9729fin1.PDF

ILLINOIS POLLUTION CONTROL BOARD

November 19, 1998

IN THE MATTER OF:

AMENDMENTS TO REQUIREMENTS FOR

LANDSCAPE WASTE COMPOST

FACILITIES, 35 ILL. ADM. CODE

830.203, 831.107, AND 831.109(b)(3)

)

R97-29

(Rulemaking - Land)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by K. M. Hennessey):

In this proceeding, two citizens, Dr. Renuka Desai and Susan Garrett (proponents),

asked the Board to require composting areas at certain landscape waste compost facilities to be

located at least 1/2 mile from the property line of a hospital, school, athletic field, or public

park. Proponents also asked the Board to require existing composting areas located within that

setback distance to relocate. Proponents stated that the amendments were necessary because

compost facilities release spores that pose risks to human health, particularly spores of the

fungus

Aspergillus fumigatus

(

A. fumigatus

On June 17, 1998, the Board adopted a modified version of proponents’ proposal for

first notice. In its opinion and order at first notice, the Board acknowledged that responsible

composting is environmentally beneficial and that composting has not been shown to increase

risks to the general public. Furthermore, the fungus

A. fumigatus

is ubiquitous, and the

concentration of

A. fumigatus

spores at approximately 500 feet from composting areas

generally is not higher than the background concentration of

A. fumigatus

However, spores of

A. fumigatus

do pose a potential health threat to very young

children and persons with asthma, cystic fibrosis, immunocompromised or immunosuppressed

conditions, or bioaerosol allergies.

A. fumigatus

can cause allergic asthma, allergic

bronchopulmonary aspergillosis, extrinsic allergic alveolitis, and invasive aspergillosis.

Therefore, as a precaution, and consistent with the recommendations of public health

experts, the Board at first notice proposed to extend the 1/8 mile setback from residences that

currently applies to composting areas to health care facilities, preschool and child care

facilities, and primary and secondary school facilities. The Board proposed that this modified

proposal apply only to facilities developed or expanded after January 1, 1999. The Board also

proposed corresponding changes to requirements for permit applications.

On October 1, 1998, the Board adopted its opinion and order at second notice. At

second notice, in response to testimony and public comments provided after the Board’s

opinion and order at first notice, the Board amended the proposed rules to clarify: (1) the

facilities that would be protected by setbacks; (2) when setbacks would be determined; and (3)

how setbacks would be measured.

In this final opinion and order, the Board adopts the rules proposed at second notice

with minor modifications. The Board also discusses procedural matters; background for this

rulemaking; and the Board’s major findings at first and second notice. Readers seeking a more

detailed discussion of issues that the Board decided at first or second notice should consult the

Board’s opinions and orders at first and second notice. See Amendments to Requirements for

Landscape Waste Compost Facilities, 35 Ill. Adm. Code 830.203(c), 831.107, and

831.109(b)(3) (June 17, 1998), R97-29; Amendments to Requirements for Landscape Waste

Compost Facilities (October 1, 1998), R97-29.

PROCEDURAL MATTERS

Proponents filed their proposal with the Board on May 6, 1997. On June 19, 1997, the

Board accepted the proposal for hearing. Before first notice, the Board held two public

hearings in this matter: the first, in Chicago, on September 8, 1997; and the second, in

Springfield, on October 7, 1997. At the first hearing, the following witnesses testified: Susan

Garrett, a resident of the City of Lake Forest and one of the proponents; Steven Handler, a

resident of the City of Lake Forest; Gloria Loukas, a resident of the City of Lake Forest; Dr.

Renuka Desai, a resident of the City of Lake Forest and one of the proponents; Jack Darin of

the Sierra Club; William Holleman of the Illinois Citizen Action Public Education Committee;

Earl Johnson of the Illinois Citizen Action Public Education Committee; Cheryl Doros, a

resident of the City of Lake Forest; Peter Mueller, a resident of the City of Lake Forest;

Edward Grskovich, a resident of the City of Lake Forest; Jacob Dumelle of the American

Lung Association of Metropolitan Chicago; Mary Matthews, a resident of the City of Lake

Forest; Scott Garrett, a resident of the City of Lake Forest; Joyce Munie of the Illinois

Environmental Protection Agency; Elizabeth Harvey on behalf of Land and Lakes Company;

Thomas Naatz, Director of Parks, Forestry, and Public Works for the City of Lake Forest; and

Charles Pick of Organics Management Company.

At the second hearing, the following witnesses testified: Dr. Karen Strauss, on behalf

of the City of Lake Forest; Dr. Shirley Baer, Joyce Munie, and Edwin Bakowski of the Illinois

Environmental Protection Agency; Clyde Wakefield, Director of Public Works and

Engineering for the City of Crystal Lake; Dr. Paul Walker of Illinois State University; and

Andrew Quigley of the Solid Waste Agency of Lake County.

