ILLINOIS POLLUTION CONTROL BOARD
August
31,
1989
IN THE MATTER OF:
)
GROUNDWATER PROTECTION: REGULATIONS FOR
)
R89-5
EXISTING AND NEW ACTIVITIES WITHIN SET—
BACK ZONES AND REGULATED RECHARGE AREAS
)
(35 ILL. ADM.
CODE 601,
615,
616 AND 617)
)
PROPOSED REGULATIONS
FIRST NOTICE
OPINION AND ORDER OF THE BOARD
(by R.
C.
Flemal):
This matter comes before the Board upon
a regulatory
proposal filed March
13,
1989 by the Illinois Environmental
Protection Agency (“Agency”)
pursuant
to Sections 14.4(b)
and
14.4(d)
of the Illinois Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
1111/2,
par.
1001 et seq.)
(“Act”).
Section 14.4
was enacted
by the Illinois General Assembly as part
of t~e
Illinois Groundwater Protection Act (“IGPA”),
P.A. 85—863
,
effective September 24, 1987.
Sections 14.4(b)
and 14.4(d) mandate inter alia that the
Agency propose and the Board promulgate regulations prescribing
standards and requirements for certain activities within setback
zones
and regulated recharge areas,
as
these terms
are defined
in
the
IGPA.
The set of affected activities includes,
in general,
those
activities which offer significant potential
for producing
groundwater
contamination,
arid which are not otherwise currently
subject
to regulations which limit or eliminate their potential
for producing groundwater contamination.
The
Board
today
adopts
a
proposal
for
First
Notice.
Additionally,
in today’s Opinion the Board presents its
perspective on the merits of the proposal based on the record as
it currently stands.
The Board emphasizes, however,
that among
1
P.A.
85—863
consists of sixteen sections, the first nine of
which constitute a free—standing body of statute found at
Ill.
Rev.
Stat.
1987,
ch.
1111/2, par.
7451
et seq..
Of the remaining
sections, all but the last (effective date provision) provide
amendments
to various pre—existirig statutes.
Amendments
to the
Environmental Protection Act occur
in Section
14
of
P.A.
85—
863.
The term “Groundwater Protection Act”
is commonly used
to
refer
to both the free—standing first nine sections,
and
to
the
full
sixteen sections of P.A.
85—863.
Unless otherwise
specified,
the latter senso lato usage
is employed herein.
102—415
—2—
other matters,
an Economic Impact Study (“EcIS”)
of
the instant
proposal
is under preparation by the Illinois Department of
Energy and Natural Resources
(see Procedural History,
following).
The Board
anticipates that
the EcIS and EcIS
hearings will substantially augment
the existing record.
The
Board believes that taking First Notice action now will assist
the EcIS process
and ultimately expedite identification of the
merits of this proposal.
For this
same reason,
the Board
at
this time does not
contemplate that
it will
take any further
formal action
in this
docket until
after
the EcIS process
is completed.
Accordingly,
as well,
the comment period
in this matter will remain open until
an appropriate
time after
completion of the EcIS prodess,
as will
be specified
in
a
future Hearing Officer order.
Although
today’s proposal
is
unchanged
in overall
intent:
from that origiqally proposed by
the Agency,
the Board has made
certain changes~ in outline
and content.
The substantive changes
among
these
are identified
in
the following discussion.
PROCEDURAL HISTORY
The Agency filed
its proposal
in
the instant matter,
accompanied
by
a Statement of Reasons,
on March
13, 1989.
On April
1,
1989 the Illinois Department
of Energy and
Natural Resources (“DENR”)
filed
a Public Comment
(“PC”) pursuant
to Section
27(a)
of the Act requesting
that the Board determine
that
an EcIS be prepared
for
the instant proposal.
By Order
of
April
27,
1989
the Board
issued
its finding
that an EcIS
should
be prepared.
~erit
hearinqs
wore
held
on
~~1ay16
and
17,
1989
in
~prinqiie~d,
1
1 in~ir~,an9 o~June
1
and
2, l9~9in Chiceq~r
11
i.nOiE.
rd~o
~rinqiie1~
h
rt.nJs
‘.~ore devto:1 t~1~he~~.‘y’n
presentation
of
the proposal
and
to
the public’s and Board’s
questioning
of
the Agency regarding
the rationale
and oper~ions
of
the proposal.
Questioning of
the Agency continued
at
the
Chicago hearings.
Additionally, testimony on behalf of
the
McHenry County Defenders,
Citizens
for
a Better Environment:,
the
Great Lakes Chapter
of
the Sierra Club,
and
the Illinois St~ei
Group
was
received at
the Chicago hearings.
2 hereinafter,
~:henever it
is indicated
that change:~ or
modifications
h~vo
been made
to the proposal,
the r?ierence
i~
with
respect to
the
Agency’s proposal of March
13,
l~)89.
1O~—4i6
—3—
By Hearing Officer Order of June
15, 1989
a post—hearing
comment period was set through August
1,
1989.
Six additional
continents were received during this period:
PC *5 filed by the
Illinois Environmental Regulatory Group (“IERG”),
PC #6 and
*7
filed on behalf of the Illinois Fertilizer and Chemical
Association, Inc.
(“IFCA”), PC #8 filed
by Waste Management of
Illinois,
Inc.,
PC
*9
filed by the Agency,
and PC.
#10 filed by
McHenry County Defenders, Citizens for
a Better Environment, and
the Great La~esChapter
of the Sierra Club (hereinafter
“Defenders”)
STATUTORY FRAMEWORK
The
IGPA
was
enacted
by
the Illinois General Assembly as the
outgrowth of
a long—standing concern by the General Assembly and
the citizenry of the State
for protection of the State’s rich and
valued groundwater
resources.
The IGPA
is
a multi—faceted policy
and program statement designed
to assure
the continued viability
of
the State’s groundwater
resources.
The policy statement is
found
at
Ill.
Rev.
Stat.
1987,
ch.
1111/2,
par.
7452(b):
it is the policy of the State of Illinois
to
restore,
protect,
and
enhance
the
groundwaters
of
the
State,
as
a
natural
and
public
resource.
The
State
recognizes
the essential and pervasive role of
groundwater
in
the
social
and
economic
well—being
of
the
people
of
Illinois,
and
its
vital
importance
to
the general health,
safety,
and welfare.
It
is
further recognized
as consistent with this policy
that the groundwater resources of the State
be
utilized for beneficial
and legitimate purposes;
that
waste and degradation of the resources be prevented;
and
that the underground water resources be managed
to allow
for maximum benefit of the people of the
State of Illinois.
Section 14.4
The particular program statement which
is pertinent to the
instant proceeding occurs within Section 14.4 of the Act.
Section 14.4 prescribes in
its entirety:
Board Note: Although Public Comments
#9 and *10 were timely
received
at the Board’s DeKaib office, simultaneously mailed
copies
were
not
received
at
the
Board’s
Chicago office until
August
7, 1989 due
to apparent difficulties with mail delivery.
The Board
thereby considers these comments
to have been timely
filed.
102—4 17
—4—
a.
No later
than January
1,
1989,
the
Agency,
after
consultation
with
the
Interagency
Coordinating
Committee
on
Groundwater
and
the
Groundwater
Advisory Council,
shall propose regulations
to
the Board prescribing standards and requirements
for
the following activities:
1.
landfilling,
land
treating,
surface
impounding
or piling
of special waste
and
other wastes which could
cause contamination
of groundwater
and which are generated on
the
site,
other
than hazardous,
livestock
and landscape waste, and construction
and
demolition debris;
2.
storage of special waste
in
an underground
storage
tank
for which federal regulatory
requirements
for the protection of
groundwater
are not applicable;
3.
storage and
related handling of pesticides
and fertilizers at
a facility for the
purpose
of commercial application;
4.
storage and related handling of road oils
and dc—icing agents at
a central location;
and
5.
storage
and
related handling of pesticides
and fertilizers
at
a central location
for
the purpose of distribution
to retail sales
outlets.
In
preparing
such
regulation,
the Agency shall
provide
as
it deems
necessary
for
more
strinqent
~‘rov1slor~:~
for
tho~o
activit:ie~
onun~r~tod
in
lri is
sub~.
~ct1on
whica
are
not
al reci~y in
existence.
Any
activity
for
which
such
standards
and requirements
are proposed may be referred to
as
a new activity.
b.
Within
2 years after
the date upon which the
Agency files
the proposed regulations pursuant
to
subsection
(a)
of this Section,
the Board
shall
promulgate appropriate regulations
for existing
activities.
In promulgating
these regulations,
the
Board
shall,
in addition
to
the
factors set
forth
in Ti~1eVII
of this Act,
consider
the
follow
in~
1.
appropriate programs
for water
quality
monitoring;
102—
418
—5—
2.
reporting,
recordkeeping and remedial
response measures;
3.
appropriate technology—based measures
for
pollution control;
and
4.
requirements
for closure or discontinuance
of operations.
Such regulations
as are promulgated pursuant
to
this subsection
shall be for the express purpose
of protecting groundwaters.
The applicability of
such regulations
shall
be limited
to any existing
activity which
is located:
A.
within a setback zone regulated by this
Act,
other
than
an
activity
located
on
the same site as
a non—community water
system well and for which the owner
is
the same for both
the activity and the
well;
or
B.
within
a regulated recharge area
as
delineated by Board regulation,
provided that:
i.
the boundary of the lateral area
of
influence
of
a
community
water
supply well located within the
recharge area includes such
activity therein;
ii.
the
distance
from
the
wellhead
of
the community water
supply
to the
activity does not exceed 2500
feet;
and
iii.
the community water supply well
was
in existence prior
to January
1,
1988.
In
addition,
the Board
shall
ensure that the
promulgated
regulations
are
consistent
with
and
not
pre—emptive
of
the
certification
system
provided
by
Section
14.5.
c.
Concurrently with the action mandated
by
subsection
(a),
the Agency shall evaluate, with
respect
to
the protection of groundwater,
the
adequacy
of
existing
federal
and
State
regulations
regarding
the
disposal
of
hazardous
102—419
—6—
waste
and
the
offsite
disposal
of
special
and
municipal wastes.
The Agency shall
then propose,
as
it
deems
necessary,
additional
regulations
for
such new disposal
activities as may be necessary
to
achieve
a
level
of
groundwater
protection
that
is consistent with the
regulations proposed
under
subsection
(a) of this Section.
d.
Following
receipt
of
proposed
regulations
submitted
by
the
Agency
pursuant
to
subsection
(a)
of
this Section,
the Board
shall promulgate
appropriate regulations
for new activities.
In
promulgating
these regulations,
the Board
shall,
in addition
to the factors
set fbrth
in Title VII
of this Act, consider the following:
1.
appropriate programs
for water quality
monitoring,
including, where appropriate,
notification limitations
to trigger
preventive response activities;
2.
design practices
and technology—based
measures appropriate
for minimizing
the
potential
for groundwater
contamination;
3.
reporting,
recordkeeping and remedial
response measures;
and
4.
requirements
for closure
or discontinuance
of operations.
Such regulations
as are promulgated pursuant
to
this subsection
shall
be
for the express purpose
of protecting groundwaters.
The applicability oF
such regulations
shall
be
limited
to any new
ackivitiy
which
is
to
he
located
wi
thin
a setback
zonc
regulated
by
thin
~\ct,
or
which
is
to
be
located
within
a
regulated
recharge
area
as
delineated
by Board
regulation.
In addition,
the
Board
shall
ensure that the promulgated
regulations are consistent with and not pre-
emptive of
the certification system provided
by
Section
14.5.
e.
Nothing
in
this Section
shall
be construed
as
prohibiting
any person
for whom regulations
are
promulgated
by the Board pursuant
to subsection
(b)
or
(c)
df
this fection,
from proposing
and
obtaining,
concurrc~iliv
with
the
regulations
proposed by th~ Agency pursuant
to subsection
(a)
of this Section,
a
rule
specific
to
individual
persons or sites pursuant
to Title VII
of this
102-420
—7—
Act which codifies alternative groundwater
protection methods that provide substantially
equivalent
protection
for
community
water
supplies.
f.
Nothing
in this Section shall
be construed
as
limiting the power of any county or municipality
to adopt ordinances, which are consistent with
but not more stringent than the regulations
adopted by the Board pursuant to this Section,
for
application
of
standards
and
requirements
within such setback zones
as are provided by this
Act.
g.
The Agency shall prepare
a groundwater protection
regulatory
agenda
for submittal to the
Interagency
Coordinating
Committee
on
Groundwater
and the Groundwater Advisory Council.
In
preparing this agenda, the Agency shall consider
situations where gaps may exist
in federal
or
State
regulatory protection
for groundwater,
or
where further refinements
could be necessary to
achieve adequate protection of groundwater.
h.
Nothing
in this Section shall
be construed as
limiting the general authority of the Board
to
promulgate
regulations
pursuant
to
Title
VII
of
this
Act.
Although
the
instant
proposal
is
being
entertained
pursuant
to
the
mandate
of
Section
14.4,
Section
14.4
sufficiently
interweaves with other
portions of the IGPA that
it
is necessary
to
briefly
discuss
these
related
portions.
Sources
and
Routes
In general usage,
a “source”
of groundwater contamination
is
any activity, facility,
etc.
front which
a contaminant finds
its
way into groundwater.
However,
the IGPA does not define the term
“source”
in
isolation,
but
rather
defines
“potential sources”
of
various
types.
Moreover,
the definitions include only very
specific activities and activity levels, such that the definition
of “potential
source”
as used
in the IGPA and herein
is
substantially more circumscribed than
it
is
in general usage.
The IGPA identifies
two basic
types of potential sources,
potential primary source
at Section 3.59 of the Act and potential
secondary~source at Section 3.60
of the Act.
In each case
a
potential source
is initially identified
as “any unit
at
a
facility or
site not currently subject
to
a removal
or remedial
102—42 1
—8—
actiort”4.
Additionally,
a potential primary source
is
a
potential source which:
1.
is
utilized
for
the
treatment,
storage,
or
disposal
of any hazardous or special waste not
generated at the site;
or
2.
is
utilized
for
the
disposal
of
municipal
waste
not
generated
at
the
site,
other
than
landscape
waste
and construction and demolition debris;
or
3.
is utilized
for the landfilling,
land treating,
surface impounding
or piling of
any hazardous
or
special waste that
is generated
on the site
or
at
other
sites owned,
controlled
or operated by the
same person;
or
4.
stores
or accumulates at any Lime more than
75,000 pounds above ground,
or more
than 7,500
pounds below ground,
of any hazardous substances.
(Act,
Section 3.59)
Conversely,
a potential
secondary source
is
any unit at
a
facility or site not subject
to
a removal
or remedial action,
which
is not a potential primary
source,
and which:
1.
is utilized for the landfilling,
land treating,
or surface
impounding
or waste
that
is generated
on
the site
or
at other
sites owned,
controlled
or operated by the
same person,
other
than
livestock and landscape waste,
and construction
and demolition debris;
or
2.
stores
or accumulates
at
any
time more
than
2~,flflfl
but
not
more
than
7~,000 pounds
abo’jc
oroun1,
or
core
Laun
2,
5O~) but
noh
core
t.hm
7,500 pounds below ground,
of any hazardous
substances;
or
3.
stores
or
accumulates
at
any
time
more
than
25,000 gallons
above ground,
or more
than
500
gallons below ground,
of petroleum,
including
crude
oil
or any fraction thereof which
is not
otherwise specifically listed
or designat:ed
as
a
hazardous substance;
or
Tue
terms
“site”
and “unit”
as used
in
the
stc~utory
deFinitions of potential primary source and poten~.ialnocon~.y
source
are themselves
statutorily defined
at SecLions TL4~
3.62
of the Act.
I 1)2—422
—9—
4.
stores
or accumulates pesticides,
fertilizers,
or
road oils for purposes of commercial application
or
for distribution
to retail
sales outlets;
or
5.
stores or accumulates
at any time more than
50,000 pounds of
any de—icing agent;
or
6.
is utilized
for handling livestock waste or
for
treating
domestic
wastewaters
other
than
private
sewage
disposal
systems
as
defined
in
the
“Private
Sewage
Disposal
Licensing
Act”.
(Act, Section 3.60)
In general usage,
a “route”
of groundwater contamination
is
any conduit through which a contaminant
is transferred from its
source
to groundwater.
As
is the case with “potential source”,
the definition of “potential
route”
is statutorily circumscribed
in the IGPA to include only specific types of routes,
as follows:
“Potential Route” means
abandoned and improperly
plugged wells of all kinds, drainage wells,
all
injection wells,
including closed loop heat pump
wells,
and any excavation
for the discovery,
development or production of
stone, sand or gravel.
(Act,
Section
3.58)
Setback Zones
Setback zone is defined at Section 3.61 of the Act as:
“Setback Zone” means a geographic
area, designated
pursuant to this Act, containing
a potable water
supply well or
a potential source or potential
route,
having
a continuous boundary,
and within which
certain prohibitions or regul~tionsare applicable
in
order
to protect groundwaters
The nature of and various restrictions applied
to setback
zones are expanded upon
in
Sections 14.1,
14.2,
and 14.3 of the
Act.
Section 14.1 establishes
a general prohibition against the
The
term “potable”
used
in this definition
is itself
statutorily defined
at Section 3.65 of the Act.
102—423
—10—
siting of
any new community water
supply well6 within 200
feet of
any potential primary or potential secondary source
or
any
potential
route.
This
prohibition
is
extended
pursuant
to
subsection
(b)
to 400 feet
for
a new community water supply well
“deriving water
from fractured
or highly permeable bedrock
or
from
an
unconsolidated
and
unconfined
sand
and
gravel
formation”.
Section 14.1 thus,
among
other matters, establishes
a
minimum
setback
zone
of
200
or
400
feet
around
potential
groundwater contamination
so9ces,
within
which
the
siting
of
new
community wells is prohibited
Minimum setback
zones
for potable water supply wells and
prohibitions against new sitings within
them are established
in
Section
14.2.
Like
the setback
zones established
for potential
sources
and potential
routes
in Section
14.1,
the basic minimum
setback
zones
for potable water
supply wells are 200 and 400
feet,
depending on
the nature of
the bedrock
or sand and gravel
formation from which
the water
is derived.
The prohibitions
against
new sitings apply
to new potential
routes and new
potential primary or secondary sources.
In these elements,
Section
14.2
is then essentially the mirror
image of Section
14.1,
the former
establishing setbacks around
the water wells,
and the latter establishing setbacks around potential
contamination sources/routes.
Section
14.2, however,
is substantially more expansive than
Section
14.1 with regard
to
the number
of wells covered
and
to
special conditions
and exceptions.
As regards coverage,
the 200—
foot setback
under Section
14.2
initially applies
to all potable
water
supply wells, not just community water
supply wells;
the
400—foot provision remains applicable only
to community water
6 Community and non—community water
supply syst:ems are
the
two
varieties
oF
public
water
SflPOI y
S’StelflS
,
pursuant
to Section
3.2S
oh
hhe Rot.
T~
coroonity \:aer suoly
by doFiurtien
at
Section
3.05
of the Act “serves or
is
intended
to serve
at
least:
15 service connections
used
by
residents or
regularly serves at
least
25
residents”;
a non—community water supply system
is
a
public system which
is not a community system.
Pursuant
to
Section
3.05 non—community water supplies are not subject
to the
provisions
of the Act.
Section
13
of the IGPA establishes
a similar prohibition
against
the siting of new non—community,
semi—private, or private
water wells within
200
feet of any potential
primary or potential
secondary source or ~ny potential
route.
Certain exceptions
nay
apply
for
pr ivate wells where
the owner
of
the
new
well
is
t~he
same
as
the
owner
of
the
potential
source
or
route.
Section
13
of the IGPA
is codified
at Rev.
Stat.
1987,
ch.
fl11/2,
par.
ll6.llGa
(“Illinois Water Well Construct:ion Code”).
102—424
—11—
supply
wells8.
Because community water supply wells
are only
a
small
subset of all potable water supply wells,
the number of
wells governed by the provisions of Section 14.2
is substantially
larger
than
those
addressed
by
Section
14.1.
Among
the
special
conditions
and
exceptions
provided
for
in
Section
14.2
is
provision
at
subsection
(b)
for
the
owner
of
a
potable water
supply well other than
a community well
to waive
the
prohibition
against
siting
of new potential sources/routes.
A
special
provision
at
14.4(b)
also establishes that
in the
circumstance where
a
potable
water
supply
is
part
of
a
private
water
system and the owner
of such well will also
be the owner of
a new potential secondary source or
new potential route,
the
prohibition against siting
a new potential secondary source or
new potential route extends to only
75 feet.
Subsection
(c)
further
allows
the Board
to grant exception
to the prohibition
against
new
sitings
for
certain
types
of
sitings.
Whereas Section 14.2 establishes minimum setback zones
around water supply wells, Section 14.3 establishes provisions
whereby setback
zones may be expanded
to
a maximum zone not to
exceed 1000
feet.
The provision is applicable only to community
water supply wells and requires affirmative action on the part of
the
well
owner
and/or
the
Agency.
The
prohibitions
for
new
siting within maximum setback zones differ from the prohibitions
within minimum setback zones
in that only new potential primary
sources are prohibited in the former.
As
of June
1,
1989 only
one application
to establish
a maximum setback zone had been
received by the Agency
(R.
at 316).
Regulated Recharge Areas
Regulated recharge area
is defined at Section 3.67 of the
Act:
“Regulated Recharge Area” means
a compact geographic
area,
as
determined
by
the
Board,
the
geology
of
which renders a potable resource groundwater
particularly susceptible
to contamination.
The procedures and conditions under
which promulgation of
a
regulated recharge area may be undertaken
are specified at
Sections
17.3
and
17.4
of
the
Act.
Such
promulgation
is
specified as proceeding according to the provisions
for
rulemakings found
at Section 28
of the Act.
8 Section 14.2(d)
requires the Agency
to maintain
a list of
community water
supply wells
to which
the 400—foot setback
is
applicable.
This list has been admitted into
the
instant record
as
Exhibit
11.
102—425
—12—
The
instant proposal sets up
a
separate Part,
Part 617,
into
which adopted regulated
recharge areas are
to
be eventually
placed;
to date,
no proposals for promulgation of
a regulated
recharge area have been received by the Board.
Certification of Minimal
Hazard
Section
14.5
provides
for
a
“certification
of
minimal
hazard”
system
whereby
the
owner
of
any
site
otherwise
covered
by
the 400 foot minimum setback provision
of Section
14.2(d)
or
of
the
provisions
of
Section
14.4
or
regulations
adopted
thereunder
is exempted from the requirements
of these
two pieces
of statute.
This has particular
import
to the
instant proposal,
since
the existence of certification totally exempts
that owner
from all
of the provisions proposed herein.
Section
14.5 establishes
that the certification process
is
initiated by the owner
and
is approved
as
to completeness and
adequacy by the Agency or the Agency’s delegate.
Section
14.5
does not directly address the matter of appeal processes where an
Agency finding on completeness
and adequacy
is adverse.
However,
in response
to
this matter
the Agency notes:
Under Section
14.5(c)
of the Act,
Agency action under
Section l4.5(c)(1)
and
(2)
is
a final determination.
Under Section
5(d)
of the Act,
“t)he
Board
has the
authority
to conduct
hearings
..
.
upon other petitions
for review of final determinations which
are made
pursuant
to
the Act or
Board
rule and which involve
a
subject which
the Board
is authorized
to regulate
(emphasis added).”
Therefore
it can
he argued
that.
Section 5(d)
of the Act authorizes
the Board
to
consider petitions
for review of Agency
final
determinations
under
Section
14.5.
(PC
~t9
at
para.
10).
Water
Quality Standards
for Groundwater
In addition
to
the mandate of Section
14.4,
the IGPA also
contains
a mandate
for
the promulgation
of water quality
standards
as found
at
Ill.
Rev.
Stat.
1987,
ch.
11il/7,
par.
7458.
The groundwater
standards proposal was
to be
~uhciLLc1
to
the Board
by July
1,
1989
and groundwater
standards are
to b~
promulgated by
the Board within two years
of receipt
of the
Agency oroposal.
Given
the current schedule
of matters,
it
is
anticipated
that promulgation of the instant regulations will
precede promulgation
of
the groundwater standards.
Never t.bel ow,
certain
facets
of
the
inst:ant proposal,
particularly
rc:iaLoJ
to
groundwater
monitoring,
may
ultimately
depend
upon
the
notu:s
of
tho
groundwater
quality
standards
which
are
promulgated.
The
Board
is
thus
aware
that
adoption
of
the
new
groundwoter
102—426
—13--
standards could
require some modification of the language
proposed herein.
PROPOSAL OVERVIEW
Due
to
the
complex
nature
of
the
instant
proposal,
the
Board
will first present an overview of the
salient elements of the
proposal.
This
overview
is
then
followed
by
discussion
of
individual Parts
and Subparts of the proposal.
Refinement of the Terms “Activity”
and
“Activities”
A
principal
change
in
the
instant
proposal
is
replacement
of
the
word
“activity”
or
“activities”
as
used
in
the
Agency’s
proposal with the
terms “owner
or operator” and
“unit”
(or,
in
certain
instances,
“site”
or “facility”),
as
is necessary
to
accomplish
the
intended
meaning.
This
is
done
for
several
reasons,
one of which follows because the word “activity” denotes
an
action
(e.g,
landfilling,
surface
impounding),
which
in
turn
connotes
the
existence
of
both
a
person
carrying
out
the
action
(e.g,
an
owner
or
operator)
and
an
object
to
which
the
action
is
directed
(e.g.,
landfills,
surface impoundments).
Indeed,
the
regulations
as proposed by the Agency,
and herein,
impose
requirements on both such persons and such objects.
However,
use
of
the
single word “activity”
to
refer
to both persons and
objects leads
to
a plethora of awkward
and often grammatically
inconsistent constructions.
These constructions are not only
best avoided,
but are likely also to
be unacceptable
to the
Administrative Code Unit.
Additionally, the change
is made
to provide unity between
the
instant
regulations
and
other
federal
and
Board
regulations.
In all other
similar
regulations
the
operative
words
are “owner”, “operator”,
“site”, “facility”,
and “unit”9.
Accordingly,
these are terms which are generally well understood
by both the regulated community and the regulating agencies.
Moreover, they have
a proven record
of utility.
To now replace
these by the less—definite word “activity” would seem to be at
the expense
of this common understanding and utility,
and to
invite unnecessary present and future confusion.
Definitions of “owner”, “operator”,
“site”,
“facility”,
and
“unit”
are provided
in Section 615.102
of the proposal.
These
definitions are identical to
the definitions
found
at
35
Ill.
Adin.
Code 745.102,
35
Ill.
Adm. Code
720.103, Section 3.43 of the
Act,
35
Ill.
Adm. Code 720.102, and Section 3.62 of the Act,
respectively.
102—42 7
—14—
The Board
is aware that Section 14.4 of the Act
itself
most
often uses the word “activity”
to identify both who and what is
to be regulated within the instant rulemaking.
However,
the
Board notes
that the Act and the IGPA also uses the
terms “site”,
“facility”,
or
“unit”
in
identifying the specific objects
to
which groundwater protection
is directed
(e.g.,
Sections 3.59
and
3.60,
and thereby Sections 14.1,
14.2,
14.3,
and 14.5, of the
Act).
The Board therefore finds that the replacement used herein
is consistent with
the usage
of the Act.
Thus,
while
the
term
“activity”
remains
useful
for
describing
the general direction of the proposed regulations,
it
is not
apt for constructions within the regulations themselves.
Accordingly,
as used herein,
the person responsible for
compliance
is identified
as the “owner
or operator”.
Similarly,
the
basic
object
subject
to
regulation
is
the
“unit”.
Thus,
for
example,
the
prohibition
against
use
or
operation found
at
Section
615.402
is
directed
toward
the
owner
or
operator
of
a
landfill unit.
Regulated
Activities
The proposed regulations apply only to
a
limited
set of the
number
of possible activities
within
setback
zones
and
regulated
recharge areas.
This limited
set consists of the activities
listed at Section l4.4(a)(1—~ of the Act.
The activities which
are included are
(1) on—site
landfilling, on—site land
treating, on—site surface
impounding,
and on—site waste piling,
(2)
storing
in underground
tanks,
(3)
storing
and
related
handling of pesticides or
fertilizers,
(4)
storing
and related
handling of road oils,
and
(5)
storing and related handling of
de—icing agents.
The units affected by the regulations are
further
limited
by
exempting
from
this
particular
regulation
certain subclasses of units,
such as most on—site units that are
solely for
the treatment, storage,
and disposal
of hazardous
waste, livestock waste,
landscape waste,
and/or construction and
demolition debris.
Aside from guidance provided
by the list at Section 14.4(a),
controlling factors
in determining which activities would be
regulated under
the instant proposal are
(1) whether the activity
constitutes
a potential source of groundwater contamination and
(2) whether
the activity
is already controlled under
existing
State or Federal regulations
or laws.
10 “On—site”
is defined
in Section 615.102 of the proposal.
The
definition
is
identical to that
found
at
35
Ill. Mm.
Code
702.110.
102—428
—15—
It should be noted that Section 14.4(c)
of the Act contains
a specific mandate
to
the Agency to propose additional
regulations,
beyond those proposed herein,
for control of the
disposal of hazardous wastes and the off—site disposal
of special
and municipal wastes
if, after
required evaluation, existing
State
and
Federal
regulations
are found
to be insufficient
to
achieve
groundwater
protection
consistent
with
Section
14.4(a).
In this context,
the instant regulations may be viewed as
plugging
a
legislatively—identified
regulatory
gap,
with
additional
regulations
to
follow
as
may
be
identified
by
additional
Agency
analysis.
Moreover,
they may be viewed
a
“first—cut” effort directed toward just those activities
legislatively—identified
as
requiring
immediate
attention.
Sectiç~t14.4 makes distinction between new and existing
activities’~located within setback zones and regulated recharge
areas.
It also provides separate mandates for, and factors to
be
considered
in, promulgation of
regulations
for
the two classes
of
activities
(cf, subsections
(b)
and (d)).
Additionally,
at
subsection
(a) explicit allowance
is made for
“more stringent
provisions
for
those
activities
...
which
are
not
already
in
existence”.
The
fundamental
distinction
between
new
and
existing
activities
is recognized
in the organization of the proposal
into
two separate Parts, with Part 615 treating existing activities
and Part 616 treating new activities.
Although the internal
arrangement and many of the specific provisions of the two Parts
are similar, they differ
in detail
reflective of the distinction
between new and existing activities.
Regulation of Pesticide and Fertilizer Facilities
In Public Comment
#7 the IFCA argues that regulation of
pesticide and fertilizers facilities
is not necessary,
in part
because proposed and existing Illinois Department of Agriculture
(“IDOA”) are sufficient.
While
the Board believes that IDOA
regulations constitute
a necessary element in assuring
environmental protection from pesticides and
fertilizer
facilities,
it
is not convinced that they constitute a sufficient
program.
