ILLINOIS POLLUTION CONTROL BOARD

December 16,

1993

IN THE MATTER OF:

)

R93—10

RCRA SUBTITLE D AMENDMENTS

)

 (Identical

 in Substance Rule)

(AMENDMENTS TO 35

 ILL. ADM.

)

CODE PART 810, PART 811,

)

AND

PART 814)

)

Adopted Rule.

 Final Order.

SUPPLEMENTAL OPINION

AND

ORDER OF THE BOARD

 (by G.T. Girard)

SUMMARY OF TODAY’S ACTION2

On September 15,

 1993, the Board adopted the final opinion

and order

 in R93-1O.

 In that opinion, the Board initiated a 15-

day post-adoption comment period prior to filing the rules with

the Secretary of State, to allow for review, particularly by

those involved in the federal authorization process.

The

 Board

 wishes

to

 express

its

 appreciation

for

the

contribution

of

 Mrs.

 Joan

 Anderson to

 this

 rulemaking.

 Mrs.

Anderson initiated this proceeding prior to her departure from the

Board

in

 November

of

 1993.

 Mrs.

 Anderson

had

 directed

 this

proposal through the Final Opinion and Order and had contributed

greatly to

 this opinion and order.

The Board

 also expresses

 its appreciation to Anand Rao

of

the

Board’s

 technical

 support

 staff

 for his

 special

 assistance

in

drafting the opinion and crafting the order so as to blend the

RCRA

Subtitle D language into the Board’s existing landfill regulations.

The Board also appreciates the assistance of Board attorney Michael

McCambridge

for

his

 assistance

in

 drafting

and

 formatting

the

opinion and order, particularly as regards financial assurance.

21n the Illinois Environmental Protection Act,

 the Board

is

charged

to

 “determine,

 define

and

 implement

the

 environmental

control standards applicable in the State of Illinois”

 (415 ILCS

5/5(b)).

 More generally, the Board’s rulemaking charge is based on

the

 system

of

 checks

and

 balances

 integral

to

 Illinois

environmental governance:

 the Board bears responsibility for the

rulemaking

and

 principal

 adjudicatory

 functions,

 whereas

the

Illinois Environmental Protection Agency

 (Agency)

 is responsible

for carrying out the principal administrative duties.

 The latter’s

duties include administering the regulations that stem from today’s

action.

2

Subsequently, in response to requests from the United States

Environmental Protection Agency

 (USEPA) and the Illinois

Environmental Protection Agency (Agency), the Board granted a

four-week extension to file final comments until October 30,

1993.

 (Board Order, R93—lO

 (October 7,

 1993).)

The Board today amends the final opinion and order in R93-lO

in order to address the post—adoption comments.

 Today’s action

also addresses certain federal and state actions relating to

compliance dates, which occurred after September 15,

 1993.

First, the Board will address the compliance dates issue.

The

other changes made in response to public comments are discussed

under the Section—by—Section commentary.

REVISION OF COMPLIANCE DATES

On July 28,

 1993, the USEPA proposed amendments to RCRA

Subtitle D landfill criteria

 (40 CFR 258) to delay several

compliance dates from the initial proposal.

 (58 FR 40568.)

The

USEPA’s proposal included,

 in pertinent part, the following

compliance date revisions:

a)

 Delay the effective date of the Subtitle D regulations

for certain small existing

MSWLF

units or lateral

expansions3 from October

9,

 1993 to April

9,

 1994; and

b)

 Delay the effective date of the financial assurance

requirements for all

MSWLF

units from April

9,

 1994 to

April

9,

 1995.

As noted in the Board’s final opinion of September 15,

 1993, the

Board adopted the USEPA’s proposed compliance dates in

anticipation of the need to be identical in substance to the

USEPA’s regulations.

 Further, the Board expected that the

USEPA’s proposal would become effective before the end of the

post—adoption comment period.

The USEPA finalized the proposed amendments to 40 CFR 258 on

October

1,

 1993.

 (58 FR 51536.)

 In addition to the revisions

listed above,

 the USEPA’s final amendments delay the effective

date of the Subtitle D regulations from October

9,

 1993 to

October

9,

 1994 for certain existing

MSWLF

units, and lateral

expansions that receive flood—related waste.

 The amendments

~ The MSWLF unit must meet the following conditions:

 (i) the

unit receives less than 100 tons of per day of waste for disposal;

(ii)

the

 unit

is

 located

in

a

 state

 that

has

 submitted

an

application for program approval to the USEPA by October

9,

 1993,

or is located on tribal lands; and

 (iii)

 the unit is not currently

listedon the Superfund National Priority List

 (NPL).

3

allow states4 to determine the MSWLF units that are needed to

accept the flood—related waste, and specify the compliance dates

for such MSWLF units.

In response to the federal action, the Illinois General

Assembly in House Bill 299 adopted amendments to Sections 21.1

and 22.40 of the Environmental Protection Act (415 ILCS 5/1 et

seq.) during the fall 1993 legislative session.

 These amendments

were signed into law by Governor Edgar on November 16,

 1993 as

Public Act 88-512, effective retroactively from October

9,

 1993.

The statutory amendments revise the RCRA Subtitle D landfill

compliance dates to mirror the federal mandates.

In order to be consistent with the federal regulations and

the legislative intent, the Board has amended the compliance

requirements specified in Section 814.107.

 The new Section

814.107(c) exempts an existing

NSWLF

unit or a lateral expansion

of an existing unit from the additional requirements prescribed

in Part 814 for MSWLF units until April

8,

 1993,

 if the Agency

determines that such a unit or lateral expansion is needed to

receive flood-related waste.

 The Board has also made some minor

changes to Section 814.107, which clarify the applicability of

the compliance dates to lateral expansions at existing MSWLF

 units.

 Finally, the Board has corrected the compliance dates

specified in Section 811.Subpart G (financial assurance

requirements) to reflect the federal regulations.

PUBLIC COMMENTS

As noted above, the Board started the post-adoption “public

comment” phase of this rulemaking upon the adoption of the

Subtitle D amendments on September 15,

 1993.

 The following post—

adoption public comments

 (PC) relating to the final adopted

regulations were received by the Board:

PC #11

 Comments from David

N.

 Zorin of Thomas and Stidham

PC #12

 Waste Management,

 Inc.

 (WMI)

PC #13

 USEPA, Region

5,.

 Solid Waste Section

 (USEPA)

PC #14

 Illinois Environmental Protection Agency (Agency)

& #15

The Board extends its appreciation to all commenters for

their thoughtful contributions.

 The Board has reviewed in detail

all of the post-adoption public comments.

 In responding to

these,

 the Board today makes a number of changes to the

amendments adopted on September 15,

 1993.

 These changes are

discussed under the following Section-by-Section commentary.

4states affected by the Great

 Flood

of

 1993,

 which

 include

areas designated by the President as Federally—designated disaster

areas.

4

Part 811

Purpose. ScoDe and A~licabilitv (Section 811.101)

The USEPA’s comments request the Board to indicate whether a

provision comparable to 40 CFR 258.3 is specified in the Board’s

nonhazardous solid waste landfill regulations.

 (PC. #13, comment

1.)

 40 CFR 258.3 requires an owner or operator of a MSWLF unit

to comply with any other applicable federal rule,

 laws,

regulations, or other r~quirements. The Board’s landfill

regulations do not expressly require an owner or operator to

comply with all applicable federal laws and regulations.

However,

 in order to be consistent with the federal regulations,

the Board has added a requirement similar to 40 CFR 258.3

in

Sections 811.101 and 814.101.

Operating Standards

 (Section 811. 107)

The Agency’s comments request the Board to specify the test

method for free liquids outlined in 35 Ill.

 Adm. Code 729.320

instead of the test specified at Section 811.107(m).

 (PC. #15 at

1.)

 In this regard, the Agency notes that the test method

specified under Part 729 is a better indicator of free liquids.

The Board notes that the Agency’s request to prescribe an

alternative test method is beyond the scope of an identical in

substance rulemaking,

 since the federal subtitle D regulations at

40 CFR 258.28 do not allow such specification.

 Therefore, the

Board declines to make any changes concerning the free liquid

 test method.

 However,

 since the Agency’s request is within the

Board’s general rulemaking authority under Title VII of the Act,

the Board suggests that the Agency propose the appropriate

changes by filing a general rulemaking petition.

Closure and Written Closure Plan (Section 811.110)

The USEPA’s comments request the Board to clarify whether

the reference to “subsection

 (g)”

 in Section 811.110(f) (1)

 should

be actually “subsection (e).”

 •(PC. #13, comment 10.)

 The Board

notes that the USEPA’s interpretation is correct.

 Section

811.110(f) (1) refers to subsection

(g)

 instead of subsection

(e)

due to a typographical error.

 The Board has corrected this

typographical oversight.

Design Period (Section 8Ll.303)

The Agency’s comments request theBoard to add a requirement

similar to 40 CFR 258.61(b) (2), which would allow the Agency to

increase the length of the postclosure care period if the Agency

determines that such an extension is necessary to protect human

health and environment.

 (PC. #15 at 4.)

5

The Board notes that Section 811.303 specifies a minimum

postclosure care period of 30 years for MSWLF units.

 However,

the regulations allow the termination of the postclosure

activities such as monitoring of groundwater, leachate, gas,

etc., only if an owner or operator makes certain demonstrations

 that ensure the protection of human health and environment.

For example, to terminate groundwater monitoring after the

minimum period, an owner or operator is required to demonstrate

that there is no statistica.lly significant increase in the

concentration of any monitored constituent over a period of three

consecutive years.

 Thus,

 the Board believes that the adopted

rules are consistent with the federal regulations.

 In view of

this, the Board declines to make any additions concerning the

postclosure care period.

Final Cover SYstem

 (Section 811.314)

Both the USEPA and the Agency note that the requirements for

final cover systems at Section 811.314(b) are less stringent than

the federal standards at 40 CFR 258(b).

 (PC. #13, comment 8 and

PC.

 #15 at 4.)

 40 CFR 258.60(b) requires the final cover system

to have a permeability at least as low as the bottom liner

system, but in no case greater than

 1 x 10~cm/sec.

 The Board

regulations at Section 811.314(b)

 require the low ~ermeability

layer to achieve a permeability of at least

1 x

 10’

 cm/sec.

However, Section 811.314(b) does not require the low permeability

layer to have a permeability as low as the bottom liner.

The Board notes that the final cover requirements of Section

811.314(b)

 would be consistent with the federal requirements if

the bottom liner consists of a compacted earth liner,

 since the

 permeability of both the final cover and the bottom liner would

be the same,

 i.e.

 1 x 10~cm/sec.

 However, if the bottom liner

consists of a flexible membrane liner

 (FML) with a permeability

of less than

 1 x 10~cm/sec, then the cover requirements at

Section 811.314(b) may be construed to be less stringent than the

federal standards.

 This is because the Board regulations do not

require the final cover to achieve a permeability less than or

equal to the permeability of the liner.

 The Board has added an

additional requirement applicable to

MSWLF

units at Section

811.314(b) (4) to address this deficiency.

 Section 811.314(b) (4)

requires the permeability of the final cover to be less than or

equal to the permeability of the bottom liner, whenever the

bottom liner permeability, is less than

 1 x ~

 cm/sec.

Groundwater Monitoring Systems

 (Section 811.318)

The USEPA’s comments request the Board to clarify whether

the Board regulations under Part 811 contain groundwater

monitoring requirements that are equivalent to 40 CFR 258.53(d).

(PC.

 #13, comment 6.)

 In this regard, the Agency recommends the

6

addition of a requirement similar to 40 CFR 258.53(d) at Section

811.318 to assure consistency with the federal regulations.

 (PC.

#15 at 2.)

 40 CFR 258.53(d) requires the owner or operator to:

 measure groundwater elevation and determine the rate and

direction of groundwater flow,

 each time groundwater is sampled;

and measure the groundwater elevations in wells that monitor the

same waste management area within a period of time short enough

to avoid temporal variations in groundwater flow.

The Bnard regulations at Section 811.318(e) (6) (A) require

the measurement of the water table elevation in all monitoring

wells at the time of sample collection, but they do not require

the determination of the rate and direction of groundwater flow.

Regarding the sampling frequency,

 the Board notes that the

quarterly sampling required by Section 811.319 accouns for any.

temporal variations in the groundwater flow characteristics.

However,

 in order to be consistent with the federal regulations,

the Board has amended Section 811.318(e)

 to include a requirement

similar to 40 CFR 258.53(d).

 This additional requirement is

applicable only to NSWLF units.

Groundwater Monitoring Program

 (Section 811.319)

Waste Management,

 Inc.

 (WMI)

 requests the Board to reduce

the quarterly groundwater monitoring frequency required at

Section 811.319(a)

 to a semi—annual frequency.

 (PC.

 #12.)

WHI

states that the adoption of the semi-annual frequency would be

consistent with federal regulations.

 In this regard,

WMI

notes

that it would be a mistake for the Board to adopt regulations

 that claim to be “identical in substance” to the federal

regulations but fail to allow the Agency discretion in assigning

monitoring frequencies that would be consistent with the Subtitle

D regulations.

As it does with all of its determinations where identical in

substance ruleinakings have been mandated, the Board has followed

the provisions in Section 7.2 of the Act, which articulate what

constitutes “identical in substance”.

 Such mandated rulemakings,

as is the case here,

 usually flow from a State legislative

statement of intent and directive to do what is necessary to

secure federal approval of a program.

 The RCRA Subtitle D

legislative statement

 (as well as that for RCRA Subtitle C)

is

found in Section 20(a)

 of the Act.

We emphasize that the Board is not authorized in this type

of proceeding to review the substantive merits p~ se of the

federal regulations or, for that matter, of the existing Board

regulations.

 All of the Board’s earlier regulations adopted on

the merits pursuant to its “regular” procedures under Title VII

of the Act and Section 5 of the APA

 including those that are

more stringent

—

 remain,

 as long as there is not a problem of

inconsistency.

 In this regard, the Board notes that the

7

quarterly monitoring requirement specified at section 811.319(a),

 which was adopted pursuant to the Board’s “regular rulemaking

procedures” is consistent with the federal regulations, even

though it is more stringent.

 Thus any modification of such a

requirement is beyond the scope of an identical in substance

rulemaking.

 In view of this, the Board declines to make any

changes concerning the groundwater monitoring frequency.

The USEPA notes that it could not locate any requirement

equivalent to the assessment monitoring requirement at 40 CFR

258.55(e)

 in the Board’s Subtitle D amendments.

 (PC.

 #13,

comment 7.)

 40 CFR 258.55(e) sets forth the conditions under

which an owner or operator may return to detection monitoring.

The Board regulations do not prescribe the conditions under which

an owner or operator may revert back to detection monitoring.

The regulations allow the Agency to make such a determination by

means of a significant modification of the facility’s permit.

In

order to be consistent with the federal regulations, the Board

has added a condition similar to 40 CFR 258.55(e) at Section

811.319(b) (5) (G), which allows an owner or operator of a MSWLF

unit to terminate the additional monitoring requirements

applicable to MSWLF units.

 However, such MSWLF units would still

be subject to all the other assessment monitoring requirements

under Section 811.319(b)

 until the owner or operator obtains the

Agency’s approval of a significant modification of its permit to

return to detection monitoring.

Groundwater Quality Standards

 (Section 811.320)

The USEPA’s comments express concern regarding the

requirements relating to groundwater quality standards at

Sections 811.320(b) (2) and 814.402(b)(3).

 (PC.

 #13, comment 5.)

The Board notes that Section 811.320(b) (2)

 specifies,

 in part,

that the Board may prescribe an adjusted groundwater quality

standard no greater than those of 35 Ill. Adm. Code 302.301,

302.304, and 302.305.

 While Section 814.402(b) (3) prescribes the

water quality standards of 35

 Ill. Adm. Code 302.301,

 302.303,

302.304, and 302.305 as the applicable groundwater standards for

existing landfill units,

 which are required to initiate closure

by 1997

 (Part 814

Subpart D), the USEPA believes that the Part

302 standards5 have been replaced by the Board’s Class I

groundwater quality standards found at 35 Ill. Adm. Code 620.

Based on this assumption,

 the USEPA states that there may be a

potential for concentrations of five constituents to exceed 40

CFR 258.40 Table

 1 standards6.

 In view of this, the USEPA’s

comments request Board clarification.

5The Board’s public and food processing water supply standards.

6The constituents include barium, hexavalent chromium, endrin,

selenium, and 2,4,5—TP.

8

At the outset, the Board notes that the groundwater quality

 standards of Part 620 do not supersede or replace the groundwater

quality standards applicable to landfills under Parts

 83.3. or 814.

In this regard, the Board notes the groundwater regulations at 35

Ill. Adm. Code 620.301 recognize the Board’s authority to

promulgate nondegradation standards applicable to particular type

of facilities,

 including but not limited to landfills.

 Thus,

under the Board’s regulations any new

MSWLF

units, or existing

MSWLF units that remain open beyond 1997 are subject to the

nondegradation standards of Section 811.320(a),

 and not the

groundwater quality standards of Part 620.

Also,

 the Board notes that the Part 620 standards do not

replace the public and food processing water supply standards

(Part 302)

 cited in Sections 811.320(b~2) and 814.402(b) (3).

For such a change to occur, the Board regulations must be amended

in a general rulemaking pursuant to Section 27 of the Act.

 Thus,

the USEPA’s interpretation of the Board regulations concerning

the applicable groundwater standards is not correct.

 However,

the Board notes that the USEPA’s concerns relating to exceedences

of 40 CFR 258.40 Table

 1 standards are still valid.

The standards specified at 35 Ill. Adm. Code 302.304 are the

same as those specified in 40 CFR 258.40 Table

 1 for the five

constituents identified by the USEPA.

 However, the Board notes

that Section 302.304 does not specify standards for all the

 constituents listed in 40 CFR 258.40.

 Therefore,

 Section

811.320(b) (2) appears to be inconsistent with the federal

regulations.

 In order to address this inconsistency, the Board

has added a new requirement at Section 81l.320(b)(3).

 This

additional requirement specifies that the Board may not set

adjusted groundwater quality standards greater than the levels

specified in 40 CFR 258.40 Table

 1 for

)ISWLF

units.

 The Board

notes that there is no need to add a similar requirement under

Section 814.402(b) (3), since 40 CFR 258.40 does not apply to

existing )ISWLF units.

Financial Assurance Requirements

 (Section 811.Subpart G)

A~plicabi1ity(Section 811.700)

The USEPA’s comments request the Board to clarify whether

the reference to “Section 21.1”

 in Section 811.700(f)

 should be

actually “Section 21”

 (PC.

 #13, comment p’.)

 The Board notes

that the USEPA’s interpretation is correct.

 The Board has

corrected this typographical error.

Written Cost estimate

 (Section 811.704)

The Agency’s comments note the NSWLF units must be excluded

from the requirement at Section 811.704(g) (2), which allows the

reduction of postclosure care costs to present value.

 (PC. #15

9

at 2.)

 The Board notes that the Agency’s concerns are addressed

 in the final opinion and order, adopted on September 15,

 1993.

(See opinion at

 17 and order at 63.)

 The adopted rules at

Section 811.704(g)

 exclude MSWLF units from the requirements

relating to postclosure cost reduction.

Revision of Cost Estimate

 (Section 811.705)

The Agency requests the Board to specify a method of

adjusting financial assurance to reflect the annual adjustment

for inflation under Section 811.705(d).

 (PC. #15 at 3.)

The

Board notes that the language at Section 811.705(d) was drawn

from the federal regulations at 40 CFR 258.71(a)(2).

Any

addition to Section 811.705(d),

 such as the one recommended by

the Agency would add to requirements not included in the federal

rules.

 Therefore, the Board concludes that the Agency suggestion

is beyond the scope of an identical in substance rulemaking.

The

Board also notes that this issue was discussed in the final

opinion adopted on September 15, 1993,

 in this Docket.

 (See

final opinion at

 17.)

Mechanisms for Financial Assurance (Section 811.706)

In response to USEPA’s comments, the Board has added a

requirement that mirrors 40 CFR 258.74(1) (4)

 at Section

81l.706(b)(3).

 (PC. #13, comment 10.)

 This addition requires an

owner or operator of a MSWLF unit to ensure that the language of

the financial assurance mechanisms used to provide financial

assurance to be legally valid,

 binding, and enforceable under

state and federal

 law.

PC.

 #11 asserts that the Board should have followed an

Agency comment in our September 15,

 1993 order.

 The comment

suggests that the Board change Section 811.706(b)

 and (b)(l) to

read as follows

 (revision underlined):

(b)

 The owner or operator shall ensure that the

language of the mechanisms listed in subsection

(a), when used for providing financial assurance

for closure,

 postclosure care, or corrective

action, satisfies the following:

(1)

 The amount of funds assured is sufficient to

cover the ,costs of closure, post—closure

care,

 or corrective action

.

.

In support of this position, the commenter states that although

Section 811.707 allows the use of multiple mechanisms to provide

financial assurance, the “definition” of “cost estimate” in

Section 811.704(a) would appear to make the provider of each bond

used liable for the entire cost of closure, post—closure care,

and corrective action,

 if necessary.

 The cominenter called this

10

“an issue of

 ‘multiplier effects’ that could ensue in the

financial industry” and “a financial

 ‘Sword of Damocles”.

In response, the Board notes that Section 811.704(a) does

not “define” the term “cost estimate”; rather,

 it imposes a duty

on the landfill owner or operator to prepare a written estimate

of the costs of facility closure and postclosure care.

Similarly,

 and not mentioned by the commenter, Section

811.704(k) (1)

 imposes a simjlar duty on the ‘owner or operator

with regard to the costs of corrective action.

 Similarly,

Section 811.706(b)

 imposes a duty on the owner or operator to

ensure that the “language of the mechanism~” (emphasis added)

chosen is sufficient to cover the costs of closure, post—closure

care, and corrective action.

 Thus,

 as among Sections 811.704(a),

811.704(k) (1), 811.706(b),

 ~nd 811.707, there is a duty on the

owner or operator to supply an aggregate of financial assurance

mechanisms in an amount at least equal to the total of the costs

of closure, post—closure care,

 and corrective action.

 The Board

does not see in these provisions any duty imposed on a financial

institution to provide financial assurance beyond the face of the

particular instrument itself.

If the concern is that one could interpret the regulations

as to not allow the use of multiple instruments, two other

provisions are more troubling.

 Sections 811.711(f) (1) and

811.712(f) (1) require that the penal sum of a surety bond must at

least equal the “current cost estimate”.

 The Board has not read

this as precluding the use of an aggregate of multiple

instruments, this is especially true in light of the fact that

 the requirements for other mechanisms includes similar “current

cost estimate” language.

 Sections 811.710(d) (1) (C)

&

(d) (2) (B) (trust funds),

 811.713(f) (1) (letters of credit),

811.714(d) (1) (insurance)

&

 811.73.5(b) (1)

&

 (e)(l)(B)(ii).)

The

strained reading of the regulations requested by the commenter

would require that Section 811.707, allowing the use of multiple

mechanisms and instruments, be read as a nullity.

 The more

reasonable interpretation,

 and the one intended by the Board,

is

that the words “current cost estimate”,

 as they appear for each

individual type financial assurance mechanism, actually be read

as “that portion of the current cost estimate assured by the

individual instrument”, where multiple mechanisms and/or

instruments are chosen.

The “bottom line” re,quirement is that the aggregated

financial assurance provided

~.:

 least

equal

the total amount of

the cost estimates for closure, post—closure care,

 and corrective

action.

 Section 811.707 contemplates

 a situation in which an

owner or operator might find it better to provide that assurance

by multiple mechanisms and/or instruments.

 That the language of

Sections 811.710(d) (1) (C)

&

 (d) (2) (B), 811.711(f) (1),

811.712(f) (1), 811.713(f) (1), 811.714(d) (1)

 & 811.715(b) (1)

&

(e) (1) (B) (ii) anticipated the use of a single mechanism and

11

instrument cannot be read as nullifying the express provision of

Section 811.707.

 For these reasons, the Board will stick with

our interpretation of our regulations, and we will not change

these fundamental provisions derived through Section 27

rulemaking proceedings in the context of an identical—in-

substance proceeding,

 absent some proof that the regulations

cause the Illinois program to become less stringent than or

inconsistent with the federal program that they address.

Financial Assurance Forms

 (Section 811.A~pendixA)

The Agency’s comments note that the Section 811.Appendix A

does not provide a form or necessary language, for the self—

insurance financial assurance mechanism.

 (PC. #15 at 3.)

The

Board notes that the forms for self-insurance are specified in

Section 811.Appendix A: Illustrations G,

 H, and I.

 However, the

Board believes that self—insurance is not an identical in

substance issue,

 since the federal regulations do not provide for

self—insurance.

 (See final opinion at 19.)

Part 814

The USEPA’s comments request the Board to clarify whether

all of the requirements of Part 811 apply to existing units and

lateral expansions unless it is specifically stated otherwise in

Sections 814.302 and 814.402.

 (PC.

 #13, comment 2.)

 The Board

notes that the USEPA’s interpretation reflects the intent of the

Board’s landfill regulations.

Applicability (Section 814.101)

The Agency’s comments note that some existing

MSWLF

units

currently permitted pursuant to 35

 Ill. Adm. Code 813 may not be

able to comply with all the requirements placed on new MSWLF

units, as required by Section 814.10(b)(2).

 (PC. #15 at 3.)

The

Agency recommends that these existing units be required to comply

with the requirements applicable to existing MSWLF units.

In

order to address the Agency’s concern, the Board has amended

Section 814.101(b)(2).

 This amendment requires existing MSWLF

units regulated pursuant to Part 813 to comply with the standards

specified for existing

NSWLF

units under Section 814.Subpart C

instead of the requirements applicable to new MSWLF units.

The

Board has made siinilarchanges

 at Section 814.109(d), which sets

forth the permit modification requirements for existing

NSWLF

units.

The Board has added a requirement similar to 40 CFR 258.3 at

Section 814.101(d) (2)

 in order to be consistent with the federal

regulations.

 (See discussion under Section 811.101.)

Interim Permit Reguireinents

 (Section 814.108)

12

The Agency notes that the Board regulations contain no

 administrative procedures concerning the application for,

 and the

issuance of, interim permits.

 (PC. #15 at 2.)

 The Agency states

that the administration of the interim permit provisions would be

greatly improved if the permitting scheme is clearly defined.

The Board agrees that a well defined permitting scheme would be a

great help in administering the interim permit provisions.

However, the Board notes Section 22.42 of the Act requires the

Agency to implement the interim permit requirements under the

Agency’s statutory authority.

 Further,

 as noted in the Agency’s

previous comments, all interim permits should be issued by the

time the Board’s proposal is reviewed by the USEPA.

 (PC. #9 at

44.).

 In view of this, the Board declines to specify any

additional procedures for the issuance of interim permits.

Standards for Existing Landfills (Sections 814.302 and 814.402)

The USEPA’s comments request the Board to clarify whether

existing MSWLF units would be subject to the mass stability

standards under Section 811.306(b),

 which are required by 40 CFR

258.15.

 (PC. #13, comment 3.)

 The Board notes that Section

811.306(b)

 prescribes stability standards for the liner and

leachate collection system.

 The Board regulations inadvertently

exempted existing MSWLF units from meeting the requirements of

Section 811.306(b).

 In order to be consistent with the federal

regulations, the Board has added the mass stability requirements

 of Section 811.306(b)

 to Sections 814.302(d)

 and 814.402(d).

Also,

 in order to address the USEPA’s concerns relating to

unstable area demonstrations, the Board has amended Sections

814.302(f)

 and 814.402(f).

 (PC.

 #13, comment 4.)

 These

amendments, which are consistent with the federal regulations at

40 CFR 258.15(a)

 require existing MSWLF units that are unable to

meet the applicable mass stability standards to close by October

9,

 1996.

Reguireinents for Existing Units and Lateral Expansions Regulated

Pursuant to 35 Ill. Adm. Code 807

 (Section 814.Appendix A)

The USEPA notes that it could not locate the Illinois

regulatory equivalent of 40 CFR 258.72(a) (1) for Part 807

facilities.

 (PC.

 13, comment 9.)

 40 CFR 258.72(a) (1) requires

the cost estimate of postclosure care to be based on the most

expensive costs ‘~fpostcl~osurecare during the postclosure care

period.

 The Boat.~notes that the requirements for Part 807

facilities, which are prescribed at Section 814.Appendix A do not

include 40 CFR 258.72(a)(l).

 The Board did not include 40 CFR

258.72(a) (1) because we considered the postclosure cost estimate

requirements at 35 Ill.

 Adin.

 Code 807.622 to be consistent with

the federal requirements.

 However,

 in order to avoid any

confusion, the Board has included 40 CFR 258.72(a) (1) under

Section 814.Appendix A.

13

ORDER

The Board directs the Clerk to cause the publication as an

adopted rule the following rule:

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER 1:

 SOLID.WASTE

AND

SPECIAL WASTE HAULING

PART 810

SOLID WASTE DISPOSAL:’ GENERAL PROVISIONS

Section

810.101

 Scope and Applicability

810.102

 Severability

810.103

 Definitions

810.104

 Incorporations by Reference

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22 and 22.17, and

authorized by Section 27

 of the Environmental Protection Act

(Ill.

 Rev.

 Stat.

 1989,

ch.

 111 1/2, pars.

 1005, 1021,

 1021.1,

1022,

 1022.17 and 1027).

SOURCE:

 Adopted in R88—7

 at 14

 Ill. Reg.

 effective

NOTE:

 Capitalization indicates statutory language.

Section 810.103

 Definitions

Except as stated in this Section, or unless a different meaning

of a word or term is clear from the context, the definition of

words or terms in this Part shall be the same as that applied to

the same words or terms in the Environmental Protection Act

 (Act)

(Ill.

 Rev. Stat.

 1989,

ch.

 111 1/2, pars.

 1001 et. seq.):

“Act” means the Environmental Protection Act,

 Ill. Rev.

Stat.

 1989,

ch.

 111 1/2,

 pars.

 100.

et.

 seq.

“AGENCY” IS THE ENVIRONMENTAL PROTECTION AGENCY

ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.

(Section 3.08 of the Act.)

“Admixtures” are chemicals added to earth materials to

improve for a specific application the physical or

chemical properties of the earth materials.

 Admixtures

include, but are not limited to:

 lime, cement,

bentonite and sodium silicate.

14

“Applicant” means the person, submitting an application

to the Agency for a permit for a solid waste disposal

facility.

“AQUIFER” MEANS SATURATED (WITH GROUNDWATER) SOILS

AND

GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY

PERMEABLE

TO

READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER

TO WELLS,

 SPRINGS, OR STREAMS

UNDER

ORDINARY HYDRAULIC

GRADIENTS and whose boundaries can be identified and

mapped from hydrogeologic data.

 (Section

 3 of the

Illinois Groundwater Protection Act (Ill. Rev. Stat.

1989,

ch.

 111 1/2, par. 7453).)