After the Board adopted its June 17, 1998 opinion and order at first notice, the Board

held a public hearing in Chicago, Illinois on August 7, 1998. At the hearing, the following

witnesses testified: Susan Garrett, a resident of Lake Forest and one of the proponents; Edwin

Bakowski and Joyce Munie of the Illinois Environmental Protection Agency; Joy Hinz of Will

County; Charles Pick of Organics Management Company; Dr. Renuka Desai, a resident of

Lake Forest and one of the proponents; Jeffrey Geiss of CDT Landfill in Joliet, Illinois; and

Susan Franzetti of Gardner, Carton & Douglas on behalf of the City of Lake Forest.

In addition, the Board received nine public comments after its opinion and order at first

notice. Complete lists of exhibits entered into the record, and public comments filed with the

Board, are attached to this opinion and order as Attachment 1 and Attachment 2, respectively.

The Board adopted its opinion and order at second notice on October 1, 1998. The

Joint Committee on Administrative Rules (JCAR) requested a few minor changes to the rules

proposed at second notice. These changes are not substantive and do not merit discussion.

With these minor modifications, JCAR considered the rules at its November 17, 1998 meeting.

JCAR issued a certificate of no objection.

BACKGROUND AND PROPOSAL

Proponents proposed that the Board amend the location standards for compost facilities

that the Board adopted in 1994,

specifically 35 Ill. Adm. Code 830.203(c). Section

830.203(c) implements Section 39(m) of the Environmental Protection Act (Act), 415 ILCS

5/39(m) (1996), and currently provides as follows:

With the exception of on-farm landscape waste operations, all landscape waste

compost facilities subject to this Part shall comply with the following:

* * *

The composting area of the facility must be

located so as to minimize

incompatibility with the character of the surrounding area, including at

least a 200 foot setback from any residence, and in the case of a facility

that is developed or the permitted composting area of which is expanded

after November 17, 1991, the composting area shall be located at least

1/8 mile from the nearest residence (other than a residence located on the

same property as the facility).

(Note: italicized language is from

Section 39(m).)

The legislature defined “landscape waste,” “compost,” and “composting” in the Act,

and the Board incorporated the same definitions into its rules. “Landscape waste” means:

all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other

materials accumulated as the result of the care of lawns, shrubbery, vines and

trees. 415 ILCS 5/3.20 (1996).

“Compost” means:

the humus-like product of the process of composting waste, which may be used

as a soil conditioner. 415 ILCS 5/3.69 (1996).

“Composting” means:

the biological treatment process by which microorganisms decompose the

organic fraction of the waste, producing compost. 415 ILCS 5/3.70 (1996).

See Regulation of Landscape Waste Compost Facilities 35 Ill. Adm. Code 830-832

(November 3, 1994), R93-29.

The location standards that the Board adopted in 1994 apply to the “composting areas”

of “on-site facilities,” “on-site commercial facilities,” and permitted “landscape waste

compost facilities.” Those location standards do not apply to “garden compost operations”

“on-farm landscape waste compost facilities.” See 35 Ill. Adm. Code 830.102 (definitions),

830.104(a) (exemption for garden compost operations), and 830.201 (scope and applicability

of Part 830).

Proponents proposed that the Board amend the location standards of 35 Ill. Adm. Code

830.203(c) by adding the language underlined below:

With the exception of on-farm landscape waste operations, all landscape waste

compost facilities subject to this Part shall comply with the following:

* * *

The composting area of the facility must be

located so as to minimize

incompatibility with the character of the surrounding area, including at

least a 200 foot setback from any residence, and in the case of a facility

that is developed or the permitted composting area of which is expanded

after November 17, 1991, the composting area shall be located at least

1/8 mile from the nearest residence (other than a residence located on the

same property as the facility)

, and a minimum of 1/2 mile from the

property line of a hospital, school, an athletic field and a public park.

Existing composting operations that are located within 1/2 mile of the

above-mentioned facilities shall be relocated to more than 1/2 mile

within six months of the effective date of this regulation.

Proponents maintained that these amendments are necessary because landscape waste compost

facilities release spores into the air that pose risks to human health. The spores that cause

proponents greatest concern are spores of the fungus

A. fumigatus

At first notice, the Board proposed to extend the existing 1/8 mile setback from

residences to (1) health care facilities, (2) preschool and child care facilities and their

associated recreational areas, and (3) primary and secondary schools and their

associated recreational areas. The Board proposed that the new setback requirements

apply only to facilities developed or expanded after January 1, 1999. The Board also

proposed corresponding changes to requirements for permit applications. See

Amendments to Requirements for Landscape Waste Compost Facilities (June 17,

1998), R97-29, slip op. at 41-46.

