ILLINOIS POLLUTION CONTROL BOARD
November 1, 2007
IN THE MATTER OF:
PETITION FOR ADJUSTED STANDARD
FROM 35 ILL. ADM. CODE 620.420 FOR
NOBEL RISLEY’S LANDFILL NO. 2
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AS 08-3
(Adjusted Standard - Groundwater)
ORDER OF THE BOARD (by N.J. Melas):
On September 5, 2007, the Board received a petition for adjusted standard from Nobel
Risley's Landfill #2 (Landfill). Nobel Risley's Landfill #2 is located in rural Franklin County
near the town of Benton. The adjusted standard concerns the Class II groundwater standards for
chloride at 35 Ill. Adm. Code 620.420. The Landfill requests an increase in the limit from 200
milligrams per liter (mg/L) to 600 mg/L, in order to allow the Illinois Environmental Protection
Agency (Agency) to issue a closure certificate for the Landfill.
The petition asserts that Rend Lake is the public water supply for the area, and no private
wells are downgradient of the Landfill. The receiving body for the Landfill area's groundwater is
the Big Muddy River. Hearing is waived "unless an objection is filed or a member of the public
requests one".
The Agency has not yet filed its recommendation on the petition for an adjusted standard
(Recommendation).
See
35 Ill. Adm. Code 104.416. The Recommendation is due to be filed
November 19, 2007, pursuant to the Board’s order of October 4, 2007. In that same order, the
Board stated that it had not yet accepted the Landfill’s petition, and made no finding as to
whether the petition satisfies the content requirements of Section 104.406 (35 Ill. Adm. Code
104.406).
In this order, the Board first determines whether the Landfill has satisfied the statutory
notice requirements for adjusted standard petitions.
See
415 ILCS 5/28.1(d)(1) (2006); 35 Ill.
Adm. Code 104.408, 104.410. The Board then identifies information deficiencies in the
Landfill’s petition and directs the Landfill to address specific deficiencies by filing an amended
petition on or before December 3, 2007.
NOTICE
Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(1)
(2006)) and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a))
require the adjusted standard petitioner to publish notice of filing the petition. Those authorities
require advertisement in a newspaper of general circulation in the area likely to be affected by
the proposed adjusted standard. The notice must indicate that any person may cause a public
hearing to be held on the proposed adjusted standard by filing a hearing request with the Board
within 21 days after publication. 415 ILCS 5/28.1 (2006); 35 Ill. Adm. Code 104.408(b).
Publication must take place within 14 days after the petition is filed.
See, e.g.
,
In re
Petition of
SCA Tissue North American, L.L.C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301
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and 218.302(c), AS 05-1 (Jan. 6, 2005) (dismissing petition for adjusted standard for lack of
jurisdiction when publication of notice occurred after 14-day period). Within 30 days after filing
the petition, the petitioner must file a certificate of publication with the Board. 35 Ill. Adm.
Code 104.410.
On September 12, 2007, the Landfill filed a certificate of publication documenting that
the required notice of the petition was provided in the
Benton Evening News
on September 8,
2007. The Board finds that the Landfill has met the notice requirements of the Act and the
Board’s procedural rules.
See
415 ILCS 5/28.1(d)(1) (2006); 35 Ill. Adm. Code 104.408,
104.410.
INFORMATIONAL DEFICIENCIES
Generally, the Board cannot grant an adjusted standard unless, “upon adequate proof by
the petitioner,” the Board determines that petitioner has satisfied the four factors in Section
28.1(c) of the Act. 415 ILCS 5/28.1(c) (2006);
see also
35 Ill. Adm. Code 104.426 (a). The
Board has completed its initial review of the Landfill’s petition. While the petition satisfies
informational requirements of 35 Ill. Adm. Code 104.426(a) for the most part, additional
information or clarification concerning the standard from which relief is sought, landfill closure
requirements, proposed adjusted standard language, and restriction against use of affected
groundwater would be helpful to the Board in making its decision. More specifically, the Board
requests additional information on the following points:
1.
Concerning Section 104.406(a) of the Board’s regulations (35 Ill. Adm. Code
104.406(a)), the standard from which adjustment is sought, the Board requests the
following additional information:
While the petition identifies the standard from which an adjustment is sought as
the Class II groundwater quality standard for chloride at 35 Ill. Adm. Code
620.420(a)(2), the Technical Justification states that groundwater at the landfill
meets the criteria to be classified as Class I.
See
Tech. Just. (11-07-06) at 5.
Although both Class I and Class II chloride standards are the same (200 mg/L),
the Landfill must clarify whether it requests a grant of relief from the Class I or
Class II chloride standard set forth at 35 Ill. Adm. Code 620.410 and 620.420,
respectively. The Landfill must also provide supporting information to justify the
appropriate classification of groundwater beneath the landfill site in accordance
with 35 Ill. Adm. Code 620, Subpart B.