“Bedrock” means the solid rock formation immediately

 underlying any loose superficial material such as soil,

alluvium or glacial drift.

“BOARD” IS THE POLLUTION CONTROL BOARD ESTABLISHED BY

THE ACT.

 (Section 3.04 of the Act.)

“Borrow area” means an area from which earthen material

is excavated for the purpose of constructing daily

cover, final cover, a liner,

 a gas venting system,

roadways or berms.

“Chemical waste” means a non—putrescible solid whose

characteristics are such that any contaminated leachate

is expected to be formed through chemical or physical

processes,

 rather than biological processes, and no gas

is expected to be formed as a result.

“Contaminated leachate” means any leachate whose

constituent violate the standards of 35 Ill.

 Adin. Code

811.202.

“Design Period” means that length of time determined by

the sum of the operating life of the solid waste

landfill facility plus the postclosure care period

necessary to stabilize the waste in the units.

“DISPOSAL” MEANS THE DISCHARGE,

 DEPOSIT, INJECTION,

DUMPING,

 SPILLING, LEAKING OR PLACING OF

ANY

SOLID

WASTE INTO OR ON ANY

LAND

OR WATER OR INTO

ANY

WELL

SUCH THAT SOLID WASTE OR

ANY

CONSTITUENT OF THE SOLID

WASTE

MAY

ENTER THE ENVIRONMENT BY BEING EMITTED INTO

THE AIR OR DISCHARGED INTO

ANY

WATERS, INCLUDING

 GROUNDWATER.

 (Section 3.08 of the Act.)

 If the solid

waste is accumulated and not confined or contained to

prevent its entry into the environment, or there is no

certain plan for its disposal elsewhere,

 such

accumulation shall constitute disposal.

15

“Disturbed areas” means those areas within a facility

that have been physically altered during waste disposal

operations or during the construction of any part of

the facility.

“Documentation” means items,

 in any tangible form,

whether directly legible or legible with the aid of any

machine or device,

 including but not limited to

affidavits, certificates, deeds,

 leases, contracts or

other binding agreements,

 licenses, permits,

photographs, audio or video recordings,

 maps,

geographic surveys, chemical and mathematical formulas

or equations, mathematical and statistical calculations

and assumptions, research papers, technical reports,

technical designs and design drawings, stocks, bonds

and financial records, that are used to support facts

or hypotheses.

“Earth liners” means structures constructed from

naturally occurring soil material that has been

compacted to achieve a low permeability.

“Existing facility” or “Existing unit” means a facility

or unit which is not defined in this Section as a new

facility or a new unit.

“EXISTING MSWLF UNIT”

MEANS ANY

MUNICIPAL SOLID WASTE

LANDFILL

UNIT THAT HAS

RECEIVED HOUSEHOLD WASTE BEFORE

OCTOBER

9.

 1993.

 (Section 3.87 of the Act)

“Facility” means a site and all equipment and fixtures

on a site used to treat,

 store or dispose of solid or

special wastes.

 A facility consists of an entire solid

or special waste treatment, storage or disposal

operation.

 All structures used in connection with or

to facilitate the waste disposal operation shall be

considered a part of the facility.

 A facility may

include, but is not limited to, one or more solid waste

disposal units,

 buildings, treatment systems,

processing and storage operations,

 and monitoring sta-

tions.

“Field capacity” means that maximum moisture content of

a waste, under field conditions of temperature and

pressure,

 above which moisture is released by gravity

drainage.

“Gas collection system” means a system of wells,

ltrenches, pipes and other related ancillary structures

such as manholes, compressor housing, and monitoring

installations that collects and transports the gas

produced in a putrescible waste disposal unit to one or

16

more gas processing points.

 The flow of gas through

such a system may be produced by naturally occurring

gas pressure gradients or may be aided by an induced

 draft generated by mechanical means.

“Gas condensate” means the liquid formed as a landfill

gas is cooled or compressed.

“Gas venting system” means a system of wells,

 trenches,

pipes and other r’elated structures that vents the gas

produced in a putrescible waste disposal unit to the

atmosphere.

“Geomembranes” means manufactured membrane liners and

barriers of low permeability used to control the migra-

tion of fluids or gases.

“Geotextiles” are permeable manufactured materials used

for purposes which include, but are not limited to,

strengthening soil, providing a filter to prevent

clogging of drains, collecting and draining liquids and

gases beneath the ground surface.

“GROUNDWATER”

MEANS

UNDERGROUND

WATER

WHICH

OCCURS

WITHIN

THE

SATURATED

ZONE

AND

WITHIN

GEOLOGIC

MATERIALS

WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO

OR GREATER

THAN

ATMOSPHERIC PRESSURE.

 (Section 3 of

the Illinois Groundwater Protection Act)

“HOUSEHOLD WASTE” MEANS

ANY

SOLID WASTE

 (INCLUDING

GARBAGE.

 TRASH. AND SANITARY WASTE IN SEPTIC TANKS)

DERIVED FROM HOUSEHOLDS (INCLUDING SINGLE AND MULTIPLE

RESIDENCES. HOTELS

AND

MOTELS, BUNKHOUSES, RANGER

STATIONS. CREW qUARTERS. CAMPGROUNDS. PICNIC GROUNDS.

 AND DAY-USE RECREATION AREAS).

 (Section 3.89 of the

Act)

“Hydraulic barriers” means structures designed to

prevent or control the seepage of water.

 Hydraulic

barriers include, but are not limited to cutoff walls,

slurry walls,

 grout curtains and liners.

“Inert waste” means any solid waste that will not

decompose biologically, burn,

 serve as food for

vectors, form

 a gas, cause an odor,

 or form a

contaminated leachate,

 as determined in accordance with

Section 811.202(b).

 Such inert wastes shall include

only non-biodegradable and non—putrescible solid

wastes.

 Inert wastes may include, but are not limited

to,

 bricks, masonry and concrete (cured for 60 days or

more).

“Land application unit” means an area where wastes are

agronomically spread over or disked into land or

otherwise applied so as to become incorporated into the

soil surface.

 For the purposes of this Part and 35

Ill. Adm. Code 811 through 815,

 a land application unit

is not a landfill; however, other Parts of 35 Ill.

 Adni.

Code:

 Chapter I may apply, and may include the

permitting requirements of 35 Ill.

 Adin.

 Code 309.

“Landfill” means a unit or part of a facility in or on

which waste is placed and accumulated over time for

disposal, and which is not a land application unit,

a

surface impoundment or an underground injection well.

For the purposes of this Part and 35 Ill.

 Adin. Code 811

through 815,

 landfills include waste piles, as defined

in this Section.

“LATERAL EXPANSION” MEANS A

HORIZONTAL EXPANSION OF ThE

ACTUAL WASTE BOUNDARIES OF AN EXISTING

!4SWLF

UNIT

OCCURRING ON OR AFTER OCTOBER 9.

 1993.

 FOR PURPOSES OF

THIS SECTION. A HORIZONTAL EXPANSION IS

ANY AREA WHERE

SOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON

THE BOTTOM LINER OF THE UNIT. EXCLUDING SIDE SLOPES ON

OR AFTER OCTOBER 9.

 1993.

 (Section 3.88 Of the Act)

“Leachate” means liquid that has been or is in direct

contact with a solid waste.

“Lift” means an accumulation of waste which is

compacted into a unit and over which cover is placed.

“Malodor” means an odor caused by ONE OR MORE

CONTAMINANT EMISSIONS INTO THE ATMOSPHERE FROM A

FACILITY THAT IS IN SUFFICIENT QUANTITIES

AND

OF SUCH

CHARACTERISTICS AND DURATION AS TO BE described as

malodorous and which may be INJURIOUS TO HUMAN, PLANT,

OR ANIMAL LIFE, TO HEALTH, OR TO PROPERTY, OR TO

UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR

PROPERTY.

 (Section 3.02 of the Act (defining “air

pollution”).)

“MUNICIPAL SOLID WASTE LANDFILL UNIT” OR “MSWLF UNIT”

MEANS A CONTIGUOUS AREA OF

LAND

OR AN EXCAVATION THAT

 RECEIVES HOUSEHOLD WASTE,

AND

THAT IS NOT A

LAND

APPLICATION, SURFACE IMPOUNDMENT. INJECTION WELL, OR

ANY

PILE OF NONCONTAINERIZED ACCUMULATIONS OF SOLID.

NONFLOWING WASTE

THAT

IS USED FOR TREATMENT OR STORAGE.

A MSWLF

UNIT MAY

ALSO RECEIVE OTHER TYPES OF RCRA

SUBTITLE D WASTES, SUCH AS COMMERCIAL SOLID WASTE,

NONHAZARDOUS

SLUDGE.

 SMALL QUANTITY GENERATOR

WASTE

AND

INDUSTRIAL SOLID WASTE.

 SUCH A LANDFILL

MAY

BE

PUBLICLY

PRIVATELY

 OWNED

OPERATED.

 MSWLF UNIT

18

MAY

 NEW MSWLF

UNIT,

EXISTING

MSWLF

UNIT

LATERAL

EXPANSION.

SANITARY

LANDFILL

SUBJECT

REGULATION

MSWLF

 IT RECEIVES HOUSEHOLD WASTE.

(Section

3.85

 of the Act)

“National

Pollutant

Discharge

Elimination

System”

“NPDES” means the program for issuing, modifying,

 revoking and reissuing,

 terminating, monitoring and

enforcing permits. and imposing and enforcing

pretreatment requirements under the Clean Water Act

(33

U.S.C. 1251 et seq.),

 Section 12(f) of the

Environmental Protection Act and 35 Ill. Adm. Code

309.Subpart A and 310.

 “NPDES permit” means a permit

issued under the NPDES program.

“New facility” or “New unit” means a solid waste

landfill facility or a unit at a facility,

if-

one or

more of the following conditions apply:

It is a landfill or unit exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has not yet accepted any waste as of the

effective date of this Part;

It is a landfill or unit not exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has no development or operating permit issued

by the Agency pursuant to 35 Ill. Adm. Code 807 as

of the effective date of this Part;

or

It is a landfill with a unit whose maximum design

capacity or lateral extent is increased after the

effective date of this Part.

BOARD NOTE:

 A new unit located in an existing facility

shall be considered a unit subject to 35 Ill.

 Adju. Code

814, which references applicable requirements of 35

Ill.

 Adm. Code 811.

“NEW MSWLF UNIT” MEANS ANY

MUNICIPAL SOLID WASTE

LANDFILL UNIT THAT

HAS

RECEIVED HOUSEHOLD WASTE ON OR

 AFTER OCTOBER 9,

 1993 FOR THE FIRST TIME.

 (Section

3.86 of the Act)

“One hundred (100) year flood plain” means any land

area which is subject to a one percent or greater

chance of flooding in a given year from any source.

“One hundred

 (100)

 year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 100 years.

19

“Operator” means the person responsible for the

operation and maintenance of a solid waste disposal

facility.

“Owner” means a person who has an interest, directly or

indirectly,

 in land,

 including a leasehold interest. on

which a person operates and maintains a solid waste

disposal facility.

 The “owner”

 is the “operator”

if

there

 is no other. Person who is operating and

maintaining a solid waste disposal facility.

“Perched watertable

“

 means an elevated watertable

above a discontinuous saturated lens, resting on a low

permeability (such as clay)

 layer within a high

permeability (such as sand)

 formation.

“Permit area” means the entire horizontal and vertical

region occupied by a permitted solid waste disposal

facility.

“PERSON”

ANY

INDIVIDUAL,

 PARTNERSHIP, CO-

 PARTNERSHIP, FIRM, COMPANY, CORPORATION, ASSOCIATION,

JOINT STOCK COMPANY,

 TRUST, ESTATE, POLITICAL

SUBDIVISION, STATE AGENCY, OR

ANY

OTHER LEGAL ENTITY,

OR THEIR LEGAL REPRESENTATIVE,

 AGENT OR ASSIGNS.

(Section 3.26 of the Act.)

“Professional engineer” means a person who has

registered and obtained a seal pursuant to “The

Illinois Professional Engineering Act”

 (Ill.

 Rev. Stat

1989,

ch.

 111, par. 5101 et seq.).

“Professional land surveyor” means a person who has

received a certificate of registration and a seal

pursuant to “The Land Surveyors Act”

 (Ill. Rev.

 Stat.

1989,

ch.

 111, par.

 3201 et seq.).

“Putrescible waste” means a solid waste that contains

organic matter capable of being decomposed by

microorganisms so as to cause a malodor, gases,

or

other offensive conditions, or which is capable of

providing food for birds and vectors.

 Putrescible

wastes may form a contaminated leachate from

microbiological, degradation, chemical processes,

and

physical processes.

 Putrescible waste includes, but is

not limited to, garbage,

 offal, dead animals, general

household waste,

 and commercial waste.

 All solid

wastes which do not meet the definitions of inert or

chemical wastes shall be considered putrescible wastes.

“Publicly owned treatment works” or “POTW” means a

 treatment works that is owned by the State of Illinois

20

or a unit of local government.

 This definition

includes any devices and systems used in the storage,

treatment,

 recycling and reclamation of municipal

sewage or industrial wastewater.

 It also includes

sewers, pipes and other conveyances only if they convey

wastewater to a POTW treatment plant.

 The term also

means the unit of local government which has

jurisdiction over the indirect discharges to and the

discharges from such a treatment works.

“RESOURCE CONSERVATION RECOVERY ACT” “RCRA”

MEANS THE

RESOURCE CONSERVATION

AND

RECOVERY ACT OF 1976

 (P.L.

94—580 Codified as 42 USC.

 çç 6901 et seq.) AS AMENDED.

ISection 3.90 of the Act)

“Recharge zone” means an area through which water can

enter an aquifer.

“Responsible charge,” when used to refer to a person,

means that the person is normally present at a waste

disposal site; directs the day-to-day overall operation

at the site;

 and either is the owner or operator or is

employed by or under contract with the owner or

operator to assure that the day—to—day operations at

the site are carried out in compliance with any Part of

35 Ill.

 Adm. Code:

 Chapter

 I governing operations at

waste disposal sites.

“Runoff” means water resulting from precipitation that

 flows overland before it enters a defined stream chan-

nel, any portion of such overland flow that infiltrates

into the ground before it reaches the stream channel,

and any precipitation that falls directly into a stream

channel.

“Salvaging” means the return of waste materials to use,

under the supervision of the landfill operator,

 so long

as the activity is confined to an area remote from the

operating face of the landfill, it does not interfere

with or otherwise delay the operations of the landfill,

and it results in the removal of all materials for

salvaging from the landfill site daily or separates

them by type and stores them in a manner that does not

create a nuisance, harbor vectors or cause an unsightly

appearance.

“Scavenging” means the removal of materials from a

solid waste management facility or unit which is not

salvaging.

“Seismic Slope Safety Factor” means the ratio between

the resisting forces or moments in a slope and the

21

driving forces or moments that may cause a massive

slope failure during an earthquake or other seismic

event such as an explosion.

“Settlement” means subsidence caused by waste loading,

changes in groundwater level, chemical changes within

the soil and adjacent operations involving excavation.

“Shredding” means. the mechanical reduction in particle

sizes of solid waste.

 Putrescible waste is considered

 shredded if 90 percent of the waste by dry weight

passes a

 3 inch sieve.

“Significant Modification” means a modification to an

approved permit issued by the Agency in accordance with

Section 39 of the Act and 35

 Ill.

 Adin. Code 813 that is

required when one or more of the following changes,

considered significant when that change measured by one

or more parameters whose values lie outside the

expected operating range of values as specified in the

permit,

 are planned, occur or will occur:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

Any change in the placement of daily,

 intermediate

or final cover;

A decrease in performance,

 efficiency or longevity

of the liner system;

A decrease in efficiency or performance of the

leachate collection system;

A change in configuration, performance, or

efficiency of the leachate management system;

A change in the final disposition of treated

effluent or in the quality of the discharge from

the leachate treatment or pretreatment system;

Installation of a gas management system, or a

decrease in the efficiency or performance of an

existing

gas.

~anagement system;

A change in the performance or operation of the

surface water control system;

A decrease in the quality or quantity of data from

any environmental monitoring system;

22

A change in the applicable background concentra-

tions or the maximum allowable predicted

concentrations;

A change in the design or configuration of the

regraded area after development or after final

closure;

A change in the amount or type of postclosure

financial assurance;

Any change in the permit boundary;

A change in the postclosure land use of the

property;

A remedial action necessary to protect

groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place

into service a structure constructed pursuant to a

construction quality assurance program; or

A change in any requirement set forth as a special

condition in the permit.

“Sole source aquifer” means those aquifers designated

pursuant to Section 1424(e) of the Safe Drinking Water

Act of 1974,

 (42 U.S.C 300h—3).

“Solid Waste” means a waste that is defined in this

Section as an inert waste, as a putrescible waste, as a

chemical waste or as a special waste, and which is not

also defined as a hazardous waste pursuant to 35 Ill.

Adm. Code 721.

“SPECIAL WASTE”

MEANS ANY

INDUSTRIAL PROCESS WASTE,

POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS

DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35

Ill.

 .Adm.

 Code 808.

 (Section 3.45 of the Act.).

“Static Safety Factor” means the ratio betwe~m

 resisting forces or moments in a slope and t~ driving

forces or moments that may cause a massive slope

failure.

“Surface impoundment” means a natural topographic

depression, a man—made excavation,

 or a diked area into

which flowing wastes, such as liquid wastes or wastes

containing free liquids, are placed.

 For the purposes

23

of this Part and 35 Ill. Adm. Code 811 through 815, a

surface impoundment is not a landfill.

 Other Parts of

35 Ill. Adm. Code:

 Chapter

 I may apply, including the

permitting requirements of 35 Ill. Adm. Code 309.

“Twenty-five

 (25)

 year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formation

above or below the bottom elevation of a constructed

liner or wastes, where no liner is present, which is an

aquifer, and includes any lower aquifer that is

hydraulically connected with this aquifer within the

facility’s permit area.

“Unit” means a contiguous area used for solid waste

disposal.

“Unit of local government” means a unit of local

government,

 as defined by Article

 7, Section

 1 of the

Illinois Constitution.

 A unit of local government may

include, but is not limited to,

 a municipality, a

 county, or a sanitary district.

“Waste pile” means an area on which non—containerized

masses of solid, non flowing wastes are placed for

disposal.

 For the purposes of this Part and 35 Ill.

Adm. Code 811 through 815, a waste pile is a landfill,

unless the operator can demonstrate that the wastes are

not accumulated over time for disposal.

 At a minimum,

such demonstration shall include photographs, records

or other observable or discernable information,

maintained on a yearly basis, that show that within the

preceding year the waste has been removed for

utilization or disposed elsewhere.

“Waste stabilization” means any chemical, physical or

thermal treatment of waste,

 either alone or in

combination with biological processes, which results in

a reduction of microorganisms,

 including viruses, and

the potential for putrefaction.

“Working face” means any part of a landfill where waste

is being disposed.

“Zone of attenuation” is the three dimensional region

formed by excluding the volume occupied by the waste

placement from the smaller of the volumes resulting

from vertical planes drawn to the bottom of the

uppermost aquifer at the property boundary or 100 feet

from the edge of one or more adjacent units.

24

Section 810.104

 Incorporations by Reference

a)

 The Board incorporates the following material by

 reference:

40 CFR 141.40

 (1988).

Auditing Standards--Current Text, August

1,

1990

Edition, available through the American Institute

of Certified Public Accountants,

 1211 Avenue of

the Americas, New York,

 NY 10036.

Test Methods

 for Evaluating Solid Waste,

Physical/Chemical methods, EPA Publication SW-846

(Third Edition,

 1986 as &mended by Update

I

(November,

 1990).

 SW—846 and Update

 I are

available from the Superintendent of Documents,

U.S. Government Printing Office, Washington, D.C.

20402,

Ph:

 (202)

 783—3238.

40 CFR 258.Appendix II

 (1992).

b)

 This incorporation includes no later amendments or

editions.

25

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 811

STANDARDS

FOR

NEW

SOLID

WASTE

LANDFILLS

SUBPART

GENERAL

STANDARDS

FOR

ALL

LANDFILLS

Section

81.. 101

811.102

811.103

811.104

 811. 105

811. 106

811.107

811.108

811. 109

811.110

811.111

Section

811.

201

811.202

811.203

811.204

811.205

811.206

811.207

Scope and Applicability

Location Standards

Surface Water Drainage

Survey Controls

Compaction

Daily Cover

Operating Standards

Salvaging

Boundary Control

Closure and Written Closure Plan

Postclosure Maintenance

SUBPART B:

 INERT WASTE LANDFILLS

Scope and Applicability

Determination of Contaminated Leachate

Design Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load Checking

SUBPART

PUTRESCIBLE

AND

CHEMICAL

WASTE

LANDFILLS

Section

811.301

811.302

811.303

811.304

811. 305

811.306

811.307

811.308

811. 309

811. 310

811.311

811.

312

811.313

811.

314

811.

315

811.

316

811.

317

Scope and Applicability

Facility Location

Design Period

Foundation and Mass Stability Analysis

Foundation Construction

Liner Systems

Leachate Drainage System

Leachate Collection System

Leachate Treatment and Disposal System

Landfill Gas Monitoring

Landfill Gas Management System

Landfill Gas Processing and Disposal System

Intermediate Cover

Final Cover System

Hydrogeological Site Investigations

Plugging and Sealing of Drill Holes

Groundwater Impact Assessment

26

811.318

 Design, Construction, and Operation of Groundwater

Monitoring Systems

811.319

 Groundwater Monitoring Programs

811.320

 Groundwater Quality Standards

811.321

 Waste Placement

811.322

 Final Slope and Stabilization

811.323

 Load Checking Program

811.324

 Corrective Action Measures for MSWLF Units

811.325

 Selection of remedy for

NSWLF

Units

811.326

Implementation of the corrective action program at

MSWLF

Units

SUBPART D:

 MANAGEMENT OF SPECIAL WASTES AT LANDFILLS

Section

811.401

811.402

811.403

811.404

811.405

811.406

Section

811.501

811.502

811.503

811.504

811.505

811.506

811. 507

811.508

811.509

Section

811.700

811.701

 811.702

811.703

811.704

811.705

811.706

811.707

811.708

811.709

811.710

811.711

811. 712

811.713

811.714

811. 715

Scope and Applicability

Notice to Generators and Transporters

Special Waste Manifests

Identification Record

Recordkeeping Requirements

Procedures for Excluding Regulated Hazardous Wastes

SUBPART

E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Scope and Applicability

Duties and Qualifications of Key Personnel

Inspection Activities

Sampling Requirements

Documentation

Foundations and Subbases

Compacted Earth Liners

Geomembranes

Leachate Collection Systems

SUBPART G:

 FINANCIAL ASSURANCE

Scope, Applicability and Definitions

Upgrading Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeals

Closure and Postclosure Care Cost Estimates

Revision of Cost Estimate

Mechanisms for Financial Assurance

Use of Multiple Financial Mechanisms

Use of a Financial Mechanism for Multiple Sites

Trust Fund for Unr~1atedSites

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter of Credit

Closure Insurance

Self—Insurance for Non—commercial Sites

27

811.Appendix A Financial Assurance Forms

Illustration A Trust Agreement

Illustration B Certificate of Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Illustration E Irrevocable Standby Letter of Credit

Illustration F Certificate of Insurance for Closure and/or

Postclosure Care

Illustration G Operator’s Bond Without Surety

Illustration H Operator’s Bond With Parent Surety

Illustration I Letter from Chief Financial Officer

81l.ApPendix B Section-by-Section Correlation Between the

Requirements of the Federal MSWLF Regulations at

40 CFR 258

 (1992)

 and the Requirements of Parts

810 through 814.

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22, 22.17 and 28.1

and authorized by Section 27 of the Environmental Protection Act

(Ill.

 Rev. Stat.

 1989,

ch.

 111 1/2, pars.

 1005,

 1021,

 1021.1,

1022,

 1022.17,

 1028.1 and 1027).

SOURCE:

 Adopted in R88-7 at 14 Ill.

 Reg.

 effective

NOTE:

 Capitalization indicates statutory language.

SUBPART A:

 GENERAL STANDARDS FOR ALL LANDFILLS

Section 811.101

 Scope and Applicability

a)

 The standards of this Part apply to all new landfills,

except those regulated pursuant to 35 Ill.

 Adin. Code

700 through 749.

 Subpart A contains general standards

applicable to all new landfills.

 Subpart B contains

additional standards for new landfills which dispose of

only inert wastes.

 Subpart C contains additional

standards for new landfills which dispose of chemical

and putrescible wastes.

b)

 This’~Partshall not apply until one year after the

effective date of this Part to new landfills solely

receiving the f,ollowing wastes generated by the

following industries, provided that proposed

regulations of general applicability to that industry

category are filed with the Board no later than

December 1,

 1990:

 wastes generated by foundries and

primary steel production facilities and coal combustion

wastes generated by electric utilities.

The

requirements of 35 Ill. Adm. Code 807 shall apply to

such landfills during the interim period of one year

28

after the effective date of this Part.

 This Part shall

become effective immediately after Dec.

1,

 1990 if no

proposal has been filed by that date.

 All general provisions of 35 Ill. Adm. Code 810 apply

to this Part.

~J,

 Standards for Municipal Solid Waste landfills

J.I.

 The standards of this Part also a~~1vto all new

MSWLF

units,

 as defined at 35 Ill. Mm. Code

810.103.

 The standards for the new

MSWLF

units

include:

~

 The standards a~plicab1eto new landfills

pursuant to subsection

 (a): and

~j,..The standards adopted in this cart that are

identical—in-substance to the federal

regulations promulgated by the U.S.

Environmental Protection A~encvpursuant

Sections 4004 and 4010 of the RCRA relating

to MSWLF program.

 Such standards are

individually indicated as applicable to MSWL

units.

 The Appendix table 811.Appendix B provides a

Section—by—Section correlation between the

requirements of the federal MSWLF regulations at

40 CFR 258

 (1992)

 and the requirements of this

Part.

3j..

 An owner or operator of a MSWLF unit shall also

comply with any other applicable Federal rules,

laws,

 regulations,

 or other requirements.

BOARD NOTE:

 Subsection

 (d) (3)

 is Derived from 40 CFR

258.3

 (19921.

Section 811.107

 Operating Standards

a)

 Phasing of Operations

1)

 ‘aste shall be placed in a manner and at such a

rate that mass stability is provided during all

phases of operation.

 Mass stability shall mean

that the mass of the waste deposited will not

undergo settling or slope failure that interrupts

operations at the facility or causes damage to any

of the various landfill operations or structures,

 such as the liner,

 leachate or drainage collection

29

system,

 gas collection system or monitoring

system.

2)

 The phasing of operations at the facility shall be

designed in such a way as to allow the sequential

construction, filling, and closure of discrete

units or parts of units.

3)

 The operator shall design and sequence the waste

placement operation in each discrete unit or parts

of units, in conjunction with the overall

operations of the facility, so as to shorten the

operational phase and allow wastes to be built up

to the planned final grade.

b)

 Size and Slope of Working Face

1)

 The working face of the unit shall be no larger

than is necessary, based on the terrain and

equipment used in waste placement,

 to conduct

operations in a safe and efficient manner.

2)

 The slopes of the working face area shall be no

steeper than two to one (horizontal to vertical)

unless the waste

 is stable at steeper slopes.

c)

 Equipment

Equipment shall be maintained and available for use at

the facility during all hours of operation,

 so as to

achieve and maintain compliance with the requirements

of this Part.

d)

 Utilities

All utilities,

 including but not limited to heat,

lights,

 power and communications equipment, necessary

 for safe operation in compliance with the requirements

of this Part shall be available at the facility at all

times.

e)

 Maintenance

The operator shall maintain and operate all systems and

related appurtenances and structures in a manner that

facilitates proper operations in compliance with this

Part.

f)

 Open Burning

Open burning is prohibited except in accordance with 35

Ill. Mm. Code 200 through 245.

g)

 Dust Control

The operator shall implement methods for controlling

dust so as to prevent wind dispersal of particulate matter.

h)

 Noise Control

The facility shall be designed, constructed and main-

tained to minimize the level of equipment noise audible

outside the facility.

 The facility shall not cause or

contribute to a violation of 35 Ill. Adm. Code 90C

through 905 or of Section 24 of the Act.

i)

 Vector Control

The operator shall implement measures to control the

population of disease and nuisance vectors.

j)

 Fire Protection

The operator shall institute fire protection measures

including,

 but not limited to, maintaining a supply of

water on—site and radio or telephone access to the

nearest fire department.

k)

 Litter Control

1)

 The operator shall patrol the facility daily to

 check for litter accumulation.

 All litter shall

be collected and placed in the fill or in a

secure, covered container for later disposal.

2)

 The facility shall not accept solid waste from

vehicles that do not utilize devices such as

covers or tarpaulins to control litter, unless the

nature of the solid waste load is such that it

cannot cause any litter during its transportation

to the facility.

1)

 Mud Tracking

The facility shall implement methods, such as use of

wheel washing units,

 to prevent tracking of mud by

hauling vehicles onto public roadways.

~

 Liquids Restrictions for MSWLF units

fl

 Bulk or noncontainerized liquid waste may not be

placed

 in MSWLF units unless:

~

 The waste

 is household waste other than

septic waste; or

31

~J

 The waste

 is leachate or ~as condensate

derived from the MSWLF unit and the MSWLF

unit, whether it is a new or existing

NSWLF

unit or lateral expansion.

 is designed with a

composite liner and leachate collection

system that complies with the reauirements of

Sections 811.306 through 811.309.

21

 Containers holding liquid waste may not be placed

in a MSWLF unit unless:

~j., The container’is a small container similar in

 size to that normally found in household

waste

~j

 The container is designed to hold liquids for

use other than storage; or

~

 The waste is household waste.

,~j.

 For purposes of this Section:

~j.. “Liquid waste” means any waste material that

is determined to contain “free liquids” as

defined by Method 9095

 (Paint Filter Liquids

Test),

 as described in “Test Methods for

Evaluating Solid Wastes, Physical/Chemical

Methods”

 (EPA Pub. No.

 SW-846)

 incorporated

by reference in 35 Ill. Mm Code 810.104.

~j

 “Gas condensate” means the liquid aenerated

as a result of gas recovery processes at the

MSWLF unit.

BOARD NOTE.

 Subsection 811.107(m)

 is Derived

from 40 CFR 258.28

 (1992).

Section 811.110

 Closure and Written Closure Plan

‘a)

 The final slopes and contours shall be designed to

complement and blend with the surrounding topography of

the proposed final land use of the area.

b)

 All drainage ways and swales shall be designed to

safely pass the runoff from the 100-year, 24-hour pre-

cipitation event without scouring or erosion.

c)

 The final configuration of the facility shall be de-

signed in a manner that minimizes the need for further

maintenance.

32

d)

 Written closure plan

1)

 The operator shall maintain a written plan

describing all actions that the operator will

undertake to close the unit or facility in a

manner that fulfills the provisions of the Act, of

this Part and of other applicable Parts of 35 Ill.

Adin.