At second notice, in response to testimony and public comments, the Board

clarified several aspects of the setback requirements. As proposed at second notice, the

Board revised Section 830.203(c) to read as follows:

“Garden compost operation” means “an operation which (1) has no more than 25 cubic yards

of landscape waste, composting material or end-product compost on-site at any one time and

(2) is not engaging in commercial activity.” 35 Ill. Adm. Code 830.102.

3c)

The composting area of the facility must be

located so as to minimize

incompatibility with the character of the surrounding area, including at

least a 200 foot setback from any residence, and in the case of a facility

that is developed or the permitted composting area of which is expanded

after November 17, 1991, the composting area

shall be

located at least

1/8 mile from the nearest residence (other than a residence located on the

same property as the facility

). (Section 39(m) of the Act.) In addition,

in the case of a facility that is developed or the permitted composting

area of which is expanded after January 1, 1999, the composting area

shall be located at least 1/8 mile from the property line of each of the

following:

Facilities that primarily serve to house or treat people that

are immunocompromised or immunosuppressed, such as

cancer or AIDS patients; people with asthma, cystic

fibrosis, or bioaerosol allergies; or children under the age

of one year;

Primary and secondary schools and adjacent areas that the

school uses for recreation; and

Any facility for child care licensed under Section 3 of the

Child Care Act of 1969, 225 ILCS 10/3; preschools; and

adjacent areas that the facility or preschool uses for

recreation.

The Board also added a new subsection (b) to Section 830.203 to address when

setbacks are to be measured:

A facility’s compliance with the location standards set forth in subsection (a) of this

section shall be determined at the time described below:

For a facility that is required to obtain a permit under Section 21(d) of the Act,

at the time that a complete permit application for a new or expanded facility is

filed with the Agency under 35 Ill. Adm. Code 832; or

For a facility that is not required to obtain a permit under Section 21(d)

of the Act, at the time that construction of the new or expanded facility

begins.

In addition, the Board made corresponding changes to permit application requirements. See

Amendments to Requirements for Landscape Waste Compost Facilities (October 1, 1998),

R97-29, slip op. at 23-29.

DISCUSSION

Summary of Board Findings at First Notice

At first notice, the Board made the following findings:

The fungus

A. fumigatus

is ubiquitous. While responsible composting is

environmentally beneficial, composting generates elevated levels of

fumigatus

. Airborne

A. fumigatus

spores from compost facilities may occur at

levels above its background concentration in nearby, downwind, off-site areas.

A. fumigatus

spores pose little, if any, health threat to healthy individuals in the

general public. No relationship between exposure to certain levels of

fumigatus

spores and adverse health effects (

i.e.

, a “dose-response

relationship”) has been demonstrated. However, spores of

A. fumigatus

pose a potential health threat to persons with asthma, cystic fibrosis,

immunocompromised or immunosuppressed conditions, or bioaerosol allergies.

Very young children are also potentially at greater risk because their immune

systems are immature. In these sensitive groups,

A. fumigatus

can cause

allergic asthma, allergic bronchopulmonary aspergillosis, extrinsic allergic

alveolitis, and invasive aspergillosis.

While operating standards can minimize the off-site distribution of

A. fumigatus

spores, it appears that even good management practices at compost facilities do

not necessarily prevent downwind

A. fumigatus

spore concentrations from being

above background levels in nearby, off-site areas. Generally, the concentration

A. fumigatus

spores falls to background within approximately 500 feet of a

composting area.

As a precaution, and consistent with the recommendations of public health

experts, composting areas developed or expanded after January 1, 1999 should

be set back from the following facilities: (a) health care facilities; (b) primary

and secondary schools and their associated recreational areas; and (c) preschool

and child care facilities and their associated recreational areas.

The Board found that the current 1/8 mile (660 feet) setback for residences

should be extended to these other facilities. The Board proposed corresponding

changes to requirements for permit applications.

Since the additional setback requirements would be imposed as a matter of

prudence in the face of a potential health threat, and in light of the potential

economic costs of relocating or closing existing compost facilities, the Board

proposed to apply the new setback requirements only to composting areas

developed or expanded after January 1, 1999.

Summary of Board Findings at Second Notice

At the public hearing and in the public comments filed after the Board adopted its

opinion and order at first notice, participants in this rulemaking raised several issues. These

issues were: the Board’s authority to adopt the proposed rules; the advisability of the proposed

rules generally; the technical feasibility and economic reasonableness of the proposed rules;

the application of the proposed rules to existing compost facilities; how the proposed rules

would apply in various situations; and the facilities that would be protected.