Moreover, the Act itself requires that the Board
adopt
appropriate
regulations pursuant
to Section 14.4;
the Board
11
Definitions
for
new
and
existing
activities
are
found
at
615.102
of
the
proposed
regulations.
The
distinguishing
element
between the two types
of activities
is based upon the effective
date
of
the
instant
regulations,
establishment of
a regulated
recharge area,
or
an ordinance setting
a maximum setback
zone.
These
definitions are
intended
to apply only
to the
instant
proposal.
102—429
—16—
cannot
legally
delegate
this
authority
to
IDOA.
IDOA
itself
apparently recognizes
this circumstance,
as
is witnessed
by the
Interagency
Agreement
between
IDOA
and
the
Agency
(PC
#7,
Exh.
B).
The interrelated responsibilities
of IDOA and
the Agency—
Board nevertheless do present
some possible difficulties
associated with crafting the
instant regulations.
Attention
is
particularly called
to the discussion of Part 6l6.Subpart
H,
following.
Affected Facilities
The number
of affected facilities
at which regulated units
exist
is uncertain
at this time.
However,
a
rough estimate
is
available based on an Agency survey of setback areas around 1059
wells representing 371 communities served by public water
supplies.
Tabulation
of the number
of possible regulated
activities within minimum setback zones and within possible
maximum setback
zones
shows
the following
(PC *10,
Attachment):
Percent
of Setback Zones Containing Facilities
Minimum Zones
Maximum Zones
Landfills
.75
.75
~kg—Chem Sites
.85
9.4
Salt Piles
.85
1.3
Petroleum Storage
including Road Oils’2
3.8
6.2
These figures cannot be directly extrapolated
to
the full
population of affected wells because
the survey
is biased
towards
wells located
in urban
areas.
However,
they do
imply that, given
the large number
of affected wells
(see below),
there
are likely
to
be hundreds of affected facilities.
Affected Wells and Lands
The number of affected wells
is estimated
to
be
in excess of
400,000
(R.
at
29).
Most of these
are private wells serving
an
owner—occupied
single family dwellings.
Of the public wells,
over 7,100
are non—community wells
and approximately 3,649
are
12 Not all
of these facilities would necessarily be subject
to
the instant regulations.
Similarly,
the Agency survey shows that
the largest single class of “possible problems”
for wellhead
protection consists of underground gas storage tanks, which
occur
in 12.2
of the surveyed minimum setback
zones and 39.8
of
the
possible maximum
setback zones
(Id.).
Underground gas storage
tanks are not regulated under
the instant regulations.
102—430
—17—
community
wells
(Id.).
The
community
wells
are
approximately
evenly
split
between
those
to
which
the 200—foot and 400—foot
minimum setback zones
apply (Id.).
Based
on these
figures, the Agency estimates that
approximately 1.2 million acres (approximately 1/30
of the land
area of the State)
are located within minimum setback areas
(R.
at
29),
largely associated with private wells.
The
Agency
further
estimates
that
if
all
of
the
areas
of
the
State
which
can
reasonably
be
assumed
to
qualify
for
regulated
recharge
area
status
are
in
fact
so
designated,
that
approximately one—half of the State would
be involved
(R.
at 317—
8).
Prescribed
Control
Measures
Subsections
14.4(b)
and
14.4(d)
prescribes
the
control
factors
which
the
Board
must
consider
in
the
instant
proposal.
In
their
general outline,
these subsections require
the Board
to
consider groundwater monitoring programs, recordkeeping and
reporting,
remedial and response measures,
technical standards
for
pollution
control,
and requirements
for
closure and
discontinuance of operations.
The proposal closely tracks these
several factors.
Absence
of
Permits
A salient feature of the
instant proposal
is that
it
is
by
design
implemented
entirely
without
permits
(see
PC
#9
at para.
12).
This
is
in
part
because
many
of
the
activities
covered
by
the proposed regulations
are specifically exempted from permit
requirements by Section 21(d)
of the Act.
Moreover,
since
most
of the remaining activities covered by the instant proposal are
also conducted outside of existing permit programs, requiring
permits
to regulate these activities would by necessity require
the establishment of new permit programs.
However,
the Agency
has
intentionally
not
proposed
any
new
permit
programs
in
the
instant proceeding.
The Agency notes
that Section 14.4
is silent
on
the
matter
of
permits,
which
it
views
as
purposeful.
Moreover,
the
large
number
and variety of affected setback
zones
and
activities,
the
permitting
of
which
would
impose
an
impractically
large
public
and
administrative
burden.
This
would
by necessity require
the shifting of substantial
resources away
from other
environmental programs
to their
detriment.
The
Defenders
contend
that
the
Board
does
have
authority
under
the
Act
to
implement
the
instant
regulations
via
a
permit
system
(PC *10
at 17—9).
Whether
this
contention
is correct or
not, however,
is not the immediate
issue.
The immediate issue
is
whether
it
is prudent
to implement the
instant regulations via a
permit system.
The Board agrees with the Agency that,
at least
102—431
—18—
at this
time,
it would
be
imprudent
to build
a permitting process
into the instant regulations.
The absence of permitting, however, presents some praetieal
concerns.
Among
these
are potential problems that arise because
owners
or
operators,
in
the
absence
of ~ permit system,
are
required
to
make
independent
decisions1-~
which
would
otherwise
be
subject
to
direct
Agency
oversight
and
approval.
This,
in
turn,
would
seem
to
demand
a
greater
degree
of
guidance
and
specificity
in
the regulations
than might otherwise
be needed.
It might
further
require
protection
against
prosecution
for
owners
and
operators who,
in good faith, make decisions which are later
subject
to challenge.
And
it would also
seem
to demand
a
mechanism
(hopefully simple) whereby an
inappropriate decision
made by an owner
or operator could
be reversed.
In spite of some substantial
additions made
to
the instant
proposal
intended to give greater
guidance
to affected persons,
the Board
is not convinced
that the proposal yet sufficiently
addresses
this matter and
related matters of
review of
decisions.
The Board therefore particularly welcomes comment on
these matters during
t:he First Notice comment
period.
Required Cessations and Closures
The instant proposal would prohibit the continued
use
or
operation of certain existing units within certain setback
zones
and regulated recharge areas.
The prohibitions
are:
1.
Within
a minimum set—back
zone:
all on—site
units
for landfilling or
land
treating
or
surface
impounding
of special
and non—special waste,
and
all units
for the storage
and handling or
road
oils containing wastes or consisting
of petroleum
residuum
or
petroleum distillates;
cessation
to
he
e FfecLiv-a two years
afLer nro:~ulqationof
Part
E15
arid
ccsurc
to
be
corpletcJ
three
years
utter
promulgation.
(Proposed
Sections
615.402,
615.422, 615.442,
and 615.702).
2.
Within
a maximum set—back zone:
all on—site
units
for landfilling
or land
treating
or surface
impounding of special waste;
cessation
to be
effective
two years after
the effective date of
the ordinance or
regulation establishing
the
maximum setback
zone and closure
to be completed
13 Examples include determining
the sufficient
number of
monitoring
wells pursuant
to 615.204(a)
and
the specific
pesticides
to be monitored pursuant
to 615.206(b).
102--432
—19—
three years after
the effective date of the
ordinance or
regulation.
(Proposed Sections
615.403,
615.423, and 615.443).
3.
Within
a regulated recharge area:
all on—site
units
for
landfilling
of
special
waste where the
distance between
thç landfill
and wellhead
is
less than 2500 feet~4 cessation to be effective
four
years
after
promulgation
of
the
regulated
recharge
area and closure
to be completed five
years
after
promulgation.
(Proposed
Section
615.404).
All
of these required cessations and closures are subject
to
exception via the adjusted standard procedure of
Section 28.1 of
the Act and the minimal hazard certification provisions
of
Section 14.5 of
the Act.
In the case of regulated recharge
areas,
the requirement may also be set aside
as part of the
regulation adopting the regulated recharge
area.
The justification
for each of the added prohibitions is
similar.
In each case,
the activity in question
is deemed to
present
a substantial threat to groundwater quality and use.
Additionally,
in each case the prohibition
is against the similar
activity for which
there
is a statutory prohibition against new
sitings pursuant to Sections 14.2 and 14.3 of the Act.
The
intent, thus,
is
to eventually assure
safe setback
of all on—site
landfilling, land treating,
and surface impounding,
irrespective
of whether the activity
in question
is
a new or existing
activity.
The Defenders contend that all
facilities subject
to Part
615
should
be
phased
out of minimum setback zones
(PC #10
at
4—
6).
This
would
include
all
waste
piles
and
facilities
for
the
storage and handling of pesticides,
fertilizers, and de—icing
agents.
The Board does not believe that the
record, at this
time,
supports
required
closures
of
this
sweeping
nature.
The Board notes
that Part 616 sets out an exception
procedure
for new facilities which
is not explicitly included
in
Part
615
as
an
exception
procedure
for
existing
facilities.
This
is
the exception procedure which flows from Section 14.2(c)
of
the Act and which allows the Board
to exempt certain new
facilities
from the prohibition against
siting with setback zones
(see following discussion of Section 616.105).
If this provision
were fully paralleled
in Part 615,
it would provide that certain
existing
facilities
which
would
otherwise
be
required
to
close
14 Board Note: The 2500—foot distance
is statutorily identified
at Section 14.4(b)
of
the Act.
102—433
—20—
could be
exempted
from
closure
pursuant
to Board findings on the
factors listed in 14.2(c).
The Board believes that equitable
treatment of existing and new facilities requires such exemption
possibility.
However, the Board also believes that the adjusted
standard process may already serve this purpose,
and hence that
specific adaptation of 14.2(c)
into Part 615 would be
duplicative.
The Board requests comment on this matter.
Patterning After Existing Regulations
Wherever possible,
the proposed regulations are modeled
after existing
regulations applicable to activities
of
a similar
nature.
The
purpose
is
to
provide
consistency
of
regulations
between
currently
regulated
facilities
and
facilities
which
would
be
brought
under
regulation
for
the
first
time
under
the
instant
proposal.
In general the model used
is the Board regulations for
hazardous
waste
facilities
found
at
35
Ill.
Mm.
Code
724,
which
most closely parallel the intent of and types
of
facility covered
by the instant
regulations.
Re—evaluation of Regulations
IERG in Public Comment
#5 requests
that the Board
affirmatively note that
the “rules will
be re—evaluated
for any
particular regulated
recharge area as well as for any particular
groundwater quality standard at
the request
of any party to
such
proceedings”
(p.
2).
This the Board will not do.
As the Agency
properly points out
(PC #9 at para.
52),
regulations cannot
be
required
to be rejustified each time a collateral proceeding
is
opened.
However, the Board does note that
the owner or operator
of a facility which
is located in a proposed regulated recharge
area may, as part of the proceeding
in which establishment of
the
regulated reacharge area
is considered,
request
that the facility
be subject
to modified requirements,
or
no special requirements
at all
if
it can be demonstrated that
the facility poses
no
significant hazard
to a community water supply well
or other
potable water supply well.
Interface with Pending Regulations
The instant regulations have potential
interfaces with
several other pending regulations.
These include the subject
matter of the proceedings:
In the Matter
of: Development,
~p~rating
and Reporting Requirements
for Non—Hazardous Waste
Landfills, R88—7, also commonly known as the “Chapter
7 and
9
Proceeding”;
In the Matter of:
IDENR Special Waste Categorization
Study, R89—l3(A)
and
SB);
and the Illinois Department of
Agriculture’s proposal
of
8
Ill.
Adra.
Code 255
(see discussion
of
615.Subpart
I,
following).
The Board has reviewed the instant
proposal for possible conflicts between
this proposal and the
other pending regulations.
However, due both
to the tentative
nature of the various proposals and the
large number of possible
102—434
—21—
interactions,
the Board
requests that the
interested persons
advise
the
Board
of
any
potential
conflicts
that
are
identified.
DISCUSSION
OF
PART
601
Today the Boar~proposes
to make an amendment to
35 Ill.
Adm. Code:
Part 601
~.
The intent is
to conform the definition
of groundwater found
there with the definition found
in the
IGPA.
This intent was originally noted by the Board
in
an
earlier proceeding, R86—8,
A Plan for Protecting Illinois
Groundwater
(Report of the Board, August 28,
1986).
There
the
Board noted
the inconsistency between the Part 601 definition
and
other definitions
of the same term.
In
response
the Board
noted
(p.
1—4):
The
...
definition
is
not
only
inconsistent
with
the
conventional
definition
of
groundwater,
but
also
appears
to
be
inconsistent
with
use
and
definitions
found elsewhere within Illinois statutes
Ill.
Rev.
Stat.
ch.
1111/2,
par.
1003
and the Board’s
regulations
34
Ill.
Adm.
Code 301.420.
In
particular,
the Section 601.105 definition appears
to
establish
an
identity between “ground water”
and
“underground water”, whereas conventional use
considers
groundwater
to
be
a
subset
of
underground
water
(R.
at 1531).
Since
these differences
in
definition
appear
to
be
the
source
of
some
confusion,
the Board will propose
to amend
these definitions
in
the earliest possible regulatory proceeding.
The
Board
also
notes
that
throughout
the
Public
Water
Supplies
(Subtitle
F) portion of the Board’s rules and
regulations
the term “ground water”
is spelled as two words.
In
contrast,
within
the
Environmental Protection Act and most other
state
statutes,
as well
as elsewhere within
the Board’s rules and
regulations,
the spelling
is
in the more commonly encountered
form of
a single word,
“groundwater”.
Given that both spellings
occur
in technical
literature,
and
that it
is commonly understood
that there
is no distinction between the two terms
other than
in
the spelling,
the Board does not believe that changing the
spelling
within
Subtitle
F
is
justified.
The
Board
notes that addition of
the amendment
to Part 601
occasions
the inclusion
of this Part
in
the caption to this
proceeding.
102—435
—22—
DISCUSSION OF PART 615
Part
615
sets forth standards for “Existing Activities
in
a
Setback Zone or Regulated Recharge Area”, pursuant to the mandate
of Section 14.4(b)
of the Act.
Part 615, Subpart
A: General
Subpart
A sets forth
the general provisions applicable
to
the entire Part.
Section 615.101
sets out the general purpose
of the Part.
The
phrase
“wholly
or
partially”
has
been
added
in
the
instant
proposal
to the better
identify
what constitutes being “located
within a
setback zone or regulated recharge area”.
Given the
relatively sharp boundary of most setback zones
(or even
regulated recharge areas),
the Board believes
that
it may be
common that
an otherwise affected unit will
lie partly within and
partly outside of
the setback
zone (e.g.,
the unit extends from
less than 200 feet to more than
200 feet away from
a well which
establishes
a minimum
setback zone).
The Board believes that the
intent
of the IGPA
is clearly
to regulate such “split” units.
At
the same time,
however,
the Board does
not believe
that
the IGPA intends that
the regulations apply to the entirety of
a
facility or site which contains multiple units,
and
for which
the
only otherwise affected units
aç~located outside of the setback
zone
or
regulated
recharge
area10.
Thus
the
emphasis
in
the
applicability statement
is on the
unit(s) which are located
wholly or
partially within the setback zone
(or regulated
recharge area).
Similarly,
the Board would
not find
it
inconsistent with the IGPA or
the
instant proposal
if an owner
or
operator of
a multiple—unit facility or
site complied with the
current rules only
for
those units located wholly or partially
within the relevant setback
zone or regulated
recharge area.
Section
615.102
contains
definitions
applicable
to
the
Part.
These have been added
to and modified.
The intent
is
to
bring
into
the Part all those definitions which
are required for
a reading
of
the Part,
and
thus to allow the Part
to stand on
its
own
as much as
is possible.
Many of the definitions have been
borrowed from other
Board regulations,
particularly from
35
111.
Adm.
Code
720 and
724.
16 The Agency also
intends
that the regulations apply only to
“that
~tion
of
an
activity
which
is actually located within
a
setback
zone
or
regulated
recharge area”
(PC
#9
at par.
3,
emphasis added).
The Board believes that this position
is
equivalent
to that herein proposed by the Board.
102—436
—23—
Section 615.103 sets forth incorporations by reference.
This Section has been modified by the deletion of
incorporation
by reference of 40 CFR 280 (underground storage tanks rules)
to
reflect the recent promulgation of these
rules
as Board
regulations
(see In the Matter
of:
UST Update,
USEPA Regulations,
R88—27,
April
27,
1989).
Section 615.105 sets
forth
the various general exceptions
to
the
applicability
of
Part
615.
The
first
of
these
exceptions
is
that
the Part does not apply if
an
otherwise
regulated
facility
or unit possesses
a minimum hazard certification pursuant
to
Section 14.5 of
the Act.
This provision is included
in the
instant proposal based
on the directive at Section 14.4(b)
of the
Act that
“...
the Board
shall ensure that
the promulgated
regulations
are
...
not pre—emptive of the certification system
provided
by Section 14.5”
of the Act.
Subsections
615.105(b)
and 615.105(c)
set forth exceptions
that may flow as
the result of an adjusted standards proceeding
or
a regulated recharge area proceeding.
Subsections
615.105(d)
and
615.105(e)
set
forth
exceptions
which
flow from Sections 14.4(b)(A)
and (B)
of the Act.
The
language used
in the proposal
is the language of the Act, except
that negation
is used
in 615.105(e)
to conform the language
to
the
structure of Section 615.105.
Part
615, Subpart
B: Groundwater Monitoring
Subpart B establishes groundwater monitoring
and associated
requirements,
including
a
corrective
action
program.
The
Subpart
is broadly modeled after
35 Ill.
Adm.
Code 724.Subpart
F, which
establishes similar requirements
for hazardous waste
facilities.
Among
the principal differences
is that Subpart B
is
not implemented via permit
(see preceding discussion), whereas
the
provisions
of
35
Ill.
Adm.
Code
724.Subpart
F
are.
Subpart
B
has
been
broadly
rearranged
to
better lay out its
principal provisions.
Additionally, various changes have been
made to conform the Subpart
to Administrative Code
Tinit
practices.
Among
the substantive changes made is a prescription that
monitoring
and compliance be undertaken and demonstrated with
respect to the “uppermost aquifer”.
In the Agency version
no
locus of monitoring
or compliance
is identified,
with the result
that the Agency proposal could
be read
to require monitoring of
aquifers isolated from possible contamination from the affected
facility.
The Board believes that such reading would
be
unwarranted
and
inconsistent with monitoring requirements
imposed
on
other
types
of
facilities
which
could
have similar
effect on
groundwater.
Adoption
of
the concept of “uppermost aquifer”
is
accordingly made from 35 Ill. Mm. Code 720.
102—4 37
—24—
The Board notes that the Agency has registered objection
to
use of the “uppermost aquifer” concept
(PC
#9
at par.
16), as has
the Defenders (PC #10 at
14).
The Board wishes
to gain further
perspective on the position it proposes
today, and accordingly
specially solicits comments on this matter.
The Board does call
attention to the fact that the definition of “uppermost aquifer”
does include any “lower aquifers that are hydraulically
interconnected with
the
aquifer nearest
the ground surface
within the facility boundary”
(see Section 615.102).
This
inclusion may allay concerns that contami’-ation from an affected
facility could move downward below the uppermost aquifer and thus
not
be detected
(e.g.,
R at 303—5; PC #10
at
14).
Section 615.201 identifies
the facilities or
units for which
groundwater
monitoring
is required.
These are on—site landfills,
on—site surface
impoundments,
and facilities
or units
for the
storage
and
handling
of
pesticides,
fertilizers,
road
oils,
and
de—icing agents.
The groundwater monitoring requirement
is
specifically not required for on—site waste piles and underground
storage tanks.
Additionally,
the
otherwise
affected
facilities
or units may be exempted pursuant to an adjusted standard
or
regulated
recharge
area
rule.
Section 615.201
is redundant to the extent that it repeats
applicability statements found
in Subparts
D,
F,
I,
J,
K,
and
L.
However,
it
is
believed
that
this
repetition
has
value
in
guiding
persons
through
the
instant rules.
Section 615.202 prescribes that the required monitoring
period consists of the active life of the activity, includinq
its
closure and post—closure care period.
It further
specifies that
the
post—closure
care
period
is
five
years
for
all
units
subject
to
the instant
Part, except
for landfill
units
for which the
period
is
15 years or such longer period
as may
be
set by Board
regulations.
Additionally, post—closure care
is
to be
continued
beyond
the
five or
15 years
until such
time as any required
corrective action
is completed
(see Section 615.211).
The Defenders request that the post—closure
care period for
surface impoundments also be
15 years
(PC #10
at
22).
However,
the time periods involved
in post—closure care as here proposed
are consistent with the required term of post—closure care
in
other Board regulations
and the Act.
The Board does not believe
that sufficient justification for
an exceptional period
of care
for
the type of surface impoundments herein under consideration
has been presented
so
far
in this record.
An addition
to Section 615.202
is a provision that the
active
life of
a facility subject
to this Subpart
is considered
to begin
no earlier than
crne year after
the effective date of the
Part.
The intent
is to allow all affected facilities
a maximum
102—438
—25—
of one year within which to take the steps necessary to comply
with
the
requirements
of the Subpart.
This
is deemed necessary
since requirements such as siting and developing monitoring wells
will
require
lead
time.
This definition of active life also has some effect on those
units
which
are subject to required closure.
Under
the Agency
version the intent was to not require monitoring during the
operational phase of any of the units which have required
closures,
but
rather
to
require
monitoring
only
during
the
closure and post—closure care periods of
such units
(PC #9 at
par.
15).
Under the instant proposal, monitoring would be
required
to begin after one year,
irrespective of whether that
unit
is still
in operation or had proceeded to closure.
The
Board at this time sees no significant reason to postpone
groundwater monitoring
for any affected units beyond the one year
grace period, but welcomes comment which would allow the opposite
conclusion.
Section 615.203 specifies
that the owner or operator
of any
unit subject
to Subpart
B must comply with groundwater standards
adopted by the Board.
Pursuant
to the definitions at 615.102
these standards are currently the Board’s General Use Water
Quality Standards found at
35
Ill. Adm.
Code
302.
Subsequent
to
adoption of the groundwater—specific
standards mandated
in the
IGPA (see preceding discussion),
these new standards will
supersede the General Use Standards.
Section 615.203 further specifies that compliance with the
groundwater standards is
to be for the full compliance period and
that compliance
is to be measured at the compliance point or
points.
The latter term
is defined at 615.102, along with a
related definition of
“facility boundary”.
The facility boundary
is the perimeter
of the area at the surface of
the land on, above
or below which an affected facility
is located.
A compliance
point
is
any
of
those
points
which
exist
directly
beneath
the
facility boundary at a hydraulically downgradient point of
groundwater flow.
If the groundwater
flow beneath a facility
is
in different directions at different depths or at different
times,
there could be more than one compliance point and
compliance points could be other than vertically arrayed.
The definitions of “facility boundary” and “compliance
point” as proposed today differ from the definitions
in the
Agency’s original proposal,
reflective of concerns of the Board
and others regarding the clarity of the original definitions
(R.
at 92—3,
217—9,
261—4;
PC.
#10
at
12—4).
To the extent that
“facility boundary” and “compliance
point” are intended to define monitoring requirements and the
need for corrective action,
the definitions are designed under
the premises that contamination must be identified as close
to
102—439
—26—
its source as
is practicable
(for example, it
is generally
infeasible
to monitor directly beneath an affected unit)
and that
contamination must be contained and addressed, when it
is found,
as close to its source as possible.
Section 615.204 prescribes groundwater monitoring system
requirements.
Its main provisions are directed
to the
sufficiency of the monitoring network and well design and
construction.
A monitoring network
is sufficient if
it all~wssampling of
the background groundwater quality and the quality of groundwater
passing the compliance point or points.
Under certain
circumstances, as specified in subsection
(b),
an owner or
operator may use
a well other than
a community water
supply well
as the sole monitoring well.
This provision is allowed
to
provide economy where circumstances warrant.
The standards for
well design and construction follow accepted
practice
(R.
at
54;
Exh.
78,
Attachment
B).
Under
the Agency’s version of the proposal,
as here
presented, determination of the sufficiency of the number and
location of monitoring wells is to be made by the owner or
operator.
As regards
this
matter,
the
Board directs attention
to
the foregoing discussion under “Absence of Permits”, page
17
herein.
Among
the suggestions made during the post—hearing comment
period
is the recommendation of the Defenders that a person
having professional hydrogeologic training be
required
to prepare
the
groundwater
monitoring
program
for
each
affected
facility,
and
that
such
person
submit
a
report
to
the
Agency
detailing
the
program
(PC
#10
at
16—9).
This
report
is
recommended
to
contain
the
following
items:
1.
A description of hydrogeological characteristics
of the site
on which
the regulated activity
is
located,
including
a characterization of the
three
dimensional groundwater flow system underlying the
facility;
2.
A description of the rationale •for the groundwater
monitoring system design,
including
the number and
placement of groundwater monitoring
wells;
3.
The academic
and professional qualifications
of
the person w~hodesigned the groundwater monitoring
system;
4.
The
reasons
for
choice
of
the
five
pesticides
which
are
to be monitored at pesticide sLorage
facilities puisuant to Sections 615.206(b)
or
6l6.207(a)(2);
102—440
—27—
5.
A description of the protocol employed
in drawing
groundwater
samples for laboratory analysis; and
6.
The data and information
used
to develop the
report.
Additionally,
the
Defenders
recommend
that
a
professional
hydrogeologist prepare any alternate non—compliance response
pursuant
to
Section
615.210.
The Board
is not proposing
these recommendations of
the
Defenders today because
it believes that the recommendation has
not had sufficient airing
to properly judge
its merits.
However,
the
Board
does specifically request that interested persons
address
this
matter
in
future
comments.
Section
615.205 prescribes protocols for groundwater
sampling.
The
intent
is
to
have
established
a
consistent
sampling
protocol
to
assure
that
sample
results may be compared
from
event
to
event.
There
are
also
specific
requirements
that
the groundwater
surface elevation be determined
for each sample
and that groundwater flow rate and direction be determined at
least annually.
The latter provisions are intended
to assure
that movement of contaminants may be
readily addressed.
Section 615.206 prescribes
the parameters which
are
to be
sampled.
For most facilities
these parameters are
those
contaminants
which
are
present
at
the
facility
and
for
which
the
Board
has
adopted
a
groundwater
standard.
Sampling
of
special
parameters are specified
for
two
activities: handling and storage of pesticides and fertilizers.
Pesticide activities are required
to sample
for
five specific
pesticides or five groups of chemically—similar pesticides which
are handled
or stored at the
facility, which are most likely
to
enter
the
groundwater,
and
which
are the most toxic.
A list of
five
criteria,
including
volume
stored
or
handled,
leachability,
toxicity,
spillage
history,
and existence of groundwater
standards,
are
presented
as
guides
to
the
owner
or
operator
for
selection
of
the
pesticides
to
be
monitored.
This
selection
constitutes
another
of
the
owner
or operator determinations
previously discussed
(see “Absence of Permits”, page
17 herein).
An activity involving handling or
storage of fertilizers
requires
monitoring
of
five
specific
parameters:
pH,
total
organic carbon,
nitrates as nitrogen,
ammonia nitrogen, and
specific conductance.
The Agency believes
that these parameters
constitute
a
sufficient
list
to
determine
whether
spillage
or
leakage
of
fertilizers
has
occurred,
and
hence are sufficient
for
routine monitoring.
More extensive monitoring may be required
if
corrective action must
be undertaken pursuant
to Sections 615.209
through
615.211.
102—441
—28—
Section 615.207 sets out required sampling frequencies.
For
all affected facilities sampling
is required quarterly, except
for facilities
for
the storage and handling of road oils and de—
icing agents for which sampling
is required annually.
The
quarterly monitoring requirement
is premised on the Ageny’s
proposed language.
At the present time,
the Agency has not
presented a technical justification for quarterly monitoring.
Factors such as seasonal variation
in groundwater
flow and the
need to rapidly detect changes
in groundwater quality may support
such monitoring.
The Agency is encouraged
to provide
a technical
rationale for quarterly monitoring.
Section 615.208 specifies that the results of monitoring
must be reported
to the Agency on a regular basis.
Section
615.209 sets out procedures to be followed when
monitoring shows that
a groundwater standard has been exceeded.
The Agency must be notified of such exceedences.
Additionally,
the owner or operator must accelerate
the sampling frequency and,
in some cases, expand
the list of sampled parameters.
For most
facilities
it is required that the groundwater be resampled
within three days.
For pesticide facilities
it
is also required
that the resampling address each of the pesticides previously and
presently handled
at the facility.
Section
615.209
further
requires
that an owner or operator
start
a
corrective
action
program
if
the
accelerated
sampling
confirms
that groundwater
standards are exceeded.
The
requirement
is
waived
if
the
owner
or
operator can demonstrate
pursuant to Section 615.210 that
a source other than the
regulated activity
is the cause
of the exceedence or that the
monitoring results were spurious due to error
in sampling,
analysis,
or evaluation.
It
is
to be noted
that there
is
a difference between the
triggering mechanism
for corrective action here
and
that found
at
35
Ill.
Mm.
Code 724.Subpart
F.
There corrective action
is
necessary
if
an
increase above the background concentration is
detected
in any monitoring well,
even
if the increase does not
violate
a groundwater
standard.
However, under Section 615.209
corrective action
is necessary only if a groundwater standard
is
exceeded at any monitoring well.
It
is
to be
noted that this
trigger applies only to the existing activities of Part
615.
The
trigger
in
the parallel Part
for new activities, Part
616,
remains
the detection of
a significant increase.
Section 615.210 sets out the requirements
for making
an
alternate non—compliance response.
The principle
is that
if the
standard
is caused
to be exceeded by other
than activities
at
the
affected
facility,
the owner or operator need not assume
responsiblity
for corrective
action.
Similarly,
if the
102—442
—29—
exceedence of the
standard
is only apparent due to error
in
sampling,
analysis,
or evaluation,
the owner
or operator need not
undertake corrective action.
One significant difference
in the instant proposal
is that
it specifies that the
facility which
is being monitored
is
presumed
to be responsible for
the standard being exceeded, and
that it
is the responsibility of the owner
or operator who elects
this alternative non—compliance response
to overcome this
presumption.
This change
is being offered on the well—taken
suggestion of the Defenders that the affected owner
or operator
should bear the burden of proving that the contamination
originated
from some other source or was due
to error
in the
sampling required of
the owner
or operator
(PC #10
at
16).
Section 615.211 prescribes the corrective action program
which must be undertaken by an owner or operator when
a
groundwater standard
is found
to be exceeded.
The end
result of
the corrective action program
is compliance with the standards.
Accordingly, the corrective action program must be continued
until
it
is demonstrated that the standards are no longer
exceeded.
Part 615,
Subpart
C: General Closure and Post—Closure
Requirements
Subpart C establishes general closure and post—closure
requirements applicable to existing on—site landfills, on—site
surface impoundments, and facilities for
the storage and
related
handling of pesticides and fertilizers.
Additional closure
requirements specific
to these
individual
facilities or units are
contained
in following Subparts which pertain
to the individual
types of facilities or units.