 Code:

 Chapter I.

 The written closure plan

shall fulfill the minimum information requirements

of 35

 Ill. Adm. Code 812.114.

2)

 A modification of the written closure plan shall

constitute a significant modification of the

permit for the purposes of 35 Ill.

 Adin. Code

813.Subpart B.

3)

 In addition to the informational requirements of

subsection 811.110(d) (1), an owner or operator of

a

MSWLF

unit shall include the following

information in the written closure plan:

A)

 An estimate of the largest area of the

!4SWLF

unit ever requiring a final cover, as

required by Section 811.314, at any time

during the active life; and

B)

 An estimate of the maximum inventory of

wastes ever on—site over the active life of

the lanfill facility.

BOARD NOTE: Subsection 811.110(d) (3)

 is Derived

from 40 CFR 258.60

 (c)(1)

 and (c)(2)

 (1992).

~j

 The owner or operator of a MSWLF unit shall begin

closure activities for each NSWLF unit no later than

the date determined as follows:

fl

 30 days after the date on which the MSWLF unit

receives the final receipt of wastes; or

,~j

 If the

NSWLF

unit has remaining capacity and there

is a reasonable likelihood that the

MSWLF

unit

will receive additional wastes, no later than one

year after the most recent receipt of wastes.

fl

 The Agency shall grant extensions beyond this one-

year deadline for beginning closure

 if the owner

or operator demonstrates that:

~

 the MSWLF unit has the capacity to receive

additional wastes; and

33

~j

 the owner or operator has taken and will

continue to take all steps necessary to

prevent threats to human health and the

environment from the unclosed

MSWLF

unit.

BOARD NOTE.

 Subsection

(el

 is Derived from 40

CFR 258.60(f)

 (1992).

~j,. The owner or operator of a MSWLF unit shall complete

closure activities for each unit in accordance with the

‘closure elan no later than the dates determined as

follows:

fl

 within 180 days of beginning closure, as specified

in subsection

 (e) of this Section.

21

 The Agency shall grant extension of the closure

period

 if the owner or oPerator demonstrates that:

~j

 the closure will,

 of necessity, take lonaer

than 180 days; and

~j

 the owner or operator has taken and will

continue to take all necessarY stePs to

prevent threats to human health and the

environment from the unclosed

NSWLF

unit.

BOARD NOTE.

 Subsection

(el

 is Derived from 40

CFR 258.60(g)

 (1992).

Deed notation.

fl

 Following closure of all MSWLF units at a site.

the owner or operator shall record a notation on

the deed to the landfill facility property or some

other instrument that is normally examined durina

title search.

 The owner or operator shall place a

co~vof the instrument in the operating record,

and shall notify the Aqency that the notation has

been recorded and a copy has been Placed in the

operating record.

21

 The notation on the deed or other instrument must

be made in such a way that in perpetuity notify

any potential purchaser of the property that:

~

 The land has been used as

a

 landfill

facility; and

~j

 Its use is restricted pursuant to Section

811.111(d).

BOARD

NOTE.

 Subsection

(q)

 is Derived from 40 CFR

258.60(i)

 (1992).

hi

 The Agency shall allow the owner or operator of

 a MSWLF

unit to remove the notation from the deed only if the

owner or operator demonstrates to the Agency that all

wastes are removed from the facility.

BOARD NOTE.

 Subsection

(h)

 is Derived from 40 CFR

258.60(j)

 (1992).

Section 811.111

 Postclosure Maintenance

a)

 The operator shall treat, remove from the site,

or

dispose of all wastes and waste residues within 30 days

after receipt of the final volume of waste.

b)

 The operator shall remove all equipment or structures

not necessary for the postclosure land use, unless

otherwise authorized by permit.

 Maintenance and Inspection of the Final Cover and

Vegetation:

1)

 Frequency of Inspections

A)

 The operator shall conduct a quarterly

inspection of all vegetated surfaces for a

minimum of five years after closure, and

after five years, the operator may reduce the

frequency of annual inspections until

settling has stopped and there are no eroded

or scoured areas.

B)

 For landfills, other than those used

exclusively for disposing waste generated at

the site,

 inspections shall be continued for

a minimum period of 15 years after closure.

~j

 For MSWLF units,

 inspections performed

jrz

accordance with subsection

(C)

 (1) (A)

 shall be

continued for a minimum period of 30 years

after closure, except as otherwise provided

by subsections

(C)

 (1) (D) and

(C)

 (1)(E),

below.

Qj

 The Agency may reduce the inspection and

maintenance period at a

MSWLF

unit upon a

demonstration by the owner or operator that

the reduced period is sufficient to protect

human health and environment.

35

~

 The owner or operator of a MSWLF unit shall

petition the Board for an adiusted standard

in accordance with Section 811.303.

 if the

owner or oPerator seeks a reduction of the

postclosure care monitoring period for all of

the following requirements:

j)..

 Insnection and maintenance

 (Section

811.111

)

£11

 Leachate collection (Section 811. 309);

iii) Gas monitoring

 (Section 811.310); and

iii

 Groundwater monitoring

 (Section

811.319).

2)

 All rills,

 gullies and crevices six inches or

deeper identified in the inspection shall be

filled.

 Areas identified by the operator or the

Agency inspection as particularly susceptible to

erosion shall be recontoured.

3)

 All eroded and scoured drainage channels shall be

repaired and lining material shall be replaced if

necessary.

4)

 All holes and depressions created by settling

shall be filled and recontoured so as to prevent

standing water.

5)

 All reworked surfaces, and areas with failed or

eroded vegetation in excess of 100 square feet

cumulatively, shall be revegetated in accordance

with the approved closure plan for the facility.

~

 Planned uses of property at

NSWLF

units

fl

 The owner or operator of a MSWLF unit shall

include a description of the planned uses of the

property during the postclosure care period in the

written ~ostc1osure care plan ~re~ared pursuant to

35 Ill Adm.

 Code 812.115.

21

 Postclosure use of the property must not disturb

the integrity of the final cover,

 liner, any other

components of the containment system, or the

function of the monitoring systems. unless

necessary to comply with the requirements of this

Part.

~J

 The Agency shall ao~roveany other disturbance

if

the owner or operator demonstrates that

the

disturbance of the final cover,

 liner or other

component of the containment system.

 including any

removal of waste, will not increase the potential

 threat to human health or the environment.

BOARD NOTE. Subsection

(d)

 is Derived from 40 CFR

258.61(c)(3)

 (1992).

Section 811.112

 Recordkeepin~Requirements for

MSWLF

Units

The owner or operator of a

MSWLF

unit shall record and retain

near the facility in an operating record or in some alternative

location specified by the Agency. the information submitted to

the Aaencv pursuant to

 35 Ill.

 Adm. Code 812 and 813.

 as it

becomes available.

 At a minimum, the operating record ~.shall

contain the following information, even if such information is

not required by 35 Iii.

 Adm. Code 812 or 813:

~j

 Any location restriction demonstration required by

Section 811.302(e) and 35 Ill. Adm. Code 812.109,

812.110.

 812.303 and 812.305

~j

 Inspection records, training procedures.

and

notification procedures required by Section 811.323

çj

 Gas monitoring results and any reinediation plans

required by Sections 811.310 and 811.311

~,j

 Any NSWLF unit design documentation for placement of

leachate

gas

condensate

 MSWLF

unit required by

Section

811.107(m)

~

 Any demonstration, certification, monitoring results.

testing,

 or analytical data relating to the groundwater

monitoring program required by Sections 811.319,

811.324.

 811.325. and 811.326 35 Ill Adni.

 Code 812.317.

813.501 and 813.502

fl

 Closure and ~ost—c1osure care plans and any monitoring.

testing,

 or analytical data required by Sections

811.110 and 811.111, and 35 Ill. Adm. Code 812.114(h),

812.115 and 812.313: and

gj

 Any cost estimates and financial assurance

documentation required by Subpart G of this Part.

BOARD NOTE.

 The requirements of this Section are

derived from 40 CFR 258.29

 (1992).

SUBPART

PUTRESCIBLE

 AND CHEMICAL WASTE LANDFILLS

Section

 811.302

 Facility Location

a)

 No part of a unit shall be located within a setback

zone established pursuant to Section 14.2 or 14.3 of

the Act;

b)

 No part of a unit shall be located within the recharge

zone or within 366 meters (1200 feet), vertically or

horizontally, of a sole—source aquifer designated by

the United States Environmental Protection Agency

pursuant to Section 1424(e)

 of the Safe Drinking Water

Act

 (42 U.S.C.

 300f et seq.) unless there is a stratum

between the bottom of the waste disposal unit and the

top of the aquifer that meets the following minimum

requirements:

1)

 The stratum has a minimum thickness of 15.2 meters

 (50 feet);

2)

 The maximum hydraulic conductivity in both the

horizontal and vertical directions is no greater

than 1x10’ centimeters per second, as determined

by in situ borehole or equivalent tests;

3)

 There is no indication of continuous sand or silt

seams,

 faults,

 fractures or cracks within the

stratum that may provide paths for migration; and

4)

 Age dating of extracted water samples from both

the aquifer and the stratum indicates that the

time of travel for water percolating downward

through the relatively impermeable stratum is no

faster than 15.2 meters

 (50 feet)

 in 100 years.

c)

 A facility located within 152 meters

 (500 feet)

of

the

right of way of a township or county road or state or

interstate highway shall have its operations screened

from view by a barrier of natural objects,

 fences,

barricades,

 or plants no less than 2.44 meters

 (8 feet)

in height.

d)

 No part of a unit shall be located closer than 152

meters

 (500 feet)

 from an occupied dwelling, school,

or

hospital that was occupied on the date when the

operator first applied for a permit to develop the unit

or the facility containing the unit, unless the owner

of such dwelling, school, or hospital provides

permission to the operator,

 in writing,

 for a closer

 distance.

38

e)

 The facility shall not be located closer than 1525

meters

 (5000 feet) of any runway used by piston type

aircraft or within 3050 meters

 (10,000 feet)

 of any

runway used by turbojet aircraft unless the Federal

Aviation Administration provides the operator with

written permission,

 including technical justification,

for a closer distance.

fl

 An owner or operator proposing to locate a new MSWLF

,unit within a five-mile radius of any airport runway

used by turbojet or piston—type aircraft shall notify

the_affected airport and the Federal Aviation

Administration

 (FAA)

 within

 7 days of filing a permit

application with Agency in accordance with 35 Ill.

 Adin.

Code 813 for developing a new landfill.

BOARD NOTE.

 Subsection

(f)

 is derived from 40 CFR

258.10

 (1992).

Section 811.303

 Design Period

a)

 The design period for putrescible and chemical waste

disposal units shall be the estimated operating life

plus a postclosure care period of 30 years.

 The design

period for putrescible waste landfill units,

 other than

MSWLF units, may be reduced if unlc33 measures are

undertaken in compliance with subsections

 (b) and

(c)

to encourage stabilization of putrescible waste.

Thg

design period for a MSWLF unit may be reduced in

accordance with subsection

 (dY.

b)

 The design period for a disposal unit which accepts

only putrescible waste in shredded form shall be the

estimated operating life plus 20 years of ~ostc1osure

care.

 The design period for a putrescible waste disposal unit

that recycles leachate in accordance with Section

811.309(f)

 shall be the estimated operating life plus

20 years of postc.osure

 care.

~j

 An owner or operator of a MSWLF unit may petition the

Board for an adjusted standard pursuant to Section 28.1

of the Act and ~35 Ill.

 Adni. Code 106.Subpart G to

reduce the minimum pos’tclosure care specifi d in

accordance with the requirements Sections 811.111(c),

811.309(h),

 811.310(c),

 and 811.319(a).

BOARD NOTE:

 Subsection

(d)

 is derived from 40 CFR

258.61(b)

(1).

Section 811.309

 Leachate Treatment and Disposal System

a)

 Leachate shall be allowed to flow freely from the

drainage and collection system.

 The operator is

responsible for the operation of a leachate management

system designed to handle all leachate as it drains

from the collection system.

 The leachate management

system shall consist of any combination of storage,

 treatment, pretreatment, and disposal options designed

and constructed in compliance with the requirements of

this Section.

b)

 The leachate management system shall consist of any

combination of multiple treatment and storage struc-

tures, to allow the management and disposal of leachate

during routine maintenance and repairs.

c)

 Standards for On-site Treatment and Pretreatment

1)

 All on-site treatment or pretreatment systems

shall be considered part of the facility.

2)

 The on-site treatment or pretreatment system shall

be designed in accordance with the expected char-

acteristics of the leachate.

 The design may

include modifications to the system necessary to

accommodate changing leachate characteristics.

3)

 The on—site treatment or pretreatment system shall

be designed to function for the entire design

period.

4)

 All of the facility’s unit operations, tanks,

ponds,

 lagoons and basins shall be designed and

constructed with liners or containment structures

to control seepage to groundwater.

5)

 All treated effluent discharged to waters of the

State shall meet the requirements of 35 Ill.

Adm.

Code 309.

6)

 The treatment system shall be operated by an

operator certified under the requirements of 35

Ill. Adm. ,Code 312.

d)

 Standards for Leachate Storage Systems

1)

 The leachate storage facility must be able to

 store a minimum of at least five days’ worth of

accumulated leachate at the maximum generation

rate used in designing the leachate drainage

system in accordance with Section 811.307.

The

40

minimum storage capacity may be built up over time

and in stages,

 so long as the capacity for five

consecutive days of accumulated leachate, during

extreme precipitation conditions,

 is available at

any time during the design period of the facility.

2)

 All leachate storage tanks shall be equipped with

secondary containment systems equivalent to the

protection provided by a clay liner 0.61 meter

(2

feet thick) having a permeability no greater than

10~centimeters per second.

3)

 Leachate storage systems shall be fabricated from

material compatible with the leachate expected to

be generated and resistant to temperature

extremes.

4)

 The leachate storage system shall not cause or

contribute to a malodor.

5)

 The leachate drainage and collection system shall

not be used for the purpose of storing leachate.

e)

 Standards for Discharge to an Off—site Treatment Works

1)

 Leachate may be discharged to an off—site

treatment works that meets the following

requirements:

A)

 All discharges of effluent from the treatment

works shall meet the requirements of 35 Ill.

Adm. Code 309.

B)

 The treatment system shall be operated by an

operator certified under the requirements of

35 Ill. Adm. Code 312.

C)

 No more than 50 percent of the average daily

influent flow can be attributable to leachate

from the solid waste disposal facility.

Otherwise, the treatment works shall be

considered

 a part of the solid waste disposal

facility.

2)

 The operator is responsib~for securing permis-

sion from the off-site treatment works for

authority to discharge to the treatment works.

3)

 All discharges to a treatment works shall meet the

requirements of 35

 Ill.

 Adm. Code 310.

4)

 Pumps, meters,

 valves and monitoring stations that

control and monitor the flow of leachate from the

unit and which are under the control of the

operator shall be considered part of the facility

and shall be accessible to the operator at all

times.

5)

 Leachate shall be allowed to flow into the sewer-

age system at all times; however,

 if access to the

treatment works is restricted or anticipated to be

restricted for longer than five days, then an

alternative leachate management system shall be

constructed in accordance with subsection

 (c).

6)

 Where leachate is not directly discharged into a

sewerage system, the operator shall provide

storage capacity sufficient to transfer all

leachate to an off-site treatment works.

The

storage system shall meet the requirements of

subsection (d).

f)

 Standards for Leachate Recycling Systems

1)

 Leachate recycling systems may be utilized only at

permitted waste disposal units that meet the fol-

lowing requirements:

A)

 The unit must have a liner designed,

constructed and maintained to meet the mini-

mum standards of Section 811.306.

B)

 The unit must have a leachate collection

system in place and operating in accordance

with Section 811.307.

C)

 A gas management system, equipped with a

mechanical device such as a compressor to

withdraw gas, must be implemented to control

odors and prevent migration of methane in ac-

cordance with Section 811.311.

D)

 The topography must be such that any acci-

dental leachate runoff can be controlled by

ditches, berms or other equivalent control

means.

2)

 Leachate shall not be recycled during precipita-

tion events or in volumes large enough to cause

runoff or surface seeps.

3)

 The amount of leachate added to the unit shall not

exceed the ability of the waste and cover soils to

42

transmit leachate flow downward.

 All other leach—

ate shall be considered excess leachate, and a

 leachate management system capable of disposing of

all excess leachate must be available.

4)

 The leachate storage and distribution system shall

be designed to avoid exposure of leachate to air

unless aeration or functionally equivalent devices

are utilized.

5)

 The distribution system shall be designed to allow

leachate to be evenly distributed beneath the

surface over the recycle area.

6)

 Daily and intermediate cover shall be permeable to

the extent necessary to prevent the accumulation

of water and formation of perched watertables and

gas buildup; alternatively cover shall be removed

prior to additional waste placement.

7)

 Daily and intermediate cover shall slope away from

the perimeter of the site to minimize surface

discharges.

g)

 Leachate Monitoring

1)

 Representative samples of leachate shall be

collected from each unit and tested in accordance

with subsections

 (g) (2)

and

 (g) (3) at a frequency

of once per quarter while the leachate management

system is in operation.

 The frequency of testing

may be changed to once per year for any monitored

constituent,

 if it is not detected in the

leachate.

 However,

 if such a constituent is

detected in the leachate, testing frequency shall

return to a quarterly schedule.

 Discharges of leachate from units that dispose of

 putrescible wastes shall be tested for the fol-

lowing constituents prior to treatment or

pretreatment:

A)

 Five day biochemical oxygen demand

 (BOD5);

B)

 Chemic~ oxygen demand;

C)

 Total Suspended Solids;

D)

 Total

 Iron;

E)

pH;

F)

Any

other constituents listed in the

operator’s National Pollution Discharge

Elimination System (NPDES) discharge permit,

pursuant to 35 Ill.

 Adm. Code 304, or

required by a publicly owned treatment works,

pursuant to 35 Ill.

 Adin. Code 310; and

G)

 All of the indicator constituents chosen in

accordance with 35 Ill.

 Adin. Code

811.319(a) (2) (B) and used by the operator for

groundwater monitoring.

3)

 Discharges of leachate from units which dispose

only chemical wastes shall be monitored for

constituents determined by the characteristics of

the chemical waste to be disposed of in the unit.

They shall include, as a minimum:

pH;

B)

 Total Dissolved Solids;

C)

 Any other constituents listed in the

operator’s NPDES discharge permit, pursuant

to 35

 Ill.

 Adin.

 Code 304, or required by a

publicly owned treatment works, pursuant to

35 Ill.

 Adin. Code 310; and

D)

 All of the indicator constituents chosen in

accordance with 35 Ill. Adm. Code

811.319(a) (2) (B) and used by the operator for

groundwater monitoring.

h)

 Time of Operation of the Leachate Management System

1)

 The operator shall collect and dispose of leachate

for a minimum of five years after closure and

thereafter until treatment is no longer necessary.

2)

 Treatment is no longer necessary if the leachate

constituents do not exceed the wastewater effluent

standards in 35 Iii.

 Adm. Code 304.124,

 304.125,

304.126 and do not contain a BOD5 concentration

greater.than 30 mg/L for six consecutive months.

fl

 Leachate collection at a

MSWLF

unit shall be

continued for a minimum period of 30 years after

closure. except as otherwise provided by

subsections

 (h) (4)

and

(h)

(5),

 below.

,4J.

 The Agency may reduce the leachate collection

period at a MSWLF unit upon a demonstration by the

owner or operator that the reduced period is

sufficient to protect human health and

environment.

~J

 The owner or operator of a MSWLF unit shall

petition the Board for an adjusted standard in

accordance with Section 811.303. if the owner or

 operator seeks a reduction of the postclosure care

monitoring period for all of the following

requirements:

LL

 Inspection and maintenance (Section

811.111)

jj)

 Leachate collection

 (Section 811.309);

iii)

 Gas monitoring (Section 811.310); and

jyj

 Groundwater monitoring (Section

811.319).

BOARD NOTE:

 Subsection

(h)

 is derived from 40 CFR

258.61 (1992).

Section

811.310

 Landfill Gas Monitoring

a)

 This Section applies to all units that dispose

putrescible wastes.

b)

 Location and Design of Monitoring Wells

1)

 Gas monitoring devices shall be placed at inter-

vals and elevations within the waste to provide a

representative sampling of the composition and

buildup of gases within the unit.

2)

 Gas monitoring devices shall be placed around the

unit at locations and elevations capable of

detecting migrating gas from the ground surface to

the lowest elevation of the liner system or the

top elevation of the groundwater, whichever is

higher.

3)

 A predictive gas flow model may be utilized to

determine the optimum placement of monitoring

points required for making observations and

tracing the movement of gas.

4)

 Gas monitoring devices shall be constructed from

materials that will not react with or be corroded

by the landfill gas.

5)

 Gas monitoring devices shall be designed and

constructed to measure pressure and allow collec-

tion of a representative sample of gas.

6)

 Gas monitoring devices shall be constructed and

maintained to minimize gas leakage.

7)

 The gas monitoring’system shall not interfere with

the operation of the liner,

 leachate collection

system or delay the construction of the final

cover system.

8)

 At least three ambient air monitoring locations

shall be chosen and samples shall be taken no

higher than 0.025 meter

 (1 inch)

 above the ground

and 30.49m

 (100 feet) downwind from the edge of

the unit or at the property boundary, whichever is

closer to the unit.

c)

 Monitoring Frequency

1)

 All gas monitoring devices, including the ambient

air monitors shall be operated to obtain samples

on a monthly basis for the entire operating period

and for a minimum of five years after closure.

2)

 After a minimum of five years after closure, moni-

toring frequency may be reduced to quarterly

sampling intervals.

3)

 The sampling frequency may be reduced to yearly

sampling intervals upon the installation and oper-

ation of a gas collection system equipped with a

mechanical device such as a compressor to withdraw

 gas.

4)

 Monitoring shall

 be continued Aftcr for a minimum

period of: thirty years after closure at

NSWLF

Lmits.

 except as otherwise provided by subsections

(c) (5) and

 (c) (6). below five years after closure

or,

 in thc caoc of ~

 landfills,

 other than

MSWLF

units. thocc which are tised exclusively for

disposing of wastes generated at the site,-; or a

minimum-of fifteen years after closure at all

other landfills regulated under this Part.,- ~joni-

toring,

 beyond the minimum period. may ohall be

discontinued if the following conditions have been

met for at least one year:

A)

 The concentration of methane

 is less than

five percent of the lower explosive limit in

air for four consecutive quarters at all

monitoring points outside the unit; and

B)

 Monitoring points within the unit indicate

that methane is no longer being produced in

quantities that would result in migration

from the unit and exceed the standards of

subsection

 (a) (1).

5)

 The operator shall’include in the permit, a list

of air toxics to be monitored in accordance with

subsection

 (d).

 The Agency shall determine the

monitoring frequency of the listed compounds based

upon their emission rates and ambient levels in

 the atmosphere.

.~1

 The A~encvmay reduce the gas monitoring period at

a MSWLF unit upon a demonstration by the owner or

operator that the reduced period

 is sufficient to

protect human health and environment.

fl

 The owner or operator of a MSWLF unit shall

petition the Board for an adiusted standard in

accordance with Section 811.303,

 if the owner or

operator seeks a reduction of the postclosure care

monitoring period for all of the following

requirements:

Jj

 Inspection and maintenance (Section

811.111)

£jJ,,

 Leachate collection

 (Section 811.309);

iii) Gas monitoring

 (Section 811.310); and

,iyl

 Groundwater monitoring (Section

811.319).

BOARD NOTE: Changes to subsections

 (c) are derived from

40 CFR 258.61

 (1992).

d)

 Parameters to b~eMonitored

1)

 All below ground monitoring devices shall be moni-

tored for the following parameters at each

sampling interval:

A)

 Methane;

B)

 Pressure;

Nitrogen;

D)

 Oxygen;

E)

 Carbon dioxide; and

F)

Any

compound on the list of air toxics,

adopted by the Board pursuant to Section 9.5

of the Act, which is expected to be produced

in the landfill unit.

2)

 Ambient air monitors shall be sampled for methane

only when the average wind velocity is less than 8

kilometers

 (five miles) per hour at a minimum of

three downwind locations 30.49 meters

 (100 feet)

from the edge of the unit or the property

boundary, whichever is closer to the unit.

3)

 All buildings within a facility shall be monitored

for methane by utilizing continuous detection

devices located at likely points where methane

might enter the building.

Section 811.311

 Landfill Gas Management System

a)

 The operator shall install a gas management system if

any one of the following conditions are met:

1)

 A methane concentration greater than 50 percent of

the lower explosive limit in air is detected below

the ground surface by a monitoring device or is

detected by an ambient air monitor located at or

beyond the property boundary or 30.5 meters

 (100

feet)

 from the edge of the unit, whichever is

less, unless the operator can demonstrate that the

detected methane concentration is not attributable

to the facility;

2)

 Methane is detected at a concentration greater

than 25 percent of the lower explosive limit in

air in any building on or near the facility,

unless the operator can demonstrate that the

detected methane concentration is not attributable

to the fac~ility;

3)

 Malodors caused by the unit are detected beyond

the property boundary; or

4)

 Leachate is recycled in accordance with Section

811.309(e).

48

b)

 If methane gas levels exceed the limits specified in

subsections

 (a) (1)

or

 (a) (2), an owner or operator of a

MSWLF unit shall:

fl

 Notify the Aaencv in writing, within two business

days.

 of an observed exceedance; and

21

 Im~1ementthe requirements of this Section to

ensure the protection of human health.

~)

 Standards for Gas Venting System

1)

 Gas venting systems shall be utilized only as

optional, temporary mitigation until the

completion of an active system.

2)

 All materials shall be resistant to chemical

reaction with the constituents of the gas.

3)

 The system shall be capable of venting all gas

down to the water table or bottom of the liner,

whichever is higher.

4)

 Gas venting systems shall be installed only

outside the perimeter of the unit.

e~) Standards for Gas Collection Systems

1)

 Gas collection systems may be installed either

within the perimeter of the unit or outside the

unit.

2)

 The operator shall design and operate the system

so that the standards of subsections

 (a) (1),

(a) (2), and

 (a) (3) will not be exceeded.

3)

 The gas collection system shall transport gas to a

central point or points for processing for

beneficial uses or disposal in accordance with the

requirements of Section 811.312.

4)

 The gas collection system shall be designed to

function for the entire design period.

 The design

may include changes in the system to accommodate

changing gas flow rates or compositions.

5)

 All materials and equipment used in construction

of the system shall be rated by the manufacturer

as safe for use in hazardous or explosive envi-

ronments and shall be resistant to corrosion by

constituents of the landfill gas.

6)

 The gas collection system shall be designed and

constructed to withstand all landfill operating

conditions,

 including settlement.

7)

 The gas collection system and all associated

equipment including compressors,

 flares, moni-

toring installations, and manholes shall be con-

sidered part of the facility.

8)

 Provisions shall be made for collecting and drain-

ing gas condensate to a management system meeting

the requirements o~Section 811.309.

9)

 Under no circumstances shall the gas collection

system compromise the integrity of the liner,

leachate collection or cover systems.

10)

 The portion of the gas collection system, used to

convey the gas collected from one or more units

for processing and disposal shall be tested to be

airtight to prevent the leaking of gas from the

collection system or entry of air into the system.

11)

 The gas collection system shall be operated until

the waste has stabilized enough to no longer

produce methane in quantities that exceed the

minimum allowable concentrations in subsections

(a) (1)

 (a) (2)

and

 (a) (3)

12)

 The gas collection system shall be equipped with a

mechanical device, such as a compressor,

 capable

of withdrawing gas,

 or be designed so that a

mechanical device can be easily installed at a

later time,

 if necessary, to meet the requirements

of subsections

 (a)(l),

 (a)(2), and (a)(3).

BOARD NOTE:

 Subsection

(b)

 is derived from 40 CFR

258.23(c)

(1)

 (1992).

Section 811.314

 Final Cover System

a)

 The unit shall be covered by a final cover consisting

of a low permeability layer overlain by a final protec-

tive layer constructed in accordance with the require-

ments of this Section.

b)

 Standards for the Low Permeability Layer

1)

 Not later than 60 days after placement of the

final lift of solid waste,

 a low permeability

layer shall be constructed.

2)

 The low permeability layer shall cover the entire

unit and connect with the liner system.

3)

 The low permeability layer shall consist of any

one of the following:

A)

 A compacted earth layer constructed in

accordance with the following standards:

i)

 The minimum allowable thickness shall be

0.91 metfr

 (3 feet);

ii)

 The layer shall be compacted to achieve

a permeability of 1x10~centimeters per

second and minimize void spaces.

iii) Alternative specifications may be

utilized provided that the performance

of the low permeability layer is equal

to or superior to the performance of a

layer meeting the requirements of

subsections

 (b) (3) (A) (i)

and

(b) (3) (A) (ii)

B)

 A geomembrane constructed in accordance with

the following standards:

i)

 The geomembrane shall provide perform-

ance equal or superior to the compacted

earth layer described in subsection

(b) (3) (A)

ii)

 The geomembrane shall have strength to

withstand the normal stresses imposed by

the waste stabilization process.

iii) The geomembrane shall be placed over a

prepared base free from sharp objects

and other materials which may cause

damage.

C)

 Any other low permeability layer construction

 techniques or materials,

 provided that they

provide equivalent or superior performance to

the requirements of this subsection.

j)

 For a MSWLF unit,

 subsection

 (b) (3)

notwithstanding,

 if the bottom liner system

permeability is lower than

 1 x ~

 cm/sec. the

permeability of the low permeability layer of th~

51

final cover system shall be less than or equal to

the permeability of the bottom liner system.

c)

 Standards for the Final Protective Layer

1)

 The final protective layer shall cover the entire

low permeability layer.

2)

 The thickness of the final protective layer shall

be sufficient to protect the low permeability

layer from freezing and minimize root penetration

of the low permeability layer, but shall not be

less than 0.91 meter

 (3 feet).

3)

 The final protective layer shall consist of soil

material capable of supporting vegetation.

4)

 The final protective layer shall be placed as soon

as possible after placement of the low

permeability layer to prevent desiccation,

cracking, freezing or other damage to the low

permeability layer.

BOARD NOTE: subsection

 (b) (4)

 is derived from 40 CFR

258.60(a)

 (1992).

Section 811.318

 Design, Construction and Operation of

 Groundwater Monitoring Systems

a)

 All potential sources of discharges to groundwater

within the facility, including, but not limited to, all

waste disposal units and the leachate management sys-

tem, shall be identified and studied through a network

of monitoring wells operated during the active life of

the unit and for the time after closure specified in

accordance with Section 811.319.

 Monitoring wells

designed and constructed as part of the monitoring

network shall be maintained along with records that

include, but are not limited to, exact well location,

well size, type of well,

 the design and construction

practice used in its installation and well and screen

depths.

b)

 Standards for the Location of Monitoring Points

1)

 A network of monitoring points shall be estab-

lished at sufficient locations downgradient with

respect to groundwater flow and not excluding the

downward direction,

 to detect any discharge of

contaminants from any part of a potential source

of discharge.

