Section 3.88 Of the Act)
“Leachate” means liquid that has been or is in direct
contact with a solid waste.
“Lift” means an accumulation of waste which is
compacted into a unit and over which cover is placed.
“Low risk waste” means any solid waste from the steel
and foundry industries that will not decompose
biologically,
burn,
serve as food for vectors, form a
gas,
cause an odor,
or form a leachate that contains
constituents that exceed the limits for this type of
waste as specified at 35 Ill. Adm. Code 817.106.
—12—
“Malodor” means an odor caused by ONE OR MORE
CONTAMINANT
EMISSIONS
INTO
THE
ATMOSPHERE
FROM
A
FACILITY
THAT
IS
IN
SUFFICIENT
QUANTITIES
AND
OF
SUCH
CHARACTERISTICS AND
DURATION
AS
TO
BE
described
as
malodorous
and
which
may
be
INJURIOUS
TO
HUMAN,
PLANT,
OR ANIMAL LIFE,
TO HEALTH, OR TO PROPERTY, OR TO
UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR
PROPERTY.
(Section 3.02 of the Act (defining “air
pollution”))
“MUNICIPAL SOLID WASTE LANDFILL UNIT” OR “MSWLF UNIT”
MEANS
A CONTIGUOUS
AREA
OF
LAND
OR AN EXCAVATION THAT
RECEIVES HOUSEHOLD WASTE,
AND
THAT
IS NOT A
LAND
APPLICATION, SURFACE IMPOUNDMENT,
a dead animal
disposal site. INJECTION WELL, OR ANY PILE OF
NONCONTAINERIZED ACCUMULATIONS OF SOLID, NONFLOWING
WASTE THAT IS USED FOR
TREATMENT
OR STORAGE.
A MSWLF
UNIT
MAY
ALSO RECEIVE OTHER TYPES OF RCRA SUBTITLE D
WASTES, SUCH AS COMMERCIAL SOLID WASTE, NONHAZARDOUS
SLUDGE, SMALL QUANTITY GENERATOR WASTE AND INDUSTRIAL
SOLID WASTE.
SUCH A LANDFILL
MAY
BE PUBLICLY OR
PRIVATELY OWNED OR OPERATED.
A MSWLF UNIT NAY BE A
NEW
MSWLF
UNIT,
AN EXISTING NSWLF UNIT OR A LATERAL
EXPANSION.
A SANITARY LANDFILL IS SUBJECT TO
REGULATION
AS
A
MSWLF IF IT RECEIVES HOUSEHOLD WASTE.
(Section
3.85
of
the
Act)
“National Pollutant Discharge Elimination System” or
“NPDES” means the program for issuing, modifying,
revoking and reissuing, terminating, monitoring and
enforcing permits and imposing and enforcing
pretreatment requirements under the Clean Water Act
(33
U.S.C.
1251 et seq.),
Section 12(f)
of the
Environmental Protection Act and 35 Ill. Adm. Code
309.Subpart A and 310.
“NPDES permit” means a permit issued under the NPDES
program.
“New facility” or “New unit” means a solid waste
landfill facility or a unit at a facility,
if one or
more of the following conditions apply:
It is a landfill or unit exempt from permit
requirements pursuant to Section 21(d) of the Act
that has not yet accepted any waste as of
September 18,
1990;
It is a landfill or unit not exempt from permit
requirements pursuant to Section 21(d)
of the Act
that has no development or operating permit issued
by the Agency pursuant to 35 Ill.
Adin. Code 807 as
of September 18,
1990;
or
—13—
It is a landfill with a unit whose maximum design
capacity or lateral extent is increased after
September 18,
1990.
BOARD
NOTE:
A new unit located in an existing
facility shall be considered a unit subject to 35
Ill. Adm. Code 814, which references applicable
requirements of 35 Ill. Adm. Code 811.
“NEW
MSWLF UNIT” MEANS
ANY
MUNICIPAL SOLID WASTE
LANDFILL UNIT THAT
HAS
RECEIVED HOUSEHOLD WASTE ON OR
AFTER OCTOBER 9, 1993 FOR THE FIRST TIME.
(Section
3.86 of the Act)
“One hundred
(100) year flood plain” means any land
area which is subject to a one percent or greater
chance of flooding in a given year from any source.
“One hundred
(100) year,
24 hour precipitation event”
means a precipitation event of 24 hour duration with a
probable recurrence interval of once in 100 years.
“Operator” means the person responsible for the
operation and maintenance of a solid waste disposal
facility.