The Board reviewed the testimony and comments and concluded first, that the Board

has the power to adopt the proposed rules; second, that the proposed rules are technically

feasible and economically reasonable; and third, that the proposed rules should not be applied

to existing compost facilities. Based on the testimony and comments, the Board also revised

the proposal adopted at first notice as follows:

The Board added a provision to clarify when and how the proposed setbacks are

to be measured. For a facility that is required to have a permit under Section

21(d) of the Act, the facility’s compliance with the location standards is

determined at the time a complete permit application for a new or expanded

facility is filed with the Agency. For a facility that is not required to obtain

such a permit, compliance with the location standards is determined at the time

construction of the new or expanded facility begins. Measurements to

determine setback compliance are made from the edge of the composting area to

the property line of the protected facilities.

The Board deleted “health care facilities” from the regulation and substituted a

narrower description of the types of health care facilities that the regulation

covers. Specifically, the Board replaced “health care facilities” with “facilities

that primarily serve to house or treat people that are immunocompromised or

immunosuppressed, such as cancer or AIDS patients; people with asthma, cystic

fibrosis, or bioaerosol allergies; or children under the age of one year.”

The Board deleted “child care facilities” and substituted a more precise term.

Specifically, the Board replaced “child care facilities” with “any facility for

child care licensed under Section 3 of the Child Care Act of 1969, 225 ILCS

10/3.”

The Board deleted “associated recreational areas” and substituted a more precise

term. The proposed rules at first notice extended the setbacks to “primary and

secondary schools and their associated recreational areas” and to “preschool and

child care facilities and their associated recreational areas.” The Board agreed

that the term “associated recreational areas” may be difficult to interpret,

especially in those cases in which a school uses an arena or field that it does not

own or is not adjacent to the school. Accordingly, the Board deleted

“associated recreational areas” and substituted “adjacent areas that the [facility]

uses for recreation.”

CONCLUSION

The Board finds that the proposed amendments are economically reasonable and

technically feasible and adopts them as a final rule.

ORDER

The Board adopts as a final rule the following amendments to 35 Ill. Adm. Code 830

and 831. The Board directs the Clerk of the Board to file the following revised proposal with

the Secretary of State for publication as a final rule.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 830

STANDARDS FOR COMPOST FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

830.101

Purpose, Scope and Applicability

830.102

Definitions

830.103

Incorporations by Reference

830.104

Exempt Operations and Activities

830.105

Permit-Exempt Facilities and Activities

830.106

On-Farm Landscape Waste Compost Facility

830.107

Compliance Dates

830.108

Severability

SUBPART B: STANDARDS FOR OWNERS AND OPERATORS OF LANDSCAPE

WASTE COMPOST FACILITIES

Section

830.201

Scope and Applicability

830.202

Minimum Performance Standards and Reporting Requirements for

Landscape Waste Compost Facilities

830.203

Location Standards for Landscape Waste Compost Facilities

830.204

Additional Stormwater and Landscape Waste Leachate Controls at

Permitted Landscape Waste Compost Facilities

830.205

Additional Operating Standards for Permitted Landscape Waste Compost

Facilities

830.206

Operating Plan for Permitted Landscape Waste Compost Facilities

830.207

Salvaging at Permitted Landscape Waste Compost Facilities

830.208

Access Control at Permitted Landscape Waste Compost Facilities

830.209

Load Checking at Permitted Landscape Waste Compost Facilities

830.210

Personnel Training for Permitted Landscape Waste Compost Facilities

830.211

Recordkeeping for Permitted Landscape Waste Compost Facilities

830.212

Contingency Plan for Permitted Landscape Waste Compost Facilities

830.213

Closure Plan for Permitted Landscapse Waste Compost Facilities

SUBPART E: QUALITY OF END-PRODUCT COMPOST

Section

830.501

Scope and Applicability

830.502

Compost Classes

830.503

Performance Standards for General Use Compost

830.504

Testing Requirements for End-Product Compost Derived from

Landscape Waste

830.507

Sampling Methods

830.508

Off-Specification Compost

SUBPART F: FINANCIAL ASSURANCE

Section

830.601

Scope and Applicability

830.602

Financial Assurance Plan

830.603

Written Cost Estimate

830.604

Financial Assurance Fund

830.605

Financial Assurance Mechanism

830.606

Financial Assurance Certification

Appendix A Early Detection and Groundwater Monitoring Program

Appendix B Performance Test Methods

Table A

Inorganic Concentration Limits for General Use Compost

Table B

Sampling and Handling Requirements

Table C

Seed Germination Record Sheet

AUTHORITY: Implementing Sections 5, 21, 22.33, 22.34, 22.35 and 39 and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 22.33, 22.34, 22.35, 27

and 39].