2)

 Monitoring wells shall be located in stratigraphic

horizons that could serve as contaminant migration

pathways.

3)

 Monitoring wells shall be established as close to

the potential source of discharge as possible

without interfering with the waste disposal

operations, and within half the distance from the

 edge of the potential source of discharge to the

edge of the zone of attenuation downgradient, with

respect to groundwater flow,

 from the source.

4)

 The network of monitoring points of several

potential sources of discharge within a single

facility may be combined into a single monitoring

network, provided that discharges from any part of

all potential sources can be detected.

5)

 A minimum of at least one monitoring well shall be

established at the edge of the zone of attenuation

and shall be located downgradient with respect to

groundwater flow and not excluding the downward

direction,

 from the unit.

 Such well or wells

shall be used to monitor any statistically

significant increase in the concentration of any

constituent,

 in accordance with Section 811.320(e)

and shall be used for determining compliance with

an applicable groundwater quality standard of

Section 811.320.

 An observed statistically

significant increase above the applicable

groundwater quality standards of Section 811.320

in a well located at or beyond the compliance

boundary shall constitute a violation.

c)

 Maximum Allowable Predicted Concentrations

The operator shall use the same calculation methods,

data, and assumptions as used in the groundwater impact

assessment to predict the concentration over time and

space of all constituents chosen to be monitored in

accordance with Section 811.319 at all monitoring

 points.

 The predicted values shall be used to

establish the maximum allowable predicted

concentrations .(MAPC)

 at each monitoring point.

The

MAPCs calculated in this subsection shall be applicabl

within the zone of attenuation.

d)

 Standards for Monitoring Well Design and Construction

1)

 All monitoring wells shall be cased in a manner

that maintains the integrity of the bore hole.

The casing material shall be inert so as not to

affect the water sample.

 Casing requiring sol-

vent—cement type couplings shall not be used.

2)

 Wells shall be screened to allow sampling only at

the desired interval.

 Annular space between the

borehole wall and well screen section shall be

packed with gravel sized to avoid clogging by the

material in the zone being monitored.

 The slot

size of the screen shall be designed to minimize

clogging.

 Screens shall be fabricated from

material expected to be inert with respect to the

constituents of the groundwater to be sampled.

3)

 Annular space above the well screen section shall

be sealed with a relatively impermeable,

expandable material such as a cement/bentonite

grout,

 which does not react with or in any way

affect the sample,

 in order to prevent

contamination of samples and groundwater and avoid

 interconnections.

 The seal shall extend to the

highest known seasonal groundwater level.

4)

 The annular space shall be back-filled with

expanding cement grout from an elevation below the

frost line and mounded above, the surface and

sloped away from the casing so as to divert

surface water away.

5)

 The annular space between the upper and lower

seals and in the unsaturated zone may be back—

filled with uncontaminated cuttings.

6)

 All wells shall be covered with vented caps and

equipped with devices to protect against tampering

and damage.

7)

 All wells shall be developed to allow free entry

of water,

 minimize turbidity of the sample, and

minimize clogging.

8)

 The transmissivity of the zone surrounding all

well screens shall be established by field testing

techniques.

9)

 Other sam~1ingmethods and well construction

techniques may be utilized if they provide equal

or superior performance to the requirements of

this subsection.

e)

 Standards for Sample Collection and Analysis

1)

 The groundwater monitoring program shall include

consistent sampling and analysis procedures to

assure that monitoring results can be relied upon

to provide data representative of groundwater

quality in the zone being monitored.

2)

 The operator shall utilize procedures and

techniques to insure that collected samples are

representative of the zone being monitored and

that prevent cross contamination of samples from

other monitoring wells or from other samples.

At

least 95 percent of a collected sample shall

consist of groundwater from the zone being

monitored.

3)

 The operator shall establish a quality assurance.

program that provides quantitative detection

limits and the degree of error for analysis of

each chemical constituent.

4)

 The operator shall establish a sample preservatioi

and shipment procedure that maintains the

reliability of the sample collected for analysis.

5)

 The operator shall institute a chain of custody

procedure to prevent tampering and contamination

of the collected samples prior to completion of

analysis.

6)

 At a minimum, the operator shall sample the fol-

lowing parameters at all wells at the time of

sample collection and immediately before filterinc

and preserving samples for shipment:

A)

 The elevation of the water table;

B)

 The depth of the well below ground;

C)

PH;

D)

 The temperature of the sample; and

E)

 Specific Conductance.

fl

 In addition to the requirements of sr’~sections

(e) (1) through

 (e) (6). the following requirements

shall apply to NSWLF units:

~j

 Each time groundwater

 is sampled, an owner o

operator of a MSWLF unit shall:

j)

 Measure the groundwater elevations in

each well immediately prior to purginal

and

~jJJ

Determine the rate and direction of

ground—water flow.

~j.

 An owner or operator shall measure

aroundwater elevations in wells which monitor

the same waste manaaement area within a

period of time short enough to avoid temporal

variations in groundwater flow which could

preclude accurate determination of

aroundwater flow rate and direction.

BOARD NOTE:

 subsection

 (el (7)

 is derived from 40 CFR

258.53(d)

 (1992).

Section 811.319

 Groundwater Monitoring Programs

a)

 Detection Monitoring Program

Any use of the term “maximum allowable predicted

concentration” in this Section is a reference to 35

Ill. Adm. Code 811.318(c).

 The operator shall

implement a detection monitoring program in accordance

with the following requirements:

1)

 Monitoring Schedule and Frequency

A)

 The monitoring period shall begin as soon as

waste is placed into the unit of a new

landfill or within one year of the effective

date of this Part for an existing landfill.

Monitoring shall continue for a minimum

period of fifteen years after closure, or in

 the case of MSWLF units,

 a minimum period of

30 years after closure, excePt as otherwise

provided by subsection

 (a) (11 (C)

 of this

Section.

 The operator shall sample all

monitoring points for all potential sources

of contamination on a quarterly basis except

as specified in subsection

 (a) (3)

 or may

institute more frequent sampling throughout

the time the source constitutes a threat to

groundwater.

 For the purposes of this

section, the source shall be considered a

threat to groundwater,

 if the results of the

monitoring indicate that the concentrations

of any of the constituent monitored within

the zone of attenuation are above the maximum

56

allowable predicted concentration for that

constituent.

B)

 Beginning fifteen years after closure of the

unit, or five years after all other potential

sources of discharge no longer constitute a

threat to groundwater,

 as defined in

subsection

 (a) (1) (A), the monitoring

frequency may change on a well by well basis

to an annual schedule if either of the

following conditions exist.

 However,

monitoring shall return to a quarterly

schedule at any well where a statistically

significant increase is determined to have

occurred in accordance with Section

811.320(e),

 in the concentration of any

constituent with respect to the previous

sample.

i)

 All constituents monitored within the

zone of attenuation have returned to a

concentration less than or equal to ten

percent of the maximum allowable

predicted concentration; or

ii)

 All constituents monitored within the

zone of attenuation are less than or

equal

to their maximum allowable

predicted concentration for eight

consecutive quarters.

C)

 Monitoring shall be continued for a minimum

period of: thirty years after closure at

MSWLF units, except as otherwise provided by

subsections

 (a) (1) (D) and

 (a) (1) (E), below

five years after closure or,

 in the case of

~

 landfills, other than MSWLF units.

 tho3e

which are used exclusively for disposing

waste generated at the site,-; or a minimum

period of fifteen years after closure at all

other landfills regulated under this Part.

Monitoring, beyond the minimum period, may be

discontinued under the following conditions:

i)

 No statisticaL p significant increase is

detected in the concentration of any

constituent above that measured and

recorded during the immediately

preceding scheduled sampling for three

consecutive years, after changing to an

annual monitoring frequency;

or

ii)

 Immediately after contaminated leachate

is no longer generated by the unit.

QI

 The A~encvmay reduce the ~roundwater

monitoring oeriod at a MSWLF unit upon a

demonstration by the owner or operator that

the reduced period is sufficient to protect

human health and environment.

~j

 An owner or operator of a MSWLF unit shall

petition the Board for an adjusted standard

in accordance with Section 811.303. if the

owner or operator seeks a reduction of the

postclosure care monitoring period for all of

the following requirements:

il

 Inspection and maintenance

 (Section

811.111)

£jJ

 Leachate collection (Section 811.309);

iii) Gas monitoring (Section 811.310): and

i~1

Groundwater monitoring (Section

811.319).

BOARD NOTE:

 Changes to subsections

 (a) (1) (A)

and

(a) (1) (C). and Subsections

 (a) (1) (DI and

 (a) (1) (E) are

derived from 40 CFR 258.61

 (1992).

2)

 Criteria for Choosing Constituents to be Monitored

A)

 The operator shall monitor each well for

constituents that will provide a means for

detecting groundwater contamination.

Constituents shall be chosen for monitoring

if they meet the following requirements:

i)

 The constituent appears in, or is

expected to be in, the leachate; and

ii)

 The Board has established for the

constituent a public or food processing

-water supply standard, at 35 Ill. Adm.

Code 302,

 the, Board has established a

groundwater quality standard under the

Illinois Groundwater Protection Act

(Ill. Rev.

 Stat.

 1989,

ch.

 111 1/2,

 par.

7451 et seq.), or the constituent may

otherwise cause or contribute to

groundwater contamination.

B)

 One or more indicator constituents,

representative of the transport processes of

constituents in the leachate, may be chosen

for monitoring in place of the constituents

it represents.

 The use of such indicator

constituents must be included in an Agency

approved permit.

3)

 Organic Chemicals Monitoring

The operator shall monitor each existing well that

is being used as a part of the monitoring well

network at the facility within one year of the

effective date of this Part,

 and monitor each new

well within three months of its establishment.

The monitoring required by this subsection shall

be for a broad range of organic chemical

contaminants in accordance with the procedures

described below:

A)

 The analysis shall beat least as

comprehensive and sensitive as the tests

 for;

i)

 The 51 organic chemicals in drinking

 water described at 40 CFR 141.40

 (1988),

incorporated by reference at 35 Ill.

Adm. Code 810.104; and

ii)

 Any other organic chemical for which a

groundwater quality standard or

criterion has been adopted pursuant to

Section 14.4 of the Act or Section

 8 of

the Illinois Groundwater Protection Act.

B)

 At least once every two years, the operator

shall monitor each well in accordance with

subsection

 (a) (1) (A).

~j

 The operator of a MSWLF unit shall monitor

each well in accordance with subsection

(a) (1) (A)

 on an annual basis.

BOARD NOTE.

 Subsection

 (a) (3) (C)

 is derived

from -40 CFR 258.54(b)

 (1992).

4)

 Confirmation of Monitored Increase

A)

 The confirmation procedures of this

subsection shall be used only if the

concentrations of the constituents monitored

can be measured at or above the practical

quantitation limit

 (PQL).

 The PQL is defined

59

as the lowest concentration that can be

reliably measured within specified limits of

precision and accuracy, under routine

laboratory operating conditions.

The

operator shall institute the confirmation

procedures of subsection

 (a) (4) (B) after

notifying the Agency in writing, within 10

days, of the following observed increases

:

i)

 The concentration of any constituent

monitored in accordance with subsection

(a) (1) and

 (a) (2)

 shows a progressive

increase over four consecutive quarters;

ii)

 The concentration of any constituent

exceeds the maximum allowable predicted

concentration at an established

monitoring point within the zone of

attenuation;

iii) The concentration of any constituent

monitored in accordance with subsection

(a) (3)

 exceeds the preceding measured

concentration at any established

monitoring point; and

iv)

 The concentration of any constituent

monitored at or beyond the zone of

attenuation exceeds the applicable

groundwater quality standards of Section

811.320.

B)

 The confirmation procedures shall include the

following:

i)

 The operator shall verify any observed

increase by taking additional samples

within 45 days of the initial

observation and ensure that the samples

and sampling protocol used will detect

any statistically significant increase

in the concentration of the suspect

constituent in accordance with

-subsection 811.320(e),

 so as to confirm

the observed increase.

 The operator

shall notify the Agency of any confirmed

increase before the end of the next

business day following the confirmation.

ii)

 The operator shall determine the source

 of any confirmed increase, which may

include, but shall not be limited to,

60

natural phenomena,

 sampling or analysis

errors, or an off—site source.

iii) The operator shall notify the Agency in

writing of any confirmed increase and

state the source of the confirmed

increase and provide the rationale used

in such a determination within ten days

of the determination.

b)

 Assessment Monitoring

The operator shall begin an assessment monitoring

program in order to confirm that the solid waste

disposal facility is the source of the contamination

and to provide information needed to carry out a

groundwater impact assessment in accordance with

subsection

(C).

 The assessment monitoring program

shall be conducted in accordance with the following

requirements:

1)

 The assessment monitoring shall be conducted

in

accordance with this subsection to collect

information to assess the nature and extent of

groundwater contamination,-.

 The owner or operator

of a

MSWLF

unit shall com~lvwith the additional

requirements prescribed in subsection

 (b) (5).

The

assessment monitoring which shall consist of, but

not be limited to, the following steps:

A)

 More frequent sampling of the wells in which

 the observation occurred;

B)

 More frequent sampling of any surrounding

wells;

C)

 The placement of additional monitoring wells

to determine the source and extent of the

contamination;

D)

 Monitoring of additional constituents that

might indicate the source and extent of

contamination; and

E)

 Any other investigative techniques that will

assist in determining the nature and extent

of the contamination.

2)

 The operator of the facility for which assessment

monitoring is required shall file the plans for an

assessment monitoring program with the Agency.

If

the facility is permitted by the Agency, then the

61

plans shall be filed for review as a significant

permit modification pursuant to 35 Ill.

 Adin. Code

813.Subpart B.

 The assessment monitoring program

shall be implemented within 90 days of

confirmation of any monitored increase in

accordance with subsection

 (a) (4)

or,

 in the case

of permitted facilities, within 90 days of Agency

approval.

.3)

 If the analysis of the assessment monitoring data

shows that the concentration of one or more

constituents, monitored at or beyond the zone of

attenuation is above the applicable groundwater

quality standards of Section 811.320 and is

attributable to the solid waste disposal facility,

 then the operator shall determine the nature and

extent of the groundwater contamination including

an assessment of the potential impact on the

groundwater should waste continue to be accepted

at the facility and shall implement remedial

action in accordance with subsection

 (d).

4)

 If the analysis of the assessment monitoring data

shows that the concentration of one or more

constituents is attributable to the solid waste

disposal facility and exceeds the maximum

allowable predicted concentration within the zone

of attenuation, then the operator shall conduct a

groundwater impact assessment in accordance with

the requirements of subsection

 (c).

~j

 In addition to the requirements of subsection

(b) (1). to collect information to assess the

nature and extent of groundwater contamination,

the following requirements are a~p1jcableto

MSWLF

units:

~j

 The monitoring of additional constituents

pursuant to

 (b) (1) (DI

 shall include, at a

minimum, the constituents listed in 40 CFR

258, Appendix II,

 incorporated by reference

at 35 Ill.

 Adm. Code 810.104.

BOARD

NOTE.

 Subsection

 (bI (5) (A)

 is derived from

40 CFR 258.55(b)

 (1992).

~j

 Within 14 days of obtaining the results of

sampling required under subsection

 (b) ~(5)(A),

the owner or oPerator shall:

62

JI

 place a notice in the operating record

identifying the constituents that have

been detected; and

£jJ

 notify the Agency that such a notice has

been placed in the operating record.

BOARD NOTE.

 Subsection

 (bI (5) (B)

 is derived

from 40 CFR 258.55(d)(1)

 (1992).

~j

 The owner or operator shall establish

background concentrations for any

constituents detected pursuant to subsectior~

(bI (5) (A)

 in accordance with Section

811.320(e)

BOARD NOTE.

 Subsection

 (b) (5) (CI

 is derived from

40 CFR 258.55(d)(3)

 (1992).

pj

 Within 90 days of the initial monitoring in

accordance with subsection

 (bI (5) (A)

•

the

owner or operator shall monitor for the

constituents listed in 40 CFR 258.Appendix II

on a semiannual basis during the assessment

monitoring.

BOARD NOTE.

 Subsection

 (b) (5) (D)

 is derived from

40 CFR 258.55(d)(2)

 (1992).

~j

 The owner or operator may request the Agency

to delete any of the of the 40 CFR

258.Apoendix II constituents by demonstrating

to the Agency that the deleted constituents

are_not reasonably expected to be in or

derived from the waste contained in the

leachate.

BOARD NOTE.

 Subsection

 (b) (5) (E)

 is derived from

40 CFR 258.55(b)

 (1992).

fi

 Within 14 days of finding an exceedance above

the applicable groundwater quality standards

in accordance with subsection

 (b) (3). the

owner or operator shall:

fl

 place a notice in the operating record

that identifies the constituents

monitored under subsection

 (b) (1) (D)

that have exceeded the groundwater

quality standard

63

iiL

 notify the Agency and the a~~ropriate

officials of the local municipality or

county within whose boundaries the site

is located that such a notice has been

placed in the operating record: and

iii) notify all persons who own land or

reside on land that directly overlies

any part of the plume of contamination

if contaminants have migrated off-site.

BOARD NOTE.

 Subsection

 (b) (5) (F)

 is derived

from 40 CFR 258.55(g) (1) (il through

 (iii)

(1992)

~j.

 If the concentrations of all 40 CFR

258.A~pendixII constituents are shown to be

at or below background values, using the

statistical procedures in Section 811.320(e),

for two consecutive sampling events, the

owner or operator shall notify the Agency of

this finding and may stop monitoring the 40

 CFR 258.Appendix II constituents.

BOARD NOTE.

 Subsection

 (b) (5) (GI

 is derived

from 40 CFR 258.55(e)

 (1992).

c)

 Assessment of Potential Groundwater Impact

An operator required to conduct a groundwater impact

assessment in accordance with subsection

 (b) (4)

 shall

assess the potential impacts outside the zone of

attenuation that may result from confirmed increases

above the maximum allowable predicted concentration

within the zone of attenuation, attributable to the

facility,

 in order to determine if there

 is need for

remedial action.

 In addition to the requirements of

Section 811.317, the following shall apply:

1)

 The operator shall utilize any new information

developed since the initial assessment and inform-

ation from the detection and assessment monitoring

programs and such information may be used for the

recalibration of the GCT model; and

2)

 The operator shall submit the groundwater impact

assessment and any proposed remedial action plans

determined necessary pursuant to subsection

 (d) to

the Agency within 180 days of the start of the

assessment monitoring program.

64

d)

 Remedial Action.

 The owner or operator of

 a MSWLF

unit shall conduct corrective action in accordance with

Sections 811.324.

 811.325. and 811.326.

 The owner or

operator of a landfill facility, other than a MSWLF

unit,

 shall conduct remedial action in accordance with

this subsection.

1)

 The operator shall submit plans for the remedial

action to the Agency.

 Such plans and all

supporting information including data collected

during the assessment monitoring shall be

submitted within 90 days of determination of

either of the following:

A)

 The groundwater impact assessment performed

in accordance with subsection

 (c), indicates

that remedial action is needed; or

B)

 Any confirmed increase above the applicable

groundwater quality standards of Section

811.320 is determined to be attributable to

the solid waste disposal facility in

accordance with subsection

 (b).

2)

 If the facility has been issued a permit by the

Agency, then the operator shall submit this

information as an application for significant

modification to the permit;

3)

 The operator shall implement the plan for remedial

action within 90 days of the following:

A)

 Completion of the groundwater impact

assessment under subsection

 (c) that requires

remedial action;

B)

 Establishing that a violation of an

applicable groundwater quality standard of

Section 811.320 is attributable to the solid

waste disposal facility in accordance with

 subsection

 (b)(3); or

C)

 Agency approval of the remedial action plan,

where the facility has been permitted by the

Agency.

4)

 The remedial action program shall consist of one

or a combination of one or more of the following

solutions:

A)

 Retrofit additional groundwater protective

measures within the unit;

B)

 Construct an additional hydraulic barrier,

such as a cutoff wall or slurry wall system;

C)

 Pump and treat the contaminated groundwater;

or

D)

 Any other equivalent technique which will

prevent further contamination of groundwater.

.5)

 Termination of the Remedial Action Program

A)

 The remedial action program shall continue in

accordance with the plan until monitoring

shows that the concentrations of all

monitored constituents are below the maximum

allowable predicted concentration within the

zone of attenuation, and below the applicable

groundwater quality standards of Section

811.320 at or beyond the zone of attenuation,

over a period of 4 consecutive quarters.

B)

 The operator shall submit to the Agency all

information collected under subsection

(d) (5) (A).

 If the facility is permitted then

the operator shall submit this information as

significant modification of the permit.

Section 811.320

 Groundwater Quality Standards

a)

 Applicable Groundwater Quality ‘Standards

1)

 Groundwater quality shall be maintained at each

constituent’s background concentration, at or

beyond the zone of attenuation.

 The applicable

groundwater quality standard established for any

constituent shall be:

A)

 The background concentration; or

B)

 The Board established standard adjusted by

the Board in accordance with the

justification procedure of subsection

 (b).

2)

 Any statistically significant increase above an

applicable groundwater quality standard

established pursuant to subsection

 (a) that is

attributable to the facility and which occurs at

or beyond the zone of attenuation within 100 years

after closure of the last unit accepting waste

within such a facility shall constitute a

violation.

66

3)

 For the purposes of this Part:

A)

 “Background concentration” means that

concentration of a constituent that is

established as the background in accordance

with subsection

 (d); and

B)

 “Board established standard” is the

concentration of

 a constituent adopted by the

Board as a standard for public and food

processing water supplies under 35 Ill. Adm.

Code 302 or as a groundwater quality standard

 adopted by the Board pursuant to Section 14.4

of the Act or Section 8 of the Illinois

Groundwater Protection Act, whichever is

lower.

b)

 Justification for Adjusted Groundwater Quality

Standards

1)

 An operator may petition the Board for an adjusted

groundwater quality standard in accordance with

the procedures specified in Section 28.1 of the

Act and

35

 Ill. Adm. Code 106.410 through 106.416.

2)

 For groundwater which contains naturally occurring

constituents which meet the requirements of 35

Ill.

 Adm. Code 302.301,

 302.304, and 302.305, the

Board will specify adjusted groundwater quality

standards no greater than those of 35 Ill.

 Adin.

Code 302.301,

 302.304, and 302.305, upon a

demonstration by the operator that:

A)

 The change in standards will not interfere

with,

 or become injurious to, any present or

potential beneficial uses for such waters;

B)

 The change. in standards is necessary for

economic or social development, by providing

information including,

 but not limited to,

the impacts of the standards on the regional

economy,

 social disbenefits such as loss of

jobs or closing of landfills,

 and economic

analysis contrasting the health and

environmental benefits with costs likely to

be incurred in meeting the standards; and

C)

 All technically feasible and economically

 reasonable methods are being used to prevent

the degradation of the groundwater quality.

3)

 Notwithstanding subsection

 (b)(2).

 in no case

shall the Board specify adiusted groundwater

quality standards for a

MSWLF

unit greater than

the levels set forth below:

Chemical

 Concentration

kIng

I

11

Arsenic

 0.05

Barium

Benzene

 0.005

Cadmium

 0.01

Carbon tetrachloride

 ~Q05

Chromium

 (hexavalent)

 0.05

2.4—Dichiorophenoxy acetic acid

1.4—Dichlorobenzene

 0.075

1.2—Dichloroethane

 0.005

1. 1-Dichloroethvlene

 0.007

Endrin

 0.0002

Fluoride

Lindane

 0.004

Lead

 0.0~5

MercurY

 0.002

Methoxvchlor

Nitrate

Selenium

 0.01

Silver

 0.05

Toxaphene

 0.005

1

•

1-Trichloromethane

Trichloroethylene

 0.005

2,4,5—Trichlorophenpxv acetic acid

 0.01

Vinyl Chloride

 0.002

~4)

 For groundwater which contains naturally occurring

constituents which do not meet the standards of

35

Ill. Adm. Code 302.301, 302.304, and 302.305, the

Board will specify adjusted groundwater quality

standards, upon a demonstration by the operator

that:

A)

 The groundwater does not presently serve as a

source of drinking water;

B)

 The change in standards will not interfere

with,

 or become injurious to, any present or

potential beneficial uses for such waters;

C)

 The change in standards is necessary for

economic or social development, by providing

information including, but not limited to,

68

the impacts of the standards on the regional

economy,

 social disbenefits such as loss of

jobs or closing of landfills, and economic

analysis contrasting the health and

environmental benefits with costs likely to

be incurred in meeting the standards; and

D)

 The groundwater cannot presently, and will

not in the future,

 serve as a source of

drinking water because:

i)

 It is impossible to remove water in

usable quantities;

ii)

 The groundwater is situated at a depth

or location such that recovery of water

for drinking purposes is not techno-

logically feasible or economically

reasonable;

iii) The groundwater is so contaminated that

it would be economically or technologi-

cally impractical to render that water

fit for human consumption;

iv)

 The total dissolved solids content of

the groundwater is more than 3,000 mg/i

and that water will not be used to serve

a public water supply system;

or

v)

 The total dissolved solids content of

the groundwater exceeds 10,000 mg/i.

c)

 Determination of the Zone of Attenuation

1)

 The zone of attenuation, within which

concentrations of constituents in leachate

discharged from the unit may exceed the applicable

groundwater quality standard of this Section,

 is a

volume bounded by a vertical plane at the property

boundary or 100 feet from the edge of the unit,

whichever is less, extending from the ground

surface to the bottom of the uppermost aquifer and

excluding the volume occupied by the waste.

2)

 Zones of attenuation shall not extend to the an-

nual high water mark of navigable surface waters.

3)

 Overlapping zones of attenuation from units within

a single facility may be combined into a single

69

zone for the purposes of establishing a monitoring

network.

d)

 Establishment of Background Concentrations

1)

 The initial monitoring to determine

 background

concentrations shall commence during

the

hydrogeological assessment required by Section

811.315.

 The background concentrations for those

 parameters identified in Sections

 811.315(e) (1) (G)

and 811.319(a) (2) and

(a)

 (3) shall be established

based on quarterly sampling of wells for

 one year,

monitored in accordance with

the

requirements of

subsections

 (d)(2),

 (d)(3)

and

 (d)(4), which

may

be adjusted during the operation of a facility.

Statistical tests and procedures shall

be

employed,

 in accordance with subsection

 (e),

depending on the number,

type

and frequency of

samples collected from the wells,

 to establish the

background concentrations.

 Adjustments to the

background concentrations shall be made only if

changes in the concentrations of constituents

observed in upgradient wells over time are

determined,

 in accordance with subsection

 (e), to

be statistically significant.

 Background

concentrations determined in accordance with

this

subsection shall be used for the purposes of

establishing groundwater quality standards,

in

accordance with subsection

 (a).

 The operator

shall prepare a list of the background

concentrations established in accordance with this

subsection.

 The operator shall maintain such a

 list at the facility, shall submit a copy of the

list

to the Agency for establishing standards in

accordance with subsection (a), and shall provide

updates to the list within ten days of any change

to the list.

 A network of monitoring wells shall be established

upgradient from the unit, with respect to

groundwater flow,

 in accordance with the following

standards,

 in order to determine the background

concentrations of constituents in the groundwater:

A)

 The wells shall be located at such a distance

that discharges of contaminants from the unit

will not be detectable;

B)

 The wells shall be sampled at the same

frequency as other monitoring points to pro-

vide continuous background concentration

data, throughout the monitoring period; and

70

C)

 The wells shall be located at several depths

to provide data on the spatial variability.

3)

 A determination of background concentrations may

include the sampling of wells that are not

hydraulically upgradient of the waste unit where:

A)

 Hydrogeologic conditions do not allow the

owner or operator to determine what wells are

hydraulically upgradient of the waste; and

B)

 Sampling at other wells will provide an

indication of background concentrations that

is representative of that which would have

 been provided by upgradient wnlls.

4)

 If background concentrations cannot be determined

on site, then alternative background

concentrations may be determined from actual

monitoring data from the aquifer of concern, which

includes, but is not limited to, data from another

landfill site that overlies the same aquifer.

e)

 Statistical Analysis of Groundwater Monitoring Data

1)

 Statistical tests shall be used to analyze

groundwater monitoring data.

 One or more of the

normal theory statistical tests listed in

subsection

 (e) (4)

 shall be chosen first for

analyzing the data set or transformations of the

data set.

 Where such normal theory tests are

demonstrated to be inappropriate, tests listed in

subsection

 (e) (5)

 or a test in accordance with

subsection

 (e) (6)

 shall be used.

 Any statistical

test chosen from subsections

 (e) (4) or

 (e) (5), the

level of significance

 (Type

 1 error level)

 shall

be no less than 0.01, for individual well

comparisons, and no less than 0.05,

 for multiple

well comparisons.

 The statistical analysis shall

include, but not be limited to, the accounting of

data below the detection limit of the analytical

‘method used,

 the establishment of background

concentrations and the determination of whether

statistically significant changes have occurred

in:

A)

 The concentration of any chemical constituent

with respect to the background concentration

or maximum allowable predicted concentration;

and

B)

 The established background concentration of

any chemical constituents over time.

2)

 The statistical test or ‘tests used shall be based

upon the sampling and collection protocol of

Sections 811.318 and 811.319.

3)

 Monitored data that are below the level of

detection shall be reported as not detected (ND).

The level of detection for each constituent shall

be the minimum concentration of that constituent

which can be measured and reported with 99 percent

confidence that the true value is greater than

zero, which is defined as the method detection

limit

 (MDL).

 The following procedures shall be

used to analyze such data, unless an alternative

procedure in accordance with subsection

 (e) (6),

is

shown to be applicable:

A)

 Where the percentage of nondetects in the

data base used is less than 15 percent, the

operator shall replace ND5 with the

MDL

divided by two, then proceed with the use of

one or more of the Normal Theory statistical

tests listed in subsection

 (e) (4);

B)

 Where the percentage of nondetects in the

data base or data transformations used is

between 15 and 50 percent, and the data are

normally distributed, the operator shall use

Cohen’s adjustment to the sample mean and

standard deviation,

 followed by one or more

of the tests listed in subsection

 (e) (4) (C).

However, where data are not normally

distributed, the operator shall use an

applicable nonparainetric test from subsection

(e) (5);

C)

 Where the percentage of nondetects in the

database used is above 50 percent, then the

owner or operator shall use the test of

proportions listed in subsection

 (e)(4).

4)

 Normal theory statistical tests

:

A)

 Student t-test

 including, but not limited to,

Cochran’s Approximation to the Behren-Fisher

(CABF)

 t-test and Averaged Replicate

 (AR) t—

test.

B)

 Parametric analysis of variance (ANOVA)

followed by one or more of the multiple

72

comparison procedures including, but not

limited to,

 Fisher’s Least Significant

Difference (LSD), Student Newman-Kuel

procedure, Duncan’s New Multiple Range Test

and Tukey’s W procedure.

