ILLINOIS POLLUTION CONTROL BOARD

September 21, 1995

IN THE MATTER OF:

)

)

AMENDMENTS TO 3b

ILL. ADM.

CODE

)

R95-9

810.103

(SOLID WASTE DISPOSAL

)

(Rulemaking

-

Land)

GENERAL PROVISION)

CONCERNING

)

ON-FARM

DISPOSAL

OF

DEAD

ANIMALS

)

Adonted

Rule.

Final

Order.

OPINION AND

ORDER

OF THE BOARD

(by R.C.

Flemal):

This matter comes before the Board upon a petition to amend

the Board’s solid waste disposal regulations jointly filed by the

Illinois Fan 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 amended its

solid waste disposal regulations 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.

(1994)), 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.

Today the Board adopts the amendments as final and sends the

amendments to the Administrative Code Division of the office of

Secretary of State for publication and assignment of an effective

date pursuant to Section 5 of the Illinois Administrative

Procedure Act

(S TLCS 100/S—40(d)

(1994)).

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

---

-2—

3ubatitute 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 DeKaib on April

3,

1995 and in Springfield on April

10,

1995’.

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

A~sc~ciation;

Jamie Willrett and

scott Porrance 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 Browel.

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

I11inoi~Regicter

Vol. 19, p.

7502,

on June 9,

1995.

The Board received three public comments

(PC) during the

post—first notice comment period, respectively from the Illinois

Beef Association, Illinois Pork Producers Association, and

Illinois Farm Bureau.

In each case, the commenters expressed

their continued support for adoption of the amendments.

By order of

August

24,

1995 the Board adopted the proposal

for

second

notice.

At its meeting on September

12,

1995 the Joint Committee on

Administrative Rules

(JCAR)

voted

no

objection to adoption of the

amendments.

However,

JCAR

recommends, and the Board accepts, two

non—substantive changes intended to eliminate surplus language.

The first is the removal of all citations to Illinois Revised

Statutes2.

The

second is elimination of the phrase “see P.A. 88-

133, effective January

1,

1994” from the definition of “dead

animal disposal site” as proposed for first and second notice.

‘

Transcripts of the two hearings are cited herein

respectively as “Tr.l” and “Tr.2”.

~ Pursuant to Public Act 87—1005, effective January

1,

1993,

the Revised Statutes have been superseded by the Official

Illinois Compiled Statutes (ILCS).

ILCS citations are already

present in the text.

---

—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 90,110(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

Il..

Adm. Code 810 et

seq.,

that

principally govern landfills and landfilling.

The purpoQo of today’s 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

n~

landfills

subject also to the Board’s landfill regulations5.

The substance of the amendments consists of the addition of

one definition, and the modification of two others, at 35 Ill.

~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 not be exempt from regulation under the

Board’s solid waste disposal regulations, and enforcement could

also follow from that cause.

---

—4—

Adia.

Code 81.0.103’.

The

added definition Is for

a “dead animal

disposal site”:

“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, 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 are now

explicitly excluded from each of these definitions, and thereby

from regulation as either a landfill or municipal solid waste

landfill unit.

JUSTIFICATION FOR TODAY’S

AMENDMENTS

History

Need for the instant action originally arose 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..

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.1 at 17-18.)

A particular provision of the Board’s solid waste

regulations of concern to the 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

landfills.

(Tr. 1 at 17.)

The joint proponents nevertheless

believed that greater clarification was needed.

(Tr. 1 at 18.)

6

Section

810.103

houses

definitions

generally

applicable

within the Board’s solid waste disposal regulations.

‘

Putrescible waste is one of the main categories of waste

governed by the Board’s landfill regulations.

---

—5—

The

Initial regulatory action undertaken b~the joint

proponents was to seek amendment of the Department’s animal

disposal regulations at 8 Ill. Adm. Code 90.

(Tr.1 at 19.)

This

included putting into place the current on-farm burial

regulations at 8 Ill

•

Adm. Code 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 or 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 inherent 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,

coinposting, 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 opportunity for

many livestock producers.

Disposal by incineration

in a permitted incinerator is

allowed by regulation, but is generally not economical.

(Tr.l at

62.)

Capitalization alone for an approvable incinerator ranges

from

$12,000 to $20,000.

(Pr.1 at 29,

32.)

In addition, there

are substantial operations costs and the need to obtain and

maintain operating permits.

(Tr.1 at 32-33; Tr.2 at 30.)

---

—6—

Coniposting

regulations

are

currently

under

development.

At

this

juncture,

however,

it

does

not

appear

that

composting

will

be

a

viable

disposal

mechanism

for

other

than

very

small

animals

(e.g.,

chickens, newborn pigs) and fish.

(Tr.l at 49,

63.)

Off-site burial disposal of dead livestock may be undertaken

only at penitted 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.l at 28,

50; Tr.2 at

18,

25.)

