BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF WILLIAMSON COUNTY
dx rel.
STATE'S ATTORNEY CHARLES GARNATI,
and THE WILLIAMSON COUNTY BOARD,
Petitioners,
v.
KIBLER DEVELOPMENT CORPORATION,
MARION RIDGE LANDPILL, INC., and
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
No.
el
?‘...
k
k 0°
(6A)
(Permit Appeal - Land)
LERK'S
iceive
.co
OFFICE
MAY
2 9 2008
Pollution
STATE
OF
Control
ILLI
NO/S
Board
Respondents.
Is= g's
To:
Doug/as Scott, Director
Envirownental Protection Agency
1021 North Guild Avenue East
Springfield
•
, Illinois 62701
Melanie Jarvis
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Kibler Development Corporation
do Registered Agent, Stephan Chodera
290 South Main Plane #101
Carol Stream. Illinois 60188
Marion Ridge. Landfill, Inc.
c/o Registered Agent, Stephan Chodera
290 South Main Place
Carol Stream, Illinois 60188
Patrick
Mazza,
President
Kibler Development Cinporation
Marion Ridge Ltaidfill,
Inc.
290 South Main Place
Carol Stream, Illinois 60)88
Stephen Iledinger
liedinger Law Office
2601 South Fifth Street
Springfield, Illinois 62703
PLEASE TAKE NOTICE
that on May 29, 2008, I filed with the Illinois Pollu
t
ion Control Board, the
following: a Petition for Review of Permit & Permit Conditions (with the petition fee), this Notice of
Filing, and ray Appearance, copies of which are attached hereto and served upon you.
PEOPLE OF
WILLIAMSON COUNTY
ax re(
STATE'S
AITORNEY CHARLES
GARNATI, and THE
WILLIAMSON COUNTY BOARD,
By
Jt-&A IVAr'\94j
Attorney for
Petitioners
PR.00E OF SERVICE
I, Christine Clayton, a non-attorney, under penalties of perjury states that site served the
foregoing Notice of FiliTsg, along with
copies of document(s) set forth in this Notice, on the
above
listed persons at the above listed addresses this 29'
?
May 2008. "fled
?
return receipt
requested.
Mioliael John Ruffley
Assistant State's Attorney
200 Jefferson Williamson County Courthouse
Marion, IL 62959
(018) 997-5449
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR))
(24,1)0%1,1'5
(Permit Appeal -
Land.)
RECEIVED
CLERK'S OFFICE
MAY 2 9 2008
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF WILLIAMSON COUNTY
ex
ref
STATE'S ATTORNEY CHARLES CARNATI,
and THE WILLIAMSON COUNTY BOARD,
Petitioners,
v.
KIBLER DEVELOPMENT CORPORATION,
MARION RIDGE LANDFILL,
me.,
and
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY,
Respondents.
No.
APPEARANCE,
I
hereby file my appearance in this proceeding on belialf of Petitioners, People of
Williamson County
cc rel. States
Attorney Charles Oaniati and. the Williamson County Board.
Assistant States tt ey Michaei JolaARtney
Name
Attorney for
Address •
City
Telephone
Michael John Ruffley, Assistant State's Attorney
Petitioners
200 Jefferson Williams= County Courthouse
M461741,
IL 62959
(618) 997-5449
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF WILLIAMSON COUNTY
ex rel.
STATE'S ATTORNEY CHARLES GARNATI,
and THE WILLIAMSON COUNTY BOARD,
Petitioners,
v.
KIBLER DEVELOPMENT CORPORATION,
MARION RIDGE LANDFILL, INC., and
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondents.
No. p6 66 °I -5
(Permit Appeal - Land)
RECEIVED
CLERK'S OFFICE
MAY 2 9 2008
STATE OF ILLINOIS
Pollution Control Board
PETITION FOR REVIEW OF PERMIT & PERMIT CONDITIONS
NOW COME
Petitioners PEOPLE OF WILLIAMSON
COUNTY and the
WILLIAMSON COUNTY BOARD, by and through the Williamson County State's Attorney
and Assistant State's Attorney Michael John Ruffley, and file this Petition for a review of the
decision of the Illinois Environmental Protection Agency ("Illinois EPA") granting with
conditions the application for a permit to modify Permit, No. 2000-199-LF. In support of this
Petition, Petitioners state as follows:
1. This Petition is filed pursuant to Section 5/3-90Q5(a)(1) of the Illinois Counties Code
and Sections 105.204(f) of the Illinois Pollution Control Board Regulations. (55 ILCS 5/3-
9005(a)(1), 35 IAC 105.204(f)).