“Owner” means a person who has an interest, directly or
indirectly,
in land, including a leasehold interest, on
which a person operates and maintains a solid waste
disposal facility.
The “owner” is the “operator” if
there is no other person who is operating and
maintaining a solid waste disposal facility.
“Perched watertable” means an elevated watertable above
a discontinuous saturated lens, resting on a low
permeability
(such as clay)
layer within a high
permeability
(such as sand)
formation.
“Permit area” means the entire horizontal and vertical
region occupied by a permitted solid waste disposal
facility.
“PERSON” IS
ANY
INDIVIDUAL, PARTNERSHIP, CO-
PARTNERSHIP,
FIRM, COMPANY, CORPORATION, ASSOCIATION,
JOINT STOCK COMPANY, TRUST,
ESTATE, POLITICAL
SUBDIVISION, STATE AGENCY, OR
ANY
OTHER LEGAL ENTITY,
OR THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.
(Section 3.26 of the Act)
“Potentially usable waste” means any solid waste from
the steel and foundry industries that will not
decompose biologically,
burn,
serve as food for
vectors, form a gas, cause an odor, or form a leachate
—14—
that contains constituents that exceed the limits for
this type of waste as specified at 35 Ill. Adm. Code
817.106.
“Professional engineer” means a person who has
registered and obtained a seal pursuant to “the
Professional Engineering Practice Act of 1989”
(Ill.
Rev. Stat 1991,
ch.
111, par. 5201 et seq.) 225
ILCS
325.
“Professional land surveyor” means a person who has
received
a
certificate
of
registration
and
a
seal
pursuant to “the Illinois Professional Land Surveyors
Act of 1989”
(Ill. Rev. Stat.
1991,
ch.
111, par. 3251
et seq.)225
ILCS 330.
“Putrescible waste” means a solid 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, dead animals, general
household waste,
and commercial waste.
All solid
wastes which do not meet the definitions of inert or
chemical wastes shall be considered putrescible wastes.
“Publicly owned treatment works” or “POTW” means a
treatment works that is owned by the State of Illinois
or a unit of local government.
This definition
includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal
sewage or industrial wastewater.
It also includes
sewers, pipes and other conveyances only if they convey
wastewater to a POTW treatment plant.
The term also
means the unit of local government which has
jurisdiction over the indirect discharges to and the
discharges from such a treatment works.
“RESOURCE CONSERVATION RECOVERY ACT” “RCRA”
MEANS
THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
(P.L.
94—580 Codified as 42 USC.
§S
6901 et seq.) AS AMENDED.
(Section 3.90 of the Act)
“Recharge zone” means an area through which water can
enter an aquifer.
“Responsible charge,” when used to refer to a person,
means that the person is normally present at a waste
disposal
site;
directs
the
day-to-day
overall
operation
at the site; and either is the owner or operator or is
—15—
employed by or under contract with the owner or
operator to assure that the day—to—day operations at
the site are carried out in compliance with any Part of
35 Ill. Adm.
Code:
Chapter I governing operations at
waste disposal sites.
“Runoff” means water resulting from precipitation that
flows overland before it enters a defined stream chan-
nel, any portion of such overland flow that infiltrates
into the ground before it reaches the stream channel,
and any precipitation that falls directly into a stream
channel.
“Salvaging” means the return of waste materials to use,
under the supervision of the landfill operator, so long
as the activity is confined to an area remote from the
operating face of the landfill,
it does not interfere
with or otherwise delay the operations of the landfill,
and it results in the removal of all materials for
salvaging from the landfill site daily or separates
them by type and stores them in a manner that does not
create a nuisance, harbor vectors or cause an unsightly
appearance.
“Scavenging” means the removal of materials from a
solid waste management facility or unit which is not
salvaging.
“Seismic Slope S~fetyFactor” means the ratio between
the resisting forces or moments in a slope and the
driving forces or moments that may cause a massive
slope failure during an earthquake or other seismic
event such as an explosion.
“Settlement” means subsidence caused by waste loading,
changes in groundwater level, chemical changes within
the soil and adjacent operations involving excavation.
“Shredding” means the mechanical reduction in particle
sizes of solid waste.
Putrescible waste is considered
shredded if 90 percent of the waste by dry weight
passes a
3 inch sieve.