C)

 Control Charts, Prediction Intervals and

Tolerance Intervals,

 for which the type

I

error levels shall be specified by the Agency

in accordance with the requirements of 35

Ill. Adm. Code 724.197(i).

5)

 Nonparametric statistical tests shall include:

Mann-Whitney U-test, Kruskal-Wallis test,

a

nonparametric analysis of variance (ANOVA)

for

multiple comparisons or the Wilcoxori Rank Sum

test.

6)

 Any other statistical test based on the

distribution of the sampling data may be used,

if

it is demonstrated to meet the requirements of 35

Ill.Adm Code 724.197(i).

BOARD NOTE.

 Subsection

 (b) (3)

 is derived from 40 CFR

258.40 Table

1.

 (1992).

Section 811.323

 Load Checking Program

a)

 The operator shall implement a load checking program

that meets the requirements of this Section, for

detecting and discouraging attempts to dispose

regulated hazardous wastes at the facility.

For

purposes of this Section and Section 811.406,

“regulated hazardous wastes” are wastes defined as such

under RCRA,

 at 35 Ill.

 Adin.

 Code 721, and subject to

regulations under 35 Ill. Adm. Code:

 Subtitle G.

b)

 In addition to checking for hazardous waste in

accordance with subsection

(a)

•

 the load checking

program at a MSWLF unit shall include waste load

inspection for detecting and discouraging attempts to

dispose “polychiorinated biphenyl wastes” as defined in

40 CFR 761.3

 (1992).

BOARD NOTE.

 Subsection

 (b) i~derivedfrom 40 CFR

258.20(a)

(1992).

~)

 The load checking program shall consist of, at a

minimum, the following components:

1)

 Random inspections

73

A)

 An inspector designated by the facility shall

examine at least three random loads of solid

waste delivered to the landfill on a random

day each week.

 The drivers randomly selected

by the inspector shall be directed to

discharge their loads at a separate,

designated location within the facility.

The

facility shall conduct a detailed inspection

of the discharged material for any regulated

hazardous, or other unacceptable wastes that

may be present.

 Cameras or other devices may

be used to record the visible contents of

solid waste shipments.

 Where such devices

are employed, their use should be designated

on a sign posted near the entrance to the

facility.

B)

 If regulated hazardous wastes or other

unacceptable wastes are suspected, the

facility shall communicate with the

generator,

 hauler or other party responsible

for shipping the waste to the facility to

determine the identity of the waste.

2)

 Recording inspection results

Information and observations derived from each

random inspection shall be recorded in writing and

retained at the facility for at least three years.

 The recorded information shall include, at a

minimum, the date and time of the inspection; the

names of the hauling firm and the driver of the

vehicle; the vehicle license plate number; the

source of the waste,

 as stated by the driver; and

observations made by the inspector during the

detailed inspection.

 The written record shall be

signed by both the inspector and the driver.

3)

 Training

The solid waste management facility shall train

designated inspectors, equipment operators, weigh

station attendants,

 spotters at large facilities,

and all other appropriate facility personnel in

the identification of potential sources of

regulated hazardous wastes and other unacceptable

wastes.

 including but not limited to PCBs.

The

training program shall emphasize familiarity with

containers typically used for regulated hazardous

wastes and with labels for regulated hazardous,

wastes,

 under RCRA,

 and for hazardous materials

74

under the Hazardous Materials Transportation Act

(49 U.S.C.

 1801 et seq.).

ed)

 Handling Regulated Hazardous Wastes

1)

 If any regulated hazardous wastes are identified

by random load checking, or are otherwise

discovered to be improperly deposited at the

facility, the facility shall promptly notify the

Agency, the person responsible for shipping the

 wastes to the landfill, and the generator of the

wastes,

 if known.

 Waste loads identical to the

regulated hazardous waste identified through the

random load checking which have not yet been

deposited in the landfill shall not be accepted.

The area where the wastes are deposited shall

immediately be cordoned off from public access.

The solid waste management facility shall assure

the cleanup, transportation and disposal of the

waste at a permitted hazardous waste management

facility.

2)

 The party responsible for transporting the waste

to the solid waste management facility shall be

responsible for the costs of such proper cleanup,

transportation and disposal.

3)

 Subsequent shipments by persons or sources found

or suspected to be previously responsible for

shipping regulated hazardous waste shall be

subject to the following special precautionary

measures prior to the solid waste management

facility accepting wastes.

 The operator shall use

precautionary measures such as questioning the

driver concerning the waste contents prior to

discharge and visual inspection during the

discharge of the load at the working face or

elsewhere.

Section 811.324

 Corrective Action Measures for MSWLF Units

~j

 The owner or operator shall initiate an assessment of

corrective action measures within 14 days of the

following:

fl

 The groundwater impact assessment, performed in

 accordance with subsection 811.319

 (c). indicates

that remedial action is needed; or

21

 The assessment monitoring, performed in accordance

with subsection 811.319(b).

 indicates that a

confirmed increase above the applicable

75

groundwater quality standards of Section 811.320

is attributable to the solid waste disposal

facility.

~

 The owner or operator shall

 coiflilete the corrective

action assessment within 90 days of initiating the

assessment of corrective action measures in accordance

with subsection

 (a).

~j

 The owner

 or operator shall continue to monitor in

accordance with the assessment monitoring program. as

specified in Section 811.319(b).

~j

 The assessment shall include an analysis of the

effectiveness of various potential corrective action

measures in meeting all of the requirements and

obiectives of the remedy.

 as described under Section

811.325, addressing at least the followina:

fl

 The performance. reliability, ease of

implementation, and potential impacts of

a~pro~riatepotential remedies. including safety

impacts. cross—media impacts, and control of

exposure to any residual contamination

21

 The time required to begin and complete the

remedy

~j.

 The costs of remedy implementation; and

4j

 The institutional reauirements. such as State or

local permit reguirements or other environmental

or public health requirements. that may

substantially affect implementation of the

remedies.

~j.

 The owner or operator must discuss the results of the

corrective action measures assessment prior to the

selection of a remedy in a public meeting with

interested and affected parties.

 Prior to the public

meeting, the owner or operator of the MSWLF unit shall

submit to the Agency a report describing the results of

the corrective action measures assessment.

BOARD NOTE.

 Requirements of this Section are derived

from 40 CFR 258.56

 (1992).

Section 811.325

 Selection of remedy for MSWLF Units

~j

 Within 90 days of the completion of ‘the corrective

action measures assessment conducted under Section

811.324,

 the owner or operator of

 a MSWLF unit shall:

76

fl

 Select a remedy based on the assessment results

that,

 at a minimum, meets the requirements of

subsection

 (b); and

21

 Submit to the Agency an application for a

significant modification to the landfill permit

describing the selected remedy and how it meets

the_standards set forth in subsection

 (b).

~1

 Remedies selected under this Section must meet the

 following requirements:

fl

 They must be protective of human health and the

environment;

21

 They must attain the groundwater quality standards

prescribed at Section 811.320

fl

 They must control the sources of release so as to

reduce or eliminate,

 to the maximum extent

practicable,

 further releases of constituents

detected under the assessment monitoring into the

environment that may pose a threat to human health

or the environment; and

j)

 They must comply with standards for management of

wastes as specified in Section 811.326(d).

çj

 In selecting a remedy that meets the requirements of

subsection

 (b). the owner or operator shall consider

the following evaluation factors:

j,j

 The long— and short—term effectiveness and

protectiveness of the potential remedies, along

with the degree of certainty that the remedy will

prove successful based on consideration of the

following factors:

~j

 The magnitude of reduction of existing risks

~

 The magnitude of residual risks

 in terms of

likelihood of further releases due to waste

remaining following implementation of

 ‘a

remedy

~j.

 The type and degree of long—term management

reguired, including monitoring,

 operation.

and maintenance

QJ.

 Any short-term risks that might be posed to

 the community, workers,

 or the environment

during implementation of such a remedy.

77

including potential threats to human health

and the environment associated with

excavation, transportation, and redis~osalor

containment

~j

 The len~thof time until full protection is

achieved

fi

 Any potential for exposure of humans and

environmental receptors to remaining wastes.

considering the potential threat to human

health and the environment associated with

excavation, transportation,

 redisposal, or

containment

Qj

 The long-term reliability of engineering and

institutional controls; and

~j

 The potential need for replacement of the

remedy.

21

 The effectiveness of the remedy in controlling the

source to reduce further releases based on

consideration of the following factors:

~j

 The extent to which containment practices

will reduce further releases; and

~1

 The extent to which treatment technologies

may be used.

fl

 The ease or difficulty of implementing potential

remedies based on consideration of the following

types of factors:

~

 The degree of difficulty associated with

constructing the technology

~j

 The expected operational reliability of the

 technologies

~j

 The need to coordinate with and obtain

necessary approvals and permits from other

agencies

D1

 The availability of neOessary equipment and

specialists; and

~j

 The available capacity and location of needed

treatment,

 storage, and disposal services.

il

 The practicable capability of the owner or

operator to implement the remedies,

 including a

consideration of the technical and economic

capability.

~j

 The degree to which community concerns are

addressed by potential remedies.

~j.

 Schedule for implementing remedial action.

jj.

 The owner or operator shall specify as tart of th

selected remedy a schedule(s)

 for initiating and

completing remedial activities.

 Such a schedule

must require the initiation of remedial activitieE

within a reasonable period of time,

 taking into

consideration the factors set forth in subsectionE

(d) (3) (A) through

 (d) (3) (H).

21

 The Agency shall specify the time period for

initiating remedial action in the facility’s

permit.

~j

 The owner or operator shall consider the followinc

factors in determining the schedule of remedial

activities:

Al

 The extent and nature of contamination

~J

 The practical capabilities of remedial

technologies in achieving compliance with thE

groundwater quality standards established

under Section 811.320 and other obiectives

01

the remedy

~j

 The availability of treatment or disposal

capacity for wastes managed during

implementation of the remedy

Qj

 The desirability of utilizing technologies

that are not currently available, but which

may offer significant advantages over already

available technologies

 in terms of

effectiveness, reliability. safety.

or

ability to achieve remedial objectives

~j

 Any potential risks to human health and the

environment from exposure to contamination

prior to completion of the remedy

fi

 Any resource value of the aquifer including:

j).

 Any current and future uses

jjj

The

proximity

and

withdrawal

rate

users;

iii) The ground-water quantity and aualitv~

j~

 The potential damage to wildlife,

 crops.

vegetation,

 and physical structures

caused by exposure to waste constituent

yl

 The hydrogeologic characteristic of the

facility and surrounding land

iii

 The ground—water removal and treatment

 costs;

vii) The cost and availability of alternative

water supplies

Ql

 The practicable capability of the owner or

operator to implement the remedies; and

jft

 Any other relevant factors.

flj..

 The Aaencv shall determine that remediation of a

release of one or more constituents monitored in

accordance with Section 811.319 from a MSWLF unit is

not necessary if the owner or operator demonstrates to

the Agency that:

~j.

 The groundwater is additionally contaminated by

substances that have originated from a source

other than the

MSWLF

unit and those substances are

Present in such concentrations that cleanup of the

release from the

MSWLF

unit would provide no

significant reduction in risk to actual or

potential receptors: or

21

 The constituents are present in groundwater that:

Al

 Is not currently or reasonably expected to be

a source of drinking water; and

~

 Is not hydraulically connected with waters to

which the hazardous constituents are

migrating or are likely to migrate in

concentrations that would exceed the

groundwater quality standards established

under Section 811.320; or

~j

 The remediation of the release is technically

impracticable;

or

80

jj.

 The remediation results in unacceptable cross—

media impacts.

fi

 A determination by the Agency pursuant to subsection

(e)

 shall not affect the Agency’s authority to require

the owner or operator to undertake source control

measures or other measures that may be necessary to

eliminate or minimize further releases to the

groundwater. to prevent exposure to the groundwater.

or

to remediate the groundwater to concentrations that are

‘technically practicable and which reduce threats to

human health or the environment.

BOARD NOTE.

 The requirements of this Section are

derived from 40 CFR 258.57

 (1992).

Section 811.326

 Implementation of the corrective action

program at MSWLF Units

~j

 Based on the schedule established under section

811.325(d)

 for initiation and completion of corrective

action, the owner or operator shall:

jj

 Establish and implement a corrective action

groundwater monitoring program that:

Al

 At a minimum, meets the requirements of an

assessment monitoring program under Section

811.319(b)

~j

 Indicates the effectiveness of the remedy

and

Qj

 Demonstrates compliance with ground—water

protection standard pursuant to subsection

(e)

 of this Section.

21

 Implement the remedy selected pursuant to Section

811.325.

fl

 Take any interim measures necessary to ensure the

•protection of human health and the environment.

The Interim measures should, to the greatest

extent practicable, be consistent with the

ob-lectives of and contribute to the performance of

any remedy that may be reauired pursuant to

Section 811.325.

 The owner or operator shall

consider the following factors in determining

whether interim measures are necessary:

Al

 The time reguired to develop and implement a

final remedy:

81

~

 AnY actual or potential exposure of nearby

populations or environmental receptors to

hazardous constituents

~1

 Any actual or potential contamination of

drinking water supplies or sensitive

ecosystems

Qj

 Any further degradation of the groundwater

that_may occur if remedial action is not

initiated e~editiously

~j

 The weather conditions that may cause

hazardous constituents to miarate or be

released

fi

 Any risks of fire or explosion,

 or potential

for exposure to hazardous constituents as a

result of an accident or failure of a

container or handling system: and

Qj

 Any other situations that may pose threats to

human health and the environment.

~j

 If an owner or operator determines,

 based on

information developed after implementation of the

remedy has be~unor other information, that compliance

with requirements of Section 811.325(b)

 are not being

achieved through the remedy selected, the owner

or

operator shall:

fl

 Implement other methods or techniques that could

practicably achieve compliance with the

requirements, unless the owner or operator makes

the determination under subsection

(c)

 of this

Section.

21

 Submit to the Agency, prior to implementing any

alternative methods pursuant to subsection

 (b) (1)

an application for a significant modification to

the permit describing the alternative methods or

techniques and how they meet the standards of

Section 811.325(b).

~j

 If the owner or operator determines that compliance

with the requirements of Section 811.325(b)

 cannot be

practically achieved with any currently available

methods, the owner or operator shall:

fl

 Obtain the certification of a qualified

groundwater scientist or a determination by the

Agency that compliance with requirements under

82

Section 811.325(b)

 cannot be practically achieved

with any currently available methods.

21

 Implement alternative measures to control exposure

of humans or the environment to residual

contamination, as necessary to protect human

health and the environment.

21

 Implement alternative measures for control of the

sources of contamination, or for removal or

decontamination of equipment,

 units, devices, or

structures that are:

Al

 Technically practicable; and

~j

 Consistent with the overall oblective of the

remedy.

j)~.

 Submit to the Agency, prior to implementing the

alternative measures in accordance with subsection

(c). an application for a significant modification

to the permit -justifying the alternative measures.

~j.

 For purposes of this Section.

 a “qualified

groundwater scientist”

 is a scientist or an

engineer who has received a baccalaureate or

postgraduate degree in the natural sciences or

engineering and has sufficient training and

experience in groundwater hydrology and related

fields as may be demonstrated by state

registration, professional certifications,

or

completion of accredited university programs that

enable that individual to make sound professional

ludgements regarding groundwater monitoring.

contaminant fate and transport,

 and corrective

action.

~j

 All solid wastes that are manaaed pursuant to a remedy

required under Section 811.325,

 or pursuant to an

interim measure required under subsection

 (a) (3), shall

 be managed by the owner or operator in a manner:

fl

 That is protective of human health and the

environment; and

21

 That complies with a~~l1cablerequirements of Part

811.

~j

 Remedies selected pursuant to Section 811.325 shall be

considered complete when:

fl~.

 The owner or operator complies with the

aroundwater quality standards established under

Section 811.320 at all points within the plume of

contamination that lie beyond the zone of

attenuation established pursuant to Section

811.320

21

 Compliance with the aroundwater quality standards

established under Section 811.320 has been

achieved by demonstrating that concentrations of

the constituents monitored under the assessment

monitoring program under Section 811.319(b) have

not exceeded the groundwater quality standards for

a period of three consecutive years using the

statistical procedures and performance standards

in Section 811.320(e).

 The A~encvmay specify an

alternative time period during which the owner or

operator must demonstrate compliance with the

~roundwater quality standard(s).

 The Agency shall

specify such an alternative time period by

considering the following factors:

Al

 The extent and concentration of the

release(s):

~j

 The behavior characteristics of the hazardous

constituents in the ground—water

~çj

 The accuracy of monitoring or modeling

techniques.

 including any seasonal,

meteorological, or other environmental

variabilities that maY affect the accuracy

and

Qj

 The characteristics of the ground—water; and

21

 All actions required to complete the remedy have

been satisfied.

ZI

 Within 14 days of the completion of the remedy. the

owner_or operator shall submit to the Agency an

application for a significant modification of the

permit including a certification that the remedy has

been completed ~

 compliance with the requirements of

subsection

 (e).

 The certification must be signed by

the owner or operator and by a qualified ~roundwater

scientist.

gj

 UPon Agency review and approval of the certification

that the corrective action has been completed.

in

accordance with subsection

 (e), the Agency shall

84

release the owner or operator from the financial

assurance requirements for corrective action pursuant

to Subpart G of this Part.

BOARD NOTE.

 Requirements of this Section are derived

from 40 CFR 258.58

 (1992).

SUBPART

G:

 FINANCIAL ASSURANCE

Section 811.700

 Scope, Applicability and Definitions

a)

 This Subpart provides procedures by which the owner or

operator of a permitted waste disposal facility

provides financial assurance satisfying the

requirements of Section 21.1(a) of the Act.

b)

 Financial assurance may be provided, as specified in

Section 811.706, by a trust agreement,

 a bond

guaranteeing payment,

 a bond guaranteeing payment or

performance,

 a letter of credit, insurance or self—

insurance.

 The owner or operator shall provide

financial assurance to the Agency before the receipt of

the waste.

c)

 Except as provided in subsection ~f1, this Subpart does

not apply to the State of Illinois, its agencies and

institutions,

 or to any unit of local government;

provided, however, that any other persons who conduct

such a waste disposal operation on a site that is owned

or operated by such a governmental entity shall provide

financial assurance for closure and postclosure care of

the site.

d)

 The owner or operator is not required to provide

financial assurance pursuant to this Subpart if the

owner or operator demonstrates:

1)

 That closure and postclosure care plans filed

pursuant to 35

 Ill. Adm. Code 724 or 725 will

result in closure and postclosure care of the site

in accordance with the requirements of this Part;

and

2)

 That the owner or operator has provided financial

 assurance adequate to provide for such closure ~-~d

postclosure care pursuant to 35 Ill. Adm. Code 7~4

or 725.

e)

 Definition:

 “Assumed closure date” means the date

during the next permit term on which the costs of

premature final closure of the facility,

 in accordance

with the standards of this Part, will be greatest.

85

ZI

 On or after April

9,

 1995.

 no person,

 other than the

State of Illinois.

 its agencies and institutions, shall

conduct any disposal operation at a MSWLF unit that

requires a permit under subsection

(d)

 of section 21 of

the Act, unless that person comPlvs with the financial

assurance requirements of this Part.

gj

 The standards adoPted in this subPart that are

identical in substance to the federal Subtitle

D

•requlations that are individually indicated as

a~plicab1eto

NSWL

units shall not a~~lvto such units

until April

9.

 1995.

BOARD NOTE.

 Subsection

 (f) clarifies the applicability of

the financial assurance reauirements to local aovernments

since the Subtitle D regulations exempt only federal and

state governments from financial assurance requirements

(40

CFR 258.70

 (1992)).

BOARD NOTE:

 The compliance dates specified In subsections

 (f) and

(g)

 reflect the revisions adopted by the USEPA in

the Federal Register Notification published on October

1.

1993

 (see 58 FR 51536)

Section 811.701

 upgrading Financial Assurance

a)

 The owner or operator shall maintain financial

assurance equal to or greater than the current cost

estimate calculated pursuant to Section 811.704 at all

times, except as otherwise provided by subsection

 (b).

b)

 The owner or operator shall increase the total amount

of financial assurance so as to equal the current cost

estimate within 90 days after any of the following

occurrences:

1)

 An increase in the current cost estimate;

2)

 A decrease in the value of a trust fund;

3)

 A determination by the Agency that an owner or

operator no longer meets the gross revenue test of

Section 811.715(d)

 or the financial test of

Section 811.715(e);

or,

4)

 Notification by the owner or operator that the

owner or operator intends to substitute

alternative financial assurance,

 as specified in

Section 811.706,

 for self—insurance.

~j

 The owner or operator of a MSWLF unit shall annually

make ad-iustments for inflation if reauired pursuant to

Section 811.704(k) (2)

 or 811.705(d).

Section 811.702

 Release of Financial Institution

The Agency shall release a trustee, surety, insurer or other

financial institution when:

a)

 An owner or operator substitutes alternative financial

assurance such that the total financial assurance for

the site is equal to or greater than the current cost

estimate, without counting the amounts to be released;

or

b)

 The Agency releases the owner or operator from the

requirements of this Subpart pursuant to 35 Ill.

 Adin.

Code 813.403(b).

Section 811.703

 Application of Proceeds and Appeals

a)

 The Agency may sue in any court of competent

jurisdiction to enforce its rights under financial

instruments.

 The filing of an enforcement action

before the Board

 is not a condition precedent to such

an Agency action, except when this Subpart or the terms

of the instrument provide otherwise.

b)

 As provided in Titles VIII and IX of the Act and 35

Ill. Adm. Code 103 and 104, the Board may order

modifications in permits to change the type or amount

of financial assurance pursuant to an enforcement

action or a variance petition.

 Also, the Board may

order that an owner or operator modify a closure or

postclosure care plan or order that proceeds from

financial assurance be applied to the execution of a

closure or postclosure care plan.

 The following Agency actions may be appealed to the

Board as a permit denial pursuant to 35 Ill. Adm. Code

105 and Section 21.5(e)

 of the Act:

1)

 A refusal to accept financial assurance tendered

by the owner or operator;

2)

 A refusal to release the owner or operator from

the requirement to maintain financial assurance;

3)

 A refusal to release excess funds from a trust;

4)

 A refusal to approve a reduction in the penal sum

of a bond;

5)

 •A refusal to approve a reduction in the amount of

a letter of credit;

6)

 A refusal to approve a reduction in the face

amount of an insurance policy; or

7)

 A determination that an owner or operator no

longer meets the gross revenue test or financial

test.

Section 811.704

 Closure and Postclosure Care and Corrective

Action Cost Estimates

a)

 Written cost estimate.

 The owner or operator shall

have a written estimate of the cost of closure of all

parts of the facility where wastes have been deposited

in accordance with the requirements of this Part; the

written closure plan, required by Section 811.110 and

35 Ill.

 Adm. Code 812.114; and the cost of postclosure

care and plans required by this Part and the written

postclosure care plans required by 35 Ill.

 Adm. Code

812.115.

 The cost estimate is the total cost for

closure and postclosure care.

b)

 The owner or operator shall revise the cost estimate

 whenever a change

 in the closure plan or postclosure

care plan increases the cost estimate.

c)

 The cost estimate must be based on the steps necessary

for the premature final closure of the facility on the

assumed closure date.

d)

 The cost estimate must be based on the assumption that

the Agency will contract with a third party to

implement the closure plan.

e)

 The cost estimate may not be reduced by allowance for

the salvage value of equipment or waste,

 for the resale

value of

 land,

 or for the sale of landfill gas.

f)

 The cost estimate must,

 at a minimum,

 include all costs

for all activities necessary to close the facility in

accordance with all requirements of this Part.

g)

 ExcePt for a

MSWLF

unit, ~he

 postclosure monitoring

and maintenance cost estimate must be prepared:

1)

 On the basis of the design period for each unit at

a facility, assuming operations will cease on the

assumed closure date;

and

2)

 Reduced to present value,

 as follows:

A)

 Based on a

 4 percent discount rate;

B)

 Without allowing for inflation;

C)

 Over a period including the time remaining

until the assumed closure date, plus the

postclosure care period;

h)

 The postclosure care cost estimate must, at a minimum,

be based on the following elements in the postclosure

care plan:

1)

 Groundwater monitoring, based on the number of

monitoring points and parameters and the frequency

of sampling specified in the permit.

2)

 The annual Cost of Cover Placement and

Stabilization, including an estimate of the annual

residual settlement and erosion control and the

cost of mowing.

3)

 Alternative Landfill Gas Disposal.

 If landfill

gas

 is transported to an off—site processing

system, then the owner or operator shall include

in the cost estimate the costs necessary to

operate an on-site gas disposal system, should

access to the off—site facility become

unavailable.

 The cost estimate must include the

following information:

 installation, operation,

maintenance and monitoring of an on—site gas

disposal system.

4)

 Cost Estimates Beyond the Design Period.

 When a

facility must extend the postclosure care period

beyond the applicable design period,

 •the cost

estimate must be based upon such additional time

and the care activities occurring during that

time.

i)

 This Section does not authorize the Agency to require

the owner or operator to perform any of the indicated

activities upon which cost estimates are to be based;

however,

 if the’ site permit requires a closure

 activity, the ~wner or operator shall include the cost

of that activity in the cos’L. estimate.

j)

 Once the owner or operator has completed an activity,

the owner or operator may file an application for

significant permit modification pursuant to 35 Ill.

Adm.

 Code 813.201 indicating that the activity has been

completed,

 and zeroing that element of the cost

estimate.

~çj

 Cost estimate for corrective action at

MSWLF

units.

fl

 An owner or operator of a MSWLF unit required to

undertake a corrective action program pursuant to

Section 811.326 shall have a detailed written

estimate.

 in current dollars, of the cost of

hiring a third PartY to perform the corrective

action in accordance with the Section 811.326.

The corrective action cost estimate must account

for the total costs of corrective action

activities as described In the corrective action

plan for the entire corrective action period.

The

owner or oPerator shall notify the Aaencv that the

estimate has been placed in the operating record~.

21

 The owner or operator must annually ad-lust the

estimate for inflation until the corrective action

program is completed in accordance with Section

811.326(f).

~j.

 The owner or operator must increase the corrective

 action cost estimate and the amount of financial

assurance provided under paragraph

fbi

 of this

section

 if changes

 in the corrective action

program or MSWLF unit conditions increase the

maximum costs of corrective action.

il

 The owner or operator maY reduce the amount of the

corrective action cost estimate and the amount of

financial assurance provided pursuant to

subsections

 (k) (5) and

 (k) (6)

 of this section if

the cost estimate exceeds the maximum remaining

costs of corrective action.

 The owner or oPerator

shall notify the Agency that the lustification for

the reduction of the corrective action cost

estimate and the amount of financial assurance has

been ~1aced in the operating record.

~j

The

owner

or operator of each MSWLF unit reaulred

to undertake a corrective action program under

Section 811.326 shall establish,

 in accordance

with Section 811.706. financial assurance for the

most recent corrective action program.

~

 The owner or operator shall provide continuous

coverage for corrective action until released from

the financial assurance requirements for

corrective action by demonstrating compliance with

Section 811.326

 (fi and

(g).

90

BOARD NOTE.

 Subsection

(k)

 is derived from 40 CFR

258.73

 (1992).

Section 811.705

 Revision of Cost Estimate

a)

 The owner or operator shall revise the current cost

estimates for closure and postclosure care in each new

application for permit renewal or where a facility

modification results in an increase of the cost

estimate.

b)

 The owner or operator shall review the closure and

postclosure care plans prior to filing a revised cost

estimate in order to determine whether they are

consistent with current operations, and the

requirements of this Subchapter.

 The owner or operator

shall either certify that the plans are cons&stent, or

shall file an application incorporating new plans

pursuant to 35

 Ill.

 Adm. Code 813.

c)

 The owner or operator shall prepare new closure and

postclosure cost estimates reflecting current prices

for the items included in the estimates when submitting

any new application for permit renewal.

 The owner or

operator shall file revised estimates even if the owner

or operator determines that there are no changes in the

prices.

~J

 The owner or operator of a MSWLF unit shall adiust the

cost estimates of closure,

 postclosure, and corrective

action for inflation on an annual basis during the

following time period:

fl

 The active life of the unit for closure

21

 The active life and postclosure care period,

for

postclosure; or

fl

 until the corrective action program is completed

in accordance with Section 811.326. for corrective

•

 action.

BOARD NOTE.

 Subsection

(di

 is derived from 40 CFR

258.71(a) (2)

 (1992)

Section 811.706

 Mechanisms for Financial Assurance

~j

 The owner or operator of a waste disposal site may

utilize any of the following mechanisms listed in

subsections

 (a) (1) through

 (a) (6) to provide financial

assurance for closure and postclosure care, and for

corrective action at a MSWLF unit.

 An owner or

91

operator of a

NSWLF

unit shall also meet the

reguireinents of subsections

 (bY.

 (c) and

 (d).

The

mechanisms are as follows:

al)

 A trust Fund (Section 811.710);

~)

 A surety Bond Guaranteeing Payment

 (Section

811.711);

e~) A surety Bond Guaranteeing Performance

 (Section

811.712);

8~) A letter of Credit (Section 811.713);

e~) Closure Insurance (Section 811.714); or

#6)

 Self-insurance (Section 811.715).

~j

 The owner or operator of a MSWLF unit shall ensure that

the language of the mechanisms listed in subsection

(a), when used for providing financial assurance for

closure, postclosure.

 and corrective action. satisfies

the following:

fl

 The amount of funds assured is sufficient to cover

the costs of closure. cost—closure care. and

corrective action;

and

21

 The funds will be available in a timely fashion

when needed.

~j

 The financial assurance mechanisms shall be

le~a1lvvalid, binding, and enforceable under

state and federal law.

çl

 The owner or operator of a

MSWLF

unit shall provide

financial assurance utilizing one or more of the

mechanisms listed in subsection

 (a) within the

following dates:

fl

April

9.

1995

 (the effective date of these

requirements) or prior to the initial receipt of

solid waste. whichever is later,

 in the case of

closure and post—closure care;

or

21

 No later than 120 days after the remedy has been

selected in accordance with the requirements of

Section 811.325,

 in the case of corrective action.

The owner or operator shall provide continuous

coverage until the owner or operator

 is released from

92

the financial assurance requirements pursuant to 35

Ill.

 Adm. Code 813.403(b) or Section 811.326.

 Board Note.

 Subsections

 (bi and

 (c) are derived from

40 CFR 258.74(1)

 (1992).

Section 811.707

 Use of Multiple Financial Mechanisms

An owner or operator may satisfy the requirements of this Subpart

by establishing more than one financial mechanism per site.

These mechanisms are limited to trust funds, surety bonds

guaranteeing payment, letters of credit .and insurance.

The

mechanisms must be as specified in 35 Ill. Adm. Code 811.710,

811.711,

 311.713 and 811.714, respectively, except that it is the

combination of mechanisms, rather than the single mechanism,

which must provide financial assurance for an amount at least

equal to the current cost estimate.