2.
This Petition is filed by the State's Attorney of Williamson County, Charles Garnati,
in his official capacity, on behalf of the People of Williamson County and the Williamson
County Board. This Board and Illinois Court have acknowledged the particular duties of State's
Attorneys' embodied in the Illinois Counties Code that give them standing in actions that,
ordinarily, other third-parties lack. E.g.,
Land and Lakes Co. v. PCB,
245 I11.App.3d 361, 616
N.E.2d 349, 354-355 (3
rd
Dist. 1993)(State's Attorney allowed to intervene in permit appeal);
Pioneer Processing Inc. v. EPA,
102 I11.2d 119, 464 N.E.2d 238 (S.Ct. 1984)(Attorney General
allowed to seek review of a Board decision in a landfill permit appeal);
AFSCME v. Ryan, et al.,
347 Ill.App.3d 732, 807 N.E.2d 1235 (5
th
Dist. 2004)(without specific statutory authority under
the Illinois Health Facilities Planning Act, State's Attorney allowed to enjoin closure of state
mental health facility and require it to follow procedures of that act);
Saline County v. IEPA,
PCB 02-108 (April 18, 2002)(State's Attorney intervened in permit appeal).
3.
The State's Attorney is a constitutional officer whose duties and powers largely
parallel those of the Attorney General.
People ex rel. Kunstman v. Nagano,
389 Ill. 231, 249, 59
N.E.2d 96, 104 (1945). One important duty of the State's Attorney is to "commence and
prosecute all actions, suits, indictments and prosecutions, civil and criminal, in the circuit court
for his county, in which the people of the State or county may be concerned." 55 ILCS 5/3-
9005(a)(1). There is a strong public interest in a healthful environment.
See,
Ill. Const. 1970, art.
XI, sec. 1. The Williamson County State's Attorney has the duty and authority to represent the
interests of the people of Williamson County and the County Board to, among other things,
protect their interest in a healthful environment. As discussed further below, the grounds for this
petition, including but not limited to the conditions by Illinois EPA allowing a landfill to be
developed that is not what the County Board approved pursuant to Section 39.2 of the Illinois
Environmental Protection Act ("Act"). (415 ILCS 5/39.2).
4.
Although this Board has also held in the past that third-parties have no standing under
Section 40(a)(1) of the Illinois Environmental Protection Act to file a petition for review of
Illinois EPA municipal solid waste landfill permit decisions, that precedent is not applicable as it
has not involved a State's Attorney's petition for review. E.g.,
City of Waukegan, et al. v. IEPA,
et al.,
PCB 02-173 (May 2, 2002),
citing, Landfill Inc. v. PCB,
74 I11.2d 541, 387 N.E.2d 258
(1978).
2
5.
The subject of the application for a permit to modify is the Kibler Development
Corporation and Marion Ridge Landfill, Inc. facility located in Williamson County, Illinois.
Interestingly, the application sought to resolve two pending permit appeals and was approved
with conditions by Illinois EPA nearly two weeks in advance of Illinois EPA's regulatory
deadline for review. The first appeal (PCB 05-35) involves permit approval with conditions,
among other things, correctly limiting the development of the facility until it complied with FAA
setback requirements. The second appeal (PCB 07-43) involves a permit denial of proposed
modifications to the permit by Kibler Development Corporation and Marion Ridge Landfill, Inc.
that would, in essence, change the type of waste allowed to be accepted at the landfill (essentially
limiting it to non-putrescilble waste).
6.
The subject permit approval with conditions, among other things, changes the type of
waste allowed to be accepted at the landfill to non-putrescible waste, unless the FAA approves
the non-applicability or a variance from its setback requirements. However, for this, and the
other reasons identified below, Illinois EPA has modified the permit to allow a landfill that was
not sited by Williamson County. Thus, it is in the public interest of Williamson County to seek
the review of the subject peunit approval with conditions, to, among other things, ensure that the
siting decision of the County is honored by Illinois EPA and that a facility which was not the
subject of the public site location hearing is permitted by Illinois EPA in derogation of the
County Board's decision making authority and due process, and of the public's interest to
participate in such a proceeding.