SOURCE: Adopted at 18 Ill. Reg. 17017, effective November 15, 1994; amended in R97-

29 at 22 Ill. Reg. ____________, effective ________________________.

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,

1994.

NOTE: In this Part, unless the context clearly indicates otherwise, superscript numbers or

letters are denoted by parentheses; subscript are denoted by brackets.

SUBPART B: STANDARDS FOR OWNERS AND OPERATORS OF LANDSCAPE

WASTE COMPOST FACILITIES

Section 830.203 Location Standards for Landscape Waste Compost Facilities

With the exception of on-farm landscape waste operations, all landscape waste

compost facilities subject to this Part shall comply with the following:

1a)

The composting area of the facility must include

a setback of at least 200

feet from the nearest potable water supply well

. (Section 39(m) of the

Act.)

2b)

The composting area of the facility must be

located outside the boundary

of the 10-year floodplain or the site shall be floodproofed

. (Section

39(m) of the Act.)

3c)

The composting area of the facility must be

located so as to minimize

incompatibility with the character of the surrounding area, including at

least a 200 foot setback from any residence, and in the case of a facility

that is developed or the permitted composting area of which is expanded

after November 17, 1991, the composting area

shall be

located at least

1/8 mile from the nearest residence (other than a residence located on the

same property as the facility

). (Section 39(m) of the Act.) In addition,

in the case of a facility that is developed or the permitted composting

area of which is expanded after January 1, 1999, the composting area

shall be located at least 1/8 mile from the property line of each of the

following:

Facilities that primarily serve to house or treat people that are

immunocompromised or immunosuppressed, such as cancer or

AIDS patients; people with asthma, cystic fibrosis, or bioaerosol

allergies; or children under the age of one year;

Primary and secondary schools and adjacent areas that the school

uses for recreation; and

Any facility for child care licensed under Section 3 of the Child

Care Act of 1969 [225 ILCS 10/3]; preschools; and adjacent

areas that the facility or preschool uses for recreation.

4d)

If, at the time the facility permit application is deemed complete by the

Agency pursuant to 35 Ill. Adm. Code 832, the composting area of the

facility is located within 1/4 mile of the nearest off-site residence or

within 1/2 mile of the nearest platted subdivision containing a residence,

or if more than 10 residences are located within 1/2 mile of the

boundaries of the facility, in order to minimize incompatibility with the

character of the surrounding area, landscape waste must be processed by

the end of the operating day on which the landscape waste is received

into windrows, other piles or a contained composting system providing

proper conditions for composting.

5e)

The composting area of the facility must be designed

to prevent any

compost material from being placed within 5 feet of the water table, to

adequately control runoff from the site, and

collect and manage any

landscape waste

leachate that is generated on the site

. (Section 39(m) of

the Act.) Compliance with the water table distance requirement may be

demonstrated by either of the following means:

A1) Using published water table maps or other published

documentation to establish the location of the water table in

relation to site elevation; or

B2)

Actual measuring of the water table elevation at least once per

month for three consecutive months.

6f)

The facility must meet all requirements under the Wild and Scenic

Rivers Act (16 USCU.S.C. 1271 et seq.).

7g)

The facility must not restrict the flow of a 100-year flood, result in

washout of landscape waste from a 100-year flood, or reduce the

temporary water storage capacity of the 100-year floodplain, unless

measures are undertaken to provide alternative storage capacity, such as

lagoons, holding tanks, or provision of drainage around structures at the

facility.

8h)

The facility must not be located in any area where it may pose a threat of

harm or destruction to the features for which:

A1) An irreplaceable historic or archaeological site has been listed

pursuant to the National Historic Preservation Act (16

USCU.S.C. 470 et seq.) or the Illinois Historic Preservation Act

[20 ILCS 3410];

B2)

A natural landmark has been designated by the National Park

Service or the Illinois State Historic Preservation Office; or

C3)

A natural area has been designated as a Dedicated Illinois Nature

Preserve pursuant to the Illinois Natural Areas Preservation Act

[525 ILCS 30].

9i)

The facility must not be located in any area where it may jeopardize the

continued existence of any designated endangered species, result in the

destruction or adverse modification of the critical habitat for such

species, or cause or contribute to the taking of any endangered or

threatened species of plant, fish or wildlife listed pursuant to the

Endangered Species Act (16 USCU.S.C. 1531 et. seq.), or the Illinois

Endangered Species Protection Act [520 ILCS 10].

A facility’s compliance with the location standards set forth in subsection (a) of

this Section shall be determined at the time described below:

For a facility that is required to obtain a permit under Section 21(d) of

the Act, at the time that a complete permit application for a new or

expanded facility is filed with the Agency under 35 Ill. Adm. Code 832;

For a facility that is not required to obtain a permit under Section 21(d)

of the Act, at the time that construction of the new or expanded facility

begins.