 The owner or operator may

use any or all of the mechanisms to provide for closure and

postclosure care of the site or corrective action.

Section 811.708

 Use of a Financial Mechanism for Multiple

Sites

An owner or operator may use a financial assurance mechanism

specified in this Subpart to meet the requ-irements of this

Subpart for more than one site.

 Evidence of financial assurance

submitted to the Agency must include a list showing,

 for each

site, the name,

 address and the amount of funds assured by the

mechanism.

 The amount of funds available through the mechanism

must be no less than the sum. of funds that would be available if

a separate mechanism had been established and maintained for each

 site.

 The amount of funds available to the Agency must be

sufficient to close and provide postclosure care for all of the

owner or operator’s sites.

 In directing funds available through

a single mechanism for the closure and postclosure care of any

single site covered by that mechanism,

 the Agency shall direct

only that amount of funds designated for that site,

 unless the

owner or operator agrees to ‘the use of additional funds available

under that mechanism.

••

Section 811.709

 Trust Fund for Unrelated Sites

Any person

 -‘nay establish a trust fund for the benefit of the

Agency which may receive funds from more than one owner or

operator for closure of different sites.

 Such a trust fund must

operate like the trust fund specified in 35 Ill.

 Adin.

 Code

807.710, except as follows:

a)

 The trustee shall maintain a separate account for each

site and shall evaluate such annually as of the day of

creation of the trust;

b)

 The trustee shall annually notify each owner or

operator and the Agency of the evaluation of each owner

or operator’s account;

c)

 The trustee shall release excess funds as required from

the account for each site;

d)

 The trustee shall reimburse the owner or operator or

other person authorized to perform closure or

postclosure care only from the account for that site.

e)

 The Agency may direct the trustee to withhold payments

only from the account for the site for which it has

determined the cost of closure and postclosure care

will be greater than the value of the account for that

site pursuant to Section 811.710(g) (3).

Section 811.710

 Trust Fund

a)

 An owner or operator may satisfy the requirements of

this Subpart by establishing a trust fund which

conforms to the requirements of this Section and

submitting an original signed duplicate of the trust

agreement to the Agency.

b)

 The trustee shall be an entity which has the authority

to act as a trustee and:

1)

 Whose

trust operations are examined by the

Illinois Commissioner of Banks and Trust Companies

pursuant to the Illinois Banking Act

 (Ill.

 Rev.

Stat.

 19&91,

ch.

 17, pars.

 301 et seq.

 1205 ILCS

5/1 et seg.1)

or

2)

 Who complies with the Corporate Fiduciary Act

(Ill. Rev. Stat.

 1989,

ch.

 17, pars.

 1551—1 et

seq.

205

 ILCS 620/1—1 et se~.1).

c)

 The trust agreement must be on the forms specified in

Appendix A, Illustration A, and the trust agreement

must be accompanied by a formal certification of

acknowledgment,

 on the form specified in Appendix A,

Illustration B.

d)

 Payments into the trust:

1)

 ~or closure and post closure care:

~A)

 The owner or operator shall make a payment

into the trust fund each year during the pay-

in period.

94

~)

 The pay-in period is the number of years

remaining until the assumed closure date.

3~) Annual payments are determined by the

following formula:

Annual payment

 (CE-CV)/Y

where:

CE

 Current cost estimate

CV

 Current value of the trust fund

Y

 Number of years remaining in the pay in

period.

4~) The owner or operator shall make the first

annual payment prior to the initial receipt

of waste for disposal.

 The owner or operator

shall also,

 prior to such initial receipt of

waste,

 submit to the Agency a receipt from

the trustee for the first annual payment.

~)

 Subsequent annual payments must be made no

later than 30 days after each anniversary of

the first payment.

6F)

 The owner or operator may accelerate payments

into the trust fund, or may deposit the full

amount of the current cost estimate at the

time the fund is established.

~)

 An owner or operator required to provide

 additional financial assurance for an

increase in the cost estimate because of an

amendment to this Subchapter may provide such

additional financial assurance pursuant to

this subsection.

 The owner or operator may

provide the increase by contributing to a new

or existing trust fund pursuant to this

Section.

 Subsection

 (d) (2) notwithstanding,

the pay-in period for such additional

•

 financial assurance shall be not less’ than

three years.

21

 For corrective action at

MSWLF

units:

Al

 The owner or operator shall make payments

into the trust fund annually over one—half of

the estimated length of the corrective action

program in the case of corrective action for

known releases.

 This period is referred to

as the pay-in period.

~l

 The owner or operator shall make the first

payment into the trust fund eaual to at least

one-half of the current cost estimate for

corrective action divided by the number of

years in the corrective action pay—in period~

as defined in subsection

 (dl (2) (A)

 of this~

section.

 The amount of subse~entpayments

must be determined by the following formula:

Next payment

 (RB-CV) /Y

where:

RB

 Most recent estimate of the

required trust fund balance

for corrective action (i.e.,

the total costs that will be

incurred during the second

half of the corrective action

period);

CV

 Current value of the trust

fund; and

~

 Number of years remaining in

the pay-in period.

~j

 The owner or operator shall make the initial

payment

into the trust fund no later than 120

days after the remedy has been selected in

accordance with the requirements of Section

811. 325.

Board Note.

 Chan~esto subsection

 (dl are

derived from 40 CFR 258.74

 (a)(21,

 (p1(4),

and

 (a)(5)

 (1992).

e)

 The trustee shall evaluate the trust fund annually, as

of the day the trust was created or on such earlier

date as may be provided in the agreement.

 The trustee

shall notify the owner or operator and the Agency of

the value within 30 days after the evaluation date.

f)

 If the owner or operator of a

MSWLF

unit establishes a

trust fund after having used one or more alternative

mechanisms specified in this Subpart. the initial

payment into the trust fund must be at least the amount

that the fund would contain if the trust fund were

established initially and annual payments made

according to the specifications of this Section.

96

Board Note.

 Subsection

(f)

 is derived from 40 CFR

258.74

 (a)(6)

 (1992).

~g)

 Release of excess funds:

1)

 If the value of the financial assurance is greater

than the total amount of the current cost

estimate, the owner or operator may submit a

written request to the Agency for a release of the

amount in excess of the current cost estimate.

2)

 Within 60 days after receiving a request from the

owner or operator for a release of funds, the

Agency shall instruct the trustee to the owner or

operator such funds as the Agency specifies in

writing to be in excess of the current cost

estimate.

~1~) Reimbursement for closure~and postclosure care and

corrective action expenses:

1)

 After initiating closure or corrective action, an

owner or operator, or any other person authorized

to perform closure or postclosure care.21

corrective action, may request reimbursement for

closure or postclosure care or corrective action

expenditures, by submitting itemized bills to the

Agency.

2)

 Within 60 days after receiving the itemized bills

for closure or postclosure care activities~

corrective action, the Agency shall determine

whether the expenditures are in accordance with

•

 the closure or postclosure care or corrective

action plan.

 The Agency shall instruct the

trustee to make reimbursement in such amounts as

the Agency specifies in writing as expenditures in

accordance with the closure or postclosure care~

corrective action plan.

3)

 If the Agency determines, based on such

information as is available to it, that the cost

of closure and postclosure care or corrective

action will be greater than the value of the trust

fund,

 it shall withhold reimbursement of such

amounts as it determines are necessary to preserve

the fund in order to accomplish closure and

postclosure care or corrective action until it

determines that the owner or operator is no longer

required to maintain financial assurance for

closure and postclosure care or corrective action.

In the event the fund is inadequate to pay all

97

claims, the Agency shall pay claims according to

the following priorities:

A)

 Persons with whom the Agency has contracted

to perform closure or postclosure care~

corrective action activities

 (first

priority);

B)

 Persons who have completed closure or

postclosure care or corrective action

authorized bythe Agency (second priority);

C)

 Persons who have completed work which

furthered the closure or postclosure careQ~

corrective action (third priority);

D)

 The owner or operator and related business

 entities

 (last priority).

Section 811.711

 Surety Bond Guaranteeing Payment

a)

 An owner or operator may satisfy the requirements of

this Subpart by obtaining a surety bond which conforms

to the requirements of this Section and submitting the

bond to the Agency. A surety bond obtained bY an owner

or oPerator of a

MSWLF

unit must be effective before

the initial receipt of waste or before April

9.

1995

(the effective date of the financial assurance

requirements under RCRA Subtitle D regulations),

whichever is later.

 in the case of closure and

post—closure care,

 or no later than 120 days after the

remedy has been selected in accordance with the

requirements of Section 811.325.

b)

 The surety company issuing the bond shall be licensed

by the Illinois Department of Insurance pursuant to the

Illinois Insurance Code

 (Ill. Rev.

 Stat. 19~9j~,ch. 73,

pars.

 613 et seq.

 t215 ILCS 5/1 et seg.1)

 and approved

by the U.S. Department of the Treasury as an acceptable,

surety.

BOARD NOTE:

 The U.S. Department of the Treasury lists

acceptable sureties in its Circular 570.

c)

 The surety bond must be on the forms specified in

Appendix A, Illustration C, D or H.

d)

 Any payments made under the bond will be placed in the

landfill closure and postclosure fund within the State

Treasury.

e)

 Conditions:

98

1)

 The bond must guarantee that the owner or operator

will provide closure and postclosure care in

accordance with the approved closure and

postclosure care plans.

 If the facility is a

MSWLF unit, then the corrective action bond must

guarantee that the owner or operator will

implement corrective action in accordance with

Section 811.326.

2)

 The surety will become liable on the bond

obligation when, during the term of the bond, the

owner or operator tails to perform as guaranteed

by the bond.

 The owner or operator fails to

perform when the owner or operator:

A)

 Abandons the site;

B)

 Is adjudicated bankrupt;

C)

 Fails to initiate closure of the site or

postclosure care or corrective action when

ordered to do so by the Board pursuant to

Title VII of the Act, or when ordered to dc

so by a court of competent jurisdiction; e~

D)

 Notifies the Agency that it has initiated

closure or corrective action, or initiates

closure or corrective action, but fails to

close the site or provide postclosure care~

corrective action in accordance with the

closure and postclosure care or corrective

action plans--; or

El

 For a corrective action bond,

 fails to

implement corrective action at a MSWLF unit

in accordance with Section 811.326

f)

 Penal sum:

1)

 The penal sum of the bond must be in an amount at

least equal to the current cost estimate.

2)

 The Agency shall approve a reduction in the penal

sum whenever the current cost estimate decreases.

g)

 Term:

1)

 The bond must be issued for a term of at least

fiVe years and must not be cancelable during that

term.

2)

 If the owner or operator fails to provide

substitute financial assurance prior to expiration

of a bond, the term of the bond must be

automatically extended for one twelve—month period

starting with the date of expiration of the bond.

During such extension the bond will cease to serve

as financial assurance satisfying the requirements

of this Part,

 and will not excuse the owner or

operator from the duty to provide substitute

financial assurance.

3)

 The Agency shall release the surety if, after the

surety becomes liable on the bond, the owner or

operator or another person provides financial

assurance for closure and postclosure care of the

site or corrective action at a MSWLF unit, unless

the Agency determines that the closure or

postclosure care plan.

 corrective action program

at a MSWLF unit.

 or the amount of substituted

financial assurance is inadequate to provide

 closure and postclosure care or implement

corrective action in compliance with this Part.

h)

 Cure of default and refunds:

1)

 The Agency shall release the surety if, after the

surety becomes liable on the bond, the owner or

operator or another person provides financial

assurance for closure and postclosure care of the

site or corrective action at a

MSWLF

unit, unless

the Agency determines that the closure or

postclosure care plan,

 corrective action at a

MSWLF unit or the amount of substituted financial

assurance is inadequate to provide closure and

postclosure care or implement corrective action in

compliance with this Part.

2)

 After closure and postclosure care have been

completed in accordance with the plans and

requirements of this Part or after the completion

of corrective action at a MSWLF unit in accordance

Section 811.326, the Agency shall refund any

unspent money which was paid ~to

 the “Landfill

Closure

 arid Postclosure Fund”Agcncy by the surety.

Board Note.

 corrective Action language at

subsection

(a)

 is derived from 40 CFR 258.74(b) (1)

(1992). The other clarifying changes reflect the

inclusion of financial assurance requirements

for

implementing corrective action at MSWLF units

under this Section.

100

Section 811.712

 Surety Bond Guaranteeing Performance

a)

 An owner or operator may satisfy the requirements of

this Subpart by obtaining a surety bond which conforms

to the requirements of this Section and submitting the

bond to the Agency.

 A surety bond obtained by an

owner or operator of a MSWLF unit must be effective

before the initial receipt of waste or before April

9,

1995

 (the effective date of the financial assurance

requirements under RCRA Subtitle D regulations).

whichewr is later,

 in the case of closure and

post-closure care, or no later than 120 days after the

remedy has been selected in accordance with the

requirements of Section 811.325.

b)

 The surety company issuing the bond shall be licensed

by the Illinois Department of Insurance pursuant to the

Illinois Insurance Code (Ill.

 Rev.

 Stat.

 1991.

ch.

73.

pars.

 613 et seq.

215

 ILCS 5/1 et seg.1)

 and approved

by the U.S. Department of the Treasury as an acceptable

surety.

BOARD NOTE:

 The U.S. Department of the, Treasury lists

acceptable sureties in its Circular 570.

c)

 The surety bond must be on the forms as specified in

Appendix A, Illustration C,

 D or H.

d)

 Any payments made under the bond will be placed in the

landfill closure and postclosure fund within the State

Treasury.

e)

 Conditions:

1)

 The bond must guarantee that the owner or operator

will provide closure and postclosure care in

accordance with the closure and postclosure care

•

 plans

 in the permit.

 If the facility is a

MSWLF

unit,

 then a corrective action bond must guarantee

that the owner or operator will implement

corrective action in accordance with Section

‘811.326.

 The surety shallhave the option’ of

providing closure and postclosure care -~n

acoordanoc with tho olo~ureand poGtoloourc care

plan3 or carrying out corrective action,

 or of

paying the penal sum.

2)

 The surety will become liable on the bond

obligation when, during the term of the bond,

the

owner or operator fails to perform as guaranteed

by the bond.

 The owner or operator fails to

perform when the owner or operator:

101

A)

 Abandons the site;

B)

 Is adjudicated bankrupt;

C)

 Fails to initiate closure of the site or

postclosure care or corrective action when

ordered to do so by the Board pursuant to

Title VII of the Act, or when ordered to do

so by a court of competent jurisdiction;

or

D)

 Notifies the Agency that it has initiated

closure or corrective action, or initiates

closure or corrective action, but fails to

 close the site or provide postclosure care~

corrective action in accordance with the

closure and postclosure care or corrective

action plans.

El

 For a corrective action bond.

 fails to

implement corrective action at a MSWLF unit

in accordance with Section 811.326

f)

 Penal sum:

1)

 The penal sum of the bond must be in an amount at

least equal to the current cost estimate.

2)

 The Agency shall approve a reduction in the penal

sum whenever the current cost estimate decreases.

g)

 Term:

1)

 The bond must be issued for a term of at least

five years and must not be cancelable during that

term.

2)

 If the owner or operator fails to provide

substitute financial assurance prior to expiration

of a bond, the term of the bond must be

automatically extended for one twelve—month period

starting with the date of expiration of the bond.

During such extension, the bond will cease’ to

serve as financial assurance satisfying the

requirements of this Part, and will not excuse the

owner or operator from the duty to provide

substitute financial assurance.

h)

 Cure of default and refunds:

1)

 The Agency shall release the surety if, after the

surety becomes liable on the bond, the owner or

operator or another person provides financial

102

assurance for closure and postclosure care of the

site or corrective action at a

NSWLF

unit, unless

the Agency determines that the closure or

postclosure care plan. corrective action at a

MSWLF

unit,

 or the amount of substituted financial

assurance is inadequate to provide closure and

postclosure care or implement corrective action at

a MSWLf unit in compliance with this Part.

2)

 After closure and postclosure care have been

completed in accordance with the closure and

postclosure care plans and the requirements of

this Part or after the completion

 of corrective

action at a

MSWLF

unit in accordance with Section

811.326, the Agency shall refund any unspent money

which was paid j~tothe “Landfill Closure and

Postclosure Fund” Agcncy by the surety.

i)

 The surety will not be liable for deficiencies in the

performance of closure by the owner or operator after

the Agency releases the owner or operator from the

requirements of this Subpart.

Board Note.

 MSWLF corrective action lanaua~eat

subsection

(a)

 is derived from 40 CFR 258.74 (bUll

(1992).

 The other clarifying changes reflect the

inclusion of financial assurance requirements for

implementing corrective action at

MSWLF

units under

this Section.

Section 811.713

 Letter of Credit

a)

 An owner or operator may satisfy the requirements of

this Subpart by obtaining an irrevocable standby letter

of credit which conforms to the requirements of this

Section and submitting the letter to the Agency.

A

letter of credit obtained by an owner or operator of a

MSWLF unit must be effective before the initial receipt

of waste or before April

9.

1995

 (the effective date of

the financial assurance requirements under RCRA

Subtitle D regulations), whichever is later,

 in the

case of closure and post—closure care,

 or no later than

120 days after the remedy has been selected in

~ccordance with the requirements of Section 811.325.

b)

 The issuing institution shall be an entity which has

the authority to issue letters of credit and:

1)

 Whose letter-of-credit operations are regulated by

the Illinois Commissioner of Banks and Trust

Companies pursuant to the Illinois Banking Act

103

(Ill.

 Rev. Stat.

 1991,

ch.

 17, Pars.

 301 et seq.

1205 ILCS

5/.

 et seg.1) or,

2)

 Whose deposits are insured by the Federal Deposit

Insurance Corporation or the Federal Savings and

Loan Insurance Corporation.

c)

 Forms:

1)

 The letter of credit must be on the forms

specified in Appendix A, Illustration E.

2)

 The letter of credit must be accompanied by a

letter from the owner or operator, referring to

the letter of credit by number, the name and

address of the issuing institution~.and

~

effective date of the letter,

 and providing the

following information: j~J~g

 name and address of the

site and the amount of funds assured for closure

and postclosure care of the site, or for

corrective action at a

MSWLF

unit by the letter of

credit.

d)

 Any amounts drawn by the Agency pursuant to the letter

of credit will be deposited in the landfill closure and

postclosure fund within the State Treasury.

e)

 Conditions on which the Agency may draw on the letter

of credit:

1)

 The Agency shall draw on the letter of credit if

the owner or operator fails to perform closure or

postclosure care in accordance with the closure

and postclosure care plans.

 or fails to inrnlement

corrective action at a MSWLF unit in accordance

with Section 811.326.

2)

 The Agency shall draw on the letter of credit when

the owner or operator:

A)

 Abandons the site;

B)

 Is adjudicated bankrupt;

C)

 Fails to initiate closure of the site or

postclosure care or corrective action when

ordered to do so by the Board pursuant to

Title VII of the Act, or when ordered to do

so by a court of competent jurisdiction; or

D)

 Notifies the Agency that it has initiated

closure or corrective action, or initiates

104

closure or corrective action, but fails to

Provide closure and postclosure care~

corrective action in accordance with the

closure and postclosure care or corrective

action plans.

El

 For a corrective action bond,

 fails to

implement corrective action at a MSWLF unit

in accordance with Section 811.326

f)

 Amount:

1)

 The letter of credit must be issued in an amount

at least equal to the current cost estimate.

2)

 The Agency shall approve a reduction in the amount

whenever the current cost estimate decreases.

g)

 Term:

1)

 The letter of credit must be issued for a term of

at least five years and must be irrevocable during

that term.

2)

 If the owner or operator fails to substitute

alternative financial assurance prior to

expiration of a letter of credit, the term of the

letter of credit must be automatically extended

for one twelve-month period starting with the date

of expiration.

 During such extension, the letter

of credit will cease to serve as financial

assurance satisfying the requirements of this

Part,

 and will not excuse the owner or operator

from the duty to provide substitute financial

assurance.

h)

 Cure of default and refunds:

1)

 The Agency shall release the financial institution

if, after the Agency is allowed to draw on the

letter of credit, the owner or operator or another

person provides financial assurance for closure

and postOlosure care of the site or corrective

action at -a

MSWLF

unit,

 unless the Agency

determines that a plan or the amount of

substituted financial assurance is inadequate to

provide closure and postclosure care, or implement

corrective action at a MSWLF unit,

 as required by

this Part.

2)

 After closure and postclosure care have been

completed in accordance with the closure and

105

postclosure care plans and the requirements of

this Part or after the completion of corrective

action at a MSWLF unit in accordance with Section

811.326,

 the Agency shall refund any unspent money

which was paid jj~tothe “Landfill Closure and

Postclosure Fund” Agency by the financial

institution.

Board Note.

 MSWLF

corrective action language at

subsection

(a)

 is derived from 40 CFR 258.74

(ci (1)

 (1992).

 The other clarifying changes

reflect the inclusion of financial assurance

requirements

 for implementing corrective action at

MSWLF units under this Section.

Section 811.714

 Closure Insurance

a)

 An owner or operator may satisfy the requirements of

this Subpart by obtaining closure and postclosure care

insurance which conforms to the requirements of this

Section and submitting an executed duplicate original

of such insurance policy to the Agency.

b)

 The insurer shall be licensed to transact the business

of insurance by the Illinois Department of Insurance

pursuant to the Illinois Insurance Code

 (Ill. Rev.

Stat.

 1991,

ch.

73,

 pars.

 613 et sep.

 1215 ILCS 5/1 et

sea. 1).

c)

 The policy must be on forms approved by the Illinois

Department of Insurance pursuant to the Illinois

Insurance Code.

d)

 Face amount:

1)

 The closure and postclosure care insurance policy

must be issued for a face amount at least equal to

the current cost estimate.

 The term “face amount”

means the total amount the insurer is obligated to

pay under the policy.

 Actual payments by the

insurer will not change the face amount, although

the insurer’s future liability will be lowered by

the amount of the payments.

2)

 The Agency shall approve a reduction in the amount

of the policy whenever the current cost estimate

decreases.

e)

 The closure and postclosure care insurance policy must

guarantee that funds will be available to close the

site and to provide postclosure care thereafter.

The

policy must also guarantee that,

 once closure begins,

106

the insurer will be responsible for paying out funds,

up to an amount equal to the face amount of the policy,

upon the direction of the Agency to such party or

parties as the Agency specifies.

 The insurer will be

liable when:

1)

 The owner or operator abandons the site;

2)

 The owner or operator is adjudicated bankrupt;

3)

‘

 The Board, pursuant to Title VIII of the Act, or a

court of competent jurisdiction orders the site

closed;

4)

 The owner or operator notifies the Agency that it

is initiating closure; or

5)

 Any person initiates closure with approval of the

Agency.

f)

 Reimbursement for closure and postclosure care

expenses:

1)

 After initiating closure,

 an owner or operator or

any other person authorized to perform closure or

postclosure care may request reimbursement for

closure and postclosure care expenditures by

submitting itemized bills to the Agency.

2)

 Within 60 days after receiving bills for closure

or postclosure care activities, the Agency shall

determine whether the expenditures are in

accordance with the closure or postclosure care

plan.

 The Agency shall direct the insurer to make

reimbursement in such amounts as the Agency

specifies in writing as expenditures in accordance

with the closure and postclosure care plans.

3)

 If the Agency determines based on such information

as is available to it that the cost of closure and

postclosure care will be greater than the face

amount of the policy,

 it shall withhold

reimbursement of such amounts as

 it deems prudent

until it determines that the owner or operator is

no longer required to maintain financial

assurance.

 In the event the face amount of the

policy is inadequate to pay all claims, the Agency

shall pay claims according to the following

priorities:

107

A)

 Persons with whom the Agency has contracted

to perform closure or postclosure care

activities (first priority);

B)

 Persons who have completed closure or

postclosure care authorized by the Agency

(second priority);

C)

 Persons who have completed work which

furthered the closure or postclosure care

(third priority);

D)

 The owner or operator and related business

entities

 (last priority).

g)

 Cancellation:

1)

 The owner or operator shall maintain the policy in

full force and effect until the Agency releases

the insurer pursuant to Section 811.702.

2)

 The policy must provide that the insurer may not

cancel, terminate or fail to renew the policy,

except for failure to pay the premium.

The

automatic renewal of the policy must,

 at a

minimum, provide the insured with the option of

renewal at the face amount of the expiring policy.

If there

 is a failure to pay the premium, the

insurer may elect to cancel, terminate or fail to

renew the policy by sending notice by certified

mail to the owner or operator and the Agency.

Cancellation, termination or failure to renew may

not occur, however, during the 120 days beginning

with the date of receipt of the notice by both the

Agency and the owner or operator, as evidenced by

the return receipts.

 Cancellation, termination or

failure to renew may not occur and the policy will

remain in full force and effect in the event that

on or before the date of expiration the premium

due

 is paid.

h)

 Each policy must contain a provision allowing

assignment of the policy to a successor owner or

operator.

 Such assignment may be conditional upon

consent of the insurer, provided such consent is not

unreasonably refused.

Section 811.715

 Self-Insurance for Non—commercial Sites

a)

 Definitions.

 The following definitions are intended to

assist in the understanding of this Part and are not

intended to limit the meanings of terms in any way that

108

conflicts with generally accepted accounting

 principles:

“Assets” means all existing and all probable

future economic benefits obtained or controlled by

a particular entity.

“Current assets” means cash or other assets or

resources commonly identified as those which are

reasonably expected to be realized in cash or sold

or consumed during the normal operating cycle of

the business.

“Current liabilities” means obligations whose

liquidation is reasonably expected to require the

use of existing resources properly classifiable ‘as

current assets or the creation of other current

liabilities.

“Generally accepted accounting principles” means

Auditing Standards--Current Text,

 incorporated by

reference at 35 Ill. Adm Code 810.104.

“Gross Revenue” means total receipts less returns

and allowances.

“Independently audited” refers to an audit

performed by an independent certified public

accountant in accordance with generally accepted

auditing standards.

“Liabilities” means probable future sacrifices of

economic benefits arising from present obligations

to transfer assets or provide services to other

entities in the future as a result of past

transactions or events.

“Net working capital” means current assets minus

current liabilities.

“Net worth” means total assets minus total

liabilities and is equivalent to owner’s equity.

“Tangible ~networth” means tangible assets less

liabilities; tangible assets do not include

 intangibles such as goodwill and rights to patents

or royalties.

b)

 Information to be Filed

109

An owner or operator may satisfy the financial

assurance requirements of this Part by providing the

following:

1)

 Bond without surety promising to pay the cost

estimate (subsection

 (c)).

2)

 Proof that the owner or operator meets the gross

revenue test (subsection

 (d)).

3)

 Proof that the owner or operator meets the

financial test (subsection

 (e)).

c)

 Bond Without Surety.

 An owner or operator utilizing

self—insurance shall provide a bond without surety on

the forms specified in Appendix A, Illustration G.

The

owner or operator shall promise to pay the current cost

estimate to the Agency unless the owner or operator

provides closure and postclosure care in accordance

with the closure and postclosure care plans.

d)

 Gross Revenue Test.

 The owner or operator shall

demonstrate that less than one—half of its gross

revenues are derived from waste disposal operations.

Revenue is “from waste disposal operations”

 if it would

stop upon cessation of the owner or operator’s waste

disposal operations.

e)

 Financial Test

1)

 To pass the financial test,

 the owner or operator

shall meet the criteria of either subsection

(e) (1) (A)

or

 (e) (1) (B)

A)

 The owner or operator shall have:

i)

Two

of the following three ratios:

a

ratio of total liabilities to net worth

of less than 2.0; a ratio of the

sum

of

net income plus depreciation, depletion

and amortization to total liabilities of

greater than 0.1; or a ratio of current

assets to current liabilities of greater

-than 1.5; and

ii)

 Net working capital and tangible net

worth each at least six times the

current cost estimate; and

iii) Tangible net worth

 of’ at least $10

million; and

110

iv)

 Assets in the United States amounting to

at least 90 percent of the owner or

operator’s total assets and at least six

times the current cost estimate.

B)

 The owner or operator shall have:

i)

 A current rating of AAA, AA, A or BBB

for its most recent bond issuance as

issued by Standard and Poor, or a ratinr

of Aaa, Aa, A or Baa,

 as issued by

Moody; and

ii)

 Tangible net worth at least six times

the current cost estimate; and

iii) Tangible net worth of at least $10

million; and

iv)

 Assets located in the United States

amounting to at least 90 percent of its

total assets or at least six times the

 current cost estimate.

2)

 To demonstrate that it meets this test,

 the owner

or operator shall submit the following items to

the Agency:

A)

 A letter signed by the owner or operator’s

chief financial officer and worded as

specified in Appendix A, Illustration I; and

B)

 A copy of the independent certified public

accountant’s report on examination of the

owner or operator’s financial statements for

the latest completed fiscal year; and

C)

 A special report from the owner or operator’s

independent certified public accountant to

the owner or operator stating that:

i)

 The accountant has compared the data

which the letter from the chief

-financial officer specifies as havinri

been derived from.the independently

audited, year—end financial statements

for the latest fiscal year with the

amounts in such financial statements;

and

ii)

 In connection with that procedure,

no

matters came to the accountant’s

111

attention which caused the accountant to

believe that the specified data should

be adjusted.

f)

 Updated Information.

1)

 After the initial submission of items specified in

subsections

(d)

and

 (e), the owner or operator

shall send updated information to the Agency

within 90 days after the close of each succeeding

 fiscal year.

2)

 If the owner or operator no longer meets the

requirements of subsections

 (d) and

 (e), the owner

or operator shall send notice to the Agency of

intent to establish alternative financial

assurance.

 The notice must be sent by certified

mail within 90 days after the end of the fiscal

year for which the year—end financial data show

that the owner or operator no longer meets the

requirements.

g)

 Qualified Opinions.

 If the opinion required by

subsections

 (e) (2) (B) and

 (e) (2) (C)

 includes an adverse

opinion or a disclaimer of opinion, the Agency shall

disallow the use of self-insurance.

 If the opinion

includes other qualifications, the Agency shall

disallow the use of self-insurance if:

1)

 The qualifications relate to the numbers which are

used in the gross revenue test or the financial

test; and,

2)

 In light of the qualifications, the owner or

operator has failed to demonstrate that it meets

the gross revenue test or financial test.

h)

 Parent Corporation.

 An owner or operator may satisfy

the financial assurance requirements of this Part by

demonstrating that a corporation which owns an interest’

in the owner or operator meets the gross revenue and

financial tests.

 The owner or operator shall also

provide a bond with the parent as surety (Appendix A,

Illustration

H)-.

112

Section 81l.Appendix A Financial Assurance Forms

Illustration A Trust Agreement

TRUST AGREEMENT

Trust Fund Number________________

Trust Agreement, the “Agreement,” entered into as of the

day of

_______________,

 by and between __________________

______________

 the “Grantor,” and

___________________

__________________________________________

 the “Trustee.”