7.
The Illinois EPA approved with conditions the subject pellnit modification on April
25, 2008 (the decision deadline was June 8, 2008. Pursuant to Section 105.210(a), a copy of the
permit is attached to this Petition as
Exhibit
A.
3
8. Pursuant to Section 105.210(c), the following subparagraphs set forth the grounds for
this petition.
a.
Illinois EPA modified the development permit of the subject landfill to extend and
change the boundaries of what was approved by the Williamson County Board,
including but not limited to changing the type of waste accepted at the facility.
These changes have potential impacts to Criterion 1, 2, 5, 6 and 8 of Section 39.2
of the Act.
b.
Although the required notification form is referenced in the subject permit
application by Kibler Development Corporation and Marion Ridge Landfill, Inc.
as being sent to the County and State's Attorney, on information and belief,
neither the County nor State's Attorney received that application from Kibler
Development Corporation, Marion Ridge Landfill, Inc. or its agents.
c.
The permit allows development of a facility over a public roadway for which
Kibler Development Corporation and Marion Ridge Landfill, Inc. have not sought
vacation from the County, that has not been vacated and, at this time, may not be
feasible to vacate. Moreover, if that public roadway is not vacated, it requires a
substantially different design, construction and operational plans, changes the
facility capacity, and likely different traffic patterns, impacting Criterion 2, 3, 5,
and 6 of Section 5/39.2 of the Act.
d.
The Illinois EPA in approving with conditions the permit modification had
deviated from its precedent to deny modification to permits outside the scope of
the sited boundaries.
4
e.
The Illinois EPA wrongfully determined that siting approval was "not applicable"
for a request to modify a development permit and failed to seek confirmation
from Williamson County Board whether the applicants' requested modifications
were or were not a deviation from the sited facility, depriving the Petitioners of
their rights to participate in that process.
f.
The Illinois EPA's issuance of the permit modification with conditions was
arbitrary, unreasonable, and lacks any basis in law or fact.
g.
The Illinois EPA has no authority or jurisdiction over to issue a development
permit for a facility other than what received site location approval.
h.
The Petitioners reserve the right to raise additional bases for review as they
become apparent and reserve their right to bring a jurisdictional dispute to Circuit
Court.
WHEREFORE, Petitioners, People of Williamson County
ex rel.
Charles Garnarti and
the Williamson County Board respectful request the Board enter an order allowing this Petition
and reversing Illinois EPA's approval with conditions of the subject permit modification and
denying that permit modification. If this Board finds that the Petitioners herein do not have
standing based on the precedent referenced in Paragraph 4, above, the Petitioners respectfully
request that the Board clearly and specifically acknowledge the jurisdictional ground of standing
being the sole reason for the denial, as was done, for example, in
City of Waukegan, et al. v.
IEPA, et al.,
PCB 02-173 (May 2, 2002), and allowing for the future enforcement or other action
by the State's Attorney or County Board.
5
Dated; May 29, 2008
Respectfully submitted,
PEOPLE OF WILLIAMSON COUNTY
ex
rel.
STATE'S ATTORNEY CHARLES GARNATI, arid
THE WILLIAMSON COUNTY BOARD,
Michael John Ruff:ley
By:
Assistant State's Attorney
200 Jefferson Williamson County Courthouse
Marion, IL 62959
(6
IS
997-5449
6
iStlize
t.)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH
GRAND AVENUE EAST, P.O.
Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON
CENTER, 1 00 WEST RANDOLPH, SUITE
11-300.
CHICAGO,
IL 60601 - (312) 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR DOUGLAS
P. SCOTT, DIRECTOR
217/524-3300
April 25, 2008
?
C ertified M ail
7007 0220 0000 0039 5001
7007 0220 0000 0040 2518
Owner
Operator
Kibler Development Corporation
Marion
Ridge Landfill, Inc.