By elimination, the only economical and practical method of

disposal available to many producers is on—fan 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 associated regulations

promulgated by the Department is environmentally sound.

The Board concludes that the many requirements demanded for

the proper construction and operation of a solid waste landfill

are unnecessary for the type

of on—farm burial disposal of

concern to the joint proponents.

The Board accordingly concludes

that it is unwarranted that properly conducted, on-fan disposal

of dead animals come under the jurisdiction or our landfill

regulations.

Accordingly, we today find that the record before us

justifies adopting the joint proponents’ proposal as a final

rule.

ORDER

The Board directs that the following amendments be submitted

to the Secretary of State for final notice pursuant to Section 5-

40 of the Illinois Administrative Procedure Act.

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

02

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

i:

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

---

—7—

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 2/, of the Environmental Protection Act

(tll.

Rev. Stat.

1991, oh.

111½,

pars. 1005,

1021,

1021.1,

1023,

1022.17 and 1027) j415 ILCS 5/5,

21,

21.1,

22, 22.17 and 27j.

SOURCE:

Adopted in R88—7 at

14 Ill. Req.

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. Req.

___________,

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 ten

is clear from the context, the definition of

words or tens

in this Part shall be the same as that applied to

the same words or tens

in the Environmental Protection Act

(Act)

(Ill.

Rev. Ctat.

1991,

oh. 111~,parc.

1001 ot. seq.)

415

ILCS

5:

“Act” means the Environmental Protection Act,

Ill. Rcv.

Ctat.

1991,

oh.

111½,

parco~—100lct. ocq 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 penit for a solid waste disposal

facility.

“AQUIFER” MEANS SATURATED

(WITH GROUNDWATER) SOILS AND

GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PEPMEABLE TO

READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER

TO WELLS, SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC

GRADIENTS and whose boundaries can be identified and

---

—8—

mapped from hydrogeologic data.

(Section 3 of the

Illinois Groundwater Protection Act

(Ill.

flcv.

Ctat.

1~1, ch.

111 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 wacte

a~

specified at 35 Ill.

Adm..

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 or 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 ac~c~ordance

with the Iflinoi~Dead Animal

Disposal

Act.

225

ILCS

610.

and

regulations

adopted

pursuant

thereto,

8

Ill.

Adin.

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,

DUNPING, 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

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

---

—9—

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 or 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

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

---

—10—

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 and

gases beneath the ground surface.

“GROUNDWATER”

MEANS UNDERGROUND

WATER

WHICH OCCURS

WITHIN TIlE

SATURATED

ZONE

AND

WITHIN GEOLOGIC MATERIALS

WHERE

THE FLUID PRESSURE IN TEE 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

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

---

—11—

vectors, form a gas, cause an odor,

or rorm 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. Adm.

Code:

Chapter I may apply, and may include the

permitting requirements of 35 111. Mm.

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 impoundment1 a dead animal disposal site or an

underground injection well.

Por 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

MSWLP 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 Or 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 017.106.

“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,

---

—12—

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 ACCUNTJLATIONS OF SOLID, NONFLOWING

WASTE THAT IS USED FOR TREATMENT OR STORAGE.

A MSWLP

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

MAY

BE A

NEW

MSWLF

UNIT,

AN

EXISTING

MSWLF

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.

Adm. Code 807 as

of September 18,

1990; or

Tt is a landfill with a unit whose maximum design

capacity or lateral extent is increased after

September 18,

1990.

---

—13—

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

tacility.

“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

that contains constituents that exceed the limits for

this type of waste as specified at 35 Ill.

Adm. Code

817.106.

---

—14—

“Professional engineer” means a person who has

registered and obtained a seal pursuant to “the

Professional Engineering Practice Act of 1989”

(Ill-.-ET?1 w?477 667 m?508 667 l?S?BT?

Rev. Stat 1991,

oh. 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,

oh.

111,

par.

3251

ct scg.)~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, orral, 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.

“Recharge zone” means an area through which water can

enter an aquifer.

“RESOURCE CONSERVATION RECOVERY ACT” “RCRA” MEANS THE

RESOURCE CONSERVATION AND RECOVERY ACT OF 1976

(P.L.

94—580 Codified as 42 USC.

if 6901 et seq.)

AS

AMENDED.

(Section 3.90 of the Act)

“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

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

---

—15—

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 Safety Factor” 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:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

---

—16—

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 tne

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

A change in any requirement set forth as a special

condition in the permit.

---

-17-

“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 Ill.

Adm.

Code 811 through 815, a

surface impoundment is not a landfill.

Other Parts of

35 Ill. Adm.

Code:

Chapter I may apply, including the

permitting

requirements

of

35

Ill.

AWn.

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.

~

means a contiguous area used for solid waste

disposal.

“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

---

—18—

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 o .inion and order was

adopted onthe

~Q/-’~day

of

_____________,

1995, by a vote

(76~L~4

~,

Dorothy M. 4unn,

Clerk

Illinois P&lflution Control Board