It
is
to be noted
that some of the
facilities
or units otherwise affected by this Part,
including
surface piles,
underground storage
tanks, and storage and
handling
of road oils and de—icing salts, are not subject
to the
requirements of Subpart C.
In general,
the proposed closure and post—closure
requirements are modeled after
similar requirements applicable to
hazardous waste facilities
as found
at
35
Ill. Mm.
Code 724.
The Agency believes,
and
the Board concurs,
that it
is not
appropriate
to establish closure/post—closure procedures
for
facilities subject
to the
instant rules that are different from
the requirements placed on
facilities that are subject
to the
permitting requirements of Part
724.
Section 615.302 establishes
the closure performance
standard.
The
standard
is
patterned
after
and
similar
to
the
closure
standard
of
35
Ill. ~dm. Code 724.211
for hazardous waste
facilities.
102—443
—30—
Section 615.303
requires that a certificate of closure must
be signed by a registered professional engineer,
as defined at
615.102.
This certification is intended
to help assure that an
affected unit
is closed
in accordance with Board standards.
Section 615.203 is patterned after
and
similar
to the certificate
of closure provision of
35 Ill. Adm. Code 724.215 for hazardous
waste facilities.
The
instant proposal
retains the requirement of the Agency’s
draft that the registered professional engineer not be
an in—
house engineer
(i.e.,
that
the engineer
be “independent”).
The
Board requests comment on whether this requirement
is necessary.
Section 615.304 requires that
a survey plat must be
filed
with the appropriate
local zoning authority for units that
dispose of waste
(e.g.,
landfills)
or facilities
for
the storage
and handling
of pesticides or fertilizers.
This requirement
is
patterned
after
and
similar
to
the
survey
plat
requirement
of
35
Ill. Mm.
Code
724.216
for hazardous waste facilities.
Section
615.305
requires
owners
and
operators
of
affected
waste
disposal
units
to
file
with
the
Agency,
County
Recorder,
and local
zoning authoritiy within
60 days after
the
closure
of
a
unit
a record of the type,
location,
and quantity of waste
disposed
at
the unit.
This regulation
is patterned
after
and
similar
to the post—closure notice requirement of
35
Ill. Mm.
Code 724.619(a)
for hazardous waste
facilities.
Section 615.306 provides that a certificate of completion of
post—closure case, signed by an independent
(see discussion of
Section 615.303)
registered engineer, must be f~.ledwith
the
Agency.
This regulation
is patterned after and similar
to the
post—closure certification requirement of
35
Ill. Mm.
Code
724.220
for hazardous waste
facilities.
Part 615, Subpart
D:
Landfills
Subpart D establishes
special requirements applicable
to
landfill units.
For the Subpart
to apply,
several tests must be
met,
as
specified
at
Section
615.401.
These
are:
1)
The unit
is
an existing unit pursuant to the definition
of “existing”
at 615.102.
2)
The
unit
is
located
wholly
or
partially
within
either
a
setback
zone of
a potable water supply well
or within
a
regulated
recharge
area.
3)
The waste contained within
the unit
is generated
on—
site,
pursuant
to
the
definition
of
“on—site”
at
615.102.
102—444
—31—
4)
The unit contains waste other than hazardous waste,
livestock waste,
landscape waste,
or construction and
demolition debris.
5)
The unit
is not exempt from Part 615 pursuant
to any of
the exemptions identified at
615.105.
These
tests are
for the most part based upon the prescriptions of
Section 14.4(a)
of the Act, which
sets out the scope of
activities intended
to be regulated under
the instant rulemaking.
Sections 615.402,
615.403,
and 615.404 prescribe the
conditions
under which an existing regulated landfill unit
is
required
to
cease
operations
and
close.
For
a
discussion
of
this
provision
see
page
18
herein.
Subsection
(b)
of each Section
also lays out the provision by which exception
to required
closure may be achieved
as part of
an adjusted standards or
regulated recharge area proceeding.
These
three sections had previously been organized
as a
single section.
In
the instant proposal they are offered
as
separate sections commensurate with
their significance.
Section 615.405 prescribes that the owner
or operator of any
landfill unit subject
to Subpart D shall comply with the
groundwater monitoring requirements and program of Subpart
B.
Section 615.406 establishes several operating requirements
applicable
to affected landfill units.
These are all
in the
nature of prohibitions against the landfilling of wastes deemed
to be particularly susceptible
to causing groundwater
pollution.
The Section
is patterned after
and similar
to
35
Ill.
Adm.
Code 724.413 through 724.415.
Section 615.406 has been
modified
to bring
together
these prohibitions under
a single
section heading.
Section 615.407
establishes standards for closure and post—
closure care of affected landfill units.
This Section
is
patterned after
and similar
to
35 Ill. Mm. Code 724.410.
Part 615, Subpart
E:
Land Treatment Units
Subpart
D establishes special requirements
for affected land
treatment
units.
For
a land treatment unit
to be subject to the
Subpart,
it must meet the same
tests that
a landfill needs to
meet
to be subject
to Subpart D
(see above).
The principal provision
of Subpart B
is the required closure
of certain land treatment units, as specified
in Sections 615.422
and 615.423.
The closure
requirements are
identical to those
contained
in Subpart D pertaining to landfills,
except that land
treatment units located
in a
regulated recharge area are not
102—445
—32—
required
to close.
For
a general discussion of the required
closure provision,
see page 18 herein.
The only additional provision of Subpart B
is
the
requirement that closure and post-closure care of affected land
treatment units
is subject to the general closure
and post—
closure requirements of Subpart
C.
Part 615, Subpart
F:
Surface Impoundments
Subpart F establishes special requirements
for affected
surface impoundment
units.
For
a surface
impoundment unit
to be
subject to the Subpart,
it must meet the same tests that a
landfill needs
to meet
to be subject
to Subpart D
(see above).
A principal provision of Subpart
F
is the required closure
of certain surface impoundment units.
For
a general discussion
of the
required closure provision,
see page
18 herein.
Section 615.444 prescribes that the owner
or operator of any
surface impoundment unit subject to Subpart
F shall comply with
the groundwater monitoring requirements and program of Subpart
B.
Section 615.445 has been added at the Agency’s request
(PC
#9
at par.
4).
It requires that operating surface impoundments
be
inspected weekly and after
storms
for
the purpose of detecting
any malfunctions of the impoundment which could
lead to releases
to groundwater.
Section 615.446
establishes several
operating requirements
applicable
to affected surface impoundment units.
These include
a prohibition against placing
incompatible materials
in
a surface
impoundment unit,
patterned after
35
Ill.
Adm. Code 724.413,
and
requirements to be met
if the surface
impoundment
is discovered
to
leak,
patterned after
35 Ill.
Adm.
Code 724.327.
Section
615.446
has been modified
to bring
together
these operating
requirements under
a single
section heading.
Section 615.447 establishes standards for closure and post—
closure care of affected surface impoundment
units.
Three
pathways are specified,
depending upon whether the closure
is
by
complete removal, partial
removal, or
no
removal.
The Section
is
patterned after
and
similar
to
35
Ill. Mm.
Code 724.328.
The Defenders
request that all affected surface
impoundments
which do not have liners must be closed by removal
(PC #10
at
22).
The Board does snot believe
that the present record
demonstrates that this
is
a necessary requirement
for
the
types
of surface impoundments
regulated herein.
102—446
—33—
Part 615, Subpart G: Waste Piles
Subpart G establishes special
requirements for affected
waste piles.
For
a waste pile to be subject
to the Subpart,
it
must meet the same
tests that a landfill needs
to meet to be
subject to Subpart D
(see above).
Unlike affected landfill, land treatment,
and surface
impoundment units, there
is no provision for required closure of
existing
affected waste piles.
This distinction is made based on
the Agency’s determination, with which the Board concurs, that
if
operated
in accordance with the requirements of Subpart
G, waste
piles
do not pose
the same degree
of
risk
to groundwater
as do
landfills,
land treatment activities,
and surface impbundments
(Statement
of
Reasons,
p.
16).
Therefore,
the principal
provisions of Subpart G consist of design,
operation,
and closure
standards.
Section 615.462 establishes
the design and operating
requirements.
The goal of these requirements
is
to minimize the
possiblity of escape of
leachate, runoff, and wind—blown debris
from the waste
piles.
The principal provision
is
a requirement
that an affected waste pile be covered
to protect
it from
precipitation.
Other provisions
include
a prohibition against
placing
free liquids
in
a waste pile,
required protection against
surface water
run—on,
required protection against wind dispersal,
and
required control
of infiltration.
Owners or operators of
regulated waste piles are given
six months from the effective
date of Part 615
to comply with these design and operating
requirements.
Section 615.463 establishes
that the sole method
of
allowable closure of
a regulated waste pile
is closure by removal
and disposal of
the waste
and of any containment system
components which may have been used.
Part
615,
Subpart
H:
Underground Storage Tanks
Subpart H establishes
special requirements
for existing
underground
storage
tanks which contain special waste.
Its
principal provision
is that affected storage tanks which are
located within setback zones or regulated recharge areas must
comply with the requirements of
35
Ill. Mm.
Code 731 even
if any
of the exemptions of
35
Ill. Mm.
Code 731.101(b) would otherwise
apply.
35
Ill. Adm.
Code 731 was recently adopted by the Board
in R88—2l,
In the Matter of:
UST Update,
USEPA Regulations,
April
27,
1989,
and
is
ideptical
in substance
to
40 CFR 280.
A definition of underground
storage tank has been added at
Section 615.102,
referencing
the definition at
35
Ill. Mm. Code
731.101(f).
The Agency
is requested to comment on whether use of
this definition
is consistent with
its intentions
for Subpart H.
102—447
—34—
Part 615, Subpart
I:
Pesticide Storage and Handling Units
Subpart
I establishes special requirements for facilities
and units
for
the storage and handling of pesticides.
For the
Subpart to apply, several
tests must be met.
These are:
1)
The facility or unit is an existing facility or unit
pursuant
to the definition of “existing”
at 615.102.
2)
The facility or unit is located wholly or partially
within either
a setback
zone of
a potable water well or
within a regulated recharge area.
3)
The facility or
unit:
a)
is operated
for the purpose
of commercial
application;
or
b)
stores or accumulates pesticides prior
to
distribution
to retail sales outlets,
including but
not limited
to units which are warehouses or bulk
terminals.
In the Agency’s original proposal
as well as Section
14.4(a)(5)
of the Act reference is made to the applicability of
the Subpart
to pesticide facilities located at
a “central
location”.
In response
to a query of the definition of “central
location”
(R.
at 408), the Agency has responded that it intended
this term to be defined as in (3)(b), above
(PC
#
3 at par.
32).
Since
this definition
is unique
to this Subpart and its
companion Subpart
.1, the Board believes that clarity is
to be
gained
by simply using
the wording of the definition and
excluding the phrase
“central location”.
Subpart
I
is similar
to Subpart
G
in
that
it does not
require closure of
the affected facilities
or units, but rather
specifies design and operating requirements which must
be met
by
the owner
or operator.
The principal provision of Subpart
I
is that the owner
or
operator
of
an existing
facility or unit for the
storage or
related handling of pesticides must comply with the Illinois
Department of Agriculture’s regulations found
at
8
Ill. Mm.
Code
255.
The subjects and
issues involved
in
8 Ill.
Adm. Code
255
are summarized
at 13
Ill.
Reg.
2571—2, March
3,
1989:
These
rules were developed by the Illinois Department
of Agriculture and the Illinois Environmental
Protection Agency with valuable input
from the
Secondary Containment Rules Committee, which was made
up of industry and academia.
102—448
—35—
The purpose of these rules
is
to protect the
environment by prevention of point source
contamination by agrichemicals and these rules will
be referenced by the Illinois Environmental
Protection Agency
in their
setback rules which are
to
be filed with the Pollution Control Board as mandated
by the Illinois Groundwater Protection Act.
These rules regulate agriculture facilities and non-
commercial agrichemical facilities.
An ayrichemical
facility is a site used for commercial purposes,
where bulk pesticides are stored
in
a single
container
in excess of
300 gallons of liquid
pesticide or 300 pounds of dry pesticide
for more
than
30 days per year or where more than 300 gallons
of
liquid pesticide or
300 pounds of dry pesticide
are being mixed,
repackaged
or
transferred
from one
container
to another within
a 30—day period
or
a site
where bulk fertilizers are stored, mixed,
repackaged
or
transferred
from one container or another.
Non-
commercial agrichemical facility is
a site where
storing pesticides or
fertilizer
for more than 45
consecutive days
in
a single container holding
in
excess of 300 gallons bulk liquid pesticides,or 300
pounds bulk dry pesticides,
or 5000 gallons bulk
liquid commercial
fertilizer
or 50,000 pounds bulk
dry commercial
fertilizer;
or the loading and mixing,
including bulk repackaging,
of pesticides
or
fertilizer
at.
a permanent site for more than
a 45 day
period in quantities
in excess of the amounts
established;
or the non—commercial application of
pesticides or
fertilizer.
These
rules set forth the procedures
and time frame
for registration, permitting,
and construction.
They
also address general construction requirements
for
secondary containment of storage tanks
and
operational areas,
as well as recordkeeping,
management
arid
operational procedures.
They further
delineate facility inspection, maintenance and
closure requirements.
Additionally,
these rules
set
forth guidelines
for connections
to potable water
supplies and the open burning
of agrichemicals,
agrichemical containers,
and other agri—related
chemical wastes.
8
Ill. Mm.
Coda
255 has been developed
as
a
joint effort of
the Agency and IDOA,
in cooperation with the agricultural
community.
Nevertheless, because IDOA
is designated as the State
management agency
for purposes of the Federal
Insecticide,
Fungicide, and Rodenti~ideAct
(7 USCS 136
et seg),
it was deemed
102—449
—36—
appropriate by IDOA and the Agency that these regulations be
promulgated by
IDOA.
Additionally,
for the purpose of applying a
uniform approach to regulation of pesticide and fertilizer
facilities,
it was appropriate that the
IDOA
regulations be the
primary source of regulations applicable to pesticide and
fertilizer operations regulated herein.
This situation, however, does raise a number of questions.
Among
these
are: Can the Board require compliance with
regulations
of another Agency?
Would adoption of
the 255
provisions
constitute
an improper adoption of regulations which
the Board lacks authority under the Act
to adopt?
If IDOA should
amrnend Part 255, what would be the consequences to the instant
rules?
and, which regulations, IDOA’s or the Board’s,
would
control
in event of a conflict?
Although these questions were
raised at hearing
(R.
at 397—400),
the Board does not believe
that they have yet been fully resolved.
Accordingly,
the Board
requests that interested persons address them during the comment
period.
The Board does note that it may be possible to replace the
citations
to 255 rules with a Board note.
Such note could be
inserted following Section6l5.603 and could have the form:
(Board Note: Owners or operators of facilities
subject to this Part may also be subject to
regulations under
8 Ill.
Adin.
Code 255).
In addition
to the requirements of
8
Ill. Adm. Code 255,
Subpart
I specifies certain design and operating
requirements
particular
to the facilities regulated under
the instant Part.
These include compliance with the groundwater monitoring and
closure/post—closure requirements of Parts
B and C, maintenance
of written inventory records, weekly inspections
for leaks and
deterioration of
structures,
and a requirement
that all
containers of pesticides be contained within a secondary
containment structure,
the standards
for which are set forth
in
8
Ill.
Adm. Code
255.
Part
615,
Subpart
J: Fertilizer Storage and Handling Units
Subpart J establishes special requirements
for
facilities
and units
for the storage and handling of
fertilizers.
Subpart
J
is essentially identical
to Subpart
I,
except
for its application
to fertilizers facilities and units rather
than
to pesticide
facilities and units.
In the Agency proposal
the instant Subparts
I and J were
proposed as
a single Subpart.
They are herein proposed as
separate Subparts
to clarify
the intent that the regulations
apply
to facilities which store and handle pesticides and
fertilizers,
as
well
as
to
facilities which store and handle
102—450
—37—
pesticides or fertilizers
(See PC
#9 at par.
30).
It
is further
believed that the placement of any additional regulations which
may be proposed regarding these two types of facilities would be
better accommodated within the instant structure.
Part 615, Subpart
K:
Road Oil Storage and Handling Units
Subpart K establishes special requirements
for
facilities
and units
for
the storage
arid handling of road oils.
For
the
Subpart
to apply,
three tests must be met.
These
are:
1)
The facility or unit is an existing facility or unit
pursuant
to the definition of
“existing”
at 615.102.
2)
The facility or unit is located wholly or partially
within
either
a
setback
zone
of
a
potable
water
well
or
within
a regulated recharge area.
3)
The facility or
unit stores or
accumulates more than
25,000 gallons of
road
oils at any one time.
In the Agency’s original proposal as well
as Section
l4.4(a)(5)
of the Act reference
is made to the applicability of
the Subpart to
road oil facilities located at
a “central
location”.
In response to
a query of the definition of “central
location”
(R.
at 408),
the Agency has responded that it intended
the term
to be defined as
in (3)
above
(PC
#
3
at par.
32).
Since
this definition
is unique to this Subpart,
the Board
believes that clarity
is
to be gained by simply using
the wording
of the definition and excluding the phrase
“central location”.
Section 615.702 prescribes the required closure by date
certain of those regulated road oil
facilities which are located
in
a minimum setback
zone and where
the road oils contain
waste.
Additionally,
in the Agency’s original version there was
a qualification
that the road oils were “produced by cutbacks
consisting
of petroleum residuum or petroleum distilates”.
As
the Agency subsequently has noted
(PC #9
at
par.
33),
there are
no road oils which are not so produced.
The Agency has
accordingly requested that this qualification be deleted
(Id.),
which has been done.
Closure
is required to be completed within two years after
the effective date of Part
615.
Closure
is not intended to be
required
if the unit ceases storing
or handling road oils prior
to this
time
(see PC
#9
at par.
34).
Section 615.702 ~alsosets out
in subsection
(c) provisions
by which exception
to required closure may be obtained.
For
a
general discussion of the required closure provision,
see page
18
herein.
102—451
—38—
Section 615.703 prescribes
that the owner
or operator of any
unit
subject
to
this
Subpart
shall
comply
with
the
groundwater
monitoring requirements and program of Subpart B.
Section 615.704 sets out various design and operating
requirements applicable to above—ground storage tanks.
For the
purposes of Part 615,
an above—ground storage
tank is defined at
Section 615.102 as a storage tank which is not an underground
storage tank,
in accordance with the Agency request
(PC
#9
at
par.
35).
Design
and
operating
requirements
include
providing
and
maintaining primary and secondary containment,
as well as various
prohibitions
against operating practices.
The design and
operating requirements are patterned after
and similar
to
35
Ill.
Adm.
Code:
Subpart
3
(PC
#9
at par.
36).
These
design
and
operating requirements are specified
in
subsection
(f)
as
becoming applicable
two years after
the effective date of the
instant rules.
Section 615.705 establishes
the closure requirements
applicable
to above—ground storage tanks.
Part 615,
Subpart
L: De—Icing Agent Storage and Handling Units
Subpart
L establishes special requirements for affected de—
icing agent facilities or units.
The Subpart is applicable
to
all units located wholly or partially within
a setback
zone.
The
Subpart does not apply to affected units which are located
in a
regulated
recharge
area,
unless
the
unit
is
also
located
within
a
setback
zone.
For
Subpart
L
to
be
applicable,
the
unit
must
also
store
or
accumulate more than 50,000 pounds of de—icing agent at
any one
time.
In the Agency’s original proposal
as well
as Section
l4.4(a)(5)
of the Act reference
is made
to the applicability of
the Subpart
to de—icing agent
units located
at
a “central
location”.
In response
to
a query of the definition of “central
location”
(R.
at 408),
the Agency has responded
that it intended
the term to
be defined
as a unit which stores or
accumulates more
than 50,000 pounds of de—icing agent at any one time (PC
#
3 at
par.
32).
Since this definition
is unique to this Subpart,
the
Board
believes that clarity is to be gained by simply using
the
wording
of the definition and excluding the phrase “central
location”.
Subpart
L
is similar
to Subparts
G,
I,
and
3
in
that it does
not require closure of the affected
facilities, but rather
specifies design and operating requirements which must
be met by
the owner
or operator.
These include the groundwater monitoring
requirements and program of Subpart
B.
Also included are design
and operating
requirements for
indoor
and outdoor units.
102—452
—39—
Definitions of indoor and outdoor units have been added
in
Secction 615.721
in accordance with the Agency’s request (PC #9
at par.
39).
DISCUSSION OF PART 616
Part
616
sets
forth
“Standards
for
New
Activities
Within
a
Setback Zone or Regulated Recharge Area” pursuant to the Section
14.4(d)
of the Act.
Many of the provisions of Part 616 are
identical
to provisions of Part 615,
and
in general, discussion
of these will not be repeated here.
Nevertheless,
there
are some several significan? differences
between the
two Parts, including:
1.
Part
616 has
no required closure provisions,
since
facilities of the type which have required closure
if
governed by Part 615 are statutorily prohibited
if
governed under Part 616.
2.
Each new facility or unit subject
to the groundwater
monitoring requirements of Part 616
is required
to
establish background concentrations for contaminants
likely to be present at or released from the facility or
unit.
These background concentrations constitute both
triggers and benchmarks
for preventive
and corrective
action.
3.
Where
corrective
action
must
be
undertaken,
new
facilities
are required
to clean
up groundwater
to
a
level
consistent
with background concentrations,
rather
than
to the level of the groundwater standards.
Part 616,
Subpart
A: General
Sections 616.101,
615,102,
616.103,
and 615.105 present
similar
or
identical introductory provisions
to those found
in
Part 615.
For purposes of economy,
the definitions of Section
615.102 are incorporated into Part 616 rather
than repeated,
except
for several definitions which are particular
to Part 616.
Section 616.104 sets out the two methods by which exceptions
to
the prohibitions against sitings of new facilities may be
achieved.
Both of
these exception procedures
are prescribed
in
the Act, and hence are statutory provisions.
The first method,
specified
at 616.104(a),
is the waiver provision
for setback
zones
of potable wat~rsupply wells other
than community water
supply wells
found
at Section 14.2(b)
of
the Act.
The second
method,
specified at 616.104(b),
is the provision
for the Board’s
granting of an exception for
setback zones
for community water
supply wells found at Section 14.2(c)
of the Act.
102—453
—40—
Neither of these
two subsections was present
in the Agency’s
original version.
These are introduced here
to provide unity to
the Part 616
regulations.
Part 616, Subpart B: Groundwater Monitoring Requirements
Subpart
B sets out the groundwater monitoring and corrective
action requirements applicable
to certain new regulated
activities.
All facilities or
units subject
to Part
616 are also
subject
to the groundwater monitoring requirements except
for
waste piles and
underground
storage
tanks.
In most of
its provisions,
Subpart B
is modeled after
35
Ill. Mm. Code 724.Subpart
F.
It thus also closely parallels
6l5.Subpart
B.
However,
as noted above,
there
is
a principal
difference between Parts
615
and 616 regarding the trigger and
objective for remedial action.
The significant differences are
discussed
below.
Section 616.207 sets out procedures for establishing
background concentrations and maximum allowable results.
The
procedure begins with the owner
or operator collecting
a series
of samples
intended to represent the background groundwater
quality.
The sampling must start at
or near
the beginning of
operation of
the facility (no later
than six months after
startup), and the parameters which must be sampled are those
which are most likely to be represented
in any contamination
deriving
from the facility.
Based upon these results the owner
or operator calculates summary statistics
(mean and standard
deviation)
and
a critical benchmark number,
the Maximum Allowable
Result
(“MAR”),
for each paçqmeter.
A MAR
is the upper limit of
the 95
confidence
interval-’-’
set about
the sample mean,
except
that
it
in no case may be larger
than the corresponding
groundwater
standard.
The procedures herein proposed
to calculate the
?1T\Rs
are
identical to
the procedures
recommended by the Agency (Agency
Proposal, Part 616,
p~
39).
However,
the calculation formula has
been simplified by combining the t—value and degrees—of—freedom
factor into
a single
factor.
As well,
the procedure has been
brought
into the body of the
regulations
rather than presented
in
an appendix.
17
In
the Agency proposal the calculation procedure
for
determining
this quantity
is characterized
as
a t—test
for
determining differences between means.
However,
the appropriate
terminology appears tobe
that presented here.
102—454
—41—
The entirety of
this Section has been substantially altered
from that presented in the Agency’s proposal.
The purpose
is
to
provide clarification without altering any basic principles.
Accordingly,
the Board asks that interested persons particularly
scrutinize this Section
to see
if this goal has been achieved.
Section 616.208 sets out the sampling procedures which are
to be followed after
completion of the background sampling
phase.
Except where
a non—compliance response
is required,
these
constitute
the normal,
continuing sampling requirements.
A non—compliance response is required whenever
an exceedence
of a MAR is
recorded.
Under this circumstance,
the owner or
operator
is
initially required to confirm the exceedence.
If the
confirmation
is obtained, the owner or operator
is then required
to proceed with either of the non—compliance programs specified
at Section 616.209
or 616.210.
The Agency version of
the
instant proposal
identified
the
circumstance where
a MAR is exceeded as constituting
a
“statistically significant
increase”.
The Board notes
that such
exceedence will not always be
a “statistically significant
increase”
in the normal term—of—art usage of this phrase nor
in
the rigid
sense
in
which
this
term
is
employed
by
statisticians.
Accordingly,
this term has not been used
in the
instant version
of the proposal.
Section 616.209 sets out one of the
two options available to
an owner
or operator who has identified
that a MAR has been
exceeded
in any sample.
This option requires
an accelerated
sampling and analysis schedule, plus the
initiation of
a
corrective action program
if exceedences of the MAR persists
for
more
than two consecutive months.
Section 616.210
sets out an
alternative non—compliance
program similar
to that of Section 615.210.
Section 616.211 prescribes
the elements necessary in
a
corrective action program.
These
are also similar
to the
elements set out
in Section 615.211, except
that the objective of
the corrective action is returning
the groundwater quality to the
level of the MAR rather than
to. the level of the groundwater
quality
standard.
This
distinction
was
not
present
in
the
Agency’s
original
proposal.
However,
the
Board
believes
that
it
may
be
inconsistent
with
the
objectives
of
the IPGA to allow
contamination
to build up or persist to the level
of
a
groundwater standard.
In
the
normal circumstance the groundwater standard will
be
greater
than
the MAR, which
in turn will be greater
than the pre—
facility
background
concen~tration.
Requiring
cleanup
to
a
level
no greater than the MAR thus
is generally more stringent than
102—455
—42—
proposed by the Agency, but generally less stringent than
recommended by those persons who favor
requiring cleanup to the
backgound level.
The Board
is not yet wedded
to the “MAR—
objective” concept,
and accordingly proposes
it today principally
for
the purpose of continued discussion.
Part 616, Subpart
C:
General Closure and Post—Closure
Requirements
6l6.Subpart C
is
identical
to 6l5.Subpart C except that new
land treatment units are subject
to 616.Subpart
C, whereas
existing land treatment units are not subject
to 6l5.Subpart
C.
Part 616, Subpart
D:
Landfills
Regulations for new landfill units are similar
to those for
existing units
found
in 6l5.Subpart
D.
However,
there
are
certain additional
requirements for new units.
These
include
requirements
for
liners,
cover,
and leachate collection systems
at Section 616.404.
They also include monitoring and
inspection
requirements similar
to those at
35
Ill. Mm.
Code 724.403
and
here found
at Section 616.405, and surveying and recordkeeping
requirements similar
to those at
35
Ill.
Adrn.
Code 724.409
and
here found
at Section 616.406.
Section 616.402 sets out
the statutory prohibitions against
the siting of new landfills found at Section 14.2(a),
14.2(d)
and
14.3(e)
of the Act.
Although this concept
is present
in the
Agency’s original proposal,
the language used
here to express the
prohibitions has been altered
to more closely track the language
of the Act.
In particular,
the
instant proposal employs the
terms “new potential primary source” and
“new potential secondary
source”
of the Act.
It
is possible that introduction of
the language
of the Act
into
this Section has altered the Agency’s original
intent.
For
example,
the Agency’s proposal limits
the siting within maximum
setback zones only of new special waste landfills, whereas the
instant version prohibits the siting of any landfill which
is
a
new potential primary source.
It
is not obvious that these
two
groups of landfills are equivalent.
The Board believes that the change proposed today,
to more
directly track
the Act,
is advisable since
it may ward off
potential confusion where
the prohibitions of the Act and those
considered herein may otherwise not be
in exact agreement.
It
may also alleviate the concern of the Defenders
that the Agency’s
construction
is
in violation of the Act
(PC #10
at
6—7).
The Board particularly requests comment on this matter.
The
Board further notes
that the change
to Act—based language
is also
herein proposed
for prohibitions associated with new facilities
102—456
—43—
other
than landfills (see Sections
616.422, 616.442,
616.462,
616.602,
616.622,
616.702,
and
616.722).
The request
for comment
also extends
to
these sections.
Section
616.402
also
contains a prohibition not specified
in
the Act.
It
is
a prohibition proposed by the Agency against new
on—site landfilling of
special wastes within
a regulated recharge
area if the distance
from the wellhead of
the community water
supply
well
to
the
proposed
landfill
is
less
than
2500
feet.
It
is to be noted that this prohibition can be
set aside either
during
the promulgation of the regulated recharge area or
as part
of
an
adjusted
standards
proceeding,
pursuant
to
Section
616.105.
Part 616,
Subpart
E:
Land
Treatment
Units
6l6.Subpart
B
is
similar
to
615.Subpart
E except
in the
provision of Section 616.424, which requires
that new land
treatment
units
be designed and operated
in accordance with
35
Ill.
Adm.
Code:
Subtitle
C
and
35
Ill.
Adrn.
Code:
Subtitle
G.
Section
616.422
contains
the
Act’s
statutory prohibition
against
the
siting
of
new
land
treatment
units
which
qualify
as
either
a
new
potential
primary
source
or
a
new
potential
secondary
source
(see discussion of Section 616.402,
above).
Part 616,
Subpart
F:
Surface Impoundments
616.Subpart
F
is similar
in
its thrust
to 6l5.Subpart
F.
However,
it does impose additional requirements on new surface
impoundments which go beyond those applicable
to existing surface
impoundments.
The principal among
these
is
the requirement
that
new surface impoundments be constructed
containing two liners
with
a leachate collection system between such liners,
found
at
Section 616.444.
Section 616.442 contains the Act’s statutory prohibition
against the siting of surface impoundments which qualify as
either
a new potential primary source or
a new potential
secondary source (see discussion of Section 616.402, above).
Part 616,
Subpart
G: Waste Piles
616.Subpart
G, applicable
to new waste piles,
is identical
to 6l5.Subpart G applicable
to existing waste piles, except
for
the
inclusion
in Section 616.462
of the statutory prohibition
against new waste
piles which
are also a new potential primary
source or new potential secondary source
(see discussion of
Section 616.402,
above).
102—457
—44—
Part 616, Subpart
H: Underground Storage Tanks
616.Subpart H applicable
to new underground storage tanks
is
identical to 6l5.Subpart H applicable to existing underground
storage tanks.