Attn: Mr. Patrick Mazza
Attn: Mr. Patrick Mazza
290 South Main Place
290 South. Main Place
Carol Stream, Illinois 60188
Carol Stream, Illinois 60188
Re:
1990555136 -- Williamson County
Marion Ridge Landfill
Peunit No. 2000-199-LF
Modification No. 1
Log No. 2008-090
Expiration Date: July 15, 2009
Pennit Landfill 811 File
Permit Approval
Dear Mr. Mazza:
RELEASABLE
Mu
1 5 2008
RE\AEVVER MD
Permit was hereby granted to Kibler Development Corporation as owner and Marion Ridge
Landfill, Inc. as operator, allowing modification of the above referenced existing municipal solid
waste and non-hazardous special waste landfill all in accordance with the application and plans
identified as Log No. 2000-199. Final plans, specifications, application, and supporting
documents, as submitted and approved, shall constitute part of this permit and are identified in
the records of the Illinois Environmental Protection Agency (Illinois EPA), Bureau of Land,
Division of Land Pollution Control by the permit number designated in the heading above.
Permit No. 2000-199-LF approved:
A.
The development of this landfill in accordance with the requirements of Title 35,
Illinois Administrative Code (hereinafter 35 IAC), Subtitle G, Parts 811 and 812,
pursuant to 35 IAC, Section 813.107;
B.
The development of a new MSWLF unit consisting of an approximately 358 acre
facility with 189 acres for disposal with an "in-place" disposal capacity of
approximately 37,152,000 cubic yards, including daily and intermediate cover,
but excluding final cover. The maximum final elevation shall be approximately
640 feet above mean sea level;
C.
The lower waste boundaries and the waste footprint approved by this permit are
shown on the drawing entitled "Sheet 6: Liner – Leachate collection system".
The final contours approved by this permit are shown on the drawing entitled
ROCKFORD -
4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 •
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000
ELGIN -
595 South State, Elgin, IL 60123 - (847) 608-3131 ?• PEORIA -
5415 N. University St., Peoria, IL 61614 - (309) 693-5463
BUREAU OF LAND -
PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462 •
CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINGFIELD -
4500 S. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892 •
COWNSVILLE -
2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120
MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON
RECYCLED PAPER
EXHIBIT
Page 2
"Sheet 8: Final site conditions"; furthermore, the upper waste boundaries
approved by this permit are defined by the final contours within the waste
footprint minus the design thickness of the final cover system (i.e. 4.5 feet). Both
sheets are in the August 30, 2002 addendum to Permit Application Log No. 2000-
199; and
D.
Acceptance of special waste streams without individual special waste stream
authorizations, upon obtaining a permit allowing waste disposal, in accordance
with the special conditions listed in Part III of this permit.
Modification No. 1 to Permit No. 2000-199-LF is hereby granted to Kibler Development
Company as owner and Marion Ridge Landfill, Inc. as operator, approving a modification of an
existing municipal solid waste and non-hazardous special waste landfill, all in accordance with
the application prepared by Steven F. Hedinger, esq., and signed and sealed by Michael W.
Rapps, P.E., signature dated March 6, 2008.
The application, Illinois EPA Log No. 2008-090, was dated and received March 10, 2008.
Specifically, Modification No. 1 approves revisions to the permit's special conditions as
proposed by the permittee to settle two permit appeals, Illinois Pollution Control Board Case
Nos. PCB05-35 and PCB07-43.
Additionally, the Illinois EPA is modifying the permit pursuant to 35 Ill. Adm. Code Section
813.201(b)(1)(D) in response to Illinois Pollution Control Board rulemaking Docket No. R2007-
008 and Permit Section procedures: Condition 1.12 was modified to require use of GRI
standards for geomembrane testing; condition V.10 was added requiring submittal of compliance
with Section 39(i) of the Act; and the leachate monitoring section was revised to comply with the
new regulations.
Docket No. R2007-008 is available online at
http ://www.ip cb . state 11.us/Cool/External/Cas eVi ew2. asp ?referer=co olsearch &cas e=13041
The compliance form for 39(i) certification is at http://w\
Yvw.epa.state.il.us/land/regulatory-
pro grams/p ermits-and-man ag em ent/forms/index.html
Except for the changes described in the following table, the special conditions in the penult letter
for Modification No. 1 to Permit No. 2000-199-LF are identical to the special conditions in the
pelinit letter for Permit No. 2000-199-LF, issued July 23, 2004.
Condition in Permit No.
Condition in Modification
Description of change
2000-199-LF
No. 1
1.12
1.12
Revised to require use of
GRI standards for
geomembrane testing
Page 3
N/A
11.25
New condition requiring
FAA approval or exemption
before accepting MSW
V.9
V.9
Revised to note permission
is only required for
inhabited structures in place
before permitting
N/A
V.10
New condition requiring
submittal of 39(i)
compliance forms
VII.3
N/A
Deleted obsolete condition
requiring adding parameters
found to groundwater
sampling lists
VII.4
VII.3
Renumbered, added note
about points not yet
constructed
VII.5
VII.4
Renumbered, Revised lists
Ll and L2, and deleted list
L3.