“Significant Modification” means a modification to an
approved permit issued by the Agency in accordance with
Section 39 of the Act and 35 Ill. Adm. Code 813 that is
required when one or more of the following changes,
considered significant when that change measured by one
or more parameters whose values lie outside the
expected operating range of values as specified in the
permit, are planned, occur or will occur:
—16—
An increase in the capacity of the waste disposal
unit
over
the
permitted
capacity;
Any change in the placement of daily,
intermediate
or final cover;
A decrease in performance, efficiency or longevity
of the liner system;
A decrease in efficiency or performance of the
leachate collection system;
A change in configuration, performance, or
efficiency of the leachate management system;
A change in the final disposition of treated
effluent or in the quality of the discharge from
the leachate treatment or pretreatment system;
Installation of a gas management system, or a
decrease in the efficiency or performance of an
existing gas management system;
A change in the performance or operation of the
surface water control system;
A decrease in the quality or quantity of data from
any environmental monitoring system;
A change in the applicable background concentra-
tions or the maximum allowable predicted
concentrations;
A change in the design or configuration of the
regraded area after development or after final
closure;
A change in the amount or type of postclosure
financial assurance;
Any change in the permit boundary;
A change in the postclosure land use of the
property;
A remedial action necessary to protect
groundwater;
Transfer of the permit to a new operator;
Operating authorization is being sought to place
into service a structure constructed pursuant to a
construction quality assurance program; or
—17—
A change in any requirement set forth as a special
condition in the permit.
“Slag” means the fused agglomerate which separates in
the iron and steel production and floats on the surface
of the molten metal.
“Sole source aquifer” means those aquifers designated
pursuant to Section 1424(e) of the Safe Drinking Water
Act of 1974,
(42 U.S.C 300h—3).
“Solid Waste” means
a waste that is defined in this
Section as an inert waste, as a putrescible waste,
as a
chemical waste or as a special waste, and which is not
also defined as a hazardous waste pursuant to 35 Ill.
Adm. Code 721.
“SPECIAL WASTE” MEANS
ANY
INDUSTRIAL PROCESS WASTE,
POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS
DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35
Ill. Adm. Code 808.
(Section 3.45 of the Act)
“Static Safety Factor” means the ratio between
resisting forces or moments in a slope and the driving
forces or moments that may cause a massive slope
failure.
“Steel slag” means slag.
“Surface impoundment” means a natural topographic
depression,
a man—made excavation,
or a diked area into
which flowing wastes, such as liquid wastes or wastes
containing free liquids, are placed.
For the purposes
of this Part and 35 111. Adm. Code 811 through 815, a
surface impoundment is not a landfill.
Other Parts of
35 Ill.
Adju.
Code:
Chapter I may apply, including the
permitting requirements of 35 Ill.
Adm.
Code 309.
“Twenty-five
(25)
year,
24 hour precipitation event”
means a precipitation event of 24 hour duration with a
probable recurrence interval of once in 25 years.
“Uppermost aquifer” means the first geologic formation
above or below the bottom elevation of
a constructed
liner or wastes, where no liner is present, which is an
aquifer, and includes any lower aquifer that is
hydraulically connected with this aquifer within the
facility’s permit area.
“Unit” means a contiguous area used for solid waste
disposal.
—18—
“Unit
of
local
government”
means
a
unit
of
local
government,
as defined by Article 7, Section
1.
of the
Illinois
Constitution.
A
unit
of
local
government
may
include, but is not limited to,
a municipality,
a
county, or a sanitary district.
“Waste pile” means an area on which non—containerized
masses of solid,
non flowing wastes are placed for
disposal.
For the purposes of this Part and 35 Ill.
Adm. Code 811 through 815,
a waste pile is a landfill,
unless the operator can demonstrate that the wastes are
not accumulated over time for disposal.
At a minimum,
such demonstration shall include photographs, records
or other observable or discernable information,
maintained on a yearly basis, that show that within the
preceding year the waste has been removed for
utilization or disposed elsewhere.
“Waste stabilization” means any chemical, physical or
thermal
treatment
of
waste,
either
alone
or
in
combination with biological processes, which results in
a reduction of microorganisms, including viruses, and
the potential for putrefaction.
“Working face” means any part of a landfill where waste
is being disposed.
“Zone of attenuation” is the three dimensional region
formed by excluding the volume occupied by the waste
placement from the smaller of the volumes resulting
from vertical planes
drawn
to the bottom of the
uppermost aquifer at the property boundary or 100 feet
from the edge of one or more adjacent units.
(Source:
Amended at 19 Ill. Reg.
___________,
effective
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the ab ye opinion and order was
adopted on the
£~9~-day of
_______________,
1995, by a vote
of
7—C)
.
Dorothy M,~iJGunn,Clerk
Illinois Pollution Control Board