Part 616,
Subpart
I:
Pesticide Storage and Handling Units
6l6.Subpart
I
is
identical
to 615.Subpart
I, except
for
the
inclusion at Section 616.602 of the statutory prohibition against
the
siting of ~ new pesticide storage or handling facility which
is also either
a new potential primary source
or
a new potential
secondary source
(see discussion of Section 616.402, above).
Part
616,
Subpart
3:
Fertilizer
Storage
and
Handling
Units
616.Subpart 3
is
identical
to 6l5.Subpart
3,
except
for the
inclusion at Section 616.622
of the statutory prohibition against
the siting of
a new fertilizer storage
or handling facility which
is also either
a new potential primary source or
a new potential
secondary source
(see discussion of Section 616.402,
above).
Part 616,
Subpart
K: Road Oil Storage and Handling Units
6l6.Subpart K
is identical
to 6l5.Subpart
K,
except that the
required closure provision of
616.702
is replaced by the
statutory prohibition against the siting
of a new pesticide
storage or handling facility which
is also either
a new potential
primary source or
a new potential secondary source
(see
discussion of Section 616.402,
above).
Part 616,
Subpart
L:
De—Icing Agent Storage and Handling Units
616.Subpart
L is similar
in thrust
to 615.Subpart
I.
Provisions
which differ
include the statutory prohibition against
the siting
of
a new de—icing agent storage or handling facility
which
is also either
a new potential primary source or
a new
potential secondary source
(see discussion of Section 616.402,
above).
Additionally,
there
is
an added prohibition against the
siting of any new outdoor storage or handling facility within any
setback zone or
regulated recharge
area,
as proposed by the
Agency.
DISCUSSION OF PART 617
Part 617
is
intended
to be used as
the site
for regulations
delineating regulated recharge
areas.
Because no regulated
recharge areas have been prornulagate
as of this time,
the Part
is
essentially empty.
Nevertheless,
it is useful
to establish the
Part now to
reserve the Part
for future
use and
to allow for
consistent reference
to
the body of regulated recharge area
102—458
—45—
regulations within Parts
615
and
616.
Among
the items
that Part
617 will eventually include are the boundaries and effective date
of any regulated recharge
area, plus any special requirements or
exceptions that apply within the regulated recharge area.
ORDER
The Board hereby proposes
for First Notice
the following
additions and amendments to
35
Ill. Mm.
Code,
Subtitle F:
Public
Water Supplies,
Chapter
I, Pollution Control Boa~rd,Parts
601,
615,
616,
and 617.
The Clerk of the Board
is directed
to file
these proposed
rules with the Secretary of State.
102—459
—46—
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
F:
PUBLIC
WATER
SUPPLIES
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART
601
INTRODUCTION
Section
601.101
General Requirements
601.102
Applicability
601.103
Severability
601.104
Analytical Testing
601.105
Definitions
APPENDIX References
to
Former Rules
AUTHORITY:
Implementing Section
17 and authorized
by Section
27
of the Environmental Protection Act (Ill.
Rev.
Stat.
1987,
ch.
Ill 1/2,
pars.
1017 and 1027).
SOURCE:
Filed with Secretary of State January
1,
1978; amended
at
2
Ill.
Reg.
36,
p.
72, effective August
29, 1978;
amended
at
3
Ill.
Reg.
13,
p.
236,
effective
March
30,
1979;
amended
and
codified
at
6
Ill.
Reg.
11497,
effective
September
14,1982;
amended
at
6
Ill.
Reg.
14344,
effective
November
3,
1982;
amended
at
Ill.
Reg.
_______,
effective
________________
NOTE:
CAPITALIZATION DENOTES STATUTORY LANGUAGE
Section 601.105
Definitions
For purposes of this Chapter:
“Act” means
the Environmental Protection Act,
as
amended,
(Ill.
Rev.
Stat.
1981,
ch.
111 1/2,
pars.
1001
et seq.).
“Agency” means
the Illinois Environmental Protection
Agency
“Board”
means
the Illinois Pollution Control
Board.
“Boil Order” means
a notice
to boil all drinking and
culinary water
for
at least
five minutes before use,
issued by the proper authorities
to the consumers of
a
public water
supply affected, whenever
the
water being
supplied
may. have become bacteriologically contaminated.
“Certified Laboratory” means any laboratory approved by
the Agency or
the Illinois Department of Public Health
for
the specific -parameters
to
be examined,
as set out
in rules adopted pursuant
to the Administrative
102—460
—47—
Procedure Act,
(Ill.
Rev.
Stat.
1981,
ch.
127,
pars.
1001 et seq.).
“Chemical Analysis” means analysis for any inorganic
or
organic substance, with the exception of radiological
or
microbiological analyses.
“Confined Geologic Formations”
are geologic
water
bearing formations protected against the entrance of
contamination by other geologic formations.
“Disinfectant” means any oxidant,
including but not
limited
to chlorine,
chlorine dioxide,
chloramines,
and
ozone,
added
to water
in any part
of the treatment
or
distribution process,
which is intended
to kill or
inactivate pathogenic microorganisms.
“Dose Equivalent” means
the product of the absorbed dose
from ionizing radiation and such factors as account for
differences
in biological effectiveness due
to the type
of radiation and its distribution
in the body as
specified by the International Commission on
Radiological Units and Measurements
(ICRU).
“Gross Alpha Particle Activity” means the total
radioactivity due
to alpha particle emission as
inferred
from measurements on
a dry sample.
“Gross Beta Particle Activity” means the total
radioactivity due
to beta particle emission as inferred
from measurements on
a dry sample.
~?~et~rt~W~e~
~~8f~5
e~
~
Cf
4~ee~
w~e~
~et~m~
~e-~ew
~i~te g~et~~~t~~eee7
e~4i~
we~e~
?~fCfft
~t~g7
~
~e-re~
Cf
we~~7
4~e~et’~
~e~7
er~
~
“GROUNDWATER”
~4EANSUNDERGROUND WATER WHICH OCCURS WITHIN THE
SATURATED
ZONE
AND
GEOLOGIC
MATERIALS
WHERE
THE
FLUID
PRESSURE
IN
THE
PORE
SPACE
IS
EQUAL
TO
OR
GREATER
THAN
ATMOSPHERIC
PRESSURE.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2 par.
1003.64)
“Halogen” means one of the chemical elements chlorine,
bromine or
iodine.
“Man—Made Beta Particle and Photon Emitters” means
all
radionuclides emitting beta particles and/or photons
listed
in Maximum Permissible Body Burdens and Maximum
Permissible Concentration of Radionuclides
in Air
or
Water
for Occupational Exposure, National Bureau
of
Standards
(NBS) Handbook
69, except the daughter
products of thorium—232, uranium—235 and uranium—238.
102—461
—48—
“Maximum Total Trihalomethane Potential (MTP)” means the
maximum concentration of total trihalomethanes produced
in
a given water containing
a disinfectant residual
after
7 days at
a temperature of 25°Cor above.
“Official Custodian” means any officer of an
organization which is the owner
or operator of a public
water
supply,
and
who has direct administrative
responsibility for
the supply.
“Persistent Contamination” exists when analysis
for
total coliform
is positive
in one or more samples of a
routine sample set,
and when
three or more subsequent
check samples indicate the presence of contamination.
“Picocurie
(pCi)” means that quantity of radioactive
material producing 2.22 nuclear transformations
per
minute.
“Recurring Contamination” exists when analysis of total
coliform
is positive
in one or more samples of
a
routine
sample set,
if this occurs
four
or more times
in a
calendar year.
“Rem” means
the unit of dose equivalent from ionizing
radiation to the total body or
any internal organ or
organ
system.
A “millirem (mrem)”
is 1/1000
of
a
rem.
“Re—sell Water” means
to deliver
or
provide potable
water,
obtained from
a public
water supply subject
to
these
regulations,
to the consumer, who
is then
individually or specifically billed
for water service,
or where any monetary assessment
is levied or
required
and specifically used
for water
service.
Water
supply
facilities owned or operated by political subdivisions,
homeo-.-.’riers
associations,
and
not—for—profit
associations,
as well
as privately owned utilities
regulated
by the Illinois Commerce Commission,
are con-
sidered
to sell water whether
or
not
a charge
is
specifically made
for water.
“Service Connection”
is the opening,
including all
fittings and appurtenances,
at the water main through
which
water
is supplied
to the user.
“Surface Water” means
all tributary streams
and drainage
basins,
including natural lakes
and artificial
reservoirs,
which may affect
a specific water supply
above
the point of water supply intake.
“Surface Water
Supply Source” means any surface water
102--462
—49—
used as a water
source
for
a public water
supply.
“Supply” means
a public
water
supply.
“Total Trihalomethanes
(TTHM)” means
the sum of the
concentration
in milligrams per liter
of the
trihalomethane compounds trichloromethane
(chloroform),
dibromochloromethane, bromodichloromethane and
tribromomethane (bromoform),
rounded
to two significant
figures.
“Trihalomethane
(TUM)” means one of the family of
organic compounds named as derivatives of methane,
wherein three
of the four hydrogen atoms
in methane are
each substituted by
a halogen atom
in the molecular
structure.
“Water
Main” means any pipe for the purpose of
distributing potable water which serves or
is accessible
to more
than one property, dwelling,
or
rental
unit,
and
is exterior
to buildings.
(Source:
Amended
in
1(89—5
at
Ill.
Reg.
________
effective
____________)
102—4~3
—50—
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
F:
PUBLIC WATER SUPPLIES
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 615
EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
Section
615.101
615. 102
615.103
615.104
615.105
SUBPART
A:
GENERAL
Purpose
Definitions
Incorporations
by
Reference
Prohibitions
General Exceptions
SUBPART
B: GROUNDWATER MONITORING REQUIREMENTS
Applicability
Compliance Period
Compliance with Groundwater Standards
Groundwater Monitoring System
Groundwater Monitoring Program
Contaminants
to be Monitored
Sampling Frequency
Reporting
Non-Compliance Response Program
Alternate Non—Compliance Response Program
Corrective Action Program
SUBPART C:
GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
Applicability
Closure Performance Standard
Certificate
of Closure
Survey Plat
Post—Closure Notice for Waste Disposal Units
Certification of Completion of Post—Closure Care
Post—Closure Care Period
SUBPART
0:
LANDFILLS
Section
615. 401
615.402
615.403
615.404
615.405
Applicability
Required Closure
of Units Located Within Minimum Setback
Zones
Required Closure
of Units Located Within Maximum Setback
Zones
Required Closure of Units Located Within Regulated
Recharge Areas
Groundwater Monitoring
Section
615. 201
615.202
615. 203
615.204
615.205
615.206
615.207
615.208
615.209
615. 210
615. 211
Section
615. 301
615.302
615.303
615.304
615.305
615.306
615.307
102—464
—51—
615.406
Operating Requirements
615.407
Closure and Post—Closure Care
Applicability
Required Closure of Units Located Within Minimum Setback
Zones
615.423
Required
Closure
of
Units
Located
Within
Maximum
Setback
Zones
615.424
Closure
and
Post—Closure
Care
SUBPART
F:
SURFACE IMPOUNDMENTS
Applicability
Required Closure of Units Located Within Minimum Setback
Zones
615.443
Required
Closure
of
Units
Located
Within
Maximum
Setback
Zones
Groundwater Monitoring
Inspection Requirements
Operating Requirements
Closure and Post—Closure Care
Applicability
Design
and Operating Requirements
Closure
Applicability
Design and Operating Requirements
SUBPART
I:
PESTICIDE STORAGE AND HANDLING UNITS
Section
615.601
615.602
615.603
615.604
Section
615.621
615.622
Applicability
Groundwater Monitoring
Design and Operating Requirements
Closure and Post—Closure Care
SUBPART 3: FERTILIZER STORAGE AND HANDLING UNITS
Applicability
Groundwater Monitoring
Section
615.421
615.422
SUBPART
B:
LAND TREATMENT UNITS
Section
615.441
615.442
615.444
615. 445
615.446
615.447
Section
615.461
615. 462
615. 463
Section
615. 501
615.502
SUBPART
G: WASTE
PILES
SUBPART
H:
UNDERGROUND
STORAGE
TANKS
102—46 5
—52—
615.623
Design and Operating Requirements
615.624
Closure
and Post—Closure Care
SUBPART
K: ROAD OIL STORAGE AND HANDLING UNITS
Section
615.701
Applicability
615.702
Required Closure of Units Located Within Minimum Setback
Zones
615.703
Groundwater Monitoring
615.704
Design and Operating Requirements
615.705
Closure
SUBPART
L:
DE—ICING AGENT STORAGE AND HANDLING UNITS
Section
615.721
Applicability
615.722
Groundwater Monitoring
615.723
Design and Operating Requirements
615.724
Closure
AUTHORITY:
Implementing Sections
5,
14.4,
21,
and
22, and
authorized
by Section
27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2, pars.
1005,
1014.4,
1021,
1022,
and 1027).
SOURCE:
Adopted
in
1(89—5
at
Ill.
Reg.
______________
effective __________________________
NOTE:
CAPITALIZATION DENOTES STATUTORY LANGUAGE.
SUBPART
A:
GENERAL
Section 615.101
Purpose
This Part prescribes requirements and standards
for
the
protection
of groundwater
for certain types
of existing
facilities
or units
located wholly or partially within
a setback
zone regulated
by the Act or within
a regulated recharge area
as
delineated pursuant
to Section 17.4
of the Act.
Section 615.102
Definitions
Except
as
stated
in this Section, and 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
those
used
in
the Act or the Illinqis Groundwater Protection Act
(Ill.
Rev.
St~t. 1987,
ch.
111
1/2,
oars.
7451
et
seq.):
“Above—ground storage
tank” means
a storage
tank t~h.t
is
not an underground storage tank.
102—466
—53—
“Act” means the Environmental Protection Act (Ill.
Rev.
Stat.
1987,
ch.
111
1/2, pars.
1001 et
seq.)
“Agency” means
the Illinois Environmental Protection
Agency.
“Board” means the Illinois Pollution Control Board.
“Certification” means
a
statement of professional
opinion based
upon knowledge and belief.
“COMMUNITY WATER SUPPLY” MEANS A PUBLIC SUPPLY WHICH
SERVES OR
IS
INTENDED TO SERVE AT LEAST
15 SERVICE
CONNECTIONS USED BY RESIDENTS OR REGULARLY SERVES AT
LEAST
25 RESIDENTS.
(Ill.
Rev.
Stat.
1987,
ch.
ill 1/2
par.
1003.05)
“Compliance point” means any point which
is located
directly beneath
a facility boundary,
is located within
the uppermost aquifer, and
is
at a hydraulically
downgradient point of groundwater
flow.
If groundwater
flow directions vary temporally or vertically, there may
be more
than one compliance point.
“Construction has commenced” means that all necessary
federal,
state,
and local approvals have been obtained,
and work at the site has been
initiated and proceeds
in
a reasonably continuous manner
to completion.
“Container” means any portable device (including, but
not limited
to,
55 gallon drums)
in which material
is
stored,
treated, disposed
or
otherwise handled.
The
term “container” does
not include
a vehicle
used
to
transport material.
“Containerized” means being
in
a container.
“CONTAMINANT”
IS ANY SOLID, LIQUID, OR GASEOUS MATTER,
ANY ODOR,
OR ANY FORM OF ENERGY,
FROM WHATEVER SOURCE.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.06)
“CONTAMINATION”
OR “CONTAMINATE” WHEN USED IN CONNECTION
WITH GROUNDWATER, MEANS WATER POLLUTION OF SUCH
GROUNDWATER.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1003. 63)
“De—Icing agent” means
a chemical used
for de—icing,
including
but
not
limited
to
sodium
chloride
and
calcium
chloride.
Sand,
ashes,
or other
abrasive materials that
do
not
alter
the
freezing
point
of
water
are
not
de—
icing
agents.
102—~t67
—54—
“Dike”
means
an
embankment
or
ridge
of
either
natural
or
manmade
materials
used
to
prevent
the
movement
of
liquids,
sludges,
solids,
or
other
materials.
“Discharge”
means
the
accidental
or
intentional
spilling,
leaking,
pumping,
pouring,
emitting,
emptying
or
dumping
of
any
material
onto
or
on
any
land
or
water.
“DISPOSAL”
MEANS
THE
DISCHARGE,
DEPOSIT,
INJECTION,
DUMPING,
SPILLAGE,
LEAKING
OR
PLACING
OF
ANY
WASTE
O1~
HAZARDOUS
WASTE
INTO
OR
ON
ANY
LAND
OR
WATER
OR
INTO
ANY
WELL
SO
THAT
SUCH
WASTE
OR
HAZARDOUS
WASTE
OR
ANY
CONSTITUENT
THEREOF
MAY
ENTER
THE
ENVIRONMENT
OR
BE
EMITTED INTO THE AIR OR DISCHARGED INTO ANY WATERS,
INCLUDING GROtJNDWATERS.
(Ill.
Rev.
Stat.
1987,
ch.
Ill
1/2
par.
1003.08)
“Existing
facility”
or
“existing
unit”
means
a
facility
or
unit
which
was
in
operation
or
for
which
construction
has commenced on or before:
The effective date of this Part,
for any facility
or unit located within
a minimum setback
zone;
The effective date of an ordinance
or
regulation
that establishes
a maximum setback
zone,
for
any
facility or unit located within that zone;
ot
The effective date
of
a
regulated recharge area
as
delineated
in 35
Ill.
Adm.
Code
617,
for
any
facility or unit located within
that area.
A facility or unit is not an
existing faciliLy or
unit
if
it closes on or before:
The
effective
date
of this Part,
for
ony
facility
or
unit located within
a
mir~~:1~
setback
zone;
The effective date of an ordinance or
regulation that establishes
a maximum sr~tb~ck
zone,
for any facility or unit located vithin
that zone;
or
The effective date of
a regulated recharge
area
as delineated
in 35
Ill. Mm.
Code 6~7,
for any facility or unit
located within ~hnt
area.
“Facility”
means
all contiguous land and structwen,
other appurtenances and improvements on the
lon~i ned
for
the treating,
storing, handling,
or disposal
Of
any
102—468
—55—
material which causes that unit to
be regulated under
this Part.
A facility may consist of one or more
operational
units.
“Facility boundary” means
a line
at
the land’s surface
circumscribing
the
area
on
which,
above
or
below
which
waste, pesticides,
fertilizers, road oils or de—icing
agents will be placed during the active life of the
facility.
The space taken up by any liner, dike or
other barrier designed
to contain waste,
pesticides,
fertilizers,
road
oils
or
de—icing
agents
falls
within
the facility boundary.
“Freeboard” means
the vertical distance between
the top
of
a tank or dike and the surface
of the material
contained therein.
“Free
liquids”
means
liquids
which
readily
separate
from
the solid portion of
a waste
under
ambient temperature
and pressure.
To demonstrate
the absence
or presence of
free liquids
in either
a containerized or
a bulk waste,
the following
test must
be used:
Method 9095
(Paint
Filter Liquids Test)
as described
in “Test Methods
for
Evaluating Solid Wastes,
Physical/Chemical
Methods.”
(EP.A Publication No.
SW—846,
incorporated by reference
in Section 615.105).
“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS
WITHIN THE SATURATED ZONE AND GEOLOGIC MATERIALS WHERE
THE FLUID PRESSURE IN TUE PORE SPACE
IS EQUAL TO OR
GREATER THAN ATMOSPHERIC PRESSURE.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2,
par.
1003.64))
“Groundwater
standards”
means
The water quality standards
for groundwater
adopted
by the Board under Section
8 of
the Illinois
Groundwater
Protection
Act
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2,
par.
7458);
and
The water quality standards set forth
in
35
Ill.
Mm.
Code
302
or
303,
to
the
extent
these
are
applicable
to groundwater.
“HAZARDOUS WASTE” MEANS A WASTE, OR COMBINATION OF
WASTES, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION,
OR
PHYSICAL,
CHEMICAL, OR INFECTIOUS CHARACTERISTICS MAY
CAUSE OR SIGNIFICANTLY CONTRIBUTE TO AN INCREASE
IN
IRREVERSIBLE,
OR INCAPACITATING REVERSIBLE,
ILLNESS;
OR
POSE
A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO HUMAN
HEALTH OR THE ENVIRONMENT WHEN IMPROPERLY TREATED,
STORED,
MANAGED,
AND
WHICH
HAS
BEEN
IDENTIFIED,
BY
102—469
—56—
CHARACTERISTICS
OR
LISTING,
AS
HAZARDOUS
PURSUANT
35
Ill.
Adm.
Code
721.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.15)
“Ignitable
material”
is
a
material
which
meets
one
or
more
of
the
following
criteria:
It
is
a
liquid,
other
than
an
aqueous
solution
containing
less
than
24
percent
alcohol
by
volume
and
has
a
flash
point
less
than
60°
C
(140°
F),
as
determined
by
a
Pensky—Martens
Closed
Cup
Tester,
using
the test method specified
in the Amer icari
Society
for
Testing
and
Materials
(ASTM)
Method
D~
93,
or
a
SetaFlash
Closed
Cup
Tester,
using
the
test
method
specified
in
ASTM
Method
D—3828,
as
incorporated
by
reference
in
Section
615.103;
It
is
not a liquid and
is capable, under standard
temperature
and
pressure,
of
causing
fire
through
friction,
absorption
of
moisture,
or
spontaneous
chemical
changes
and,
when
ignited,
burns
so
vigorously
and
persistently
that
it
creates
a
hazard;
It
is
an ignitable compressed gas as defined
in 49
CFR 173.300 and as determined by the
test methods
described
in that regulation;
or
It
is
an
oxidizer
as
defined
in
49
CFR
173.151.
“Incompatible material” means
a material which may:
Cause
corrosion or
decay of containment materials
(e.g., container
inner liners
or
tank walls);
or
When
commingled
with
another
material,
produces
heat or pressure,
fire, explosion,
violent
reaction,
toxic dusts, mists,
fumes or gases,
or
flammable fumes
or gases.
“Landfill”
means
a
unit
or
part
of
a
facility
where
waste
is
placed
in
or
on
land
for
disposal
and
which
in
not a land
treatment unit, surface impoundment
or
an
underground injection well.
“Landfill cell” means
a discrete volume of
a landfill
which
uses
a liner
to provide isolation of wastes
from
adjacent cells
or wastes.
Examples
of landfill celin
are trenches or
pits.
“LANDSCAPE WASTE”
MEANS ALL ACCUMULATIONS
OF
GRASS
OE
SHRUBBERY
CUTTINGS,
LEAVES,
TREE
LIMBS
AND
OTHER
102—470
—57—
MATERIALS ACCUMULATED AS THE RESULT OF THE CARE
OF
LAWNS,
SHRUBBERY, VINES AND TREES.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.20)
“Land
treatment” means the application of waste onto or
incorporation
of
waste
into
the
soil
surface.
“Leachate” means any liquid,
including
suspended
components
in
the
liquid,
that
has percolated through or
drained
from
a material.
“Licensed water well contractor” means
a person licensed
under
the Water Well
and Pump Installation Contractor’s
License Act (Ill.
Rev.
Stat.,
ch.
111 1/2,
pars. 7101
et
seq.,
as
amended).
“Liner” means
a continuous
layer
of natural
or manmade
materials beneath
or on the side of a surface
impoundment,
landfill,
landfill
cell, waste pile,
or
storage pile which restricts the downward or
lateral
escape of waste, waste constituents,
leachate or
stored
materials.
“New facility”
or “new unit” means
a facility or
unit
which
is not an existing facility
or
unit.
“NON—COMMUNITY WATER SUPPLY” MEANS
A PUBIC WATER SUPPLY
THAT IS NOT A COMMUNITY WATER SUPPLY.
(Ill.
Rev.
Stat.
1987,
ch.
ill
1/2
par.
1003.05)
“Non-special waste” means
a waste which
is not a
special
waste.
“Non—public water
supply” means
a water
supply that
is
not a public water
supply.
“Off—site”
means
not on—site.
“On—site”,
“on the site”,
or “on the same same site”
means
the same or geographically contiguous property
which may be divided by public or
private right—of—way,
provided the entrance and
exit between
the properties
is
at
a
crossroads
intersection
and
access
is
by
crossing
as
opposed
to
going
along
the
right—of—way.
Noncontiguous
properties
owned
by
the same person but
connected
by
a right—of—way which he controls and
to
which the public does not have access
is also considered
on—site property.
“Operator”
means
the person responsible
for
the overall
operation of
a facility or unit.
102—47 1
—58—
“Owner”
means
the
person
who
owns
a
site
or
part
of
a
site,
or
who
owns
the
land
on
which
the
site
is
located.
“PESTICIDE”
MEANS
ANY
SUBSTANCE
OR
MIXTURE
OF
SUBSTANCES
INTENDED FOR PREVENTING,
DESTROYING,
REPELLING,
OR
MITIGATING
ANY
PEST
OR
ANY
SUBSTANCE
OR
MIXTURE
OF
SUBSTANCES
INTENDED
FOR
USE
AS
A
PLANT
REGULATOR,
DEFOLIANT
OR
DESICCANT.
(Ill.
Rev.
Stat.
1987,
ch.
ill
1/2
par.
1003.68)
“Pile”
means
any
noncontainerized
accumulation
of
solid,
non—flowing
material
that
is
used
for
treatment
or
storage.
“POTABLE”
MEANS
GENERALLY
FIT
FOR
HUMAN
CONSUMPTION
IN
ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND
PRACTICES.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2 par.
1003.65)
“PUBLIC WATER SUPPLY” MEANS ALL MAINS, PIPES AND
STRUCTURES
THROUGH
WHICH
WATER
IS
OBTAINED
AND
DISTRIBUTED TO THE PUBLIC,
INCLUDING WELLS AND WELL
STRUCTURES,
INTAKES
AND
CRIBS,
PUMPING
STATIONS,
TREATMENT
PLANTS,
RESERVOIRS,
STORAGE
TANKS
AND
APPURTENANCES, COLLECTIVELY OR SEVERALLY,
ACTUALLY USED
OR INTENDED FOR USE FOR THE PURPOSE OF FURNISHING WATER
FOR
DRINKING
OR
GENERAL
DOMESTIC
USE
AND
WHICH
SERVE
AT
LEAST
15 SERVICE CONNECTIONS OR WHICH REGULARLY SERVE AT
LEAST 25 PERSONS AT LEAST
60 DAYS PER YEAR.
A PUBLIC
WATER SUPPLY IS EITHER A “COMMUNITY WATER SUPPLY”
OR A
“NON—COMMUNITY WATER SUPPLY”.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.28)
“Reactive
material”
means
a
material
which
meets
one
or
more of the following criteria:
It
is normally unstable and readily undergoon
violent change without detonating;
It
reacts
violently
with
water;
It
forms
potentially
explosive
mixtures
with
water;
When mixed with water,
it generates toxic gases,
vapors,
or fumes
in
a quantity sufficient
to
present
a danger
to human health or the
environment;
It
is capable of detonation
or explosive reaction
if
it
is subject
to
a strong
initiating
source,
or
if heated under confinement;
102 —472
—59—
It
is readily capable of detonation or explosive
decomposition or
reaction at standard temperature
and pressure;
or
It
is
a forbidden explosive
as defined
in 49 CFR
173,
or
a Class A explosive
as defined
in
49 CFR
173.53
or
a Class B explosive
as defined
in
49 CFR
173.
88.
“Registered
land surveyor” means
a person registered
under
the Illinois Land Surveyors Act
(Ill.
Rev.
Stat.
1987,
ch.
111,
pars.
3201
et seq.).
“Registered professional engineer” means a person
registered
under
the Illinois Professional
Engineering
Act
(Ill.
Rev.
Stat.
1987,
ch.
111,
par.
5101
et
seq.).
“REGULATED RECHARGE AREA”
MEANS
A COMPACT GEOGRAPHIC
AREA,
AS DETERMINED BY THE BOARD pursuant
to Section
17.4
of the Act,
THE GEOLOGY OF WHICH RENDERS A POTABLE
RESOURCE GROUNDWATER PARTICULARLY SUSCEPTIBLE TO
CONTAMINATION.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1003.67)
“Road oil” means slow—curing asphaltic oils which show
no separation on standing and which are
used for road
construction, maintenance or repair.
“Runoff” means
any rainwater,
leachate or other
liquid
that drains over
land from any part
of a facility.
“Run—on” means any rainwater,
leachate or
other liquid
that drains over land onto any part of
a facility.
“Secondary containment structure” means
any structure or
basin intended
to contain spills and prevent runoff or
leaching
from
piles,
containers,
or
tanks
and
related
piping.
“SETBACK ZONE” MEANS A GEOGRAPHIC AREA,
DESIGNATED
PURSUANT TO THIS ACT,
CONTAINING A POTABLE WATER SUPPLY
WELL OR
A POTENTIAL SOURCE OR POTENTIAL ROUTE HAVING A
CONTINUOUS BOUNDARY, AND WITHIN WHICH CERTAIN
PROHIBITIONS
OR REGULATIONS ARE APPLICABLE
IN ORDER
TO
PROTECT
GROUNDWATERS.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.61)
“SITE” MEANS ANY LOCATION,
PLACE, TRACT OF
LAND,
AND
FACILITIES,
INCLUDING BUT NOT LIMITED TO BUILDINGS,
AND
IMPROVEMENTS
USED FOR PURPOSES SUBJECT TO REGULATION OR
CONTROL BY THIS ACT OR REGULATIONS THEREUNDER.
(Ill.
Rev.
Stat.
1987,
ch.
ill 1/2 par.
1003.43)
102—473
—60—
“SPECIAL
WASTE”
MEANS
ANY
SOLID,
SEMI—SOLID,
OR
LIQUID
WASTE GENERATED FROM A MUNICIPAL, COMMERCIAL, OR
INDUSTRIAL
WASTEWATER
TREATMENT
PLANT,
WATER
SUPPLY
TREATMENT PLANT, OR AIR POLLUTION CONTROL FACILITY OR
ANY
OTHER
SUCH
WASTE
HAVING
SIMILAR
CHARACTERISTICS
AND
EFFECTS.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.44)
“STORAGE”
means
the
holding
or
containment
of
a
material,
either
on
a
temporary
basis
or
for
a
period
of
years,
in
such
manner
as
not
to
constitute
disposal
of
such material.
(Ill.
Rev.
Stat. 1987,
ch.
ill 1/2
par.
1003.46)
“Surface impoundment” means
a natural topographical
depression, man—made excavation,
or diked area that
is
designed
to hold
liquid wastes or wastes containing
free
liquids.
“Surface
water”
means
all
water
the
surface
of
which
is
exposed
to atmosphere.
“Tank” means a stationary device, designed
to contain
an
accumulation
of material which
is constructed of
non—earthen materials
(e.g., wood,
concrete, steel,
plastic) which provide structural
support.
The term
“tank” does
not
include
areas used
to accumulate
materials prior
to pumping
to tanks or containers
(i.e.,
sump pits)
or
associated
piping.
The term “tank”
does
not
include
vehicles
used
to
transport
material.