VII.6
VII.5
Renumbered, revised
sampling schedule
VII.7
N/A
Deleted obsolete condition
requiring quarterly
monitoring for 8 quarters
N/A
VII.6
New condition that used to
be a note on the sampling
schedule requiring
electronic submittal of
leachate monitoring data
Please be aware that 49 United States Code ("U.S.C.") Section 44718(d)(1) states: "No person
shall construct or establish a municipal solid waste landfill (as defined in section 258.2 of title
40, Code of Federal Regulations, as in effect on the date of the enactment of this subsection) that
receives putrescible waste (as defined in section 257.3-8 of such title) within 6 miles of a public
airport that has received grants under chapter 471 and is primarily served by general aviation
aircraft and regularly scheduled flights of aircraft designed for 60 passengers or less unless the
State aviation agency of the State in which the airport is located requests that the Administrator
of the Federal Aviation Administration exempt the landfill from the application of this
subsection and the Administrator determines that such exemption would have no adverse impact
on aviation safety." At their closest points, Marion Ridge Landfill's facility boundaries and the
runways of the Williamson County Regional Airport appear to be separated by approximately
2.2 miles. If the Marion Ridge Landfill and the Williamson County Regional Airport meet the
Page 4
criteria described in Section 44718(d)(1) of 49 U.S.C., to demonstrate compliance with Section
44718(d)(1), the landfill operator would need to be able to prove that the Illinois Department of
Transportation/Division of Aeronautics requested an exemption for the landfill and the
Administrator of the Federal Aviation Administration granted the exemption, before construction
of the landfill began. The above paragraph is not intended to create an enforceable duties or
obligations under this permit, but rather is merely an identification of federal law which the
Illinois EPA believes may be, or may become, relevant to this facility.
Pursuant to Section 39(a) of Illinois Environmental Protection Act (Act) [415 ILCS 5/39(a)] and
35 IAC, 813.104(b), this permit is issued subject to the development, operating and reporting
requirements for non-hazardous waste landfills in 35 IAC, Parts 810, 811, 812, and 813, the
standard conditions attached hereto, and the following special conditions. In case of conflict
between the permit application and these conditions (both standard and special), the conditions
of this pelinit shall govern.
I.
CONSTRUCTION QUALITY ASSURANCE
1.
All necessary surface drainage control facilities shall be constructed prior to other
disturbance in any area.
2.
No part of the unit shall be placed into service or accept waste until an acceptance
report for all the activities listed below has been submitted to and approved by the
Illinois EPA as a significant modification pursuant to 35 IAC, Sections
811.505(d) and 813.203.
a.
Preparation of the subgrade and foundation to design parameters;
b.
Installation of the compacted earth/synthetic liner;
c.
Installation of slurry trenches or cutoff walls;
d.
Installation of the leachate drainage, collection and management systems;
e.
Placement of final cover;
f.
Installation of gas control facilities; and
g.
Construction of ponds, ditches, lagoons and berms.
3.
The permittee shall designate an independent third party contractor as the
Construction Quality Assurance (CQA) Officer(s). The CQA Officer(s) shall be
an Illinois Certified Professional Engineer who is independent from and not under
the control or influence of the operator, any employee of the operator, or any
Page 5
other corporation, company or legal entity that is a subsidiary, affiliate, parent
corporation or holding corporation associated with the operator.
4.
Except as provided below, the CQA Officer(s) designated pursuant to Condition
1.3. shall personally be present during all construction and testing that is subject to
CQA certification pursuant to 35 IAC, Section 811.503(a). If the CQA Officer(s)
is unable to be present as required, then a written explanation and signed
statement must be provided for each absence pursuant to 35 IAC, Section
811.503(b).
5.
The clay liner shall be tested for density and moisture content a minimum of five
tests per lift per acre.
6.
A minimum of one laboratory permeability test shall be performed for every
10,000 cubic yards of liner soil placed.
7.