2.
Concerning Section 104.406(d) of the Board’s regulations (35 Ill. Adm. Code
104.406(d)) and the facility’s description, the Board requests the following
additional information:
•
While the Landfill maintains that all closure requirements have been met,
the petition does not include a copy of the landfill permit showing the
specific closure requirements for the Landfill. The petitioner must submit
a copy of the landfill permit showing the closure requirements, including
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those pertaining to groundwater monitoring. Further, where applicable,
the Landfill must identify specific sections of the adjusted standard
technical justification that address the closure requirements included in the
permit.
•
The Landfill must describe the design and construction of the landfill,
including the type of liner, collection system, and caps used.
•
The Landfill must provide general information concerning the facility,
including its age and number of employees.
•
The Landfill must specify whether there are any emissions from the
landfill, such as leachate or gas emissions. The Landfill must state
whether any pollution control equipment is in place for landfill
management, such as for leachate or gas control, and whether operation
and maintenance of such equipment will be terminated upon certification
of closure.
3.
Under Section 104.406(f) of the Board’s regulations (35 Ill. Adm. Code
104.406(f)) and the narrative adjusted standard description, the Board requests the
following additional information:
•
As also requested above, the Landfill must clarify the appropriate
groundwater quality standard (Class I or Class II) from which relief is sought.
Further, the Landfill must specify whether the proposed 600 mg/L chloride
limit applies to dissolved chloride or total chloride.
•
The Landfill must clarify the proposed adjusted standard language to clearly
delineate the vertical and horizontal boundaries within which the adjusted
groundwater quality standard would apply by identifying the affected water
bearing unit and supplying the legal description of the landfill property.
•
The Landfill must explain the rationale for proposing an adjusted chloride
groundwater quality standard of 600 mg/L instead of a lower level that reflects
the statistically valid range of chloride levels observed at the down gradient
monitoring well G103. A review of the quarterly groundwater monitoring
data from October 1999 to May 2004 along with the more recent monitoring
results from May 2007 for G103 indicates that except for the chloride level of
516 mg/L measured on February 6, 2002, the chloride levels ranged from 221
mg/L to 350 mg/L. Further, petitioner’s consultant Leggette, Brashears and
Graham, Inc., in its February 2, 2006 response to Agency comments,
identifies the dissolved chloride level of 516 mg/L in well G103 as an
“outlier” based on the statistical analysis of the data. Tech Just. (11-7-2006)
App. A, Table 1.
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4.
Under Section 104.406(h) of the Board’s regulations (35 Ill. Adm. Code
104.406(h)) and justification for the relief sought, the Board requests the
following information:
While the petition states that groundwater beneath the landfill and down gradient
of the landfill does not presently serve as a source of drinking water, there is no
provision to include an institutional control prohibiting the use of groundwater
beneath the site for potable use. The Board has required Environmental Land Use
Controls (ELUCs) prohibiting the use of groundwater for potable purposes in
similar adjusted standards.
See, e.g.
Petition by Hayden Wrecking Corporation
for an Adjusted Standard from 35 Ill. Adm. Code 620.410(a), AS 04-3, slip op. at
20 (Jan. 6, 2005) and Petition of the Village of Bensenville for an Adjusted
Standard from 35 Ill. Adm. Code 620.410 Regarding Chloride, AS 05-2, slip op at
17 (Oct. 20, 2005). The Landfill must clarify whether it has already recorded an
ELUC specific to the site to prohibit the use of groundwater at the site for potable
purposes. If not, the Landfill must address whether any adjusted standard requires
an institutional control or Environmental Land Use Control.
The Board again notes that the Landfill has waived hearing in this proceeding unless the
Agency or an interested person requests one, so that petition deficiencies cannot be addressed at
hearing. Accordingly, the Board directs the Landfill to address these informational deficiencies
by filing an amended petition on or before December 3, 2007. Even if the Landfill has already
provided the Agency with some or all of the requested information since the September 5, 2007
filing of the petition, that information must be filed with the Board to allow the Board to fulfill
its statutory obligations. If an amended petition curing the noted deficiencies is not timely filed,
this matter may be subject to dismissal.
As stated above, the Agency Recommendation is due to be filed November 19, 2007
under the Board’s October 4, 2007 order. If the Landfill needs additional time to file an
amended petition, or the Agency needs additional time to file its Recommendation, the Board
directs the parties to apply to the hearing officer for any extension of time, and grants the hearing
officer authority to extend the deadlines set in the Board orders issued today and October 4,
2007.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on November 1, 2007, by a vote of 4-0.
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John T. Therriault, Assistant Clerk
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Illinois Pollution Control Board