(Source: Amended at 22 Ill. Reg. ____________, effective

________________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 831

INFORMATION TO BE SUBMITTED IN A COMPOST FACILITY PERMIT

APPLICATION

SUBPART A: GENERAL INFORMATION REQUIRED FOR ALL COMPOST

FACILITIES

Section

831.101

Scope and Applicability

831.102

Severability

831.103

Certification by Professional Engineer

831.104

Application Fees

831.105

Required Signatures

831.106

Site Identification

831.107

Site Location Map

831.108

Site Plan Map

831.109

Narrative Description of the Facility

831.110

Legal Description

831.111

Proof of Land Ownership and Certification

831.112

Closure Plan

831.113

Financial Assurance

831.114

Operator-Initiated Modification of an Approved Permit

831.115

Modification to Obtain Operating Authorization

831.116

Permit Renewal

AUTHORITY: Implementing Sections 5, 21, 22.33, 22.34, 22.35 and 39 and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 22.33, 22.34, 22.35, 27

and 39].

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,

1994.

SOURCE: Adopted at 18 Ill. Reg. 16942, effective November 30, 1994; amended in R97-29

at 22 Ill. Reg. ____________, effective ________________________.

SUBPART A: GENERAL INFORMATION REQUIRED FOR ALL COMPOST

FACILITIES

Section 831.107 Site Location Map

All permit applications shall contain a site location map on the most recent United States

Geological Survey ("USGS") quadrangle of the area from the 7 1/2 minute series

(topographic), or on such other map whose scale clearly shows the following information:

The permit area and all adjacent property, extending at least 1/2 mile beyond

the boundary of the facility;

The prevailing wind direction;

All rivers designated for protection under the Wild and Scenic Rivers Act (16

USCU.S.C. 127 et seq.);

The limits of all 10-year floodplains;

All natural areas designated as a Dedicated Illinois Nature Preserve pursuant to

the Illinois Natural Areas Preservation Act [525 ILCS 30];

All historic and archaeological sites designated by the National Historic

Preservation Act (16 USCU.S.C. 470 et seq.) and the Illinois Historic

Preservation Act [20 ILCS 3410];

All areas identified as a critical habitat pursuant to the Endangered Species Act

(16 USCU.S.C. 1531 et seq.) and the Illinois Endangered Species Protection

Act [520 ILCS 10];

All main service corridors, transportation routes, and access roads to the

facility;

All residences and areas in which people congregate within 1/2 mile of the

facility boundaries;

The locations of all on-site potable water supply wells and all potable water

supply wells within 1/8 mile of the boundaries of the facility; and

The types of land use for the properties immediately adjacent to the facility

(i.e., residential, commercial, industrial, agricultural, etc.). This must include

any zoning classifications of these properties and the location (and function) of

all buildings within 1/2 mile of the facility; and.

In the case of a facility that is developed or the permitted composting area of

which is expanded after January 1, 1999, all of the following, the property line

of which is within 1/8 mile of the nearest edge of the composting area:

Facilities that primarily serve to house or treat people that are

immunocompromised or immunosuppressed, such as cancer or AIDS

patients; people with asthma, cystic fibrosis, or bioaerosol allergies; or

children under the age of one year;

Primary and secondary schools and adjacent areas that the school uses

for recreation; and

Any facility for child care licensed under Section 3 of the Child Care

Act of 1969 [225 ILCS 10/3]; preschools; and adjacent areas that the

facility or preschool uses for recreation.

(Source: Amended at 22 Ill. Reg. ____________, effective

________________________)

Section 831.109 Narrative Description of the Facility

The permit application must contain a written description of the facility with supporting

documentation describing the procedures and plans that will be used at the facility to comply

with the requirements of this Part and any other applicable Parts of 35 Ill. Adm. Code:

Chapter I. Such description must include, but not be limited to, the following information:

An estimate of the maximum annual volume and peak daily volume of landscape

waste the facility will be able to process;

Proof of the following:

The facility includes a setback of at least 200 feet from the nearest

potable water supply well

;

The facility is located outside the boundary of the 10-year floodplain or

the site will be floodproofed

;

The facility is located so as to minimize incompatibility with the

character of the surrounding area, including at least a 200 foot setback

from any residence and in the case of a facility that is developed or the

permitted composting area of which is expanded after November 17,

1991 the composting area is located at least 1/8 mile from the nearest

residence (other than a residence located on the same property as the

facility)

. In addition, in the case of a facility that is developed or the

permitted composting area of which is expanded after January 1, 1999,

the composting area is located at least 1/8 mile from the property line of

each of the following:

Facilities that primarily serve to house or treat people that are

immunocompromised or immunosuppressed, such as cancer or

AIDS patients; people with asthma, cystic fibrosis, or bioaerosol

allergies; or children under the age of one year;

Primary and secondary schools and adjacent areas that the school

uses for recreation; and

Any facility for child care licensed under Section 3 of the Child

Care Act of 1969 [225 ILCS 10/3]; preschools; and adjacent

areas that the facility or preschool uses for recreation; and

The design of the facility will prevent any compost material from being

placed within 5 feet of the water table, will adequately control runoff

from the site, and will collect and manage any leachate that is generated

on the site

(Section 39(m) of the Act);

An operating plan, satisfying the requirements set forth in 35 Ill. Adm. Code

830.206;

An early detection or groundwater monitoring system design, in accordance

with 35 Ill. Adm. Code 830.Appendix A, if required pursuant to 35 Ill. Adm.

Code 830.205(b)(1)(A)(iii) or 830.205(b)(2)(A)(iii);

A contingency plan, satisfying the requirements set forth in 35 Ill. Adm. Code

830.212;

Specification of the operating hours of the facility;

The types of landscape waste that are proposed to be received by the facility;

Descriptions of the storage areas (including their capacities) that will be used to

stage the waste before windrowing, to store bulking agent(s) or additives and to

store the end-product compost; and

Description of personnel training procedures, satisfying the requirements of 35

Ill. Adm. Code 830.210.

(Source: Amended at 22 Ill. Reg. ____________, effective

________________________)

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for

the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this

order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d

R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 19th day of November 1998 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

ATTACHMENT 1

EXHIBITS R97-29

Exh. 1: Prefiled testimony of Susan Garrett.

Exh. 2: Additional testimony of Susan Garrett.

Exh. 3: Prefiled testimony of Steven Handler.

Exh. 4: Additional testimony of Steven Handler.

Exh. 5: Prefiled testimony of Gloria Loukas.

Exh. 6: Prefiled testimony of Renuka Desai.

Exh. 7: Prefiled testimony of Jack Darin of the Sierra Club.

Exh. 8: Prefiled testimony of William Holleman of the Illinois Citizen Action Public

Education Committee.

Exh. 9: Prefiled testimony of Earl Johnson of the Illinois Citizen Action Public Education

Committee.

Exh. 10: Prefiled testimony of Cheryl Doros.

Exh. 11: Prefiled testimony of Peter Mueller.

Exh. 12: Prefiled testimony of Edward Grskovich.

Exh. 13: Prefiled testimony of Jacob Dumelle of the American Lung Association of

Metropolitan Chicago.

Exh. 14: Prefiled testimony of Mary Matthews and two lung diagrams.

Exh. 15: Prefiled testimony of Scott Garrett.

Exh. 16: NIOSH Alert, “Request for Assistance in Preventing Organic Dust Toxic

Syndrome.”

Exh. 17:

Curriculum Vitae

of Stephen Charles Edberg.

Exh. 18: Proponents’ binder of miscellaneous materials forwarded to various persons and

responses received from various persons, including persons in the health field.

Exh. 19-A: National Institute of Allergy and Infectious Disease, “Asthma and Allergy

Statistics,” February 1996.

Exh. 19-B: “Data Watch, The case for managing asthma care.”

Exh. 19-C: “An Economic Evaluation of Asthma in the United States,” Weiss, Gergen, and

Hodgson, March 26, 1992.

Exh. 20: Letter of August 30, 1994, from Rita Messing of the Minnesota Department of

Health to Jerry Johnson.

Exh. 21-A: Letter of August 7, 1997, from John Lumpkin of the Illinois Department of

Public Health to Susan Garrett and Renuka Desai.

Exh. 21-B: Letter of July 8, 1997, from Clinton Mudgett of the Illinois Department of Public

Health to Renuka Desai.

Exh. 22: Letter of July 25, 1997, from Colin Thacker of the Lake County Health Department

to Renuka Desai.

Exh. 23: “Allergic Bronchopulmonary Aspergillosis from a Contaminated Dump Site,”

Kramer, Kurup, and Fink.

Exh. 24: “Locally invasive pulmonary aspergillosis occurring in a gardener: an occupational

hazard?,” Zuk, King, Zakhour, and Delaney, 1989.

Exh. 25-A: “Hypersensitivity pneumonitis from residential composting: residential

composter’s lung,” Brown, Masood, Couser, and Patterson, January 1995.

Exh. 25-B: “Hypersensitivity pneumonitis due to Aspergillus fumigatus in compost,” Vincken

and Roels.

Exh. 26-A: “Comparisons of Organic Dust Exposures in Agricultural Occupations and Waste

Processing Industries,” Clark, 1986.