If the clay portion of the liner is exposed to freezing conditions, it must be
recertified. The designated CQA Officer(s) shall then certify that the clay portion
of the liner and all necessary repairs to the leachate drainage layer meet the
required design standards. This certification must be provided to the Illinois EPA
prior to disposal of waste on the subject portion of the liner. If operating
authorization has not yet been issued for that area, the recertification shall be
included in the application for Significant Modification of Permit to obtain
Operating Authorization for that area.
8. Pursuant to 35 IAC, Section 811.505(d), upon completion of construction of each
major phase, the CQA Officer(s) shall submit an acceptance report to the Illinois
EPA. The acceptance report shall be submitted before the structure is placed into
service and shall contain the following:
a.
A certification by the CQA Officer(s) that the construction has been
prepared and constructed in accordance with the engineering design;
b.
As-built drawings; and
c.
All daily summary reports.
9.
Applications for operating authorization shall not be made for areas
. of less than
1.5 acre increments of constructed liner.
10.
All stakes and monuments marking the facility boundary and the permitted
disposal area shall be maintained, inspected annually and surveyed no less
Page 6
frequently than once in five years by a professional land surveyor. Any lost or
damaged monuments shall be replaced.
11.
All standards for testing the characteristics and performance of materials,
products, systems and services shall be those established by the American Society
for Testing and Materials (ASTM) unless otherwise stated in the permit
application.
12.
Effective upon issuance of Modification No. 1 (Log No. 2008-090), all
conformance testing of the geomembrane used shall meet the requirements in the
Geosynthetic Research Institute's Test Method GM 13 with the following
exceptions: For the geomembrane used in the bottom liner, the minimum
thickness must be within 5% of nominal for all samples, i.e. 60 mil liner must be
at least 57 mil; and UV resistance testing is not necessary unless the
geomembrane is exposed for more than 30 days.
II. OPERATING CONDITIONS
1.
Pursuant to 35 IAC, Sections 811.107(a) and 811.107(b), throughout the operating
life of this landfill, waste shall not be placed in a manner or at a rate which results
in unstable internal or external slopes or interference with construction, operation
or monitoring activities.
2.
The operator of this solid waste facility shall not conduct the operation in a
manner which results in any of the following:
a.
refuse in standing or flowing waters;
b.
leachate flows entering waters of the State;
c.
leachate flows exiting the landfill confines (i.e., the facility boundaries
established for the landfill in a permit or permits issued by the Illinois
EPA);
d.
open burning of refuse in violation of Section 9 of the Illinois
Environmental Protection Act (Act);
e.
uncovered refuse remaining from any previous operating day or at the
conclusion of any operating day, unless authorized by permit;
f.
failure to provide final cover within time limits established by Board
regulations;
Page 7
g.
acceptance of wastes without necessary permits;
h.
scavenging as defined by Board regulations;
i.
deposition of refuse in any unpermitted (i.e., without an Illinois EPA
approved significant modification authorizing operation) portion of the
landfill;
J
.
acceptance of a special waste without a required manifest and
identification record;
failure to submit reports required by permits or Board regulations;
1.
failure to collect and contain litter from the site by the end of each
operating day.
m.
failure to submit any cost estimate or any financial assurance mechanism
for the facility as required by the Act or Board regulations.
3.
Moveable, temporary fencing shall be used to prevent blowing litter when the
refuse is above the natural ground line.
4.
At the end of each day of operation, all exposed waste shall be covered with:
a.
Clean soil at least six (6) inches thick (i.e., conventional daily cover); or
b.
An alternate cover as described below.
5.
Geotextile fabric, plastic panels, degradable plastic sheeting, Sanifoani, Rusmar
Foam, and ConCover-Foam are approved as alternate daily cover pursuant to 35
IAC, Sections 811.106(b) and 812.111(b). Use of alternate materials as daily
cover shall be subject to the following conditions:
a.
If any alternate daily cover other than those approved by this permit are
to be used, their use must be approved by the Illinois EPA through the
permit process.
b.
At any one time, the total area, using alternate daily cover, shall be no
more than 2,500 square yards. Beyond this maximum, daily cover soil
shall be used on all areas where waste has been disposed and to which
intermediate or final cover has not been applied.
Page 8
c.
Areas upon which alternate daily cover has been used must be covered
with either conventional cover or additional waste within six days.
d.
Conventional daily cover in accordance with 35 IAC 811.106(a) shall be
used if weather or other conditions adversely affect the ability of the
alternate daily cover to prevent problems with blowing litter, fire, odors,
or vectors.
e.