Whereas, Section 21.1 of the Environmental Protection Act, “Act”,

prohibits any person from conducting any waste disposal operation

unless such person has posted with the Illinois Environmental

Protection Agency,

 “IEPA”,

 a performance bond or other security

for the purpose of insuring closure of the site and postclosure

care or corrective action in accordance with the Act and Illinois

Pollution Control Board,

 “IPCB”, rules.

Whereas, the IPCB has established certain regulations applicable

to the Grantor, requiring that an operator of a waste disposal

site provide assurance that funds will be available when needed

for closure and/or postclosure care or corrective action of the

site.

Whereas, the Grantor has elected to establish a trust to provide

all or part of such financial assurance for the sites identified

in this agreement.

Whereas, the Grantor, acting through its duly authorized

officers, has selected the Trustee to be the trustee under this

 agreement, and the Trustee

 is willing to act as trustee.

Whereas, Trustee is an entity which has authority to act as a

trustee and whose trust operations are regulated by the Illinois

Commissioner of Banks

 & Trust Companies or who complies with the

Corporate Fiduciary Act

 (Ill. Rev.

 Stat.

 19’&9J,, ch.

17,

 par.

1551-1 et seq.

 1205 ILCS 5/1)).

 (Line through any condition

which does not apply.)

Now, Therefore,

 the Grantor and the Trustee agree as follows:

Section

1.

 Definitions.

 As used in this Agr?~nient:

a)

 The term “Grantor” means the operator who enters into this

Agreement and any successors or assigns of the operator.

b)

 The term “Trustee” means the Trustee who enters into this

Agreement and any successor Trustee.

113

Section 2.

 Identification of Sites and Cost Estimates.

 This

Agreement pertains to the sites and cost estimates identified on

attached Schedule A

 (on Schedule A,

 list the name and address and

initial cost estimate of each site for which financial assurance

is demonstrated by this agreement).

Section 3.

 Establishment of Fund.

 The Grantor and the

Trustee hereby establish a trust fund, the “Fund,” for the

benefit of the IEPA.

 The Grantor and the Trustee intend that no

other third party have access to the Fund except as provided in

 this agreement.

 The Fund is established initially as consisting

of the property, which is acceptable to the Trustee, described in

Schedule B attached to this agreement.

 Such property and

any

other property subsequently transferred to the Trustee is

referred to as the Fund, together with all earnings and profits

on the Fund,

 less any payments or distributions made by the

Trustee pursuant to this agreement.

 The Fund shall be held by

the Trustee,

 in trust, as provided in this agreement.

The

Trustee shall not be responsible nor shall it undertake any

responsibility for the amount or adequacy of, nor any duty to

collect from the Grantor, any payments necessary to discharge any

liabilities of the Grantor.

Section

4.

 Payment for Closure and Postclosure care~

Corrective Action.

 The Trustee shall make payments from the Fund

as the IEPA shall direct,

 in writing, to provide for the payment

of the costs of closure and/or postclosure care or corrective

action of the sites covered by this agreement.

 The Trustee shall

reimburse the Grantor or other persons as specified by the IEPA

from the Fund for closure and postclosure or corrective action

expenditures in such amounts as the IEPA shall direct in writing.

In addition, the Trustee shall refund to the Grantor such amounts

as the IEPA specifies

 in writing.

 Upon refund, such funds shall

no longer constitute part of the Fund.

Section 5.

 Payments Comprising the Fund.

 Payments made to

the Trustee for the Fund shall consist of cash or securities

acceptable to the Trustee.

Section

6.

 Trust Management.

 The Trustee shall invest and

reinvest the principal and income of the Fund and keep the Fund

invested as a single fund, without distinction between principal

and income,

 in accordance with general investment policies and

guidelines which the Grantor may communicate in writing to the

Trustee from time to time,

 subject, however, to the provisions of

this Section.

 In investing,

 reinvesting, exchanging,

 selling and

managing the Fund,

 the Trustee shall discharge his duties with

respect to the trust fund solely in the interest of the

beneficiary and with the care,

 skill, prudence and diligence

under the circumstances then prevailing which persons of

prudence, acting in a like capacity and familiar with such

114

matters, would use in the conduct of an enterprise of a like

character and with like aims; except that:

a)

 Securities or other obligations of the Grantor,

 or any other

owner or operator of the site, or any of their affiliates as

defined in Section 80a—2(a)

 of the Investment Company Act of

1940, as amended

 (15 U.S.C. 80a-2(a)) shall not be acquired

or held, unless they are securities or other obligations of

 the Federal government or the State of Illinois;

b)

 The Trustee is authorized to invest the Fund in time or

demand deposits of the Trustee, to the extent insured by the

Federal Deposit Insurance Corporation.

c)

 The Trustee

 is authorized to hold cash awaiting investment

or distribution uninvested for a reasonable time and without

liability for the payment of interest thereon.

Section

7.

 Commingling and Investment.

 The Trustee is

expressly authorized in its discretion:

a)

 To transfer from time to time any or all of the assets of

the Fund to any common, commingled or collective trust fund

created by the Trustee in which the Fund is eligible to

participate, subject to all of the provisions thereof, to be

commingled with the assets of other trusts participating

therein; and

b)

 To purchase shares

 in any investment company registered

under the Investment Company Act of 1940

 (15 U.S.C.

 80a-1 et

seq.)

 including one which may be created, managed,

underwritten or to which investment advice is rendered or

the shares of which are sold by the Trustee.

 The Trustee

may vote such shares in its discretion.

Section 8.

 Express Powers of Trustee.

 Without in any way

limiting the powers and discretions conferred upon the Trustee by

the other provisions of this agreement or by law, the Trustee is

expressly authorized and empowered:

a)

 To sell, exchange, convey, transfer or otherwise dispose of

any property held by it, by public or private sale.

 ‘No

person dealing with the Trustee shall be bound to see to the

application of the purchase money or to inquire into the

validity or expedience of any s~h sale or other

disposition;

b)

 To make, execute, acknowledge and deliver any and all

documents of transfer and conveyance and any and all other

instruments that may be necessary or appropriate to carry

out the powers granted in this agreement;

115

c)

 To register any securities held in the Fund in its own name

or in the name of a nominee and to hold any security in

bearer form or

 in book entry,

 or to combine certificates

representing such securities with certificates of the same

issue held by the Trustee in other fiduciary capacities,

or

to deposit or arrange for the deposit of such securities in

a qualified central depositary even though, when so

deposited, such securities may be merged and held in bulk

in

the name of the nominee of such depositary with other

securities deposited therein by another person,

 or to

deposit or arrange for the deposit of any securities issued

by the United States Government,

 or any agency or

instrumentality thereof, with a Federal Reserve Bank,

but

the books and records of the Trustee shall at all times show

 that all such securities are part of the Fund.

d)

 To deposit any cash in the Fund in interest—bearing accounts

maintained or savings certificates issued by the Trustee,

in

its separate corporate capacity, or in any other banking

institution affiliated with the Trustee, to the extent

insured by the Federal Deposit Insurance Corporation; and

e)

 To compromise or otherwise adjust all claims in favor of or

against the Fund.

Section 9.

 Taxes and Expenses.

 All taxes of any kind that

may be assessed or levied against or in respect of the Fund and

all brokerage commissions incurred by the Fund shall be paid from

the Fund.

 All other expenses incurred by the Trustee, to the

extent not paid directly by the Grantor,

 and all other proper

charges and disbursements of the Trustee shall be paid from the

Fund.

Section 10.

 Annual Valuation.

 The Trustee shall annually

furnish to the Grantor and to the IEPA a statement confirming the

value of the Trust.

 The evaluation day shall be each year on the

_______

 day of

__________________.

 Any securities in the Fund

shall valued at market value as of the evaluation day.

The

Trustee shall mail the evaluation statement to the Grantor and

the IEPA within 30 days after the evaluation day.

 The failure

 of’

the Grantor to object in writing to the Trustee within 90 days

after the statement has been furnished to the Grantor and the

IEPA shall constitute a conclusively binding assent by the

Grantor, barring the Grantor from asserting any claim or

liability against the Trustee with respect to matters disclosed

in the statement.

Section

11.

 Advice of counsel.

 The Trustee may from time to

time consult with counsel, who may be counsel to the Grantor,

with respect to any question arising as to the construction of

this agreement or any action to be taken hereunder.

 The Trustee

116

shall be fully protected, to the extent permitted by law,

in

acting upon the advice of counsel.

Section

12.

 Trustee Compensation.

 The Trustee shall be

entitled to reasonable compensation for its services as agreed

upon in writing from time to time with the Grantor.

Section 13.

 Successor Trustee.

 The Trustee may resign or the

Grantor may replace the Trustee, but such resignation or

replacement shall not be effective until the Grantor’has

appointed a successor trustee and the successor accepts the

appointment.

 The successor trustee shall have the same powers

and duties as those conferred upon the Trustee hereunder.

 Upon

the successor trustee’s acceptance of the appointment, the

Trustee shall assign, transfer and pay over to the successor

trustee the funds and properties then constituting the Fund.

If

for any reason the Grantor cannot or does not act in the event of

 the resignation of the Trustee, the Trustee may apply to a court

of competent jurisdiction for the appointment of a successor

trustee or for instructions.

 The successor trustee shall specify

the date on which it assumes administration of the trust in a

writing sent to the Grantor, the IEPA and the present Trustee by

certified mail ten days before such change becomes effective.

Any expenses incurred by the Trustee as a result of any of the

acts contemplated by this Section shall be paid as provided in

Section 9.

Section

14.

 Instructions to the Trustee.

 All orders, requests

and instructions by the Grantor to the Trustee shall be in

writing, signed by such persons as are designated in the attached

Exhibit A or such other designees as the Grantor may designate by

amendment to Exhibit A.

 The Trustee shall be fully protected in

acting without inquiry in accordance with the Grantor’s orders,

requests and instructions.

 All orders, requests and instructions

by the IEPA to the Trustee shall be in writing, signed by the

IEPA Director or his designees, and the Trustee shall act and

shall be fully protected in acting in accordance with such

orders, requests and instructions.

 The Trustee shall have the

~ri.ght..to

 assume,

 in the absence of written notice to the

contrary, that no event constituting a change or a termination of

the authority of any person to act on behalf of the Grantor or

IEPA hereunder has occurred.

 The Trustee shall have no duty to

act

 in the absence of such orders, requests and instructions from

the Grantor and/or IEPA. .except as provided in this agreement.

Section

15.

 Notice of Nonpayment.

 The Trustee shall notify

the Grantor and the IEPA,

 by certified mail within ten days

following the expiration of the 30-day period after the

anniversary of the establishment of the Trust,

 if no payment is

received from the Grantor during that period.

 After the pay-in

period is completed, the Trustee shall not be required to send a

notice of nonpayment.

117

Section 16.

 Amendment of Agreement.

 This Agreement may be

amended by an instrument in writing executed by the Grantor, the

Trustee and the IEPA Director,

 or by the Trustee and the IEPA

Director

 if the Grantor ceases to exist.

Section 17.

 Irrevocability and Termination.

 Subject to the

right of the parties to amend this Agreement as provided in

Section 16, this Trust shall be irrevocable and shall continue

until terminated at the written agreement of the Grantor, the

Trustee and the IEPA Director, or by the Trustee and the IEPA, if

the Grantor ceases to exist.

 Upon termination of the Trust, all

remaining trust property,

 less final trust administration

expenses, shall be delivered to the Grantor.

Section 18.

 Immunity and Indemnification.

 The Trustee shall

not incur personal liability of any nature in connection with any

act or omission, made in good faith,

 in the administration of

this Trust, or in carrying out any directions by the Grantor or

the IEPA Director issued in accordance with this Agreement.

The

Trustee shall be indemnified and saved harmless by the Grantor or

from the Trust Fund,

 or both,

 from and against any personal

liability to which the Trustee may be subjected by reason of any

act or conduct in its official capacity, including all expenses

reasonably incurred in its defense in the event the Grantor fails

to provide such defense.

Section 19.

 Choice of Law.

 This Agreement shall be

administered, construed and enforced according to the laws of the

State of Illinois.

Section 20.

 Interpretation.

 As used in this Agreement, words

in the singular include the plural and words in the plural

include the singular.

 The descriptive headings for each Section

of this Agreement shall not affect the interpretation or the

legal efficacy of this Agreement.

In Witness Whereof the parties have caused this Agreement to be

executed by their respective officers duly authorized and their

corporate seals to be hereunto affixed and attested as of the

date first above written.

Attest:

 Signature of Grantor

Typed Name__________

Title_______________

Seal

118

Attest:

 Signature of Trustee____

Typed Name______________

Title____________________

Seal

Section 811.Appendix A Financial Assurance Forms

Illustration C Forfeiture Bond

FORFEITURE BOND

Date bond executed: ____________________________

Effective date: ________________________________

Principal: ______________________________________

Type of organization: _________________________

State of incorporation: ________________________

Surety: _________________________________________

Sites:

Name

__________________________________________________

Address _________________________________________

City

_____________________________________________

Amount guaranteed by this bond:

$

_____________

Name ___________________________________________________

Address __________________________________________

City

_____

Amount guaranteed by this bond:

$

_____________________________

Please attach a separate page if more space is needed for all

sites.

Total penal sum of bond:

$

___________________________________

119

Surety’s bond number: ___________________________________________

The Principal and the Surety promise to pay the Illinois

Environmental Protection Agency

 (“IEPA”) the above penal sum

unless the Principal provides closure and postclosure care..~

corrective action for each site in accordance with the closure

and postclosure care or corrective action plans for that site.

To the payment of this obligation the Principal and Surety

jointly and severally bind themselves, their heirs,

 executors,

administrators,

 successors and assigns.

Whereas the Principal is required, under Section 21(d)

 of the

Environmental Protection Act

 (Ill.

 Rev. Stat.

 19?-9.~, ch.

 111½,

par.

 1021(d)

 1415 ILCS 5/21(d)1) to have a permit to conduct a

waste disposal operation;

Whereas the Principal

 is required, under Section 21.1 of the

Environmental Protection Act to provide financial assurance for

closure and postclosure care or corrective action and

Whereas the Surety is licensed by the Illinois Department of

Insurance;

Whereas the Principal and Surety agree that this bond shall be

governed by the laws of the State of Illinois;

The Surety shall pay the penal sum to the IEPA if, during the

term of the bond, the Principal fails to provide closure and

postclosure care or corrective action for any site in accordance

with the closure and postclosure care or corrective action plans

for that site as guaranteed by this bond.

 The Principal fails to

so provide when the Principal:

a)

 Abandons the site;

b)

 Is adjudicated bankrupt;

c)

 Fails to initiate closure of the site or postclosure

care or corrective action when ordered to do so by the

Board or a court of competent jurisdiction;—e~

d)

 Notifies the Agency that it has initiated closure, or

initiates closure, but fails to close the site or

provide postclosure care or corrective action in

accordance with the closure and postclosure care~

corrective action plans;

or

~j

 For corrective action,

 fails to implement corrective

action at a municipal solid waste landfill unit in

accordance with 35

 Ill.

 Adrn.

 Code 811.326.

120

The Surety shall pay the penal

sum

of the bond to the IEPA within

30 days after the IEPA mails notice to the Surety that the

Principal has failed to so provide closure and postclosure care

or corrective action.

 Payment shall be made by check or draft

payable to the State of Illinois, Landfill Closure and

Postclosure Fund.

The liability of the Surety shall not be discharged by any

payment or succession of payments unless and until such payment

or payments shall amount in the aggregate to the penal sum of the

bond.

 In no event shall the obligation of the Surety exceed the

amount of the penal sum.

This bond shall expire on the

_______

 day of

__________________

______;

 provided, however, that if the Principal fails to provide

substitute financial assurance prior to the expiration date,

and

the IEPA mails notice of such failure to the Surety within 30

days after such date, the term of this bond shall be

automatically extended for one twelve-month period starting with

the date of expiration of the bond.

The Principal may terminate this bond by sending written notice

to the Surety; provided, however, that no such notice shall

become effective until the Surety receives written authorization

for termination of the bond from the IEPA.

In Witness Whereof, the Principal and Surety have executed this

Forfeiture Bond and have affixed their seals on the date set

forth above.

The persons whose signatures appear below certify that they are

authorized to execute this surety bond on behalf of the Principal

and Surety.

Principal Corporato Curoty _______________________________________

PRINCIPAL

Signature Name

_______

Typed Name

___________

Address

_______________

Title

__________________

State of Incorporation

Date

__________

Corporate seal

121

CORPORATE

SURETY

Signature _______________________

Typed Name _______________________

Title ___________________________

Corporate seal

Bond premium:

$

___________________

Section 811.Appendix A Financial Assurance Forms

Illustration D Performance Bond

PERFORMANCE BOND

Date bond executed:

______________

Effective date:

__________________

Principal: _______________________

Type of organization:

_____________

State of incorporation:

__________

Surety: _________________________

Sites:

Name __________________________________

Address ___________________________

City ______________________________

Amount guaranteed by this bond:

$

Name __________________________________

Address __________________________

City ______________________________

Amount guaranteed by this bond:

$

122

Please attach a separate~pageif more space

 is needed for all

sites.

Total penal sum of bond:

$

____________________________________

Surety’s bond number: __________________________________________

The Principal and the Surety promise to pay the Illinois

Environmental Protection Agency

 (“IEPA”) the above penal sum

unless the Principal or Surety provides closure and postclosure

care or corrective action for each site in accordance with the

 closure and postclosure care or corrective action plans for that

site.

 To the payment of this obligation the Principal and Surety

jointly and severally bind themselves, their heirs, executors,

administrators,

 successors and assigns.

Whereas the Principal

 is required, under Section 21(d)

 of the

Environmental Protection Act

 (Ill. Rev.

 Stat. l9~9l, ch.

 111½,

par.

 1021(d)

 1415 ILCS 5/21(d))) to have a permit to conduct a

waste disposal operation;

Whereas the Principal is required, under Section 21.1 of the

Environmental Protection Act, to provide financial assurance for

closure and postclosure care or corrective action and

Whereas the Surety is licensed by the Illinois Department of

Insurance;

Whereas the Principal and Surety agree that this bond shall be

governed by the laws of the State of Illinois;

The Surety shall pay the penal sum to the IEPA or provide closure

and postclosure care or corrective action in accordance with the

closure and postclosure care or corrective action plans for the

site

 if, during the term of the bond, the Principal fails to

provide closure and postclosure care or corrective action for any

site in accordance with the closure and postclosure care~

corrective action plans for that site as guaranteed by this bond.

The Principal fails to so provide when the Principal:

a)

 Abandons the site;

b)

 Is adjudicated bankrupt;

c)

 Fails to initiate closure of the site or postclosure

care or corrective action when ordered to do so by the

Board or a court of competent jurisdiction;—et’~

d)

 Notifies the Agency that it has initiated closure, or

initiates closure, but fails to close the site or

provide postclosure care or corrective action in

123

accordance with the closure and postclosure careQ~

corrective action plans; or

~j

 For corrective action.

 fails to implement corrective

action at a municipal solid waste landfill unit in

accordance with 35

 Ill. Adm. Code 811.326.

The Surety shall pay the penal sum of the bond to the IEPA or

notify the IEPA that it intends to provide closure and

postclosure care or corrective action in accordance with the

closure and postclosure care or corrective action plans £or the

site within 30 days after the IEPA mails notice to the Surety

that the Principal has failed to so provide closure and

postclosure care or corrective action.

 Payment shall be made by

check or draft payable to the State of Illinois, Landfill Closure

and Postclosure Fund.

If the Surety notifies the Agency that it intends to provide

closure and postclosure care or corrective action, then the

Surety must initiate closure and postclosure care or corrective

action within 60 days after the IEPA mailed notice to the Surety

that the Principal failed to provide closure and postclosure care

 or corrective action.

 The Surety must complete closure and

postclosure care or corrective action in accordance with the

closure and postclosure care or corrective action plans, or pay

the penal sum.

The liability of the Surety shall not be discharged by any

payment or succession of payments unless and until such payment

or payments shall amount in the aggregate to the penal sum of the

bond.

 In no event shall the obligation of the Surety exceed the

amount of the penal

 sum.

This bond shall expire on the

_________

 day of

_________________

_______;

 provided, however, that if the Principal fails to

provide substitute financial assurance prior to the expiration

date,

 and the IEPA mails notice of such failure to the Surety

within 30 days after such date, the term of this bond shall be

automatically extended for one twelve-month period starting with

the date of expiration of the bond.

The Principal may terminate this bond by sending written notice

to the Surety; provided, however, that no such notice shall

become effective until the Surety receives written authorization

for termination of the bond from the IEPA..

In Witness Whereof, the Principal and Surety have executed this

Forfeiture Bond and have affixed their seals on the date set

forth above.

124

The persons whose signatures appear below certify that they are

 authorized to execute this surety bond on behalf of the Principal

and Surety.

Principal

 ~r~ato

 Curety ________________________________

PRINCIPAL

Signature Name

Typed Name

Address

Title

State of Incorporation ____________________________________

Date

Corporate seal

CORPORATE SURETY

Signature

Typed Name

Title

Corporate seal

 Cor~oratocoal

Bond premium:

$

______________________________________________

Section 81l.Appendix A Financial Assurance Forms

Illustration E Irrevocable Standby Letter of Credit

IRREVOCABLE STANDBY LETTER OF CREDIT

Director

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

Dear Sir or Madam:

125

We have authority to issue letters of credit.

 Our letter-of—

credit operations are regulated by the Illinois Commissioner of

Banks and Trusts or our deposits are insured by the Federal

Deposit Insurance Corporation.

 (Omit language which does not

apply)

We hereby establish our Irrevocable Standby Letter of Credit

No.

_________________

 in your favor,

 at the request and for the

account of

 up to the

aggregate amount of ___________________________ U.

 S. dollars

(S

____________),

 available upon presentation of

1.

 your sight draft, bearing reference to this letter of

credit No.

________________;

 and,

2.

 your signed statement reading as follows:

 “I certify

that the amount of the draft is payable pursuant to

regulations issued under authority of the Environmental

Protection Act

 (Ill. Rev. Stat. 19~9i, ch.

 111½, par.

1001 et seq.

 1415 ILCS 5/1 et sea.))

 and 35 Ill. Adm.

Code 811.713(e).

This letter of credit

 is effective as of ________________________

________

 and shall expire on ______________________________

but, such expiration date shall be automatically extended for one

period of twelve months starting with the expiration date if the

operator fails to substitute alternative financial assurance

prior to the expiration of this letter of credit and you notify

us of such failure within 30 days after the above expiration

date.

Whenever this letter of credit is drawn on under and in

compliance with the terms of this credit, we shall duly honor

such draft upon presentation to us, and we shall deposit the

amount of the draft directly into the State of Illinois ~L~andfill

eclosure and pBostclosure or Corrective Action ~und

in

accordance with your instructions.

This letter of credit

 is governed by the Uniform Commercial Code

(Ill. Rev. Stat.

 19’8-91,

ch.

 26, pars.

 1—101 et seq.

 1810 ILCS

5/1—101 et seq.1).

Signature

Typed Name

Title

Date

Name

and

address

issuing

institution

__________________________

This credit is subject to

126

127

Section 811.A~pendixB

 Section-by—Section correlation between

the Standards of the RCRA Subtitle D

MSWLF regulations and the Board’s

nonhazardous waste landfill regulations.

RCRA

SUBTITLE

D REGULATIONS

 ILLINOIS LANDFILL REGULATIONS

k

SUBPART

General

fl

Purnose.

Scone.

and

Applicability (40 CFR

fl

 Ni.’:

Sections

811.101. 811.301.

811.401.

258.1)

 811.501.andSlI.700.

 EL2:

Section

814.101.

~

 Definitions

(40 CFR 258.2)

Section

810.103.

jj.

 SUBPART B:

 Location

Restrictions

fl

Airport safe~

(40 CFR 258.10)

fl

NL:

Section

 811.302(e).

EL:

Section

814.302(c)

and 814.402(c).

~

 Floodplains.

(40 CFR

258.11)

 NL: Section 811.102(b).

 EL: Section

814.302

and

814.402.

Wetlands.

 (40CFR

258.12)

 Ni,:

Sections

811.102(d). 811.102(e). and

811.103.

 EL: Section 814.302

and

814.402.

Fault areas.

 (40 CFR 258.13)

~

NL:

Sections

811.304

and

811.305.

EL:

Section

 814.302

and

814.402.

Seismic impact

zones.

(40CFR

258.14)

~)

Unstable areas.

(40 CFR

258.15)

NL:

Sections 811.304

and

811.305.

EL:

Sections

811.302(c)

and

811.402(c).

fl

Closure of existing MSWL

units. (40 CFR

fl

EL:

Sections 814.301

and

814.401.

258.16)

ilL

SUBPART

 Operating

Criteria

fl

Procedures for excluding the

receipt of

1)

NL:

Section

811.323.

EL:

Sections 814.302

hazardous waste.

(40 CFR 258.20)

and

814.402.

Cover material

requirements.

(40 CFR

NL:

Section

811.106.

EL:

Sections

814.302

258.21)

and

814.402

NL:

New Landfill;

EL:

Existing Landfill

and

Lateral Expansions.

128

RCRA

SUBTITLE

D REGULATIONS

 ILLINOISLANDFILL

REGULATIONS

ilL

SUBPART C:

 Operating

criteria

 (contd.)

~

 Disease vector control. (40

CFR

258.22)

3.~

 NL: Section

811.107(i).

EL:

Sections

814.302

 and 814.402

4.1

 Explosive

gas control.

(40 CFR

258.23)

4.1

NL:

Sections

811.310.

811.311.

and

811.312.

EL: Sections 814.302

and 814.402

~

 Air criteria. (40

CFR

258.24)

NL:

Sections

811.107(b).

811.310.

and

811.311.

EL:

 Sections 814.302 and 814.402.

~)

 Access requirements.

(40 CFR

 258.25)

~

NL:

Section

811.109.

EL:

Sections 814.302

and

814.402.

~

 Run-on/run-offcontrol

system.

(40 CFR

fl

NL:

Section

811.103.

EL:

Sections

814.302

258.26)

and

814.402.

same as above.

Surface water requirements.

(40 CFR 258.27)

Q~

NL:

Section

811.107(m).

EL:

Sections

9~

Liquids restrictions,

(40 CFR 258.28)

814.302

and 814.402.

~jQ)

NL:

Sections 811.112.

and Parts

812

and

j,Q)

 Recordkeepm~

requirements.

(40 CFR

813.

EL:

Sections 814.302

and

814.402.

258.29)

J3~1 NL: 811.303. 811.304,

811.305.

 811.306.

IV.

SUBPART

Design criteria

(40 CFR

811.307.

811.308.

811.309.

811.315.

258.40)

811.316,

811.317.

and

811.SubvartE.

EL:

Sections 8 14.302

and

814.402.

SUBPART E:

Groundwater Monitoring

and

Corrective

Action

,j.)

NL:

Section

81 1.319(a)(1).

EL:

Sections

fl

Applicability.

814.302

and

14.402.

NL:

Sections 811.318

and

811.320(d).

EL:

Groundwater monitoring systems.

(40 CFR

Sections

814.302

and 814.402.

258.51)

NL:

Section

811.318(e).

811.320(d).

,~)

 Groundwater

sampling

and

analysi~.(40

CFR

 811.320(e).

EL:

“etions

8 14.302

and

258.53)

81.4.402.’

129

RCRA

SUBTiTLED

REGULATIONS

 ILLINOISLANDFILL

REGULATIONS

4.1

 Detection monitoring

nrogram.

(40 CFR

4~

NL:

Section

811.3 19(a).

EL:

 Sections

258.54)

 814.302

and

814.402.

~

 Assessment monitoring

nrogram.

(40 CFR

~)

NL:

Section

811.319(b).

EL:

 Sections

258.551

814. 302

and

814.402.

~

 Assessment

corrective measures.

(40 CFR

NL:

 Sections

811.319(d)

and

811.324.

258.56)

EL:

 Sections

8 14.302 and

814.402.

fl

Selection of

remedy. (40

CFR

258.57)

fl

NL:

Sections 811.319(d)

and 811.325.

EL:

Sections

814.302

and

814.402.

Implementation

the

corrective action

NL:

Sections 811.319(d)

and

811.325.

program.

(40 CFR 258.58)

EL:

Sections

814.302

and

814.402.

YL.

SUBPART

Closure

and Post-Closure Care

1)

Closure

criteria.

(40 CFR

258.60)

fl

 NL: Sections 811.110, 811.315

and 811.322.

EL:

Sections 814.302 and

814.402.

~)

 Post-closure

care requirements.

(40 CFR

~)

NL:

Section

811.111.

EL:

Sections

814.302

258.61)

and

814.402.

VIL

SUBPART

Financial

Assurance Criteria

1)

Applicability

and

effective

 date.

(40 CFR

258.70)

fl

NL:

Section

811.700.

EL:

Sections

814.302

and

814.402.

2~

Financial

assurance for closure.

(40 CFR

258~31)

2,3and4)

~.)

Financial

assurance for post-closure.

(40 CFR

Ni.:

Sections 811.701

through

811.705.

258.72)

EL:

Sections 814.302

and

814.402.

Financial assurance for corrective action.

(40

CFR258~J3)

~)

 Allowable mechanisms. (40

CFR

258.73)

NL:Section8ll.lO6through8ll.715.

EL:

Sections

814.302

and

814.402.

130

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION

CONTROL

BOARD

SUBCHAPTER

1:

 SOLID WASTE

AND

SPECIAL

WASTE

 HAULING

PART

814

STANDARDS

 FOR EXISTING LANDFILLS

AND UNITS

SUBPART A:

 GENERAL REQUIREMENTS

Section

814.101

 Scope and Applicability

814.102

 Compliance Date

814.103

 Notification to Agency

814.104

 Applications for Significant Modification of Permits

814.105

 Effect of Timely Filing of Notification and Application

for Significant Modification

814.106

 Agency Action on Applications for Significant

Modifications to Existing Permits

814.107

 Conrnliance Dates for Existing MSWLF Units

814.108

 Interim Permit Requirements for Existing MSWLF Units

814.109

 Permit Requirements for Lateral Exiansions at Existing

MSWLF Units

SUBPART B:

 STANDARDS

FOR UNITS ACCEPTING INERT WASTE

Section

814.201

 Scope and Applicability

814.202

 Applicable Standards

SUBPART C:

 STANDARDS

FOR EXISTING UNITS ACCEPTING CHEMICAL AN~

OR

PUTRESCIBLE WASTES THAT

MAY

REMAIN OPEN FOR MORE

THAN SEVEN YEARS

Section

814.301

 Scope and Applicability

814.302

 Applicable Standards

SUBPART

 STANDARDS

FOR

EXISTING

UNITS

ACCEPTING

CHEMICAL

AN~

OR

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section

814.401

 Scope and Applicability

814.402

 Applicable Standards

SUBPART E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY, OR ACCEPTING CHEMICAL

AND

PUTRESCIBLE WASTES THAT MUST

INITIATE

CLOSURE

W1..JUN

 TWO YEARS

Section

814.501

Scope

and

Applicability

814.502

 Standards for Operation and Closure

AUTHORITY:

 Implementing Sections 5,

21,

 21.1,

 22, 22.17 and

28.1,

 and authorized by Section 27 of the Environmental

131

Protection Act

 (Ill. Rev. Stat.