Exh. 26-B: “Organic Dust Exposure From Compost Handling: Response of an Animal

Model,” Frazer, Jones, Petsonk, Kullman, Barger, Afshari, Jones, and Castranova, 1993.

Exh. 26-C: “Organic Dust Exposures From Compost Handling: Case Presentation and

Respiratory Exposure Assessment,” Weber, Kullman, Petsonk, Jones, Olenchock, Sorenson,

Parker, Marcelo-Baciu, Frazer, and Castranova, 1993.

Exh. 27: “Respiratory pathophysiologic responses, Effect of environmental molds on risk of

death from asthma during the pollen season,” Targonski, Persky, and Ramekrishnan.

Exh. 28: “Medical Issues related to Municipal Waste Composting,” Johanning, Olmsted, and

Yang.

Exh. 29 reserved by hearing officer.

Exh. 30: Prefiled testimony of Joyce Munie of the Illinois Environmental Protection Agency.

Exh. 31: Prefiled testimony of Elizabeth Harvey on behalf of Land and Lakes Company.

Exh. 32: Prefiled testimony of Thomas Naatz and two color maps (one map entitled

“Aspergillosis Cases by Zip Code Primary or Secondary Diagnosis 1993 Cases per 100,000

Population” and the other map entitled “Allergic Alveolitis Cases by Zip Code Primary or

Secondary Diagnosis 1993 Cases per 100,000 Population”) from a report entitled

“Environmental Characterization of Bio-Aerosol Emissions from the DK Recycling Systems,

Inc. Composting Facility in Lake Forest, Illinois,” dated April 15, 1996, which is included

with Mr. Naatz’s prefiled testimony.

Exh. 33: Prefiled testimony of Charles Pick.

Exh. 34: Prefiled testimony of Karen Strauss.

Exh. 35:

Curriculum Vitae

of Karen Strauss.

Exh. 36: Prefiled testimony of Shirley Baer of the Illinois Environmental Protection Agency.

Exh. 37: “Asthma Mortality and Hospitalization Among Children and Young Adults—United

States, 1980-1993,” May 22/29, 1996.

Exh. 38: “Environmental Risk Factors of Childhood Asthma in Urban Centers,” Malveaux

and Fletcher-Vincent, September 1995.

Exh. 39: “Observations on Asthma,” Bates, September 1995.

Exh. 40: “Guidelines for the Diagnosis and Management of Asthma, National Heart, Lung,

and Blood Institute, National Asthma Education Program, Expert Panel Report,” September

1991.

Exh. 41: Illinois Environmental Protection Agency’s “Comparison of Landscape Waste

Standards.”

Exh. 42: Comments of the City of Crystal Lake.

Exh. 43: Comments of Paul Walker and Timothy Kelley of Illinois State University.

Exh. 44 reserved by hearing officer.

Exh. 45: Comments of Andrew Quigley of the Solid Waste Agency of Lake County, Illinois.

Exh. 46: July 30, 1998 letter from Edwin C. Bakowski of the Illinois Environmental

Protection Agency requesting public comment in R97-29 and attached the June 30, 1998

hearing officer order in R97-29 and the Board’s June 17, 1998 opinion and order at first notice

in R97-29.

Exh. 47: List of addresses to which the Illinois Environmental Protection Agency mailed the

documents that comprise Exh. 46 (see above) in R97-29.

ATTACHMENT 2

PUBLIC COMMENTS R97-29

PC 1 Comments of Robert Gillespie of DK Recycling Systems, Inc.

PC 2 Comments of the City of Lake Forest

PC 3 Comments of Lauren Beth Gash, State Representative

PC 4 Comments of the City of Crystal Lake

PC 5 Comments of the Chicago Recycling Coalition

PC 6 Comments of the Lake County Conservation Alliance

PC 7 Comments of the City of Evanston

PC 8 Comments of Lois Grimm

PC 9 Comments of Waste Management

PC 10 Comments of the City of Elgin

PC 11 Comments of Mark Teegen

PC 12 Comments of Proponents

PC 13 Comments of Proponents

PC 14 Comments of Eliot Epstein, Ph.D., of E&A Environmental Consultants, Inc.

PC 15 Comments of the Town of Normal

PC 16 Comments of Cathy Mueller

PC 17 Comments of Franklin Pease

PC 18 Comments of Barbara Zimmerman

PC 19 Comments of Carolyn Schaper

PC 20 Comments of Keith and Libby Leman

PC 21 Comments of the Illinois Composting Council

PC 22 Comments of Gloria Loukas

PC 23 Comments of Will County Land Use Department, Waste Services Division

PC 24 Comments of the National Solid Wastes Management Association, Illinois Chapter

PC 25 Comments of Land and Lakes Company

PC 26 Comments of the City of Lake Forest with Karen Strauss’ Supplemental Information