“Treatment” means any method, technique
or process,
including neutralization,
designed
to change the
physical,
chemical or biological
character
or
composition of
any material
so
as
to neutralize such
material,
or
so
as
to recover
energy or materini
resources from the material or
so as
to render
such
material nonhazardous
or
less hazardous;
safer
to
transport,
store
or
dispose
of,
or
amenable
for
recovery,
amenable
for
storage
or
reduced
in
volume.
“Underground storage
tank” means as a storage
tank
as
defined
at
35
Ill. Mm.
Code 731.101(f).
“UNIT” MEANS ANY DEVICE,
MECHANISM,
EQUIPMENT,
OR AREA
(EXCLUSIVE
OF LAND UTILIZED ONLY FOR AGRICULTURAL
PRODUCTION).
(Ill.
Rev.
Stat.
1987,
ch.
ill 1/~ ~u
1003.62)
“Uppermost aquifer” means
the geologic formation nearest
the
natural
gtound
surface
that
is
an
aquifer,
as
wefl
i02—474
—61—
as lower aquifers that are hydraulically interconnected
with this aquifer
within the facility boundary.
“WASTE”
MEANS
ANY
GARBAGE,
SLUDGE
FROM
A
WASTE
TREATMENT
PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION
CONTROL FACILITY OR OTHER DISCARDED MATERIAL,
INCLUDING
SOLID,
LIQUID, SEMI—SOLID,
OR CONTAINED GASEOUS MATERIAL
RESULTING FROM INDUSTRIAL, COMMERCIAL,
MINING AND
AGRICULTURAL OPERATIONS, AND FROM COMMUNI’rY ACTIVITIES,
BUT DOES NOT INCLUDE:
Industrial discharges with NPDES permits issued
pursuant
to
35
Ill. Mm.
Code
309;
Source,
spent nuclear,
or by—product materials
as
defined
by the Atomic Energy Act of 1954
(42 U.S.C.
2014);
Any solid
or dissolved material from any material
subject
to
62
Ill. Mm.
Code 1700 et
seq.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.53)
“Waste pile” means
a pile consisting
of waste which has
a total volume greater
than
10 cubic yards or which
is
stored for over
90
days.
“WATERS” MEANS ALL ACCUMULATIONS OF WATER,
SURFACE AND
UNDERGROUND, NATURAL, AND ARTIFICIAL,
PUBLIC AND
PRIVATE,
OR PARTS THEREOF, WHICH ARE WHOLLY OR PARTLY
WITHIN,
FLOW THROUGH, OR BORDER UPON THIS
STATE.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1003.56)
“WELL” MEANS A BORED, DRILLED OR DRIVEN SHAFT,
OR DUG
HOLE, THE DEPTH OF WHICH IS GREATER THAN THE LARGEST
SURFACE DIMENSION.
(Ill.
Rev.
Stat.
1987,
ch.
ill 1/2
par.
1003.57)
Section
615.103
Incorporations by Reference
a)
The
Board
incorporates
the following material by
reference:
1)
49 CFR 173
(1988).
2)
American
Society
for
Testing
and
Materials
(ASTM)
Standard D—93—79
or D—93—80,
and ASTM Standard D—
3828—87
(Available
from:
ASTM;
1916
Race
Street;
Philadelphia, PA 10103;
(215)
299—5400).
3)
“Test Methods
for Evaluating Solid Wastes,
Physical/Chemical Methods,” EPA Publication No.
SW—
846
(Second Edition,
1982,
as amended
by Update
I
102—475
—62—
(April, 1984)
and Update
II
(April,
1985)).
(Available
from:
Superintendent
of
Documents,
U.S.
Government Printing Office, Washington, D.C.
20401,
(202—783—3238)).
b)
This Section incorporates no later amendments or
editions.
Section 615.104
Prohibitions
No person shall
cause
or allow the construction,
use or operation
of any facility or
unit
in violation of the Act or regulations
adopted
by
the
Board
thereunder,
including
but
not
limited
to
this Part.
Section 615.105
General Exceptions
This Part does not apply
to any facility or unit,
or
to the owner
or operator
of any facility or
unit:
a)
For which
the owner or operator obtains certification of
minimal hazard pursuant
to Section
14.5 of
the Act;
or
b)
For which different requirements
are imposed
in an
adjusted standard proceeding
or
as part of
a site—
specific
rulemaking, pursuant
to Title VII
of the Act.
c)
For which different requirements
are
imposed
in
a
regulated recharge area proceeding pursuant to Section
17.4
of
the
Act;
or
d)
Which
is LOCATED ON THE SAME SITE
AS A NON—COMMUNITY
WATER SYSTEM WELL AND FOR WHICH THE OWNER
IS THE SAME
FOR BOTH THE facility or unit AND THE WELL.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1014.4(b));
or
e)
Which
is located WITHIN A REGULATED RECHARGE AREA AS
DELINEATED
in
35
Ill.
Adm.
Code
617,
PROVIDED THAT:
1)
THE BOUNDARY OF THE LATERAL AREA OF INFLUENCE OF A
COMMUNITY WATER SUPPLY WELL LOCATED WITHIN THE
REGULATED RECHARGE AREA does not INCLUDE SUCH
facility or unit THEREIN;
2)
THE
DISTANCE FROM THE WELLHEAD OF THE COMMUNITY
WATER SUPPLY TO THE facility
or unit EXCEEDS
2500
FEET;
AND
3)
THE COMMUNITY WATER SUPPLY WELL WAS not
IN
EXISTENCE PRIOR TO JANUARY
1,
1988.
102—476
—63—
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1014.4(b)).
f)
Nothing
in this Section shall
limit
the authority of
the
Board
to impose requirements on
any facility or unit
within any portion of any setback
zone or regulated
recharge area as part of any adjusted standard
proceeding,
site—specific rulemaking
or
a regulatory
proceeding
establishing the regulated recharge area.
SUBPART B:
GROUNDWATER MONITORING REQUIREMENTS
Section 615.201
Applicability
This Subpart applies
to:
a)
Landfill units subject
to Subpart
D;
b)
Surface impoundments subject
to Subpart
F;
c)
Pesticide storage
and handling units subject
to Subpart
I;
d)
Fertilizer
storage and handling
units subject
to Subpart
e)
Road oil storage and handling units subject to Subpart
K; and
f)
De—icing
agent storage and handling units subject to
Subpart
L.
Section 615.202
Compliance Period
The compliance period
is the
active life of
the unit,
including
closure
and post—closure care periods.
a)
The
active
life
begins
when
the
unit
first
begins
operation or on the effective date
of
this Part,
whichever occurs
later, and ends when the post—closure
care period ends.
b)
The post—closure care period
for units other than
landfill units
is
five years
after closure,
except as
provided
at Section 615.211(e).
c)
The
post—closure
care period
for landfill units
is
fifteen
years
after
closure,
except
as
provided
at
Section 615.211(e)
or
as may be provided by other
Board
regulations.
102—477
—64—
d)
Subsections
(b)
and
(c) notwithstanding,
there
shall be
no post—closure care period
if all waste, waste
residues, contaminated containment system components and
contaminated subsoils are removed or decontaminated at
closure,
and there
is no ongoing corrective action
pursuant
to Section 615.211.
Section 615.203
Compliance With Groundwater Standards
The
owner
or
operator
shall
comply
with
the
groundwater
standards.
a)
The term of compliance is the compliance period.
b)
Compliance
shall be measured at the compliance point,
or
compliance points
if more than one such point exists.
Section 615.204
Groundwater Monitoring System
a)
Except
as provided otherwise
in subsection
(b),
the
groundwater monitoring system must consist of a
sufficient number
of wells,
installed
at appropriate
locations and depths
to yield groundwater samples
from
the uppermost aquifer
that:
1)
Represent the quality of background water
that has
not been affected by contamination from
the
facility or unit;
and
2)
Represent
the quality of groundwater at compliance
point
or
points.
b)
If
a potable well can
be used
as
a monitoring
well
pursuant
to this subsection,
no additional monitoring
wells are required under
this Section.
A potable well
may
be
used
as
a
monitoring
well
if:
1)
The unit
is located within a setback zone
for
a
potable
well
other
than
a
community
water
supply
well;
2)
The well has been. inspected by a licensed water
well contractor;
3)
The owner
or operator
of the
unit seeking
to use
the well
as
a monitoring well certifies
to
the
Agency
that the well
is constructed
in accordance
with th~eIllinois Water Well Construction Code
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2,
pars.
116.11.
et
seq.,
as amended)
and
35
Ill.
Adm.
Code
920,
or
that
the
welj.
is constructed
in
accordance with the
criteria~adoptedby the Agency pursuant
to
35
IlL.
Mm.
Code ~60?..ll5;and
102—478
—65—
4)
The
unit
treats
and
disposes
solely
non—special
waste
if the unit
is
a landfill
or
a surface
impoundment.
c)
If
a facility contains more than one unit, separate
groundwater monitoring systems are not required
for each
unit, provided
that provisions
for sampling the
groundwater
in the uppermost aquifer will
enable
detection and measurement
at the compliance point
or
points of the contaminants which have entered the
groundwater from all units.
d)
Monitoring wells
other than potable wells must be
designed and constructed
in
a manner that will enable
the collection of groundwater
samples during
the
compliance period.
Well casings
and screens must be
made from durable material resistant
to expected
chemical or physical degradation,
and must be made of
materials that do not interfere with the quality of
groundwater samples being collected.
Well casings and
screens must be made
from fluorocarbon resins or
stainless steel
in the saturated zone
if volatile
organic
sampling
may
be
required
during
the
monitoring
period.
The annular
space opposite the screened section
of the well (i.e.,
the space between the bore hcle
and
well screen) must be
filled with gravel
or
sand
if
necessary to collect groundwater samples.
The annular
space
above
the well screen must be sealed
to prevent
downward migration of water
from overlying formations
and
the surface
to the sampled depth.
Section 615.205
Groundwater Monitoring Program
The
owner
or
operator
shall
develop
a groundwater monitoring
program which consists of:
a)
Consistent
sampling and analysis procedures that are
designed
to ensure monitoring
results that provide
a
reliable indication of groundwater quality below the
unit.
At
a
minimum
the
program
must
include
procedures
and techniques
for:
1)
Sample
collection;
2)
Sample preservation and shipment;
3)
Analytical procedures;
and
4)
Chain of custody control.
102—479
—66—
b)
Sampling and analytical methods which are appropriate
for groundwater monitoring and which allow for detection
of the contaminants specified pursuant
to this Subpart.
c)
A determination of the groundwater
head elevation each
time groundwater
is sampled.
A determination of the
groundwater head elevation is not required
for
samples
taken from
a potable well used as
a monitoring well
pursuant
to
Section
615.204(b).
d)
A determination at least annually of the groundwater
flow rate and direction
in
the uppermost aquifer.
e)
If the owner
or operator determines
that the groundwater
monitoring program no longer satisfies
the requirements
of this Section,
the owner or operator
shall, within
90
days,
make appropriate changes to
the program and shall
notify the Agency of
such changes when submitting the
groundwater monitoring
reports
under Section 615.208.
Section 615.206
Contaminants
to be Monitored
a)
The
owner
or
operator
shall
monitor
for
all
parameters
which meet the
following criteria, except as provided
in
subsections
(b)
and
(C):
1)
Material containing such parameter
is stored,
disposed,
or otherwise handled
at the site;
and
2)
The
Board
has
adopted
a
groundwater
standard
for
such parameter.
b)
The owner or operator of
a unit subject
to Subpart
I
for
the storage and handling
of pesticides
shall monitor
for
five specific pesticides
or five groups of
chemically—similar
pesticides
stored
or
handled
at
the
unit
that
are
the
most
likely
to
enter
into
the
groundwater
from the unit and that are the most toxic.
The owner
or operator shall
choose the five specific
pesticides
or
five
groups
based
upon
the
following
criteria:
1)
The volume of material stored
or handled
at the
unit;
2)
The leachability characteristics of
the pesticides
stored or handled
at
the unit;
3)
The
toxicity
characteristics
of
the
pesticides
stored or handled
at
the
unit;
102—480
—67—
4)
The history of spillage of
the pesticides stored
or
handled at
the unit;
and
5)
The establishment of groundwater
standards
for the
pesticides
stored
or handled
at the unit.
c)
The owner
or operator of
a unit subject
to Subpart J for
the storage and handling of
fertilizers shall monitor
for pH, specific conductance,
total organic carbon,
nitrates
as nitrogen,
and ammonia nitrogen.
Section 615.207
Sampling Frequency
a)
The owner
or operator shall determine whether
groundwater standards have been exceeded at each
monitoring
well
at least quarterly during the compliance
period,
except
as
provided
otherwise
in
subsection
(b)
and Section 615.209(b).
b)
The owner
or operator
of
a unit subject
to Subpart K for
the storage
and handling of road oils
or Subpart L for
the storage and handling of de—icing agents
shall
determine whether groundwater
standards have been
exceeded
at each monitoring
well at least annually
during the compliance period,
except as provided
at
Section 615.209(b).
Section 615.208
Reporting
The owner
or operator shall submit results of all monitoring
required pursuant
to this Subpart
to the Agency within
60 days
after
completion of sampling.
Section 615.209
Non—Compliance Response Program
If monitoring results collected pursuant
to Sections 615.206
and
615.207
show that
a groundwater
standard has been exceeded,
the
owner
or operator
shall:
a)
Notify the Agency of this
finding when submitting
the
groundwater monitoring
results required pursuant
to
Section 615.208.
The notification must indicate which
groundwater standards have been exceeded.
b)
Resample the groundwater within
3 days
in all monitoring
wells where
a groundwater
standard has been
exceeded
and
redetermine the presence and concentration of each
parameter required pursuant
to Section 615.206, except
that:
1)
If
the unit
is subject
to Subpart
I for
the storage
and related handling
of pesticides,
resample the
102—481
—68—
groundwater within
3 days
in all monitoring wells
where
a groundwater
standard has been exceeded and
determine the presence and concentration
in each
such sample of each pesticide previously and
presently stored or handled at the unit.
2)
If
the unit is subject
to Subpart
3 for the storage
and related handling of
fertilizers, monitor
monthly for the parameters set forth
in Section
615.206(c) until the groundwater
standard
is no
longer exceeded.
c)
Submit the results of
sampling required
under
subsection
(b)
when
submitting
the
groundwater
results
required
pursuant to Section 615.208.
d)
Prepare
an engineering
feasibility plan
for
a corrective
action program designed
to achieve
the requirements
of
Section
615.211.
This
report
shall
be
submitted
to
the
Agency within 120 days after
the date on which
the
sample results are submitted
to the Agency pursuant
to
subsection
(c),
unless:
1)
None of
the parameters
identified
under
subsection
(b) exceed the groundwater standards;
or
2)
The
owner
or
operator
makes
a
demonstration
pursuant to Section 615.210.
e)
Begin
the
correction
action
program
specified
in
subsection (d) within 120 days after
the date
on which
the sample results are submitted
to
the Agency pursuant
to subsection
(c),
unless:
1)
None of
the parameters identified
under
subsection
(b) exceed the groundwater
standards;
or
2)
The owner
or operator makes
a demonstration
pursuant
to Section 615.210.
Section
615.210
Alternate
Non—Compliance
Response
Program
If the groundwater
sampling required pursuant
to Section 615.207
shows that
a groundwater standard has been exceeded,
it is
presumed that contamination from the facility or
unit which is
being monitored
is responsible
for the standard
being exceeded.
An owner or operator may overcome that presumption by making
a
clear
and convincing demonstration that
a source other
thae th~
facility or
unit which
is being monitored caused the exceeJ uce
or
that the exceedence resulted from error
in sampling, anTh~’si
or evaluation.
In making
such demonstration the owner
or
operator
shall:
102—482
—69—
a)
Notify the Agency that the owner
or operator
intends
to
make
a demonstration under this Section when submitting
the groundwater monitoring results
required pursuant
to
Section 615.208.
b)
Submit
a report to the Agency which demonstrates
that
a
source other
than
a facility or
unit
for which he
is the
owner
or operator
caused the groundwater
standard
to
be
exceeded,
or
that the groundwater
standard was exceeded
due
to an error
in sampling,
analysis or
evaluation.
Such report must be
included with the next submission
of
groundwater monitoring
results required pursuant
to
Section 615.208;
and
C)
Continue
to monitor
in accordance with the groundwater
monitoring program established pursuant to Sections
615.205, 615.206,
and 615.207.
Section 615.211
Corrective Action Program
An owner
or operator required
to conduct
a corrective action
program pursuant to this Subpart
shall:
a)
Begin corrective action within 120 days after
the date
on which the sample results are submitted
to
the Agency
pursuant
to Section 615.209(d).
b)
Take corrective action which results
in compliance with
the groundwater standards at the compliance point or
points.
c)
Establish and implement
a groundwater
monitoring program
to demonstrate the effectiveness of the corrective
action program.
d)
Take corrective action which maintains compliance
with
the groundwater
standards:
1)
At all compliance points; and
2)
Beyond
the facility boundary, where necessary to
protect human health and the environment,
unless
the owner
or operator demonstrates
to the Agency
that, despite
the owner’s or operator’s
best
efforts,
the owner
or operator was unable
to obtain
the necessary permission
to undertake
such
action.
The owner or operator
is not relieved of
responsibility
to clean
up a release
that has
migrated beyond
the facility boundary where off—
site access
is denied.
102—483
—70—
e)
Continue corrective action measures during the
compliance period
to the extent necessary to ensure that
the groundwater protection standard is
not exceeded at
the compliance point or points.
If the owner or
operator
is still conducting corrective action at the
end of the compliance period,
the owner
or operator
shall continue that corrective action for as long as
necessary to achieve compliance with the groundwater
protection
standards.
The owner or operator may
terminate corrective action measures taken beyond
the
compliance period as
identified
at Section. 615.202
if
the owner
or operator can demonstrate,
based on data
from the groundwater monitoring program
under subsection
(c), that the groundwater standards have not been
exceeded
for a period of
three consecutive years.
g)
Report
in writing
to
the Agency on
the effectiveness of
the corrective action program.
The owner
or operator
shall
submit these reports semi—annually.
h)
If the owner
or operator determines
that the corrective
action program no longer satisfies the requirements
of
this Section,
the owner or operator shall, within
90
days, make any appropriate changes
to the program.
SUBPART
C:
GENERAL CLOSURE AND POST—CLOSURE REQUIREMENTS
Section 615.301
Applicability
This Subpart applies
to:
a)
Landfill units subject
to Subpart
D;
b)
Surface
impoundments subject
to Subpart
F;
c)
Pesticide storage
and handling
units
subject
to
Subpart
I;
and
d)
Fertilizer storage and handling units subject
to Subpart
3.
Section 615.302
Closure Performance Standard
The owner
or operator shall
close
the unit
in
a manner
that:
a)
Controls, minimizes
or eliminates,
to the extent
necessary
to protect human health and
the environment,
post—closure escape of waste, waste consti
tuents,
leachate,
contaminated
runoff or waste decomposition
products
to
the ground;
102—484
—71
—
b)
Minimizes
the need for maintenance during
and beyond the
post-closure care period; and
c)
Complies with the closure requirements of
35 Ill.
Adm.
Code: Subtitles
C
and
G.
Section 615.303
Certification of Closure
Within 60 days after
completion
of closure,
the owner
or operator
shall
submit
to the Agency,
by registered
or certified mail,
a
certification
that
the unit has been closed
in accordance with
the closure requirements.
The certification must be signed by
the owner
or operator and by
an independent registered
professional engineer.
Documentation supporting
the independent
registered professional engineer’s certification must
be
furnished
to the Agency upon request.
Section 615.304
Survey Plat
No
later
than
the submission of the certification of closure of
each unit,
the owner or operator shall
submit
to any local
zoning
authority,
or authority with jurisdiction over
local
land use,
and
to
the
Agency,
and
record
with land
titles,
a survey plat
indicating the location and dimensions
of any landfills cells,
any other waste disposal units,
and any pesticide and fertilizer
storage and handling units, with respect
to permanently surveyed
benchmarks.
This plat must be prepared and certified by
a
registered land surveyor.
Section
615.305
Post—Closure
Notices
for Waste Disposal Units
No later than 60 days after certification of closure of the unit,
the owner
or operator
of
a unit subject to Subpart D or
F shall
submit to the Agency,
to
the County Recorder and
to any local
zoning authority or authority with jurisdiction over local
land
use,
a record
of the type,
location and quantity of wastes
disposed
of within
each cell
or other
area of the
unit.
Section
615.306
Certification
of
Completion
of
Post—closure
Care
No later than 60 days after completion of the established
post—
closure care period,
the owner or operator
shall submit
to the
Agency,
by registered
or certified mail,
a certification that the
post—closure
care
period
for
the
unit
was
performed
in
accordance
with the specifications
in the approved post—closure plan.
The
certification must be
signed
by
the
owner
or
operator
and
an
independent registered professional engineer.
Documentation
supporting
the independent registered professional engineer’s
certification must be furnished
to the Agency upon request.
Section 615.307
Post—Closure Care Period
102—485
—72—
The post—closure care
for
all units except for landfills must
continue for five years after closure, or
to completion of
correction action conducted pursuant Section 615.211, which ever
is later.
Post—closure care
for landfills must continue
for
fifteen years
after closure or
to such time as provided by Board
regulation,
or
to completion of correction action conducted
pursuant to Section 615.211, whichever
is later.
SUBPART
D:
LANDFILLS
Section
615.401
Applicability
This Subpart applies
to existing landfill
units which are located
wholly
or
partially
within
a
setback
zone
or
regulated
recharge
area
and
which
contain
special
waste
or other waste generated on—
site,
except that this Subpart does not apply
to any existing
landfill unit which:
a)
Contains solely one or more of
the following: hazardous
waste,
livestock waste,
landscape waste,
or construction
and demolition debris;
or
b)
Is
exempt
from
this
Part
pursuant
to
Section
615.105.
Section
615.402
Required
Closure of Units Located Within
Minimum Setback
Zones
No
person
shall
cause
or
allow
the use or operation within
a
minimum setback zone of any landfill unit commencing
two years
after
the effective date of this Part.
Closure
shall
be
completed
three years after
the effective date of
this Part.
This Section does not apply to any landfill
unit which
the Board
expressly
finds,
in
an adjusted standard proceeding,
poses no
significant hazard
to
a community water supply well
or other
potable water
supply well.
Section 615.403
Required Closure
of Units Located Within
Maximum Setback
Zones
No
person
shall
cause
or
allow the use or
operation within
a
maximum
setback
zone
of
any
landfill
unit
at
which
special
waste
is disposed,
commencing two years after
the effective date of the
ordinance or
regulation which establishes
the maximum
setback
zone.
Closure
shall
be completed within three years
after
the
effective date
of the ordinance or
regulation which establishes
the maximum setback
zone.
This Section does not apply to any
landfill
unit which
the Board expressly finds,
in
an
adjusted
standard
proceeding, poses
no significant hazard
to
a community
water
supply well
or other
potable water supply well.
102—486
—73—
Section
615.404
Required
Closure
of
Units
Located
Within
Regulated Recharge Areas
No
person
shall
cause
or
allow the use or operation within
a
regulated recharge area of
any landfill unit which contains
special waste
and for which the distance from the welihead
of the
community water supply well
to any part of
the landfill unit
is
2500 feet or
less.
This provision becomes effective
four years
after
the date on which
the Board establishes
the regulated
recharge
area.
Closure
shall
he completed within
five years
after
the date on which
the Board establishes
the regulated
recharge area.
This Section does not apply
to any existing
landfill unit which the Board expressly finds,
in the regulatory
proceeding
establishing the regulated recharge area,
poses no
significant hazard
to
a community water
supply well.
Section 615.405
Groundwater Monitoring
The owner
or operator shall
comply with the requirements of
Subpart B.
Section
615.406
Operating
Requirements
The owner
or operator shall not cause or allow:
a)
The disposal
of incompatible materials
in the same
landfill
cell.
b)
The disposal
of bulk or non—containerized
liquid waste
or waste containing
free liquids (whether or
not
absorbents have been added)
in the landfill unit.
c)
The disposal of containerized free liquids
in the
landfill unit unless;
1)
The container
is designed
to hold free liquids
for
use other than storage,
such
as a battery or
capacitor;
or
2)
All free—standing liquid:
A)
Has been removed by decanting
or other
methods;
B)
Has been mixed with absorbent or solidified
so
that free—standing liquid
is no longer
observed;
or
C)
Has been otherwise eliminated;
or
3)
The container
is the size of
an ampule or smaller,
and the container
is either:
102—487
—74—
A)
At least
90 percent full when placed
in the
landfill unit; or
B)
Crushed,
shredded or similarly reduced
in
volume to the maximum practical extent before
burial
in the landfill unit.
Section 615.407
Closure and Post—Closure Care
a)
The owner
or operator shall comply with the requirements
of this Section and Subpart
C.
b)
At
final
closure
of
the
landfill
or
upon
closure
of
any
cell,
the owner or operator shall
cover
the landfill
or
cell with
a
final cover designed and constructed
to:
1)
Provide
long—term
minimization
of
migration
of
liquids
through
the
closed
landfill;
2)
Function with minimum maintenance;
3)
Promote drainage and minimize erosion or abrasion
of the cover;
4)
Accommodate settling and subsidence
so that the
cover’s integrity is maintained;
and
5)
Have
a
permeability
less
than
or
equal
to
the
permeability of any bottom liner system or natural
subsoils present.
c)
After
final closure,
the owner or operator
shall,
for
a
period of
fifteen years,
or such
longer period set by
the Board:
1)
Maintain
the
integrity
and
effectiveness
o
the
final cover,
including making repairs
to the cap to
correct
the
effects
of
settling,
subsidence,
erosion or other
events;
2)
Continue
to operate the leachate collection
ani
removal system;
and
3)
Prevent run—on and run—off from eroding
or
otherwise damaging the final cover.
102—488
—75—
SUBPART
E: LAND TREATMENT UNITS
Section 615.421
Applicability
This Subpart applies
to existing land treatment units which are
located
wholly
or
partially
within
a
setback
zone
or
regulated
recharge area and which treat or dispose special waste or other
waste generated on—site,
except that
this Subpart does not apply
to any existing land
treatment unit which:
a)
Contains solely one or more of the following:
hazardous
waste,
livestock waste,
landscape waste,
or construction
and demolition debris;
or
b)
Is exempt
from this Part pursuant
to Section 615.105.
Section 615.422
Required Closure of Units Located Within
Minimum Setback Zones
No person
shall cause or allow the use or operation within
a
minimum setback zone
of any land treatment unit commencing
two
years
after
the effective date of this Part.
Closure shall be
completed within three years
after
the effective date
of this
Part.
This
Section
does
not apply
to any land treatment unit
which
the Board expressly finds,
in an adjusted standard
proceeding, poses no significant hazard
to
a community water
supply well
or other potable water supply well.
Section
615.423
Required
Closure of Units Located Within
Maximum Setback Zones
No
person
shall
cause
or
allow
the
use
or
operation
within
a
maximum setback zone of any land treatment unit at which special
waste
is treated
or disposed,
commencing two years after
the
effective date of the ordinance or regulation which establishes
the maximum setback
zone.
Closure shall be completed within
three years after
the effective date
of the ordinance or
regulation which establishes the maximum setback
zone.
This
Section does not apply to any land treatment unit which the Board
expressly
finds,
in an adjusted standard proceeding,
poses
no
significant hazard
to
a community water
supply well
or other
potable water supply well.
Section
615.424
Closure and Post—Closure Care
The owner
or operator
shall comply with the requirements
of
Subpart
C.
102—48q
—76—
SUBPART
F:
SURFACE
IMPOUNDMENTS
Section 615.441
Applicability
This Subpart applies
to existing surface impoundment units which
are located wholly or partially within
a setback
zone or
regulated
recharge
area
and
which
contain
special
waste
or
other
waste generated on—site,
except that this Subpart does not apply
to any existing surface impoundment unit which:
a)
Contains solely one or more of the following:
hazardous
waste,
livestock waste,
landscape waste,
or
construction
and
demolition
debris;
or
b)
Is
exempt
from
this
Part
pursuant
to
Section
615.105.
Section
615.442
Required
Closure
of
Units
Located
Within
Minimum Setback Zones
No
person
shall
cause
or
allow
the
use
or
operation
within
a
minimum setback zone of any
surface
impoundment
unit
commencing
two years
after
the effective date of this Part.
Closure
shall
be completed within three years
after
the effective date of this
Part.
This Section does not apply
to any surface impoundment
unit which
the Board expressly
finds,
in
an adjusted standard
proceeding, poses no significant hazard
to
a community water
supply well
or other potable water supply well.
Section
615.443
Required
Closure of Units Located Within
Maximum
Setback
Zones
No person
shall cause or
allow the use
or operation within
a
maximum setback zone of any surface impoundment unit at which
special waste
is stored,
treated
or disposed, commencing
two
years after
the effective date of the ordinance or
regulation
which establishes
the maximum setback
zone.
Closure
shall
be
completed within three years after
the effective date
of
the
ordinance
or regulation which establishes
the maximum
setback
zone.
This Section does not apply to any surface impoundment
unit that the Board expressly
finds,
in
an adjusted
standard
proceeding, poses no significant hazard
to
a community water
supply
well
or
other
potable
water supply well.
Section 615.444
Groundwater Monitoring
The owner
or operator shall comply with the requirements
of
Subpart
B.
Section 615.445
Inspection Requirements
While
a surface impoundment
is
in operation,
it must
be
inspected
weekly and
after storms to detect evidence of any of the
following:
102—490
—77—
a)
Deterioration, malfunctions or
improper operation of
overtopping
control
systems;
b)
Sudden drops
in the level of the impoundment’s contents;
C)
Severe erosion
or other
signs
of deterioration
in dikes
or other containment devices; or
d)
A leaking
dike.
Section
615.446
Operating Requirements
a)
No person shall
cause
or allow incompatible materials
to
be placed
in the same surface impoundment unit.
b)
A surface
impoundment unit must be removed
from service
in accordance with subsection
(c) when:
1)
The level
of liquids
in the unit suddenly drops and
the drop
is not known
to be caused by changes
in
the flows
into or out of the
unit;
or
2)
The dike leaks.
c)
When
a surface
impoundment unit must be removed
from
service
as required by subsection
(b),
the owner
or
operator shall:
1)
Shut off the flow or
stop the addition of wastes
into the impoundment
unit;
2)
Contain any surface leakage which has occurred
or
is
occurring;
3)
Stop the leak;
4)
Take any other
necessary steps
to stop or prevent
catastrophic failure;
5)
If
a leak cannot be stopped
by any other means,
empty
the impoundment
unit;
and
6)
Notify the Agency
of
the removal from service and
corrective
actions
that
were taken,
such notice
to
be given within
10 days after
the removal
from
service.
d)
No surface impoundment unit which
has been removed from
service
in accordance with the requirements
of this
Section
may
be
restored
to
service
unless
the
portion
of
the
unit
which
failed
has
been
repaired.
102—491
—78—
e)
A surface impoundment unit which has been removed from
service in accordance with the requirements of
thi.s
Section
and
that
is
not
being
repaired
must
be
closed
in
accordance with the provisions of Section 615.446.