 1989,

ch.

 ill 1/2, pars.

 1005,

1021,

 1021.1,

 1022,

 1022.17,

 1028.1 and 1027).

SOURCE:

 Adopted in R88-7 at 14 Ill. Reg.

 effective

NOTE:

 Capitalization indicates statutory language.

SUBPART A:

 GENERAL REQUIREMENTS

Section 814.101

 Scope and Applicability

a)

 This Part establishes the standards applicable to all

existing landfill facilities, which includes existing

facilities that are not considered to be new as defined

at 35 Ill. Adm. Code 810.103.

 The existing landfill

facilities covered bY this Part include existing MSWLF

units and lateral expansions, as defined at 35 Ill.

Adin.

 Code 810.103.

 This Part establishes requirements

for both new and existing disposal units within such

existing landfill facilities.

 Landfill owners or

operators are required to determine the date on which

their facilities must begin closure, which is dependent

upon the ability of existing units to meet the design

and performance standards contained in this Part.

b)

 All existing MSWLF units and lateral expansions shall

be subiect to the following standards:

 An existing MSWLF unit or a lateral expansion

operating under a

permit

modified Pursuant to

Section 814.104 shall comely with the standards

prescribed in SubPart C or SubPart D. whichever is

ai~licable.

 An existing NSWLF unit or a lateral expansion

 operatin~under

 a permit issued pursuant to 35

Ill.

 Adtn.

 Code 813 shall comply with the terms of

the permit and the standards prescribed in Section

814.Subpart C for existing MSWLF units.

 An existing MSWLF unit or a lateral expansion

operating under a permit issued Pursuant 35 Ill.

Adm. Code 807 shall comply with the terms

 of the

Permit and the requirements specified in Section

814.Appendix A until the units’s permit is

modified in accordance with Section 814.104.

j)~.

 An existing MSWLF unit or a lateral expansion that

is newlY required to obtain a permit under Section

132

21(d)

 of the Act on or after October

9.

 1993 shall

comply with the standards prescribed in Subpart C

or Subpart

 D, whichever is applicable,

~c)

 The requirements of Sections 814.104,

 814.105 and

814.106 of this Subpart apply only to those landfill

facilities identified as existing facilities in

subsection

 (a) and which require an Agency issued

permit.

~j

 In addition to the requirements of subsection

 (c). an

owner or operator of an existing MSWLF unit shall

comply with the following:

 permit.

requirements specified in Sections 814.108

and 814.109; and

 any other applicable Federal rules,

 laws.

regulations,

 or other requirements.

BOARD NOTE:

 Subsection

 (d) (2)

 is Derived from 40 CFR

258.3

(1992).

eQ)

 All general provisions of 35 Ill.

Adm.

Code 810 apply

to this Part.

Section 814.102

 Compliance Date

Unless otherwise expressly provided in Sections 814.105

~g

814.107, all landfills with existing units shall comply with the

requirements of this Part within six months of the effective date

of this Part.

Section 814.103

 Notification to Agency

No later than six months after the effective date of this Part,

all owners or operators shall send notification to the Agency

describing the facility, estimated date of closure of existing

units, and whether the facility is subject to the requirements of

Subpart

B,

 Subpart C,

 Subpart D, or Subpart

E.

Section 814.104

 Applications for Significant Modification of

Permits

All

owners

 operators of landfills permitted pursuant

to Section 21(d)

 of the Environmental Protection Act

(Act)

 (Ill. Rev.

 Stat.

 1989,

ch.

 lii. 1/2, par 1021(d))

shall file an application for a significant

modification to their permits for existing units,

unless the units will be closed pursuant to Subpart E

 within two years of the effective date of this Part.

133

b)

 The owner or operator of an existing unit shall submit

information required by 35 Ill. Adm. Code 812 to

demonstrate compliance with Subpart B, Subpart C or

Subpart D, whichever is applicable.

c)

 The application shall be filed within 48 months of the

effective date of this Part,

 or at such earlier time as

the Agency shall specify in writing pursuant to 35 III.

Adin.Code 807.209 or 813.201(b).

d)

 The application shall be made pursuant to the

procedures of 35

 Ill. Adm. Code 813.

Section 814.105

 Effect of Timely Filing of Notification and

Application for Significant Modification

a)

 Permits issued pursuant to 35

 Ill. Adm. Code 807 prior

to the effective date of this Part remain in full force

and effect until superseded by a permit issued pursuant

to this Part or until revoked as a result of an

enforcement action brought pursuant to Title VIII of

the Act.

b)

 An owner or operator who has timely filed a

notification pursuant to Section 814.103 and an

application for significant permit modification

pursuant to Section 814.104 shall continue operation

under the terms of its existing permits until final

determination by the Agency on its application and any

subsequent appeal to the Board pursuant to Section 40

 of the Act.

 During this time, the owner or operator

will be deemed to be in compliance with all

requirements of this Part.

Section 814.107

 Compliance Dates for Existing

MSWLF

Units and

Lateral Expansions

~j

 ExcePt as specified in subsections

 (b) or

 (c). all

existing MSWLF units and lateral expansions shall

com~lvwith the applicable requirements of this Part in

accordance with Section 814.101(b)

 on or before October

9,

 1993.

~j

 An existing MSWLF unit or a lateral expansion that

meets the conditions of subsections

 (b) (1).

 (b) (2), and

(b) (3) and receive waste after October

9.

 1993 but stop

receiving waste before April

9.

1994

 is exempted from

the additional requirements prescribed for existing

MSWLF units and lateral expansions in this Part.

The

exemption conditions are as follows:

134

flU.

 The unit accented 100 tons Per day or less of

solid waste for disposal between October 9.

1991

and october 9,

 1992.

 The unit shall not accept more than 100 tons

perday for disposal between October 9.

 1993 and

April

9.

 1994.

 The unit is not on the National Priority list

 (NPL)

 as found in 40 CFR 300 ApDendix B.

gj

 An existing MSWLF unit or a lateral expansion of an

existing unit is exempted from the additional

requirements presecribed for MSWLF units in this Part

until April

8.

 1994,

 if the A~encvdetermines that such

a unit or lateral expansion is needed to receive flood—

related waste.

BOARD NOTE:

 The compliance dates specified in subsections

(a) and

 (b) reflect the revisions adopted by the USEPA in

the Federal Register Notification ~ub1ished on October

1.

1993

 (see 58 FR 51536).

Section 814.108

 Interim Permit Requirements for Existing

NSWLF

Units

~

EXCEPT

FOR

LATERAL

EXPANSION

EXISTING

 MSWLF

UNIT REQUIRED TO RECEIVE A PERMIT MODIFICATION UNDER

SECTION 21(t) OF THE ACT,

 BY SEPTEMBER 1.

 1993, OR

WITHIN 30 DAYS FOLLOWING THE EFFECTIVE DATE OF PA. 88-

496 (September

13,

 1993). WHICHEVER OCCURS FIRST, THE

OWNER

OR OPERATOR OF AN EXISTING MSWLF UNIT SHALL

SUBMIT TO THE AGENCY A WRITTEN APPLICATION FOR A PERMIT

(IF NO PERMIT

HAS

BEEN ISSUED UNDER SECTION 21(d)

OF

THE ACT) OR A PERMIT MODIFICATION

 (IF A PERMIT

HAS

BEEN

ISSUED

UNDER

SECTION 21(d)

 OF THE ACT) ON FORMS

PRESCRIBED AND PROVIDED BY THE AGENCY.

~j

 PERSONS

WHO

SUBMIT AN APPLICATION FOR A PERMIT OR

PERMIT MODIFICATION UNDER SUBSECTION

 (a) AND SECTION

22.42(a) OF THE ACT SHALL BE DEEMED TO HAVE AN INTERIM

PERMIT_OR_INTERIM PERMIT MODIFICATION ON OCTOBER

9.

1993,

 OR 30 CALENDAR DAYS AFTER THE AGENCY RECEIVES THE

A.PPLICATION UNDER SUBSECTION

 (a) ABOVE AND SECTION

...2.42(a) OF THE ACT. WHICHEVER OCCURS FIRST. EXCEPT

THAT:

 THE AGENCY

MAY

IMPOSE SUCH CONDITIONS TO THE

INTERIM PERMIT OR INTERIM PERMIT MODIFICATION

LAW

AS

MAY

NECESSARY

ACCOMPLISH

THE PURPOSES OF

THE ACT

AND

AS

ARE

NOT INCONSISTENT WITH THE

REGULATIONS DESCRIBED IN SECTION 22.41 OF THE ACT.

135

21

 NO INTERIM PERMIT OR INTERIM PERMIT MODIFICATION

SHALL

DEEMED

ISSUED

UNDER

THIS

SUBSECTION

AND

SUBSECTION

22.42(b)

THE

ACT

THE

AGENCY

PROVIDES

WRITTEN

NOTIFICATION TO THE APPLICANTS ~BY

OCTO8ER

1.

 1993 OR WITHIN 30 CALENDAR DAYS

AFTER

THE AGENCY RECEIVES THE APPLICATION UNDER THIS

SECTION. WHICHEVER OCCURS FIRST.

THAT:

~j

THE

APPLICATION IS

INCOMPLETE:

OR

~

THE

APPLICANT MUST SUBMIT AN APPLICATION FOR

LATERAL

EXPANSION

PURSUANT

SECTION

21(t)

OF_THE

ACT.

çj

 AN INTERIM PERMIT OR AN INTERIM PERMIT MODIFICATION

DEEMED ISSUED UNDER THIS SECTION AND SECTION 22.42 OF

THE ACT TO AN EXISTING

MSWLF

UNIT SHALL EXPIRE UPON

THE

OCCURRENCE

THE

FOLLOWING.

WHICHEVER

OCCURS

FIRST:

fl

SIX

CALENDAR

YEARS

FROM

THE

DATE

UPON

WHICH

THE

INTERIM

PERMIT

INTERIM

 PERMIT MODIFICATION WAS

DEEMED

ISSUED

UNDER

THIS

SECTION

AND

SECTION

22.42

THE

ACT.

EXCEPT

THAT

THE

 EVENT THAT

THE AGENCY IS

REVIEWING AN

APPLICATION FOR A

 PERMIT OR A SIGNIFICANT MODIFICATION OF A PERMIT

FOR

THE

MSWLF

UNIT.

 OR IN THE

EVENT

THAT

BOARD

REVIEW OF A PERMIT DENIAL OR CONDITIONS OF A

PERMIT OR SIGNIFICANT MODIFICATION OF THE PERMIT

FOR THE MSWLF UNIT PURSUANT TO SECTION 40 OR 41 OF

THE ACT IS PENDING AT THE END OF 6 CALENDAR

YEAR

PERIOD. THE INTERIM PERMIT OR INTERIM PERMIT

MODIFICATION SHALL EXPIRE UPON THE ISSUANCE OF

THE

AGENCY’S FINAL ACTION ON THE APPLICATION OR UPON

THE CONCLUSION OF THE BOARD PROCEEDING UNDER

SECTIONS 40 OR 41 OF THE ACT. INCLUDING THE

EXHAUSTION OF ALL RIGHTS OF APPEAL OF THE PARTIES

TO THE PROCEEDING.

21

 FINAL ACTION BY THE AGENCY ON AN APPLICATION FOR A

PERMIT_OR SIGNIFICANT MODIFICATION OF A PERMIT ON

OR AFTER OCTOBER

9.

 1993. FOR THE MSWLF UNIT WHERE

THE_AGENCY NOTIFIES THE APPLICANT

THAT

THE

AGENCY’S

REVIEW

OF

THE

APPLICATION INCLUDED A

REVIEW OF .THE .MSWLF UNIT’S COMPLIANCE WITH BOARD

RULES ADOPTED UNDER SECTION.22.40 OR 22.41 OF THE

ACT.

fl

 THE BOARD REVOKES THE INTERIM PERMIT OR THE

INTERIM PERMIT MODIFICATION DEEMED ISSUED UNDER

THIS SECTION

AND

SECTION 22.42 OF THE ACT IN AN

ENFORCEMENT ACTION BROUGHT UNDER THE ACT.

 (Section 22.42

 of the Act.)

136

Section 814.109

 Permit Modification Requirements for Lateral

Expansions at Existing MSWLF Units

PERSON

SHALL

CAUSE

ALLOW

LATERAL

EXPANSION

MUNICIPAL SOLID WASTE LANDFILL UNIT ON OR AFTER OCTOBER

9.

 1993. WITHOUT A PERMIT MODIFICATION. GRANTED BY THE

AGENCY, THAT AUTHORIZES THE LATERAL EXPANSION.

(Section 21(t)

 of the Act.)

~

 An owner or operator of an existing MSWLF unit seekin~

a lateral expansion shall submit to the agency an

application for a permit modification using the forms

specified by the Agency.

~j

 An owner or operator of an existing MSWLF unit

operating under a permit modified pursuant to Section

814.104 shall submit the information required by 35

Ill. Adm. Code 811 and 812 to demonstrate compliance

with the additional requirements prescribed for lateral

expansions under Subpart C or Subpart D, whichever is

applicable.

~j

 An owner or operator of an existing MSWLF unit

operating under a permit issued pursuant to 35 Ill.

Adm. Code 813 shall submit the information required by

35 Ill.

 Adm. Code 811 and 812 to demonstrate compliance

with the additional requirements prescribed for

existing MSWLF units under Section 814.Subpart C.

~j

 An owner or oPerator of an existing MSWLF unit

operating in accordance with Section 814.105 under a

permit issued pursuant 35 Ill. Adm. Code 807 shall

submit the information required by Section 814.Appendix

A to demonstrate compliance with the specific Subtitle

D standards listed in Appendix A.

fl

 The application shall be made pursuant to the permit

modification procedures of 35 Ill. Adm. Code 813 or

807. whichever is applicable.

BOARD NOTE:

 The Board envisions that the informational

requirements for existing MSWLF units with permits issued

pursuant to 35 Ill. Adm. Code 813 and 814 (subsections

(c)

and

 (d)) will be minimal, since most of the information

required by Parts 811 and 812 would have been submitted to

the Agency along with the application for a new permit or a

significant modification of an existing permit.

SUBPART

C:

 STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AN~

Q~

PUTRESCIBLE

WASTES

THAT

 MAY REMAIN

OPEN FOR MORE

THAN

SEVEN

YEARS

137

Section 814.302

 Applicable Standards

a)

 All of the requirements for new units described in 35

Ill. Adm. Code 811 shall apply to units regulated under

this Subpart except the following:

1)

 The location standards in 35 Ill. Adm. Code

 811.302(a),

 (d), ané

 (e) and (f)

2)

 The foundation and mass stability analysis

standards in 35 Ill. Adm. Code 811.304 and 811.305

3)

 The final cover requirements of 35 Ill. Adm Code

811.314 shall not apply to units or parts of units

closed, covered and vegetated prior to the

effective date of this Part.

4)

 The liner and leachate drainage and collection

requirements of 35 Ill.

 Athn. Code 811.306,

811.307, and 811.308; and

5)

 The hydrogeological site investigation require-

ments of 35

 Ill. Adm. Code 811.315, except that

information shall be collected to implement a

groundwater monitoring program in accordance with

35 Ill. Adm. Code 811.318 and 811.319 and

establish background concentrations for the

purpose of establishing water quality standards

pursuant to 35 Ill.

 Adm. Code 811.320; and

b)

 Units regulated under this Subpart shall be subject to

the following standards:

1)

 The unit must be equipped with a system which will

effectively drain and collect leachate and

transport it to a leachate management system;

2)

The

 owner or operator shall provide a long—term

static safety factor of at least 1.5 to protect a

completed unit against slope failure;

3)

 Calculation of the Design Period

For the purposes of calculating financial

assurance for existing landfills,

 other than

existing MSWLF units and lateral expansions.

the

design period shall be calculated as follows:

A)

 The design period shall be no less than the

operating life of the landfill plus fifteen

years of postclosure care;

138

B)

 The postclosure care period shall be extended

by three years for each year the unit is

expected to be in operation up to the

applicable design period required by 35 Ill.

Adm. Code 811

 (For example, an existing unit

with expected operating lives of three, seven

or 12 years after the effective date of this

Part would be required to provide financial

assurance during operation and for a

postclosure care period of either 15 years

since

3 x

3

 9 years is less than the 15

year minimum specified in subsection

(b) (3) (A); 21 years since

3 x

7

 21 years;

or 30 years since

 3 x 13

 39 years is

greater than the 30 years specified in

Section 811.303(a),

 respectively); and

C)

 The design period may not be reduc~das

allowed by 35 Ill. Adm. Code 811.303(b)

and

(c).

~J.

 Airport Safety Requirements for existing

MSWLF

units

and lateral expansions.

fl

 An owner or operator of an existing

MSWLF

unit or

a lateral expansion that is located within 10,000

feet

 (3,048 meters) of any airport runway end used

by turbojet aircraft or within 5,000 feet

 (1.524

meters)

 of any airport runway end used by only

piston-type aircraft shall:

~j

 Demonstrate that the unit is designed and

operated so that the MSWLF unit does not pose

a bird hazard to aircraft; and

~j

 place the demonstration required by

subsection

 (c) (1) (A)

 of this section in the

operating record and submit a copy of the

demonstration to the Agency.

21

 An owner or operator of an existing MSWLF unit

seeking a lateral expansion within a five—mile

radius of any airport runway end used by turbo-let

or piston-’~tvpeaircraft shall notify the affected

airport and the Federal Aviation Administration

(FAA).

fl

 For purposes of this Section:

~

 “Airport” means public—use airport open to

the public without prior permission and

139

without

restrictions

within

the

physical

capacities of available facilities.

~J

 “Bird hazard” means an increase in the

likelihood of bird/aircraft collisions that

may cause damage to the aircraft or iniury to

 its occupants.

~

 Notwithstanding any exemptions under subsection (aL

existing MSWLF units shall be sublect to the foundation

and mass stability standards at 35 Ill.

 Adin. Code

811.304, 811.305 and 811.306(b).

~j

 Notwithstanding any exemptions under subsection

(a)

or

any requirements under subsection

 (b), lateral

expansions at existing MSWLF units shall be subiect to

the following requirements:

~j

 The foundation and mass stability standards at 35

Ill. Adm. Code 811.304 and 811.305

21

 The liner and leachate drainage and collection

re~quirementsat 35111, Adm. Code 811.306.

811.307. and 811.308;

and

21

 The aroundwater impact assessment requirements at

35 Ill. Mm.

 Code 811.317

fj.

 Existing MSWLF units that are unable to meet the

location restrictions pertaining to floodplains and

airports specified at Sections 814.302(a)

and

814.302(c). or the foundation and mass stability

standards s~ecifled at Section 814.302(d)

 shall close

by October 9.

 1996.

 Such units shall comply with all

of the applicable standards of this Part including

closure and ~ostclosure care activities.

gj

 The deadline for closure of required by subsection

(f)

of this Section maY be extended u~to two years if the

owner or operator of an existing MSWLF unit

 demonstrates to the Aaencv that:

fl

 There

 is no available alternative disposal

capacity; and

21

 There

 is no immediate threat to human health and

the environment.

BOARD NOTE:

 Subsection

(c)

 is derived from 40 CFR

258.10

 (1992.

 Subsections

 (f) and

(g)

 are derived from

40 CFR 258.16 (1992).

140

SUBPART D:

 STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AN~

OR

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section 814.402

 Applicable Standards

a)

 All of the requirements for new units described in 35

Ill. Adm. Code 811 shall apply to units regulated under

this Subpart except the following:

1)

 The location standards in 35 Ill. Adm. Code

811.302(a),

 (c),

 (d), an4

 (e). and (f)

2)

 The foundation and mass stability analysis

standards in 35

 Ill. Adm. Code 811.304 and

811.

305;

3)

 The liner and leachate drainage and collection

requirements of 35 Ill. Adm. Code 811.306,

811.307, and 811.308;

4)

 The final cover requirements of 35 Ill.

Adm

Code

811.314 shall not apply to units or parts of units

closed, covered and vegetated prior to the

 effective date of this Part;

5)

 The hydrogeological site investigation require-

ments of 35 Ill. Adm. Code 811.315;

6)

 The groundwater impact assessment standards of 35

Ill. Adm. Code 811.317;

7)

 The groundwater monitoring program requirements of

35

 Ill. Adm. Code 811.318(c);

and

8)

 The groundwater quality standards of 35 Ill. Adm.

Code 811.320(a),

 (b) and

 (c).

b)

 The following standards shall apply to units regulated

under this Subpart:

1)

 No new units shall be opened and an existing unit

may not expand beyond the area included in a

permit prior to the effective date of this Part

or,

 in the case of permit exempt facilities,

beyond the area needed for landfilling to continue

until closure is initiated.

2)

 After the effective date of this Part, the unit

may not apply for supplemental wastestream permits

to accept new special wastes.

 However, the unit

141

may continue to accept special waste under permits

existing prior to the effective date of this Part

and may renew those permits as necessary.

3)

 Groundwater Standards

A unit shall not contaminate a source of drinking

water at the compliance boundary, defined as any

point on the edge of the unit at or below the

ground surface.

 At any point on the compliance

boundary, the concentration of constituents shall

not exceed the water quality standards specified

in 35

 Ill. Adm. Code 302.301, 302.303,

 302.304,

and 302.305.

 The Board may provide for a zone of

attenuation and adjust the compliance boundary in

accordance with Section 28.1 of the Act and the

procedures of 35 Ill. Adm. Code 106.Subpart G upon

petition demonstration by the owner or operator

that the alternative compliance boundary will not

result in contamination of groundwater which may

be needed or used for human consumption.

In

reviewing such petitions, the Board will consider

the following factors:

A)

 The hydrogeological characteristics of the

unit and surrounding land,

 including any

natural attenuation and dilution character-

istics of the aquifer;

B)

 The volume and physical and chemical char-

acteristics of the leachate;

C)

 The quantity, quality, and direction of flow

of groundwater underlying the facility;

D)

 The proximity and withdrawal rates of ground-

water users;

E)

 The availability of alternative drinking

water supplies;

F)

 The existing quality of the groundwater,

including other sources of contamination and

their cumulative impacts on the groundwater;

G)

 Public health,

 safety, and welfare effects;

and

H)

 In no case shall the zone of compliance

extend beyond the facility property line or

beyond the annual high water mark of any

navigable surface water.

142

fl

 Notwithstanding the limitations of subsection

814.402(b) (3) (H).

 in no case shall the zone

of compliance at an existing MSWLF unit

extend beyond 150 meters from the edge of the

unit.

4)

 Calculation of the Design Period

For the purposes of calculating financial

assurance for existing landfills,

 other than

~ixistingMSWLF units and lateral expansions,, the

design period shall be calculated as follows:

A)

 The design period shall be no less than five

years; and

B)

 The postclosure care period shall be extended

by three years for each year the unit is

expected to be in operation up to the

applicable design period required by 35 Ill.

Adin. Code 811.

 (For example, an existing

unit with an expected life of three years

~afterthe effective date of this Part would

be required to provide financial assurance

for nine years of postclosure care,

9

3

x

3.)

C)

 The design period may not be reduced as

allowed by 35 Ill. Adm. Code 811.303(b)

and

(c).

gj

 Airport Safety Requirements for existing MSWLF units

 and lateral expansions.

fl

 An owner or operator of an existing MSWLF unit or

a lateral expansion that is located within 10.000

feet (3.048 meters)

 of any airport runway end used

by turbojet aircraft or within 5,000 feet

 (1.524

meters)

 of any airport runway end used by only

piston-type aircraft shall:

~J.

 Demonstrate that the unit is designed and

operated so that the MSWLF unit does not pose

a bird hazard to aircraft; and

~

 place the demonstration required by

subsection

 (c) (1) (A) of this Section in the

operating record and submit a copy of the

demonstration to the Agency.

21

 An owner or operator of an existing MSWLF unit

seeking a lateral expansion within a five—mile

143

radius of any airport runway end used by turbolet

or piston-tYpe aircraft shall notify the affected

airport and the Federal Aviation Administration

(FAA).

fl

 For purposes of this Section:

~

 “Airport” means public—use airport open to

the public without prior permission and

without restrictions within the physical

capacities of available facilities.

~

 “Bird hazard” means an increase in the

likelihood of bird/aircraft collisions that

may cause damage to the aircraft or inlurv to

its occupants.

~

 Notwithstanding any exemptions under subsection

 (bi..

existing MSWLF units shall be subiect to the foundation

and mass stability standards at 35

 Ill.

 Adm. Code

811.304. 811.305. and 811.306(b).

~j

 Notwithstanding any exemptions under subsection

 (a) or

any requirements under subsection

 (b). lateral

expansions at existing MSWLF units shall be subiect to

the following requirements:

fl

 The foundation and mass stability standards at 35

Ill.

 Adxn. Code 811.304 and 811.305

21

 The liner and leachate drainage and collection

requirements at 35

 Ill. Adm. Code 811.306.

811.307. and 811.308; and

~j.

 The groundwater impact assessment requirements at

35

 Ill. Adm. Code 811.317.

 if the unit is equipped

with a compacted earth liner in accordance with

Section 811.306(d).

4j.

 The aroundwater monitoring systems requirements at

35 Ill.

 Adm. Code 811.318

~j

 The ~roundwater quality standards at 35 Ill. Adm.

Code 811.120.

fi

 Existing MSWLF units that are unable to meet the

location restrictions pertainin~to floodplains and

airports specified at Sections 814.302(a)

 and 302(c)

following

 or the foundation and mass stability

standards specified at Section 814.302(d)shall close by

October

9,

 1996.

 Such units shall com~lvwith all of

144

the a~p1icablestandards of this Part including closure

and ~ostclosure care activities.

gj

 The deadline for closure of required by subsection

(f)

of this section may be extended u~to two years

if

the

owner or operator of an existing MSWLF unit

demonstrates to the Agency that:

fl

 There is no available alternative disposal

capacity; and

21

 There is no immediate threat to human health and

the environment.

BOARD NOTE:

 Subsection 814.402(b) (3) (H)

 implements the

compliance zone distance requirement specified at 40

CFR 258.40(d)

(1992).

 Subsection

(C)

 is derived from

40 CFR 258.10.

 Subsections

 (f) and

(g)

 are derived

from 40 CFR 258.16

 (1992).

SUBPART E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY, OR ACCEPTING

CHEMICAL

AND

PUTRESCIBLE

WASTES

THAT

MUST

INITIATE CLOSURE WITHIN

TWO YEARS

Section 814.501

 Scope and Applicability

a)

 The standards in this Subpart are applicable to all

existing units of landfills,

 including those exempt

from permit requirements in accordance with Section

21(d)

 of the Act, that accept inert waste only, or

which accept chemical and putrescible wastes.

b)

 All units that cannot demonstrate compliance with the

requirements of Subpart B~e~Subpart C or Subpart D

are scheduled to begin closure within two years of the

effective date of this Part must begin closure within

two years

 of the effective date of this Part.

c)

 A new permit shall not be required for any facility at

which all units will close within two years of the

effective date of this Part.

145

Section 814.A~pendixA

 Additional Requirements for Existing

MSWLF Units and Lateral Expansions

Operating Under Permits Issued Pursuant

to

 35 Ill. Adm. Code 807.

~j

 An existing MSWLF unit operatina under a ~erait issued

pursuant to 35 Ill. Adm. Code 807 shall com~lvwith the

following requirements of the federal Subtitle D

standards under 40 CFR 258

 (1992)

 until the unit’s

permit

 is modified in accordance with Section 814.104:

fl

 Location restrictions:

~1

 40 CFR 258.10

 (a) and (c)

~j

 40 CFR 258.11 (a)

~j

 40 CFR 258.15

P1

 40 CFR 258.16 (a)

21

 Operating standards:

~j

 40 CFR 258.20

~j

 40 CFR 258.23

çj

 40 CFR 258.26

P1

 40 CFR 258.27:

~j.

 40 CFR 258.28

fi

 40 CFR 258.29

(a)

 and (c)

21

 Closure and ~ostclosure care:

Al.

 40 CFR 258.60

 (c)(2)

and

 (c)(3).

 (d).

 (f).

(q)

and

 (i) ~

flj..

 40 CFR 258.61

 (a).

 (c)(3)

 and (d)

jl.

 Financial .assurance requirements:

Al

 40 CFR 258.70 (a)

.~1

 40 CFR 258.71 (a)(2)

~QL

 40 CFR 258.72

 (a) (1)

and

 (a) (2)

P1

 40 CFR 258.73; and

146

40 CFR 258.74.

~j

 In addition to the requirements of subsection

 (a). all

existing

MSWLF

units, including munici~al1yowned and

operated on-site facilities, shall comply with the

financial assurance requirements specified at 35 IlL

Mm. Code 807.Subpart

F.

~j

 A lateral expansion at an existing MSWLF unit operating

under a permit issued pursuant to 35 Ill. Adm. Code 807

shall comply with the following requirements of the

federal Subtitle 0 standards under 40 CFR 258

 (19920

until the unit’s permit is modified in accordance with

 Section 814.104:

fl

 Location restrictions:

 40 CFR 258.10

 (a).

 (b) and

(C)

~j

 40 CFR 258.11 (a)

Qj

 40 CFR 258.12 (a)

Q1

 40 CFR 258.13

~j

 40 CFR 258.14

 40 CFR 258.15

P1

 40 CFR 258.16 (a)

21

 Operating standards:

40 CFR 258.20;

40 CFR 258.23;

40 CFR 258.26;

40 CFR 258.27;

40 CFR 258.28;

fi

40•CFB

258.29

(a)

and

(C)

IL

Closure

and

postclosurecare:

CFR

258.60

(c)(2)

and

(c)(3),

(d),

(f).,

(g)

and

(1)

40 CFR 258.61

 (a).

 (c)(3)

and

 (d):

147

j)

 Financial assurance requirements:

 40 CFR 258.70 (a)

 40 CFR 258.73. (a)(2)

Q)

 40 CFR 258.72

 (a)(1)

and

 (a)(2)i.

 40 CFR 258.73; and

~j

 40 CFR 258.74.

~

 In addition to the requirements of subsection

 (b) of

this appendix, a lateral expansion at an existing MSWLF

unit operating under a permit issued pursuant to 35

Iii..

 Adm. Code 807 shall com~lvwith the fo1lowin~

requirements:

fl..

 flexible membrane liner requirements prescribed at

35 Ill.

 Adin. Code 811.306

 (d)(5)(A);

and

21

 All existing

MSWLF

units including munici~a1ly

owned and operated and on—site facilities shall

with the financial assurance reauirements

specified at 35 Ill. Adm. Code 807.Subpart F.

IT IS SO ORDERED.

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above supplemental opinion and

order was adopted on the

~

 day of

~

 1993, by a vote

of

7-0.

Dorothy M.

 Clerk

Illinois P

 ution Control Board