Subpart 615.447
Closure and Post—Closure Care
a)
If closure
is to be by removal,
the owner or operator
shall remove
all waste,
all waste residues, contaminated
containment
system
components
(liners,
etc.),
contaminated subsoils
and
structures
and
equipment
contaminated with waste
and leachate;
and,
if disposed
in the State of Illinois, dispose of them at
a facility
permitted by the Agency.
b)
If closure
is not to be by removal,
the owner
or
operator shall comply with the requirements
of Subpart
C
and shall:
1)
Eliminate
free liquids by removing liquid wastes or
solidifying
the remaining wastes and waste
residues.
2)
Stabilize remaining wastes
to
a bearing capacity
sufficient
to support
final cover.
3)
Cover
the surface impoundment unit with
a final
cover
designed and constructed
to:
A)
Provide long—term minimization of
the
migration of liquids through the closed
impoundment
unit;
B)
Function with minimum maintenance;
C)
Promote
drainage and minimize erosion or
abrasion of the final cover;
D)
Accommodate settling and subsidence
so that
the cover’s integrity
is maintained;
and
E)
Have
a permeability
less than or equal
to the
permeability of any bottom liner system or
natural subsoils present.
c)
If some waste residues or contaminated materials are
left
in place
at final closure,
the owner
or operator
shall
comply with the requirements
of Subpart
C and
shall:
102—492
—79—
1)
Maintain the integrity and effectiveness of
the
final cover,
including making
repairs to the cap as
necessary
to
correct
the effects
of settling,
subsidence, erosion or other
events;
2)
Maintain and monitor the groundwater monitoring
system;
and
3)
Prevent run—on and run—off
from eroding
or
otherwise damaging
the final cover.
SUBPART
G: WASTE
PILES
Section 615.461
Applicability
This Subpart applies to existing waste piles which are located
wholly or
partially within
a setback zone or
regulated recharge
area and which contain special waste
or other
waste generated on—
site,
except
that
this
Subpart
does
not apply
to any existing
waste pile which:
a)
Contains solely one
or more of the
following:
hazardous
waste,
livestock waste,
landscape waste,
or construction
and demolition debris;
or
b)
Is exempt from this Part pursuant to Section
615.105.
Section 615.462
Design and Operating Requirements
a)
The owner
or operator shall not cause
or allow:
1)
Disposal
or storage
in the waste pile of
liquids or
materials containing
free liquids; or
2)
Migration and runoff of leachate
into adjacent
soil,
surface
water,
or
groundwater.
b)
A waste pile must comply with the following standards:
1)
The waste pile must be under
an impermeable
membrane or cover that provides protection from
precipitation;
2)
The waste pile must be protected
from surface water
run—on;
and
3)
The waste pile must
be designed and operated
to
control
wind dispersal of waste by
a means other
than wetting.
c)
This Section becomes effective six months after
the
effective date of this Part.
102—493
—80—
Section 615.463
Closure
The owner or operator
shall accomplish closure by removing and
disposing of all wastes and containment system components
(liners,
etc).
If disposed
in the State of Illinois,
the waste
and containment system components must be disposed at a disposal
site permitted under
the Act.
SUBPART
H:
UNDERGROUND
STORAGE
TANKS
Section 615.501
Applicability
This Subpart applies
to existing underground storage
tanks which
are located wholly or partially within a setback zone or
regulated recharge area and which contain special waste, except
that
this
Subpart
does
not
apply
to
any
existing
underground
storage
tank which:
a)
Pursuant
to
35 Ill.
Mm.
Code 731.110(a)
must meet the
requirements
set forth
in 35
Ill.
Mm.
Code 731,
unless
such a tank
is excluded from those
requirements pursuant
to 35
Ill. Adm.
Code 731.110(b);
or
b)
Must have
interim status or
a RCRA permit under
35
Ill.
Mm.
Code Subtitle G;
or
c)
Is exempt from this Part pursuant
to Section 615.105.
Section 615.502
Design
and
Operating
Requirements
Owners and operators of existing
underground storage
tanks that
store special waste
shall meet
the requirements
set forth
in 35
Ill. Mm.
Code 731.
Such requirements must be met even
if
the
tanks are excluded
from coverage under
35
Ill.
Adm.
Code
731 by
35
Ill. Mm.
Code 731.110(b).
The exclusions
set forth
in 3~
Ill. Mm.
Code 731.110(b)
shall not apply
to any underyroun
storage
tank which stores special waste.
SUBPART
I:
PESTICIDE STORAGE AND HANDLING UNITS
Section 615.601
Applicability
This Subpart applies
to any existing unit
for the
storage and
handling
of pesticides which
is located
wholly or partially
within
a setback
zone
or regulated
recharge area and which:
a)
Is operated ‘for
the purpose of commercial application;
or
b)
Stores or
accumulates pesticides prior
to distribution
to
retail
sales
outlets,
including
but
not limited
to a
unit which
is
a wa-rehouse
or bulk terminal.
102—494
—81—
c)
Subsections
(a)
and
(b)
notwithstanding,
this Subpart
does not apply to any unit exempt pursuant to Section
615.105.
Section 615.602
Groundwater
Monitoring
The
owner
or
operator
shall comply with the requirements
of
Subpart
B.
Section 615.603
Design and Operating Requirements
The owner or operator
shall:
a)
Comply with rules adopted
by the Department
of
Agriculture,
as set forth
in
8 Ill. Mm.
Code
255.
In
the event of a conflict between
this Part and
8 Ill.
Adm.
Code
255,
this Part shall control.
b)
Maintain
a written record inventorying all pesticides
stored
or
handled
at the unit.
c)
At least weekly when pesticides are being
stored,
inspect
storage
containers,
tanks,
vents,
valves,
and
appurtenances
for leaks or deterioration caused by
corrosion or
other
factors.
If
a leak
or deterioration
is found
in any of these devices,
the owner
or operator
must
immediately
repair
or
replace
the
device.
The
owner
or operator shall maintain
a written record of all
inspections conducted under
this Section and
of all
maintenance relating
to leaks
and deterioration of these
devices.
d)
Store
all
containers
containing
pesticides
within
a
secondary containment structure that complies with the
design
standards
set
forth
in
B
Ill.
Adm.
Code
255,
if
such containers
are stored outside of
a roofed structure
or enclosed warehouse.
e)
Maintain all written records required under
this Section
at the
site.
The owner
or operator shall provide any
such
record
to the Agency upon request.
Section
615.604
Closure
and
Post—Closure
Care
The
owner
or
operator
shall
comply
with
the requirements
of
Subpart C.
102—495
—82—
SUBPART
3:
FERTILIZER
STORAGE
AND
HANDLING
AND
UNITS
Section 615.621
Applicability
This Subpart applies
to any existing unit for the storage and
handling of fertilizers which is located wholly or partially
within
a
setback zone or
regulated recharge area and which:
a)
Is
operated
for
the purpose of commercial application;
or
b)
Stores
or
accumulates
fertilizers
prior
to
distribution
to
retail
sales
outlets,
including
but
not
limited
to
a
unit which
is
a warehouse
or bulk terminal.
c)
Subsections
(a)
and
(b)
notwithstanding,
this
Subpart
does not apply
to any unit exempt pursuant
to Section
615. 105.
Section
615.622
Groundwater
Monitoring
The
owner
or
operator
shall
comply
with the requirements of
Subpart
B.
Section 615.623
Design and Operating Requirements
The
owner
or
operator
shall:
a)
Comply with
rules adopted by the Department of
Agriculture,
as set forth
in
8
Ill. Mm.
Code
255.
In
the event of a conflict between
this Part and
8
Ill.
Mm.
Code 255,
this
Part
shall
control.
b)
Maintain
a written
record inventorying
all fertilizers
stored
or handled
at the unit.
c)
At least weekly when fertilizers are being stored,
inspect storage containers,
tanks, vents, valves,
and
appurtenances
for leaks
or deterioration caused
by
corrosion or
other
factors.
If
a leak or deterioration
is
found
in any of these devices, the owner
or operator
shall
immediately
repair
or
replace
the device.
The
owner
or operator shall maintain
a written
record
of all
inspections conducted
under
this Section
and of all
maintenance relating
to leaks and deterioration of these
devices.
d)
Store all cdntainers containing fertilizers
(except
anhydrous ammonia) within
a
secondary containment
structure
that complies with
the design standards
set
forth
in
8
Ill. Mm.
Code
255,
if such containers
are
stored
outside
of
a
roofed structure or enclosed
warehouse.
102—496
—83—
e)
Maintain all written records required under
this Section
at the site.
The owner
or operator shall provide any
such
record
to
the
Agency
upon
request.
Section
615.624
Closure
and Post—Closure Care
The owner
or operator shall
comply with the requirements
of
Subpart
C.
SUBPART
K: ROAD OIL STORAGE AND HANDLING UNITS
Section 615.701
Applicability
This Subpart applies
to any existing unit for
the
storage
and
related handling
of road oils which
is located wholly or
partially within
a setback
zone or
regulated recharge area and
at
which greater
than 25,000 gallons
of
road oils
are stored or
accumulated
at any one time, except as otherwise provided
in
Section 615.105.
Section
615.702
Required
Closure
of Units Located Within
Minimum Setback Zones
a)
No person shall
cause
or
allow the use or operation
within
a minimum setback
zone
of any road oil storage
and handling unit
if the road oils stored and handled
at
the unit contain wastes.
b)
Subsection
(a)
is effective
two years after
the
effective date of this Part.
Closure
shall
be completed
within three years after
the effective date
of this
Part.
c)
Subsections
(a)
and
(b) do not apply to any unit that
the Board expressly
finds,
in
an adjusted standard
proceeding, poses no significant hazard
to
a community
water
supply
well
or other potable water
supply well.
Section 615.703
Groundwater Monitoring
The owner
or
operator
shall
comply
with the requirements of
Subpart B.
Section 615.704
Design and Operating Requirements
for Above—
Ground Tanks
a)
The owner
or operator shall
not cause
or allow:
1)
Materials
to be placed
in
a
tank
if such materials
could cause
the tank
to
rupture,
leak,
corrode,
or
otherwise
fail.
102— 497
—84—
2)
Uncovered tanks
to be placed or operated
so as
to
maintain less than 60 centimeters
(2
feet)
of
freeboard unless:
A)
The tank
is equipped with a containment
structure
(e.g., dike or
trench),
a drainage
control system,
or
a diversion structure
(e.g.,
standby tank);
and
B)
Such containment structure, drainage control
system,
or
diversion
structure
has
a
capacity
that equals or
exceeds the volume of
the top
60 centimeters
(2
feet)
of the
tank.
3)
Material
to be continuously fed
into
a tank,
unless
the tank
is equipped with
a means
to stop this
inflow (e.g.,
a feed
cutoff system or
a bypass
system to
a
standby tank).
4)
Incompatible
materials
to
be
placed
in
the
same
tank.
5)
Material
to be placed
in a tank which previously
held
an
incompatible material
unless the
incompatible material has been washed
from
the
tank.
6)
Ignitable
or reactive material
to be placed
in
a
tank unless:
A)
The material
is stored
or
treated
in such
a
way that
it
is protected
from any material
or
conditions which may cause
it
to ignite or
react;
or
B)
The t~nkis used
sololy for energencie~.
b)
The
owner
or operator shall provide and maintain primary
containment for
the
tank such that:
1)
The
tank has a minimum shell
thickness
that ensures
that
the tank will not fail (i.e.,
collapse,
rupture,
etc.).
2)
The tank
is compatible with the material
to he
placed
in
the
tank
or the tank
is lined with
a
substance
that
is compatible with the material
to
be placed
on the tank.
C)
The owner
or operator shall provide
and maintain
secondary containment
for
the
tank that:
102—4 98
—85—
1)
Is capable of containing
the volume of the largest
tank or
10
of the total volume for all tanks,
whichever
is greater;
2)
Is constructed
of material capable of containing
a
spill until
cleanup occurs
(e.g.,
concrete or
clay).
The base of the secondary containment area
must be capable
of minimizing vertical migration
of
a spill until cleanup occurs
(e.g.,
concrete or
clay);
3)
Has cover
(e.g.,
crushed rock or vegetative growth)
on earthen embankments sufficient to prevent
erosion; and
4)
Isolates the tank from storm water drains and from
combined storm water drains and sewer drains.
d)
If incompatible materials are handled
at the site
secondary
containment
sufficient
to
isolate
the
units
containing
the incompatible materials must be provided.
e)
The owner
or operator
of
a
tank
shall also:
1)
Test above—ground
tanks and associated piping every
five
years
for
structural
integrity.
2)
Remove uncontaminated
storm water
runoff from the
secondary containment area immediately
after
a
precipitation event.
3)
Handle contaminated storm water runoff
in
accordance with Subpart A of
35
Ill.
Adm.
Code:
Subtitle
C.
4)
Provide
a method for obtaining
a sample from each
tank.
5)
Install, maintain, and operate
a material
level
indicator on each tank.
6)
When not
in use,
lock all gauges and valves that
are used
to
inspect
levels
in the tank.
All such
devices must be located within the containment
structure.
f)
This Section becomes applicable
two years after
the
effective date
of this Part.
102—49~
—86—
Section 615.705
Closure
a)
At closure, all materials must be removed from
containers,
tanks, discharge control equipment,
and
discharge confinement structures.
b)
All materials that are
to be disposed in
the
State
of
Illinois must be disposed at
a disposal
site permitted
under
the Act.
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
Section 615.721
Applicability
This Subpart applies
to any existing facility for the storage
and
related
handling
of
de—icing
agents
which
is
located wholly or
partially within
a setback
zone and
at which more than 50,000
pounds of dc—icing
agent
are stored or accumulated at any one
time, except
as otherwise provided
in Section 615.105.
For the
purpose of this Subpart:
a)
An
indoor storage unit means
a storage unit with
a roof
capable
of protecting dc—icing agents from wind and
precipitation;
b)
An outdoor storage
unit means
a unit for the storage of
dc—icing
agents
which
is
not
an
indoor
storage
unit.
Section
615.722
Groundwater Monitoring
The owner
or operator shall comply with the requirements of
Subpart B.
Section 615.723
Design and Operating Requirements
a)
Indoor
facilities must comply with the
following
standards beginning
two years
after
the effective
date
of this Part:
1)
The base of the facility must
be constructed
of
materials capable
of containing dc—icing agents
(i.e.,
bituminous
or concrete pad).
2)
The roof and walls of
the facility must
be
constructed
of materials capable
of protecting
the
storage pile from precipitation and capable of
preventing dissolved dc—icing agents
from entering
into the adjacent soil, surface water,
or
groundwater.
The walls
of
the facility must he
constructed of materials compatible with
the de—
icing
agents, to he placed
in the
facility.
Run—elf
from theroof must be diverted away from the
loading
pad.
102—500
3)
All areas
surrounding
the storage pile,
including
but not limited
to the loading pad, must be
routinely inspected
to determine whether any
release of dc—icing agents has occurred.
Such
areas
shall be cleaned as necessary.
Spilled de—
icing agents must be placed back under
the
protective covering of
the indoor storage pile.
The storage pile must be reshaped
as often
as
necessary
to prevent leaching.
4)
The integrity of the facility and loading pad must
be maintained.
5)
All areas surrounding
the storage
facility must be
inspected daily
to determine whether any release of
dc—icing agents has occurred.
Spilled dc—icing
agents must be placed
back into the storage
facility.
b)
Outdoor
facilities or units must comply with the
following standards beginning
two years after the
effective date of this Part:
1)
An
impermeable
membrane
or
cover
must
be
placed
over all storage piles to protect the piles from
precipitation
and
surface
water
run—on.
The
membrane
or
cover
must
prevent
run—off
and
leachate
from being generated by the outdoor
storage
piles.
The piles must be
formed
in
a conical
shape,
covered and stored on
a paved
pad capable of
preventing leachate from entering adjacent soil,
surface water,
or groundwater.
2)
Surface drainage must be directed
to prevent flow
through the base of the storage piles.
Dc—icing
agents must
not
be stored where drainage may enter
into water
supplies, farm lands or
streams.
3)
All areas surrounding
the storage piles must be
cleaned and must be inspected daily
to determine
whether
any release
of dc—icing agents has
occurred.
Spilled
dc—icing
agents
must
be
placed
back under
the protective covering
of the outdoor
storage piles.
The storage piles must be reshaped
as often as necessary
to prevent leaching.
4)
The storage piles must be designed
and operated
to
control wind dispersal of the product by means
other
than wetting.
102—501
—88—
Section 615.724
Closure
a)
At closure, all dc—icing agents must be removed
froru
the
site, discharge control equipment and discharge
confinement structures.
b)
All dc—icing agents that are
to be disposed
in the State
of Illinois must be disposed at a disposal site
permitted
under
the
Act.
102—502
—89—
TITLE
35: ENVIRONMENTAL PROTECTION
SUBTITLE
F:
PUBLIC WATER SUPPLIES
CHAPTER
I:
POLLUTION CONTROL BOARD
PAPT 616
NEW ACTIVITIES
IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SUBPART
A: GENERAL
616. 201
616.202
616.203
616. 204
616.205
616.206
616.207
616.208
616.209
616. 210
616. 211
Purpose
Definitions
Incorporations
by Reference
Exceptions
to Prohibitions
General Exceptions
SUBPART
B: GROUNDWATER MONITORING REQUIREMENTS
Applicability
Compliance Period
Compliance With Groundwater Standards
Groundwater
Monitoring System
Groundwater Monitoring Program
Reporting
Establishing Background Values and Maximum Allowable
Results
(MAR)
Continued Sampling
Non—Compliance Response Program
Alternate Non—Compliance Response Program
Corrective Action Program
SUBPART C: GENERAL CLOSURE AND POST—CLOSURE REQUIREMENTS
Applicability
Closure Performance Standard
Certificate of Closure
Survey Plat
Post—Closure Notice for Waste Disposal Units
Certification of
Completion of Post—Closure
Care
Post—closure Care Period
Applicability
Prohibitions
SUBPART
D:
LANDFILLS
Groundwater Monitoring
Design and Operating Requirements
Monitoring
and Inspection
Surveying
and Recordkeeping
Section
616. 101
616.102
616. 103
616. 104
616.105
Section
Section
616.301
616
.
302
616.303
616.304
616.305
616.306
616.307
Section
616. 401
616.402
615.403
616.404
616.405
616.406
102—503
—90—
SUBPART
E:
LAND
TREATMENT
UNITS
SUBPART F:
SURFACE
IMPOUNDMENTS
SUBPART
G: WASTE PILES
Section
616.461
616.462
615.463
616.464
Section
616. 601
616.602
616.603
616.604
616.605
Section
616. 621
616.622
616.623
Applicability
Prohibitions
Design
and
Operating
Requirements
Closure
SUBPART H:
UNDERGROUND STORAGE TANKS
Applicability
Design and Operating Requirements
SUBPART
I:
PESTICIDE STORAGE AND HANDLING UNITS
Applicability
Prohibitions
Groundwater Monitoring
Design and Operating Requirements
Closure and Post—Closure Care
SUBPART
3:
FERTILIZER STORAGE AND HANDLING UNITS
Applicability
Prohibitions
Groundwater Monitoring
616.407
Operating Requirements
616.408
Closure and Post—Closure Care
Section
616.421
Applicability
616.422
Prohibitions
616.423
Groundwater Monitoring
616.424
Design and Operating Requirements
616.425
Closure and Post—Closure Care
Section
616.441
Applicability
616.442
Prohibitions
616.443
Groundwater Monitoring
616.444
Design
and
Operating
Requirements
616.445
Inspection Requirements
616.446
Operating Requirements
616.447
Closure and Post—Closure Care
Section
616. 501
616.502
102—504
—91—
616.624
Design
and Operating Requirements
616.625
Closure and Post—Closure Care
SUBPART
K:
ROAD OIL STORAGE AND HANDLING UNITS
Section
616.701
Applicability
616.702
Prohibitions
616.703
Groundwater Monitoring
616.704
Design and Operating Requirements
616.705
Closure
SUBPART
L:
DE-ICING AGENT STORAGE AND HANDLING UNITS
Section
616.721
Applicability
616.722
Prohibitions
616.723
Groundwater Monitoring
616.724
Design
and Operating Requirements for Indoor Storage
Facilities
616.725
Closure
AUTHORITY:
Implementing Sections
5,
14.4,
21, and
22,
and
authorized by Section
27
of the Environmental Protection Act
(111.
Rev.
Stat.
1987,
ch.
111 1/2,
pars.
1005,
1014.4,
1021,
1022,
and
1027).
SOURCE:
Adopted
at R89—5
Ill.
Reg.
____________
effective __________________________
NOTE:
CAPITALIZATION DENOTES STATUTORY LANGUAGE.
SUBPART
A:
GENERAL
Section 616.101
Purpose
This
Part
prescribes
requirements
and
standards
for
the
protection of groundwater
for certain types
of new facilities or
units located wholly or
partially within
a setback zone regulated
by the Act or within
a regulated recharge area as delineated
pursuant
to Section
17.4
of
the Act.
Section
616.102
Definitions
Except
as stated
in this Section, and 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 those
used
in
35
Ill.
Adm.
Code 615.102,
the Act,
or
the Illinois Groundwater
Protection Act (Ill.
Rev.
Stat.
1987,
ch.
111 1/2,
pars.
7451
et
seq.).
102—505
—92—
“CONSTRUCTION
COMMENCED”
MEANS
WHEN
ALL
NECESSARY
FEDERAL, STATE AND LOCAL APPROVALS HAVE BEEN OBTAINED,
AND WORK AT THE SITE HAS BEEN INITIATED AND PROCEEDS IN
A REASONABLY CONTINUOUS MANNER TO COMPLETION.
(Ill.
Rev.
Stat. 1987,
ch.
111 1/2 par.
1003.58)
“NEW
POTENTIAL
ROUTE”
MEANS:
A
POTENTIAL
ROUTE
WHICH
IS
NOT
IN
EXISTENCE
OR
FOR
WHICH
CONSTRUCTION
HAS
NOT
COMMENCED
AT
ITS
LOCATION
AS
OF
JANUARY
1,
1988,
OR
A POTENTIAL ROUTE WHICH EXPANDS LATERALLY
BEYOND
THE
CURRENTLY
PERMITTED
BOUNDARY
OR,
IF
THE POTENTIAL ROUTE
IS NOT PERMITTED,
THE
BOUNDARY IN EXISTENCE AS OF JANUARY
1,
1988.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1003.58)
“POTENTIAL ROUTE” MEANS ABANDONED AND IMPROPERLY PLUGGED
WELLS OF ALL KINDS,
DRAINAGE WELLS,
ALL INJECTION WELLS,
INCLUDING CLOSED LOOP HEAT PUMP WELLS,
AND ANY
EXCAVATION
FOR
THE
DISCOVERY,
DEVELOPMENT
OR
PRODUCTION
OF STONE,
SAND OR GRAVEL.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1003.58)
“POTENTIAL PRIMARY SOURCE”
MEANS ANY UNIT AT A FACILITY
OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL
ACTION WHICH:
IS UTILIZED FOR THE TREATMENT,
STORAGE,
OR
DISPOSAL OF ANY HAZARDOUS
OR SPECIAL WASTE NOT
GENERATED AT THE SITE;
OR
IS UTILIZED FOR THE
DISPOSAL
OF
~1UNICIPAL
WASTE
NOT
GENERATED
AT
THE
SITE,
OTUEP THAN
LANDSCAPE WASTE AND CONSTRUCTION AND
DEMOLITION DEBRIS;
OR
IS UTILIZED FOR THE LANDFILLING,
LAND
TREATING,
SURFACE IMPOUNDING OR PILING
OF’ ANY
HAZARDOUS OR SPECIAL WASTE THAT
IS GENERATED
ON THE SITE OR AT OTHER SITES OWNED,
CONTROLLED OR OPERATED BY THE SAME PERSON; OR
STORES OR ACCUMULATES AT
ANY
TIME
MORE
THAN
75,000 POUNDS ABOVE GROUND,
OR MORE THAN 7,500
POUNDS
BELOW
GROUND,
OF
ANY
HAZARDOUS
SUBSTANCES.
102—506
—93—
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1003.59)
“NEW POTENTIAL PRIMARY SOURCE” MEANS:
A POTENTIAL PRIMARY SOURCE WHICH
IS NOT IN
EXISTENCE OR FOR WHICH CONSTRUCTION HAS NOT
COMMENCED AT
ITS LOCATION AS
OF JANUARY
1,
1988;
OR
A POTENTIAL PRIMARY SOURCE WHICH EXPANDS
LATERALLY BEYOND THE CURRENTLY PERMITTED
BOUNDARY OR,
IF THE PRIMARY SOURCE
IS NOT
PERMITTED,
THE BOUNDARY
IN EXISTENCE AS OF
JANUARY
1,
1988;
OR
A POTENTIAL PRIMARY SOURCE WHICH
IS PART OF A
FACILITY THAT
UNDERGOES MAJOR
RECONSTRUCTION.
SUCH RECONSTRUCTION SHALL BE
DEEMED TO HAVE TAKEN PLACE WHERE THE FIXED
CAPITAL
COST
OF
THE
NEW
COMPONENTS
CONSTRUCTED
WITHIN A 2—YEAR PERIOD EXCEED 50
OF THE FIXED
CAPITAL COST OF A COMPARABLE ENTIRELY NEW
FACILITY.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2 par.
1003.59)
“POTENTIAL SECONDARY SOURCE” MEANS ANY UNIT AT A
FACILITY OR A SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR
REMEDIAL ACTION, OTHER THAN
A POTENTIAL PRIMARY SOURCE,
WHICH:
IS UTILIZED FOR THE LANDFILLING,
LAND
TREATING, OR SURFACE IMPOUNDING OF WASTE THAT
IS GENERATED ON THE SITE OR AT OTHER SITES
OWNED, CONTROLLED OR OPERATED BY THE SAME
PERSON,
OTHER THAN LIVESTOCK AND LANDSCAPE
WASTE, AND CONSTRUCTION AND DEMOLITION
DEBRIS;
OR
STORES OR ACCUMULATES AT ANY TIME MORE THAN
25,000 BUT NOT MORE THAN
75,000 POUNDS ABOVE
GROUND,
OR
MORE
THAN
2,500
BUT NOT MORE THAN
7,500 POUNDS BELOW GROUND,
OF ANY HAZARDOUS
SUBSTANCES;
OR
STORES OR ACCUMULATES AT ANY TIME MORE THAN
25,000 GALLONS ABOVE GROUND, OR MORE THAN
500
GALLONS BELOW GROUND,
OF PETROLEUM,
INCLUDING
CRUDE OIL OR ANY FRACTION THEREOF WHICH
IS NOT
OTHERWISE SPECIFICALLY LISTED OR DESIGNATED
AS
A
HAZARDOUS SUBSTANCE;
OR
102—507
—94—
STORES OR ACCUMULATES PESTICIDES,
FERTILIZERS,
OR ROAD OILS FOR PURPOSES OF COMMERCIAL
APPLICATION OR FOR DISTRIBUTION TO RETAIL
SALES OUTLETS; OR
STORES OR ACCUMULATES AT ANY TIME MORE THAN
50,000 POUNDS OF ANY DE—ICING AGENT; OR
IS UTILIZED FOR HANDLING LIVESTOCK WASTE
OR
FOR TREATING DOMESTIC WASTEWATERS OTHER THAN
PRIVATE SEWAGE DISPOSAL SYSTEMS AS DEFINED IN
THE “PRIVATE SEWAGE DISPOSAL LICENSING ACT”.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
l003’.60)
“NEW POTENTIAL SECONDARY SOURCE” MEANS:
A POTENTIAL SECONDARY SOURCE WHICH
IS NOT 1~
EXISTENCE
OR FOR WHICH CONSTRUCTION HAS NOT
COMMENCED AT ITS LOCATION AS OF JULY
1,
1988;
OR
A POTENTIAL SECONDARY SOURCE WHICH EXPANDS
LATERALLY BEYOND THE CURRENTLY PERMITTED
BOUNDARY OR,
IF THE SECONDARY SOURCE
IS NOT
PERMITTED,
THE BOUNDARY
IN EXISTENCE
AS
O~’
JULY
1,
1988, OTHER THAN AN EXPANSION FOR
HANDLING OF LIVESTOCK WASTE OR FOR TREATING
DOMESTIC WASTEWATERS;
OR
A POTENTIAL SECONDARY SOURCE WHICH
IS PART
OF
A FACILITY THAT UNDERGOES MAJOR
RECONSTRUCTION.
SUCH RECONSTRUCTION
SHALl.
HE
DEEMED TO HAVE TAKEN PLACE WHERE THE FIXED
CAPITAL COST OF THE NEW COMPONENTS CONSTRUC?ED
WITHIN
A
2—YE\P
PERIOD
EXCEED
50
OF
T~i’~FTXEF~
CAPITAL
COST
OF
A
CONPARABLE
ENTIRELY
~
FACILITY.
(Ill.
Rev.
Stat.
1967,
ch.
111 1/2 par.
1003.60)
“Practical Quantifiable
Limit (PQL)” means the
liei~ set:
forth
in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication SW—~46.
Section 616.103
Incorporations
by Reference
a)
The Board
incorporates
the following material
by
reference:
1)
American Society
for Testing
and Materials
(~:‘~
1)
Standard D—93—79
or
D—93—80,
and
ASTM
Stand
1
102—508
—95—
3278—78
(Available
from:
ASTM;
1916 Race Street;
Philadelphia,
PA
10103;
(215)
299—5400).
2)
“Test Methods
for Evaluating
Solid Wastes,
Physical/Chemical Methods,”
EPA Publication No. SW—
846
(Second Edition,
1982,
as amended by Update
I
(April,
1984)
and Update
II
(April,
1985)).
(Available
from:
Superintendent of Documents,
U.S.
Government Printing Office, Washington,
D.C.
20401,
(202—783—3238)).
b)
This Section incorporates
no later amendments
or
editions.
Section 616.104
Exceptions
to Prohibitions
a)
THE OWNER
OF A NEW POTENTIAL PRIMARY SOURCE OR A POTENTIAL
SECONDARY SOURCE MAY SECURE A WAIVER FROM THE prohibitions
specified
in Sections 616.402(a),
616.422(a),
616.442,
616.462(a),
616.602, 616.622, 616.702 or 616.722(a)
against
construction, use or operation within the setback
zone FOR A
POTABLE WATER SUPPLY WELL OTHER THAN
A COMMUNITY WATER
SUPPLY.
A WRITTEN REQUEST FOR A WAIVER SHALL BE MADE TO THE
OWNER OF THE WATER WELL AND THE AGENCY.
SUCH REQUEST SHALL
IDENTIFY THE NEW OR PROPOSED POTENTIAL SOURCE,
SHALL
GENERALLY DESCRIBE THE POSSIBLE EFFECT OF SUCH POTENTIAL
SOURCE UPOON THE WATER WELL AND ANY APPLICABLE TECHNOLOGY—
BASED CONTROL WHICH WILL BE UTILIZED TO MINIMIZE THE
POTENTIAL FOR CONTAMINATION, AND SHALL STATE WHETHER, AND
UNDER WHAT CONDITIONS,
THE REQUESTOR WILL PROVIDE AN
ALTERNATIVE POTABLE WATER SUPPLY.
WAIVER MAY BE GRANTED BY
THE OWNER OF THE WATER WELL NO LESS THAN
90 DAYS AFTER
RECEIPT UNLESS PRIOR TO SUCH TIME THE AGENCY NOTIFIES THE
WELL OWNER THAT
IT DOES NOT CONCUR
WITH
THE REQUEST.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1014.2(b))
b)
THE AGENCY SHALL NOT CONCUR WITH ANY SUCH REQUEST WHICH FAILS
TO ACCURATELY DESCRIBE REASONABLY FORESEEABLE EFFECTS
OF THE
POTENTIAL SOURCE OR POTENTIAL ROUTE UPON THE WATER WELL OR
ANY APPLICABLE TECHNOLOGY—BASED CONTROLS.
SUCH NOTIFICATION
BY THE AGENCY SHALL BE
IN WRITING,
AND SHALL INCLUDE
A
STATEMENT OF REASONS FOR THE NONCONCURRENCE.
WAIVER OF THE
MINIMUM SETBACK ZONE SHALL EXTINGUISH THE WATER WELL OWNER’S
RIGHTS UNDER SECTION
6b OF THE ILLINOIS WATER WELL
CONSTRUCTION CODE BUT SHALL NOT PRECLUDE POLLUTION.
IF THE
OWNER OF THE WATER WELL HAS NOT GRANTED A WAIVER WITHIN 120
DAYS AFTER RECEIPT OF THE REQUEST OR THE AGENCY HAS NOTIFIED
THE OWNER THAT
IT DOES NOT CONCUR WITH THE REQUEST,
THE OWNER
OF A POTENTIAL SOURCE OR POTENTIAL ROUTE MAY FILE A PETITION
FOR AN EXCEPTION WITH THE BOARD AND THE AGENCY PURSUANT TO
subsection
(b) OF THIS SECTION.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par.
1014.2(b))
102—509
—96—
C)
NO WAIVER UNDER THIS SECTION
IS REQUIRED
WHERE THE POTABLE
WATER SUPPLY WELL IS PART OF A PRIVATE WATER SYSTEM AS
DEFINED IN THE ILLINOIS GROUNDWATER PROTECTION ACT, AND THE
OWNER OF SUCH WELL WILL ALSO BE THE OWNER OF A NEW POTENTIAL
SECONDARY SOURCE OR A POTENTIAL ROUTE.
IN SUCH
INSTANCES,
A
PROHIBITION OF
75 FEET SHALL APPLY AND THE OWNER SHALL NOTIFY
THE AGENCY OF THE INTENDED ACTION SO THAT THE AGENCY MAY
PROVIDE INFORMATION REGARDING THE POTENTIAL HAZARDS
ASSOCIATED WITH LOCATION OF A POTENTIAL SECONDARY SOURCE OR
POTENTIAL ROUTE
IN CLOSE PROXIMITY TO A POTABLE WATER SUPPLY
WELL.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par. 1014.2(b))
d)
THE BOARD MAY GRANT AN EXCEPTION FROM THE SETBACK
REQUIREMENTS
OF THIS SECTION AND SECTION 14.3 TO THE OWNER
OF
A NEW POTENTIAL PRIMARY SOURCE OTHER THAN LANDFILLING OR LAND
TREATING, OR A NEW POTENTIAL SECONDARY SOURCE.
THE OWNER
SEEKING AN EXCEPTION WITH RESPECT TO A COMMUNITY WATER SUPPLY
WELL SHALL FILE A PETITION WITH THE BOARD AND THE AGENCY.
THE OWNER SEEKING AN EXCEPTION WITH RESPECT TO A POTABLE
WATER
SUPPLY
WELL
SHALL FILE A PETITION WITH THE BOARD AND
THE AGENCY,
AND SET FORTH THEREIN THE CIRCUMSTANCES UNDER
WHICH A WAIVER HAS BEEN SOUGHT BUT NOT OBTAINED PURSUANT TO
subsection
(a)
OF THIS SECTION.
A PETITION SHALL BE
ACCOMPANIED BY PROOF THAT THE OWNER OF EACH POTABLE WATER
SUPPLY WELL FOR WHICH SETBACK REQUIREMENTS WOULD BE AFFECTED
BY THE REQUESTED EXCEPTION HAS BEEN NOTIFIED AND BEEN
PROVIDED WITH A COPY OF THE PETITION.
A PETITION SHALL SET
FORTH SUCH FACTS AS MAY BE REQUIRED TO SUPPORT AN EXCEPTION,
INCLUDING A GENERAL DESCRIPTION OF THE POTENTIAL IMPACTS
OF
SUCH POTENTIAL SOURCE OR POTENTIAL ROUTE UPON GROUNDWATERS
AND THE AFFECTED WATER WELL,
AND AN EXPLANATION OF THE
APPLICABLE TECHNOLOGY—BASED CONTROLS WHICH WILL BE UTILIZED
TO MINIMIZE THE POTENTIAL FOR CONTAMINATION OF THE POTABLE
WATER SUPPLY
WELL.
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2
par.
1014.2(c))
e)
THE BOARD SHALL GRANT AN EXCEPTION, WHENEVER
IT
IS FOUND
UPON
PRESENTATION
OF ADEQUATE PROOF, THAT COMPLIANCE WITH THE
SETBACK REQUIREMENTS OF THIS SECTION WOULD POSE AN ARBITRARY
AND UNREASONABLE HARDSHIP UPON THE PETITIONER,
THAT THE
PETITIONER WILL UTILIZE THE.BEST AVAILABLE TECHNOLOGY
CONTROLS ECONOMICALLY ACHIEVABLE TO MINIMIZE THE LIKELIHOOD
OF CONTAMINATION OF THE POTABLE WATER SUPPLY WELL,
THAT THE
MAXIMUM FEASIBLE ALTERNATIVE SETBACK WILL BE UTILIZED,
AND
THAT THE LOCATION OF SUCH POTENTIAL SOURCE OR POTENTIAL ROUTE
WILL NOT CONSTITUTE A SIGNIFICANT HAZARD TO THE POTABLE WATER
SUPPLY WELL.
(I1’l.
Rev.
Stat.
1987,
ch.
111
1/2 par.
1014.2(c))
f)
A DECISION MADE BY
THE. BOARD PURSUANT TO THIS SUBSECTION
SHALL CONSTITUTE A~FINALDETERMINATION.
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2 par. -1014.2(c))
102—510
—97—
g)
THE GRANTING OF AN EXCEPTION BY THE BOARD SHALL NOT
EXTINGUISH THE WATER WELL OWNER’S RIGHTS UNDER SECTION
6b OF
THE ILLINOIS WATER WELL CONSTRUCTION CODE
IN INSTANCES WHERE
THE OWNER HAS ELECTED NOT TO PROVIDE A WAIVER PURSUANT TO
subsection
(a)
OF THIS SECTION.
(Ill.
Rev. Stat.
1987,
ch.
111
1/2 par.
1014.2(a))
Section 616.105
General Exceptions
This Part does not apply to any facility or
unit,
or
to the owner
or operator of any facility or unit for which:
a)
The owner
or operator obtains certification of minimal
hazard pursuant
to Section 14.5
of
the Act;
or
b)
For which different
requirements are imposed
in
an
adjusted standard proceeding
or
in
a site—specific
rulemaking, pursuant to Title VII of the Act.
c)
Different requirements
are imposed
in
a regulated
recharge area proceeding pursuant to Section
17.4 of the
Act.
d)
Nothing
in this Section
shall limit
the authority of the
Board
to impose requirements on any facility or
unit
within any portion of any setback
zone or regulated
recharge area
in any adjusted
standard proceeding,
site—
specific rulemaking
or
a regulatory proceeding
establishing
the regulated recharge area.
SUBPART
B:
GROUNDWATER MONITORING REQUIREMENTS
Section 616.201
Applicability
This Subpart applies to:
a)
Landfill units subject to Subpart
D;
b)
Land
treatment units subject to Subpart E;
c)
Surface impoundments
subject
to Subpart
F;
d)
Pesticide storage and handling
units subject
to Subpart
I;
e)
Fertilizer
storage and handling units subject
to Subpart
3;
f)
Road oil storage and handling units subject
to Subpart
K; and
102—511
—98—
g)
De—icing agent storage and handling
units subject
to
Subpart
L.
Section 616.202
Compliance Period
The compliance period
is the active life of the unit,
including
closure
and post—closure care periods.
a)
The active life begins when the unit first begins
operation or on the effective date of this Part,
whichever occurs later,
and ends when the post—closure
care period ends.
b)
The post—closure care period for units other
than
landfill units
is five years after
closure, except as
provided at Section 616.211(e).
c)
The post—closure care period
for landfill units
is
fifteen years after closure, except as provided
at
Section 616.211(e)
or
as may be provided by other
Board
regulations.
d)
Subsections
(b) and
(c) notwithstanding,
there
shall
be
no post—closure care period
if all waste,
waste
residues, contaminated containment system components
and
contaminated subsoils are removed or decontaminated
at
closure, and there
is no ongoing corrective action
pursuant to Section 616.211.
Section 616.203
Compliance With Groundwater Standards
The owner
or operator
shall comply with the groundwater
standards.
a)
The term of compliance
is the compliance period.
b)
Compliance
shall
be measured
at
the
compliance
poir~i.,
or
compliance points
if more than one such point exist.
Section 616.204
Groundwater Monitoring System
a)
The groundwater monitoring system must consist
of
a
sufficient number
of wells,
installed at appropriat~e
locations and depths
to yield groundwater samples
fra
the uppermost aquifer
that:
1)
Represent the quality of background water
that
bee
not be~naffected by contamination from the
facility or unit;
and
2)
Represent the quality of groundwater
at
the
compliance point or points.
102—512
—99—
b)
If
a facility contains more
than one unit,
separate
groundwater monitoring
systems are not required for each
unit, provided that provisions
for sampling the
groundwater
in
the uppermost aquifer will enable
detection
and measurement at the compliance point or
points of the contaminants which have entered
the
groundwater
from all units.
c)
Monitoring wells must be designed
and constructed
in
a
manner that will enable the collection
of groundwater
samples during
the compliance period.
Well casings and
screens must be made from durable material resistant
to
expected chemical or physical degradation,
and must be
made of materials that do not interfere with
the quality
of groundwater samples being collected.
Well
casings
and screens must be made
from fluorocarbon
resins
or
stainless steel
in the saturated
zone
if
volatile
organic
sampling may be required during
the monitoring
period.
The annular
space opposite the screened section
of
the well
(i.e., the space between the bore hole and
well screen) must be filled with gravel
or sand
if
necessary
to collect groundwater samples.
The annular
space above the well screen must be sealed
to prevent
downward migration of water
from overlying formations
and the surface to the sampled depth.
Section 616.205
Groundwater Monitoring Program
The owner
or operator
shall develop
a groundwater monitoring
program which consists of:
a)
Consistent sampling and analysis procedures that are
designed to ensure monitoring
results that provide
a
reliable
indication of groundwater quality below the
unit.
At
a minimum
the program must
include procedures
and techniques
for:
1)
Sample collection;
2)
Sample preservation and shipment;
3)
Analytical procedures;
and
4)
Chain
of custody control.
b)
Sampling
and analytical methods which are appropriate
for groundwater monitoring
and which allow for detection
of the contaminants specified pursuant to this Subpart.
c)
A determination of the groundwater head elevation each
time groundwater
is sampled.
102—513
—100—
d)
A determination at least annually of the groundwater
flow rate and direction in the uppermost aquifer.
e)
If the owner or operator determines
that the groundwater
monitoring program no longer satisfies the requirements
of this Section,
the owner or operator
shall, within 90
days, make appropriate changes
to the program.
Conditions
under
which
a
groundwater
monitoring
program
no longer satisfies
the requirements of this Section
include, but are not limited
to:
1)
A MAR
is exceeded
in any monitoring
well that
is
being
used as a background monitoring w~el1or
that
the owner
or operator has previously determined
to
be hydraulically upgradient
from the facility;
or
2)
A redetermination of groundwater
flow rate and
direction conducted pursuant
to subsection
(d)
shows that the existing monitoring
system is not
capable
of assessing groundwater quality at the
compliance points or points.
Section
616.206
Reporting
The owner
or operator shall submit results of all monitoring
required pursuant
to this Subpart
to the Agency within
60 days
after completion of sampling.
Section 616.207
Establishing Background Values And Maximum
Allowable Results
(MAR)
a)
Commencing
no later
than six months after
the beginning
of operation of
the facility,
the owner
or operator
of
said
facility shall,
for
a period
of one year, sample
each monitoring well
at
least every
two months
and
analyze
each
such
sample
accord
my
to
the
fol lowing
program:
1)
For a facility subject
to Subpart
D (landfills),
Subpart
E
(land treatment units),
Subpart
F
(surface impoundments), Subpart
K
(road oil storage
and handling units)
or Subpart L (de—icing
agent
storage and handling units)
analysis shall
be for
pH, specific conductance,
total organic carbon,
total
organic halogen, and any other parameter
which meets
the following criteria:
A)
Material
containing
such
parameter
is sLred,
treated
or disposed
at
the facility;
and
102—514
—101—
B)
The Board
has adopted
a groundwater
standard
for such parameter.
2)
For
a
facility subject
to Subpart
I for the storage
and handling
of pesticides analysis shall
be for
each pesticide stored or handled
at the facility.
3)
For
a facility subject
to Subpart J for
the storage
and handling of fertilizer
analysis shall
be
for
pH, specific conductance,
total organic carbon,
nitrates
as nitrogen,
ammonia nitrogen and for any
other parameter which meets
the following criteria:
A)
Material containing
such parameter
is stored
or handled
at the facility; and
B)
The Board has adopted
a groundwater standard
for such parameter.
b)
The results obtained under
subsection
(a)
shall be
used
to calculate
the background mean,
background standard
deviation and the maximum allowable result (hereinafter
referred
to as
“MAR”)
for each parameter using
the
following procedures:
1)
Results from all samples collected during the year
must
be used
in the calculations unless the owner
or operator demonstrates
to the Agency that one or
more
of the results was due
to error
in sampling,
analysis or evaluation.
2)
All calculations must be based on
a minimum of at
least
six sample measurements per parameter per
well.
3)
If any measured value
is equal
to or greater
than
its PQL,
or
if any measured value
is greater
than
its corresponding groundwater standard,
the actual
measured value must be used calculating
the mean
and standard deviation.
4)
If
any measured value
is less than its PQL and less
than
its corresponding groundwater standard, the
PQL rather than the measure value
is
to be used
in
calculating the mean and standard deviation.
5)
The MAR for each parameter,
except
for pH,
in each
well
is the lesser
of the following
two values:
A)
The groundwater
standard for the parameter.
102—515
—102—
B)
The quantity equal to
the measured mean value
of the parameter plus the product of the
parameter’s standard deviation times the
following constant:
Sample Size
Constant
6
2.10
7
2.03
8
1.97
9
1.93
10
1.90
11
1.88
12
1.85
13
1.84
14
1.82
6)
The upper
limit
for the MAR for
pH
in each
well,
is
the lesser of the upper limit of the pH groundwater
standard and the quantity calculated according
to
the procedure of subsection
(c)(5)(B).
The lower
limit
for the MAR for
pH
in each well
is the
greater of
the lower limit of
the pH groundwater
standard
and the quantity equal
to the measured
mean pH minus the product
of the calculated
p11
standard deviation times
the constant tabulated
iii
subsection
(c)(5)(B).
For the purpose of this Part
the pH groundwater standard
is deemed
to be
exceeded
if a sample value lies outside
the range
of the groundwater standard.
For the purpose of
this Part a
pH MAR
is deemed
to be exceeded
if
a
sample value
lies outside
the range established
by
the
upper
and
lower limits of the pH Mar.
c)
If the background mean or
the MAR
for any parameter
measured
in any well exceeds
any groundwater standard,
the
owner
or operator shall
notify
the Agency of tee
parameters
that
are exceeded
and provide
the
Ayency
~ii.Lh
an alternate method for analyzing groundwater
samples.
Such alternate method must be consistent with
the
groundwater standards.
d)
The owner
or operator shall
submit
to the Agency the
results of
the sample analyses and calculations
reauired
under
this Section,
including
a summary of
the
background mean, background standard deviation and MAR
for each parameter
at each well.
All documents required
to be submitted
to the Agency under
this
Section
shal
be submitted along with sample results required unIr
Section 616.206.
1fl2—51~
—103—
Section 616.208
Continued Sampling
a)
Upon completion
of the background sampling
required
pursuant
to Section 616.207, the owner
or operator
shall
sample each monitoring well
for
the duration of the
compliance period and analyze each sample,
except as
provided
in Section 616.209, according
to the following
program:
1)
For
a facility subject
to Subpart
D
(landfills),
Subpart
E
(land treatment units)
or Subpart F
(surface impoundments) sampling shall
be
at least
quarterly
and analysis shall
be
for pH, specific
conductance,
total organic carbon,
total organic
halogen,
and any other parameter which meets the
following criteria:
A)
Material containing
such parameter
is stored,
treated
or disposed
at the facility;
and
B)
The Board has adopted
a groundwater
standard
for such parameter.
2)
For
a facility subject
to Subpart
I
for
the storage
and handling
of pesticides sampling shall
be
quarterly
and analysis shall
be
for
five specific
pesticides
or
five groups
of chemically—similar
pesticides
stored
or
handled
at
the
unit
that
are
the most likely to enter
into
the groundwater
from
the
unit
and
that
are
the
most
toxic.
The
owner
or
operator shall
choose
the five specific pesticides
or five groups based
upon the following criteria:
A)
The volume of
the pesticides stored
or handled
at
the unit;
B)
The leachability characteristics
of the
pesticides stored or
handled at
the unit;
C)
The toxicity characteristics
of the pesticides
stored
or handled at the unit;
D)
The history of spillage of the pesticides
stored
or handled at the unit;
and
E)
The establishment of groundwater
standards
for
the pesticides stored
or handled
at the unit.
3)
For
a facility subject
to Subpart
3
for the storage
and handling of fertilizer
sampling shall
be
quarterly and analysis shall
be
for pH, total
102—f: 7
—104—
organic carbon, nitrates as nitrogen, ammonia
nitrogen, and specific conductance.
4)
For a unit subject
to Subpart K for
the storage
and
handling
of road oils
or subject to Subpart
L for
the storage and handling of de—icing agents
sampling shall be annually and analysis shall
he
for
pH,
specific
conductance,
total
organic
carbon
and total organic halogen.
b)
For each sample and for each parameter
analyzed pursuant
to
subsection
(a),
the
owner
or
operator
shall
determine
whether
the measured value
is greater
than its MAR.
c)
If
any
measured
value
is
greater
than
its
MAR,
the
owner
or operator
shall collect a second sample from the same
well
or wells
from which the original sample was
taken.
This second sample shall
be analyzed
for each
parameter
found
to be present
in the
first sample
at
a
level greater
than its MAR.
d)
If
any
measured
value
on
the
second
sample
collected
pursuant
to
subsection
(c)
continues
to
exceed
its
tIAR,
the
owner
or
operator
shall
undertake
a
non—compliance
response program
in accordance with Section 616.209
or
Section 616.210.
Section 616.209
Non—Compliance Response Program
An owner
or operator
required
to undertake
a non—compliance
response
program
pursuant
to
Section
616.208(d)
shall:
a)
Notify the Agency of the need
to undertake
a non-
compliance response program when submitting
the
groundwater monitoring
results required pursuant
to
Section 615.206.
The notification must indicate
in
which
wells
and
for
which
parameters
a
MAR
was
exceede:.
b)
Continue to sample and analyze according
to the
provisions of Section 616.208(a),
except that:
1)
For all units except those subject
to Subpart
I
the
frequency of all such sampling shall be month’y
until
no measured values above the MAR
have
been
recorded
for any parameter
for two consecutive
months.
2)
For
a u~nitsubject
to Subpart
I
for
the stor:!e nn~
handling of fertilizers sampling shall
be meL
for the parameters
for each pesticide storeJ
handled
at the facility until
no measured ve~neE;
above
the MAR have been recorded
for
two
consecutive
months.
1n2—s’s
—105—
d)
If
no measured values above the MAR have been recorded
for any parameter
for two consecutive months, but
a
parameter
is detected for which
the groundwater
standard
is less than or equal
to the PQL,
the owner
or operator
may return to the monitoring program prescribed in
Section
616.208,
but,
in
addition
to
monitoring
for
the
parameters
required
under
that
Section,
the
owner
or
operator shall also continue monitoring
for any
parameter
detected
for
which
the groundwater
standard is
less than or equal
to the PQL.
The owner or operator
shall continue monitoring
for such additional parameters
until the background means
for
the parameters
established pursuant
to Section 616.207 are not exceeded
for
two consecutive months.
If at any time the level
of
any such additional parameter
in the groundwater equals
or exceeds the PQL for
the parameter,
the owner
or
operator shall
submit to the Agency an engineering
feasibility
plan
for
a
corrective
action
in
accordance
with subsection
(e).
e)
If sample values above any MAR persist
for two or more
more months after
originally being
recognized pursuant
to
Section
616.208(d),
the
owner
or
operator
shall:
1)
Submit
to
the
Agency
an
engineering
feasibility
plan for
a corrective action program designed
to
achieve the requirements of Section 616.211.
A)
Such
feasibility plan shall
be submitted
to
the
Agency
within
180
days
after
the
date
of
the sample
in which a MAR was initially
exceeded.
B)
This requirement
is waived
if no MAR
is
exceeded
in
any
sample
taken
pursuant
to
subsection
(b)
for two consecutive months.
2)
Begin the corrective action program specified
in
the engineering
feasibility plan no later
than the
date on which the engineering
feasibility plan
is
submitted
to the Agency, except
as provided
in
subsection
(e)(1)(B).
f)
Subsections
(b),
(c),
(d)
and
(e) do not apply
if the
owner
or
operator
makes
an
alternate
non—compliance
demonstration pursuant
to
Section
616.210.
Section
616.210
Alternate Non—Compliance Response Program
If a non—compliance response program
is required pursuant
to
Section 616.208(d),
it
is presumed that contamination
from the
102—519
—106—
facility or unit which
is being monitored is responsible
for the
MAR
being
exceeded.
An
owner
or
operator
may
overcome
that
presumption by making a clear and convincing demonstration that
a
source
other
than
the
facility
or
unit
which
is
being
monitored
caused
the MAR to be exceeded,
or that
the cause of the MAR being
exceeded
is due
to error
in sampling, analysis or evaluation.
In
making such demonstration the owner
or operator
shall:
a)
Notify the Agency that the owner
or operator intends to
make
a demonstration under this Section when submitting
the
groundwater
monitoring
results
required
pursuant
to
Section
616.206.
b)
Submit
a report
to the Agency which demonstrates that
a
source
other
than
a
facility
or
unit
for
which
he
is
the
owner
or
operator
caused
the groundwater standard
to be
exceeded,
or
that
the groundwater
standard was exceeded
due
to an error
in sampling,
analysis or
evaluation.
Such report must be
included with the next submission
of
groundwater
monitoring
results
required
pursuant
to
Section 616.206;
and
c)
Continue
to
monitor
in
accordance
with
the
groundwater
monitoring program established pursuant to Sections
616.205
and
and 616.208.
Section
616.211
Corrective
Action
Program
An
owner
or
operator
required
to
conduct
a
corrective
action
program pursuant
to this Subpart shall:
a)
Take corrective action which
results
in compliance with
all MARs at
all compliance point
or points.
b)
Establish and
implement
a groundwater monitoring program
to demonstrate
the effectiveness of
the corrective
action program.
c)
Take corrective action which maintains compliance with
the
groundwater
standards:
1)
At all compliance points;
and
2)
Beyond the facility boundary, where necessary
to
protect human health and
the environment, unless
the owner
or operator demonstrates
to the Agency
that,
despite
the
owner’s
or
operator’s
best
effort~, the owner
or operator was unable
to obtain
the necessary permission
to undertake
such
action.
The owner
or operator
is not relieved o~
responsibility
to clean
up
a
release that has
migratedbeyond
the facility boundary where off—
site
access
i-s denied.
102—520
—107—
d)
Continue corrective action measures during
the
compliance period
to the extent necessary
to ensure
that
no MAR is exceeded
at the compliance point
or points.
e)
If the owner
or operator
is still conducting corrective
action at the end of the compliance period,
the owner
or
operator shall
continue that corrective
action for
as
long as necessary
to achieve compliance with all MARs.
The owner
or operator may terminate corrective action
measures taken beyond
the compliance period
as
identified
at Section 616.202
if the owner
or operator
can demonstrate,
based on data
from the groundwater
monitoring program under
subsection
(c),
that
rio MAR has
been exceeded
for
a period of
three consecutive years.
f)
Report
in writing
to the Agency on the effectiveness
of
the corrective action program.
The owner
or operator
shall submit these reports
semi—annually.
g)
If the owner or operator determines that the corrective
action program no longer satisfies the requirements
of
this
Section, the owner
or operator shall, within 90
days, make any appropriate changes to the program.
SUBPART
C:
GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
Section 616.301
Applicability
This Subpart applies
to:
a)
Landfill units subject to Subpart
D;
b)
Land treatment units
subject
to Subpart
E;
c)
Surface
impoundments subject
to Subpart
F;
d)
Pesticide storage
and handling units
subject to Subpart
I;
and
e)
Fertilizer
storage and handling units subject
to Subpart
3.
Section 616.302
Closure Performance Standard
The owner
or operator shall
close
the unit in
a manner that:
a)
Controls, minimizes
or eliminates,
to the extent
necessary
to protect human health and the environment,
post—closure escape of waste, waste constituents,
leachate,
contaminated
runoff or waste decomposition
products to
the ground;
102—521
—108—
b)
Minimizes the need
for maintenance during and beyond the
post—closure care period;
and
c)
Complies with the closure requirements of
35
Ill.
Adm.
Code:
Subtitles C and
G.
Section 616.303
Certification of Closure
Within
60
days after completion of closure of each unit,
the
owner or operator
shall
submit to the Agency, by registered
or
certified mail,
a certification that the unit has been closed
in
accordance with the closure requirements.
The certification must
be signed by the owner
or operator and by an
independent
registered professional engineer.
Documentation supporting
the
independent registered professional engineer’s certification must
be
furnished
to
the
Agency
upon
request.
Section
616.304
Survey
Plat
No
later than the submission of the certification of closure of
each unit,
the owner
or operator shall
submit to any local
zoning
authority,
or
authority
with
jurisdiction
over
local
land
use,
and
to the Agency, and
record with land
titles,
a
survey plat
indicating
the location and dimensions of any landfill
cells,
any
other waste disposal units,
and any pesticide and
fertilizer
storage and handling units, with respect
to permanently surveyed
benchmarks.
This plat must be prepared and certified by
a
registered
land surveyor.
Section 616.305
Post—Closure Notices
for Waste Disposal Unit:s
No later than 60 days after certification of closure of
the
unit,
the owner
or operator
of
a unit subject
to Subpart
D,
E,
or
F
shall submit to the Agency,
to the County Recorder and
to any
local
zoninq
authority
oi:
authority
with
jurisdiction
over
imeal
land
use,
a
record
of
the type,
location and quantity
of
.-iee’Les
disposed
of within each cell
or other
area of the unit.
Section 616.306
Certification of Completion of Post—closure
Care
No
later
than
60 days after completion of
the established
poet—
closure care period,
the owner
or operator shall submit to
the
Agency,
by registered
or certified mail,
a certification that the
post—closure care period
for
the unit was performed
in accordance
with the specifications
in the approved post—closure
plan.
The
certification must b~signed by the owner or operator and
en
independent
registered
professional
engineer.
Documental
en
supporting
the independent registered professional en.linn:r~e
certification must
be furnished
to the Agency upon
requere
102—52 2
—109—
Section
616.307
Post—Closure
Care
Period
The post—closure care
for
all units except
for landfills must
continue
for
five years
after
closure, or
to completion of
correction action conducted pursuant Section 616.211, which ever
is later.
Post—closure care
for landfills must continue
for
fifteen years after
closure or
to such time as provided by Board
regulation, or
to completion of correction action conducted
pursuant
to Section 616.211, which ever
is later.
SUBPART
D:
LANDFILLS
Section 616.401
Applicability
This Subpart applies to new landfill units which are located
wholly or partially within a setback
zone
or regulated recharge
area and which contain
special waste or other waste generated
on—
site,
except
that
this
Subpart
does
not apply
to any new landfill
unit which:
a)
Contains solely one or more of the following:
hazardous
waste,
livestock waste,
landscape waste,
or construction
and demolition debris;
or
b)
Is exempt from this Part pursuant
to Section 616.105.
Section 616.402
Prohibitions
a)
Pursuant to Sections 14.2(a), 14.2(d)
and 14.3(e)
of the
Act,
no
person
shall
cause
or
allow
the
construction,
use
or operation of any landfill
unit which
is:
1)
Located
wholly
or
partially
within
a
minimum
setback
zone
and which
is either
a new potential
primary source or
a new potential secondary source,
except
as specified
in Sections 616.104(a)
and
(b);
or
2)
Located
wholly
or partially within
a maximum
setback zone and which
is
a new potential primary
source,
except as specified
in Section 616.104(b).
b)
No person shall cause or allow the disposal of special
waste
in
a new on—site landfill unit within
a regulated
recharge
area
if
the
distance
from
the
wellhead
of
the
community water
supply well
to the landfill unit
is 2500
feet or
less,
except as provided
at Section 616.105.
Section 616.403
Groundwater Monitoring
The
owner
or
operator
shall comply with the requirements
of
Subpart
B.
102—523
—110—
Section 616.404
Design and Operating Requirements
a)
The owner
or operator of a landfill shall
install
two or
more liners and
a leachate collection system above
and
between the liners.
The requirement for the
installation
of two or more liners
in this subsection
may be satisfied by the installation of
a
top liner
designed, operated and constructed of materials to
prevent
the migration of any constituent
into such liner
during the period such facility remains
in operation
(including any post—closure monitoring period), and
a
lower
liner
designed,
operated
and
constructed
to
prevent
the migration of any constituent through such
liner during
such period.
For the purpose of the
preceding sentence,
a lower
liner
shall be deemed
to
satisfy
such
requirement
if
it is constructed of
at
least
a 10—foot thick layer
of recompacted
clay or other
natural material with
a permeability of
no more than
1
x l0~ centimeter
per second.
b)
The owner or operator shall design,
construct,
operate
and
maintain
a
run—on
control
system
capable
of
preventing
flow
onto
the
active
portion
of
the
landfill
during peak discharge
from at least
a 25—year storm.
c)
The
owner
or
operator
shall
design,
construct, operate
and maintain
a
run—off management
system to collect and
control
at least
the water volume resulting from
a
24—
hour,
25—year
storm.
d)
Collection and holding facilities
(e.g.,
tanks or
basins)
associated
with
run—on
and
run—off
control
systems must be emptied
or otherwise managed
expeditiously after storms
to maintain design capacity
of
the system.
e)
If
the landfill contains any particulate matter which
may be subject
to wind dispersal,
the owner or operator
shall
cover
or
otherwise
manage
the
landfill
to
control
wind dispersal.
Section 616.405
Monitoring
and Inspection
a)
During construction or
installation, liners must be
inspected
for uniformity,
damage and imperfections
(e.g.,
holes,
cracks,
thin spots or
foreign
materials).~ Immediately after construction or
installation:
1)
Synthetic liners and covers must
be
inspected
to
ensure
tight seams and joints and the absence of
tears, punctures
or blisters; and
102—524
—111—
2)
Soil—based
and admixed
liners and covers must be
inspected for imperfections including lenses,
cracks,
channels,
root holes or other
structural
non—uniformities that may cause
an increase
in the
permeability of
the liner
or cover.
b)
While
a landfill
is
in operation,
it must be inspected
weekly and after storms
to detect evidence of any of the
following:
1)
Deterioration, malfunctions
or
improper operation
of run—on and run—off control
systems;
2)
Proper functioning of wind dispersal control
systems, where present;
and
3)
The presence of leachate
in and proper functioning
of leachate collection
and removal systems.
Section
616.406
Surveying and Recordkeeping
The owner
or operator shall maintain the following items:
a)
On
a map,
the exact location and dimensions,
including
depth,
of
each
cell
with
respect
to
permanently
surveyed
benchmarks;
and
b)
A record
of the contents of each landfill
cell and the
approximate
location
of
each
waste
type
within
each
cell.
Section
616.407
Operating
Requirements
No person shall cause or allow:
a)
The disposal
of incompatible materials in the same
landfill
cell.
b)
The disposal
of bulk
or non—containerized
liquid waste
or waste containing
free liquids
(whether or not
absorbents have been added)
in
the landfill unit.
C)
The disposal
of containerized free liquids
in the
landfill unit unless;
1)
The container
is designed
to hold
free liquids
for
use other than storage,
such as
a battery or
capacitor;
or
2)
All free—standing
liquid:
~02—525
—112—
A)
Has been removed by decanting
or other
methods;
B)
Has been mixed with absorbent or solidified
so
that free—standing liquid
is no longer
observed;
or
C)
Has been otherwise eliminated;
or
3)
The container
is the size of an ampule or
smaller,
and the container
is either:
A)
At
least
90
percent
full
when
placed
in
the
landfill unit;
or
B)
Crushed,
shredded
or
similarly
reduced
in
volume
to the maximum practical extent before
burial
in the landfill
unit.
Section
616.408
Closure
and Post—Closure Care
a)
The
owner
or
operator
shall
comply
with
the
requirements
of this Section and Subpart
C.
b)
At
final
closure
of
the
landfill
or
upon
closure
of
any
cell,
the owner
or operator
shall cover
the landfill
or
cell with
a final
cover designed and constructed
to:
1)
Provide long—term minimization of migration of
liquids through
the closed
landfill;
2)
Function with minimum maintenance;
3)
Promote drainage and minimize erosion or abrasion
of the cover;
4)
Accommodate
settling
and
subsidence
so thL tn~
cover’s
integrity
is
maintained;
and
5)
Have
a permeability less than or
equal
to
the
permeability of any bottom liner system or natural
subsoils
present.
c)
After
final closure,
the owner
or operator shall,
fop:
a
period
of
fifteen years or as may be provided by other
Board regulations:
1)
Maintain
the integrity and effectivoneas oF
final cover,
including making repairs
to
th
~
‘
correct
the effects of settling,
subsidence,
erosion or other events;
102—526
—113—
2)
Continue to operate
the leachate collection and
removal
system;
and
3)
Prevent
run—on
and run—off from eroding
or
otherwise damaging
the
final cover.
4)
Protect and maintain surveyed benchmarks
used
in
complying with Section 616.406.
SUBPART
E:
LAND TREATMENT UNITS
Section 616.421
Applicability
This Subpart applies
to new land
treatment units which are
located wholly or partially within
a
setback zone
or
regulated
recharge area and which treat
or dispose
special waste
or other
waste generated on—site, except that
this Subpart does not apply
to any new land treatment unit which:
a)
Contains solely one or more of the following:
hazardous
waste, livestock waste, landscape waste,
or construction
and
demolition
debris;
or
b)
Is
exempt
from
this
Part
pursuant
to
Section
616.105.
Section 616.422
Prohibitions
a)
Pursuant
to Sections 14.2(a), 14.2(c)
and 14.3(e)
of the
Act,
no person shall cause or
allow the construction,
use or operation of any land
treatment unit which is:
1)
Located wholly or partially within
a minimum
setback
zone and which
is either a new potential
primary source or a new potential
secondary source,
except
as
specified
in Sections 616.104(a)
and
(b);
or
2)
Located
wholly
or
partially
within
a
maximum
setback zone and which
is
a new potential primary
source, except as specified
in Section 616.104(b).
b)
Nothing
in
this
Section
shall
prohibit
land
treatment
within
a maximum setback zone regulated by the Act of
sludge resulting from the treatment of domestic
wastewater
or of
sludge resulting from the treatment of
water
to produce potable water,
if such activities are
conducted
in
accordance with the Act and 35
Ill.
Adni.
Code:
Subtitle
C.
102—527
—114—
Section 616.423
Groundwater Monitoring
The owner
or operator shall comply with the requirements of
Subpart B.
Section 616.424
Design and Operating
The owner or operator shall design and operate the land treatment
site
in accordance with 35
Ill. Mm.
Code:
Subtitle C and
35
Ill.
Adm.
Code:
Subtitle G.
Section 616.425
Closure and Post—Closure Requirements
The
owner
or
operator
shall
comply
with
the
requirements
of
Subpart C.
SUBPART
F:
SURFACE
IMPOUNDMENTS
Section
616.441
Applicability
This
Subpart
applies
to
new
surface
impoundment
units
which
are
located
wholly
or
partially
within
a
setback
zone
or
regulated
recharge
area
and
which
contain
special waste or other waste
generated
on—site,
except
that
this
Subpart
does
not
apply
to
any
new surface impoundment unit which:
a)
Contains
solely
one
or
more
of
the
following:
hazardous
waste, livestock waste, landscape waste,
or construction
and
demolition
debris;
or
b)
Is exempt from this Part pursuant
to Section 616,105.
Section 616.442
Prohibitions
Pursuant
to Sections 14.2(a), 14.2(c)
and 14.3(e)
of the Act,
no
person shall cause
or
allow the construction,
use
or operahion
of
any surface impoundment unit which
is:
a)
Located wholly or
partially within
a minimum setback
zone and which is either a new potential primary source
or
a
new
potential
secondary
source,
except
as
specified
in Sections 616.104(a)
and
(b);
or
b)
Located wholly or partially within
a maximum setback
zone and which
is
a new potential primary source, except
as specified
in Section 616.104(b).
Section
616.443
Groundwater
Monitoring
The owner or operator
shall comply with the requirements
of
Subpart
B.
102—523
—115—
Section 616.444
Design
and Operating Requirements
a)
The owner or operator of
a surface impoundment
shall
install
two
or
more
liners
and
a
leachate
collection
system between such liners.
The requirement for
the
installation of two or more liners in this subsection
may he satisfied by the installation of
a top liner
designed, operated,
and constructed of materials
to
prevent
the migration of any constituent
into
such liner
during the period such facility remains
in operation
(including any post—closure monitoring period), and
a
lower
liner designed, operated
and constructed
to
prevent
the migration of any constituent through such
liner during such period.
For
the purpose of the
preceding sentence,
a lower
liner
shall
be deemed
to
satisfy such requirement if
it
is constructed of at
least
a
5—foot thick
layer
of recompacted
clay or other
natural material with
a permeability
of
no more
than
1
x
~
centimeter
per
second.
b)
A surface impoundment must be designed,
constructed,
maintained
and operated
to prevent overtopping resulting
from normal or abnormal
operations;
overfilling;
wind
and wave action;
rainfall;
run—on; malfunctions
of level
controllers,
alarms
and
other
equipment;
and human
error.
c)
A surface
impoundment must have dikes that are designed,
constructed and maintained with sufficient structural
integrity
to prevent massive failure of the dikes.
In
ensuring structural
integrity,
it must not be presumed
that the liner
system will function without leakage
during the active life of the surface impoundment
d)
The owner
or operator shall maintain the following
items:
1)
Records
describing
the
contents
of
the
impoundment;
and
2)
A map showing
the exact location and dimensions of
the impoundment,
including depth with respect
to
permanently surveyed benchmarks.
Section 616.445
Inspection Requirements
a)
During construction and installation, liners must
be
inspected
for uniformity,
damage and imperfections
(e.g., holes,
cracks, thin
spots or
foreign
materials).
Immediately after construction
or
installation:
102—529
—116—
1)
Synthetic liners and covers must be
inspected to
ensure
tight seams and joints and the
absence of
tears, punctures and blisters;
and
2)
Soil—based and admixed liners and covers must be
inspected
for imperfections including lenses,
cracks, channels, root holes or other structural
non—uniformities that may cause an increase
in the
permeability of that liner
or
cover.
b)
While
a surface impoundment
is
in operation,
it must be
inspected weekly and after storms
to detect evidence of
any of the following:
1)
Deterioration, malfunctions
or
improper operation
of overtopping control
systems;
2)
Sudden drops
in the level of
the impoundment’s
contents;
3)
Severe erosion or other
signs of deterioration
in
dikes or other containment devices;
or
4)
A leaking dike.
Section
616.446
Operating
Requirements
a)
No person shall cause
or allow incompatible materials
to
be placed
in the same surface impoundment unit.
b)
A surface impoundment unit must be removed
from service
in
accordance
with
subsection
(c)
when:
1)
The level
of liquids
in the unit suddenly drops
and
the drop
is not known
to be caused by changes
in
the
flows
into
or
out
of
the
unit;
or
2)
The dike
leaks.
c)
When
a surface impoundment unit must be removed
from
service as required by subsection
(b),
the owner
or
operator shall:
1)
Shut off the flow or stop the addition of wastes
into the impoundment unit;
2)
Contain any surface leakage which has occurred
or
is occurring;
3)
Stop the leak;
102—530
—117—
4)
Take any other
necessary steps
to
stop
or
prevent
catastrophic failure;
5)
If
a leak cannot be
stopped by any other means,
empty the impoundment unit;
and
6)
Notify the Agency of the removal from service and
corrective actions that were taken, such notice
to
be given within
10 days after
the removal from
service.
d)
No surface impoundment unit which has been removed
from
service
in accordance with the requirements of
this
Section may be restored
to service unless the portion of
the unit which failed has been repaired.
e)
A surface impoundment unit which has been removed
from
service
in
accordance
with
the
requirements
of
this
Section and that
is not being repaired must be closed
in
accordance with the provisions of Section 616.447.
Subpart 616.447
Closure and Post—Closure Care
a)
If
closure
is
to
be
by
removal,
the
owner
or
operator
shall
remove
all
waste,
all
waste
residues,
contaminated
containment
system
components
(liners,
etc.),
contaminated subsoils and structures
and equipment
contaminated with waste
and leachate;
and,
if disposed
in the State of Illinois,
dispose of them
at
a facility
permitted by
the Agency.
b)
If closure
is not
to be by removal, the owner
or
operator
shall
comply
with
the
requirements
of
Subpart
C
and shall:
1)
Eliminate
free
liquids
by removing liquid wastes or
solidifying
the
remaining
wastes
and
waste
residues.
2)
Stabilize remaining wastes
to
a bearing capacity
sufficient
to support
final cover.
3)
Cover
the
surface
impoundment
unit
with
a
final
cover designed and constructed
to:
A)
Provide long—term minimization
of the
migration of liquids through the closed
impoundment
unit;
B)
Function with minimum maintenance;
102—53 1
—118—
C)
Promote drainage and minimize erosion or
abrasion of the final
cover;
D)
Accommodate settling and subsidence
so that
the cover’s integrity is maintained;
and
E)
Have
a permeability less than or equal
to the
permeability
of
any
bottom
liner
system
or
natural subsoils present.
c)
If
some
waste
residues
or
contaminated
materials
are
left
in place
at
final closure,
the owner or operator
shall
comply with the requirements of Subpart
C and
shall
for
a period
of
5 years after closurei
1)
Maintain the integrity and effectiveness of the
final cover,
including making
repairs
to the cap as
necessary to correct
the effects of settling,
subsidence,
erosion or
other events;
2)
Maintain and monitor
the groundwater monitoring
system;
and
3)
Prevent run—on and run—off
from eroding
or
otherwise damaging the
final cover.
SUBPART
G:
WASTE
PILES
Section 616.461
Applicability
This
Subpart applies to new waste piles which are located wholly
or partially within
a setback zone
or
regulated recharge
area and
which contain special waste or other
waste generated on—site,
except
that this Subpart does not apply
to any new waste pile
which:
a)
Contains
solely
one
or
more
of
the
following:
hazer
ieee
waste,
livestock waste,
landscape waste,
or construction
and demolition debris;
or
b)
Is exempt
from this
Part
pursuant
to Section 616.105.
Section 616.462
Prohibitions
a)
Pursuant
to Sections 14.2(a),
14.2(c)
and 14.3(e)
of the
Act,
no person shall cause or allow
the construction,
use or operation of any waste pile which
is:
1)
Located wholly or partially within
a minimum
setback
zone and which
is either
a new potential
primary source or
a new potential secondary source,
except
as specified
in Sections 616.104(a)
and
(b);
or
102—532
—119—
2)
Located wholly
or partially within
a maximum
setback
zone and which
is
a new potential primary
source,
except as specified
in Section 616.104(b).
b)
Nothing
in this Section shall
prohibit
a waste pile
within
a
maximum
setback
zone
regulated
by
the
Act
of
sludge resulting from the treatment of domestic
wastewater
or of sludge resulting
from the treatment of
water
to produce potable water,
if such activities are
conducted
in accordance with the Act and
35
Ill.
Adm.
Code:
Subtitle
C.
Section 616.463
Design and Operating Requirements
a)
No person shall
cause or
allow:
1)
Disposal
or storage
in the waste pile of
liquids or
materials containing free liquids;
or
2)
Migration and runoff of leachate into adjacent
soil,
surface water,
or groundwater.
b)
A
waste
pile
must
comply
with
the
following
standards:
1)
The waste pile must be under
an impermeable
membrane
or
cover
that
provides
protection
from
precipitation;
2)
The waste pile must be protected
from surface water
run—on;
and
3)
The waste pile must be designed and operated
to
control wind dispersal
of waste by
a means other
than wetting.
Section 616.443
Closure
The owner or operator shall
accomplish closure by removing and
disposing of all wastes and containment system components
(liners,
etc).
If
disposed
in
the
State
of
Illinois,
the
waste
and containment system components must be disposed
at
a disposal
site permitted
under
the Act.
SUBPART
H:
UNDERGROUND STORAGE TANKS
Section 616.501
Applicability
This Subpart applies to new underground storage tanks which are
located wholly or partially within
a
setback zone or regulated
recharge area and which contain special waste, except that
this
Subpart does not apply to any new underground
storage
tank which:
102—53~
—120—
a)
Pursuant
to 35
Ill.
Adm.
Code 731.110(a) must meet the
requirements set forth
in 35
Ill.
Mm.
Code 731,
unless
such a tank
is excluded from those requirements pursuant
to
35 Ill.
Adm. Code 731.110(b);
or
b)
Must have interim status or a
RCRA permit
under
35
Ill.
Mm.
Code Subtitle G;
or
C)
Is exempt from this Part pursuant to Section
616.105.
Section 616.502
Design and Operating Requirements
Owners and operators of new underground
storage
tanks that store
special waste
shall meet the requirements
set forth
in 35
Ill.
Mm.
Code
731.
Such requirements must be met even
if the tanks
are excluded from coverage under
35
Ill. Mm.
Code 731 by 35
Ill.
Adm.
Code 731.110(b).
The exclusions
set forth
in 35
Ill.
Adm.
Code 731.110(b)
shall
not apply to any underground storage
tank
which stores special waste.
SUBPART
I:
PESTICIDE STORAGE AND HANDLING UNITS
Section 616.601
Applicability
This
Subpart applies
to
any new unit
for
the storage and handling
of pesticides which
is located wholly or partially within
a
setback zone or
regulated recharge area and which:
a)
Is operated for the purpose of commercial application;
or
b)
Stores or accumulates pesticides prior
to distribution
to retail sales outlets,
including but not limited
to
a
unit which
is
a warehouse or bulk
terminal.
c)
Subsections
(a)
and
(b)
notwithstanding,
this
Subpart
does not apply to any unit exempt pursuant
to Section
616.105.
Section
616.602
Prohibitions
Pursuant
to Sections
14.2(a),
14.2(c)
and
14.3(e)
of
the Act,
no
person shall
cause or
allow
the construction, use or operation
of
any facility
for the storage
and handling
of pesticides which
is:
a)
Located wholly or partially within
a minimum
setback
zone and which
is either
a new potential primary source
or
a
new
potential
secondary
source,
except
as
speci
fied
in Sections 616.104(a)
and
(b);
or
102—534
—121—
b)
Located wholly
or partially within
a maximum setback
zone and which
is
a new potential primary source, except
as specified
in Section 616.104(b).
Section 616.603
Groundwater Monitoring
The owner
or operator
shall comply with the requirements of
Subpart
B.
Section 616.604
Design and Operating Requirements
The owner or operator shall:
a)
Comply with rules adopted
by the Department of
Agriculture,
as
set forth
in
B
Ill.
Adm.
Code
255.
In
the event
of
a conflict between
this Part and
8
Ill.
Mm.
Code 255,
this Part shall control.
b)
Maintain
a written record
inventorying
all pesticides
stored or handled
at
the unit.
c)
At least weekly when pesticides are being stored,
inspect storage containers,
tanks, vents, valves,
and
appurtenances for leaks
or deterioration caused by
corrosion or
other
factors.
If
a
leak or deterioration
is found
in any of these devices,
the owner
or operator
must
immediately repair
or
replace the device.
The
owner
or operator shall maintain
a written record
of all
inspections conducted
under
this
Section and of all
maintenance
relating
to leaks
and deterioration of these
devices.
d)
Store
all containers containing pesticides within
a
secondary containment structure that complies with the
design standards set forth
in
8 Ill. Mm.
Code
255,
if
such containers are
stored outside of
a
roofed structure
or enclosed warehouse.
e)
Maintain all written records required
under
this Section
at the site.
The owner
or operator
shall provide any
such record to the Agency upon request.
Section 616.605
Closure
and Post—Closure Care
The owner
or operator shall
comply with the requirements
of
Subpart
C.
102—535
—122—
SUBPART J: FERTILIZER STORAGE AND
HANDLING AND UNITS
Section 616.621
Applicability
This
Subpart
applies
to
any
new
unit
for
the
storage
and
handling
of fertilizers which is located wholly or partially within
a
setback zone or regulated recharge area and which:
a)
Is operated
for the purpose of commercial application;
or
b)
Stores or accumulates fertilizers prior
to distribution
to retail sales outlets,
including but not limited
to
a
unit which is a warehouse
or
bulk
terminal.
c)
Subsections
(a)
and
(b) notwithstanding,
this Subpart
shall
not apply to any unit exempt pursuant
to Section
616. 105.
Section 616.622
Prohibitions
Pursuant
to Sections 14.2(a),
14.2(c)
and 14.3(e)
of
the Act,
no
person shall cause or allow
the construction,
use or operation of
any facility
for the storage
and handling of fertilizers which
is:
a)
Located wholly or partially within
a minimum setback
zone and which
is either
a new potential primary source
or
a new potential secondary source,
except as specified
in
Sections
616.104(a)
and
(b);
or
b)
Located wholly or partially within
a maximum setback
zone
and which
is a new potential
primary source,
except
as specified
in Section 616.104(b).
Section
616.623
Groundwater
Monitoring
The owner
or operator shall comply with
the requirements
of
Subpart
B.
Section 616.624
Design and Operating Requirements
The owner
or operator
shall:
a)
Comply with rules adopted
by the Department of
Agriculture,
as set forth
in
8
Ill.
Adm.
Code
255.
In
the event of
a conflict between
this Part and
8
ill.
Adm.
Code 2~5,this Part shall control.
b)
Maintain
a written record
inventorying all fertilizers
stored or handled at the
unit.
102—536
—123—
c)
At least weekly when fertilizers are being stored,
inspect storage containers,
tanks, vents, valves, and
appurtenances
for
leaks
or
deterioration
caused
by
corrosion
or
other
factors.
If
a
leak
or
deterioration
is
found
in any of these devices,
the owner or operator
shall
immediately repair
or replace the device.
The
owner
or
operator
shall
maintain
a
written
record
of
all
inspections conducted under
this Section
and
of all
maintenance relating to leaks and deterioration of these
devices.
d)
Store all
containers containing
fertilizers (except
anhydrous ammonia)
within a secondary containment
structure
that
complies with the design standards set
forth
in 8
Ill.
Adm.
Code
255,
if such containers are
stored outside of
a roofed structure or enclosed
warehouse.
e)
Maintain
all written
records required
under
this Section
at the site.
The owner or operator shall provide any
such record
to the Agency upon request.
Section 616.625
Closure
and Post—Closure Care
The owner
or operator
shall comply with the requirements
of
Subpart
C.
SUBPART
K: ROAD OIL STORAGE AND HANDLING UNITS
Section 616.701
Applicability
This Subpart applies
to any new unit
for the storage and related
handling
of
road
oils
which
is
located
wholly
or partially within
a setback
zone or regulated
recharge area and
at which greater
than
25,000
gallons
of
road
oils
are
stored
or
accumulated
at
any
one time, except as otherwise provided
in Section 616.105.
Section
616.702
Prohibitions
Pursuant
to Sections 14.2(a),
14.2(c) and 14.3(e)
of the Act, no
person shall
cause or allow the construction, use or operation
of
any
facility
for
the
storage
and
handling
of
road
oils
which
is:
a)
Located
wholly
or
partially
within
a
minimum
setback
zone and which
is either
a new potential primary source
or
a new potential secondary source,
except as
specified
in Sections 616.104(a)
and
(b);
or
b)
Located wholly or partially within
a maximum setback
zone and which
is
a new potential primary source, except
as
specified
in
Section
616.104(b).
102—537
—124—
Section 616.703
Groundwater Monitoring
The owner or operator shall
comply with the requirements of
Subpart
B.
Section 616.704
Design and Operating Requirements
for Above—
Ground Tanks
a)
The owner or
operator of a tank shall
not cause
or
allow:
1)
Materials to be placed
in
a tank if such materials
could
cause
the tank
to rupture,
leak,
corrode,
or
otherwise
fail.
2)
Uncovered
tanks
to
be
placed
or
operated
so
as
to
maintain less than
60 centimeters
(2
feet)
of
freeboard unless:
A)
The
tank
is
equipped
with
a
containment
structure
(e.g.,
dike or trench),
a drainage
control system,
or
a diversion structure
(e.g., standby tank);
and
B)
Such
containment
structure,
drainage
control
system, or diversion structure has a capacity
that equals or exceeds
the volume of the top
60 centimeters
(2 feet)
of the tank.
3)
Material
to
be
continuously
fed
into
a
tank,
unless
the tank
is equipped with
a means to
stop this
inflow
(e.g.,
a
feed
cutoff
system
or
a
bypass
system to
a standby tank).
4)
Incompatible
materials
to
be
placed
in
the
same
tank.
5)
Material
to be placed
in a tank which previously
held
an
incompatible material unless
the
incompatible material
has been washed
from the
tank.
6)
Ignitable or reactive material
to be placed
in
a
tank unless:
A)
The material
is stored
or treated
in such
a
way that
it
is protected from any material or
conditions which may cause
it
to ignite
or
react;
or
B)
The tank
is used solely for emergencies.
102—538
—125—
b)
The owner
or operator shall provide and maintain primary
containment
for
the
tank
such
that:
1)
The tank has
a minimum shell thickness
that ensures
that the tank will not fail
(i.e., collapse,
rupture,
etc.).
2)
The tank
is compatible with the material
to be
placed
in the
tank or the
tank
is lined with
a
substance that
is compatible with the material
to
be placed
on the
tank.
c)
The owner
or operator
shall provide and maintain
secondary containment
for
the tank that:
1)
Is capable of containing the volume
of the largest
tank
or
10
of
the total volume for all
tanks,
whichever
is greater;
2)
Is constructed
of material capable of containing
a
spill
until cleanup occurs
(e.g., concrete or
clay).
The base of
the secondary containment area
must be capable
of minimizing vertical migration of
a
spill
until
cleanup
occurs
(e.g.,
concrete
or
clay);
3)
Has cover
(e.g.,
crushed
rock
or vegetative growth)
on earthen embankments sufficient
to prevent
erosion;
and
4)
Isolates the tank from storm water drains and from
combined
storm water drains and sanitary sewer
drains.
d)
If
incompatible materials are handled
at
the site
secondary
containment
sufficient
to
isolate
the
units
containing
the incompatible materials must
be provided.
e)
The owner or operator of
a
tank shall
also:
1)
Test above—ground tanks and associated piping every
five years
for structural
integrity.
2)
Remove uncontaminated
storm water runoff
the
secondary containment area immediately after
a
precipitation event.
3)
Handle contaminated storm water
runoff
in
accordance with Subpart
A of
35 Ill. Mm.
Code:
Subtitle
C.
102—539
—126—
4)
Provide
a
method
for
obtaining
a
sample
from
each
tank.
5)
Install, maintain, and operate
a material level
indicator on each tank.
6)
When
not
in
use,
lock
all
gauges
and
valves
that
are used
to inspect levels
in the
tank.
All such
devices must be located within
the containment
structure.
Section 616.705
Closure
a)
At closure,
all materials must be
removed from
containers,
tanks,
discharge
control
equipment,
and
discharge confinement structures.
b)
All materials
that are
to
be disposed
in the State of
Illinois must be disposed
at
a disposal
site permitted
under
the Act.
SUBPART
L:
DE—ICING AGENT STORAGE AND HANDLING UNITS
Section 616.721
Applicability
This Subpart applies
to any new facility for
the storage and
related handling of de—icing agents which
is located wholly or
partially within
a setback zone and at which more than 50,000
pounds of de—icing
agent are stored or
accumulated at any one
time,
except
as
otherwise
provided
in
Section
616.105.
For
the
purpose
of
this
Subpart:
a)
An indoor
storage unit means
a storage unit with
a roof
capable of protecting de—icing agents
from
wind
and
precipitation;
b)
An
outdoor
storage
unit
means
a unit
for
the storage
of
de—icing agents which
is not
an
indoor
storage
unit.
Section 616.722
Prohibitions
a)
Pursuant
to Sections 14.2(a),
14.2(c)
and 14.3(e)
of the
Act,
no person shall cause
or
allow
the construction,
use or operation of any facility for
the storage
and
handling of de—icing agents which
is:
1)
Located wholly or partially within
a minimum
setbackS zone and which
is either
a new potential
primary
source
or
a
new
potential
secondary
source,
except as specified
in Sections 616.104(a)
and
(b);
or
102—540
—127—
2)
Located
wholly
or
partially
within
a
maximum
setback
zone
and
which
is
a
new
potential
primary
source,
except
as
specified
in
Section
616.104(b).
b)
No person shall
cause or
allow the construction, use
or
operation within any setback zone
or regulated recharge
area of any outdoor facility for the storage and
handling of de—icing agents,
except
as
provided
at
Section 616.105.
Section 616.723
Groundwater Monitoring
The owner
or operator
shall comply with the requirements of
Subpart B.
Section 616.724
Design and Operating Requirements
For Indoor
Storage Facilities
a)
The base
of the facility must be constructed
of
materials capable of containing de—icing agents (i.e.,
bituminous or
concrete pad).
b)
The roof and walls of the facility must be constructed
of materials capable
of protecting
the storage pile from
precipitation and capable
of preventing dissolved de—
icing agents from entering into the adjacent soil,
surface water,
or groundwater.
The walls of the
facility must be constructed of materials compatible
with the dc—icing
agents
to be placed
in the facility.
Run—off from the roof must be diverted away from the
loading pad.
C)
The loading pad of the facility must be constructed
of
materials
capable
of containing
a spill
(i.e., concrete
or bituminous
pad).
The borders of the loading pad must
be
curbed
to
prevent
dry
or
dissolved
de—icing
agents
from migrating
from the loading
pad
into the adjacent
soils,
surface
water,
or
groundwater.
The
loading
pad
must be covered
by a roof of sufficient size
to provide
the pad and de—icing agents with protection
from
precipitation to prevent run—off
or dissolved de—icing
agents
from
entering
into
the
adjacent
soil,
surface
water,
or groundwater.
d)
All areas surrounding
the storage pile,
including but
not limited
to the loading pad, must be
routinely
inspected
to
determine
whether
any
release
of
de—icing
agents has occurred.
Such areas
shall
be cleaned
as
necessary.
Spilled dc—icing agents must be placed back
under
the protective covering
of the
indoor
storage
pile.
The storage pile must be reshaped
as often
as
necessary
to prevent leaching.
102—541
—128—
e)
The integrity of
the facility and loading pad must be
maintained.
f)
All areas surrounding
the storage facility must he
inspected daily
to determine whether any release of de—
icing agents has occurred.
Spilled dc—icing agents must
be placed back into the storage
facility.
Section
616.725
Closure
a)
At
closure,
all
dc—icing
agents
must
be removed from the
site, discharge control equipment and discharge
confinement structures.
b)
All dc—icing
agents that are
to be disposed
in the State
of Illinois must be disposed at
a disposal site
permitted
under
the Act.
102—54 2
—129—
TITLE
35: ENVIRONMENTAL PROTECTION
SUBTITLE
F:
PUBLIC WATER SUPPLIES
CHAPTER
I: POLLUTION CONTROL BOARD
PART 617
REGULATED RECHARGE AREAS
SUBPART
A:
GENERAL
Section
617.101
Purpose
617.102
Definitions
AUTHORITY:
Implementing Section 17.4 and authorized by Section
27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2,
pars.
1017.4
and 1027).
SOURCE:
(Adopted
in R89—5
at
Ill.
Reg.
________
effective
_________________
SUBPART
A:
GENERAL
Section
617.101
Purpose
This Part sets out regulated recharge areas
as delineated
pursuant
to Section
17.4
of
the Act.
Section 617.102
Definitions
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 those used
in
35
Ill.
Adm.
Code 615.102,
the Act,
or
the Illinois Groundwater Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2, pars.
7451
et seq.).
IT
IS SO ORDERED.
B.
Forcade concurred.
I,
Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby
certify
that
the
ahoy
Opinion
and
Order
was
adopted
on
the
J/~
day of
______________________,
1989, by a
vote of
~ -O
.
/
/L~/
Dorothy
M.
GU’nn, Clerk
Illinois Po~llutionControl
Board
102—543