Geotextile fabric, plastic panels, and degradable plastic sheeting shall be
anchored adequately to prevent wind damage. If the alternate daily cover
is torn during or after placement they must be repaired immediately or the
damaged area must be covered with six inches of daily cover soil. If tires
are used as weights for the alternate daily cover, they shall be converted
tires, in accordance with 35 IAC, Part 848: Management of Used and
Waste Tires.
f.
A continuous layer of a minimum of one inch thickness of SaniBlanket, 3
inches thickness of Rusmar Foam, or a quarter-inch thickness of
ConCover Foam shall be applied to the top of the waste. Application of
foam during inclement weather is not allowed unless the foam cover
installed meets these requirements. The foams shall only be used when
the temperatures are within the manufacturer's recommended range.
g.
When an alternate daily cover is applied, the operator shall keep a record
including a description of the weather conditions, the type of alternate
daily cover used and its performance. A summary of this information
shall be provided with this facility's annual reports.
h.
Any alternate daily cover which has been used for daily cover may not be
reused for any purpose (including road underlayment and erosion control)
outside of permitted disposal boundaries.
6.
No later than 60 days after placement of the final lift of waste in any area, the area
shall receive a final cover system meeting the design specifications approved in
this permit application. The low permeability layer shall consist of an 18 inch
layer of soil covered with a 40-mil geomembrane. The final protective layer shall
consist of either a 12 inch drainage layer of with a hydraulic conductivity > 10-3
cm/sec covered with 18 inches of soil and 6 inches of topsoil, or a geo-composite
layer covered with 30 inches of soil and 6 inches of topsoil. At a minimum, the
top six inches of the protective soil must be capable of supporting vegetation.
The total thickness of the final protective layer shall not be less than three feet.
Page 9
7.
All waste not covered within sixty days of placement with additional waste or
final cover shall have an intermediate cover of compacted clean soil with a
minimum thickness of one foot applied to it.
8.
The operator shall implement a load checking program that meets the
requirements of 35 IAC, Section 811.323. If regulated hazardous waste is
discovered, the Illinois EPA shall be notified no later than 5:00 p.m. the next
business day after the day it is detected. The load checker shall prepare a report
describing the results of each inspection. A summary of these reports shall be
submitted to the Illinois EPA as part of this facility's annual report.
9.
Asbestos debris from construction-demolition shall be managed in accordance
with the National Emission Standards for Hazardous Air Pollutants (NESHAPS)
regulations.
10.
Managemel
la
r)ri,?
waste
—andscape waste found to be mixed
with
?
wa„:° will be
removed the same day and transported
to c:
facility that is opel ‘,
in
accordance with the Act, Title V, Section 21.
b.
Lead-acid batteries will be removed the same day and transported either
to a drop-off center handling such waste, or to a lead-acid battery retailer.
c.
Potentially infectious medical waste (PIMW) found to be mixed with
municipal waste shall be managed in accordance with 35 IAC, Subtitle
M.
d.
Tires found to be mixed with municipal waste shall be removed and
managed in accordance with 35 IAC, Part 848.
e.
White good components mixed with municipal waste shall be removed
and managed in accordance with Section 22.28 of the Act.
f.
This facility is prohibited from disposing any waste containing
polychlorinated bi-phenyls (PCBs) in concentration greater than allowed,
pursuant to the Toxic Substance Control Act (TSCA).
g.
No liquid waste (special or non-special) as determined by the Paint Filter
Test shall be disposed unless the waste is from a household or is in a
small container similar in size to that normally found in household waste
and the container was designed for use other than storage. The
prohibition applies to on-site generated wastes except for leachate or gas
Page 10
condensate that is specifically approved by permit for recirculation into
the landfill. However, minor amounts of liquid resulting from
precipitation (rain, sleet, hail or snow) during transport and disposal
operations shall not be construed as a violation of this condition.
h.
In accordance with Section 21.6 of the Act, beginning July 1, 1996, no
owner or operator of a sanitary landfill shall accept liquid used oil for
final disposal that is discernable in the course of prudent business
operation.
After the unauthorized waste has been removed, a thorough cleanup of
the affected area will be made according to the type of unauthorized -
waste managed. Records shall be kept for three (3) years and will be
made available to the Illinois EPA.
11.
Operating hours are those hourE
which „ 2 --;te
may be accepted. For this
the operating
IA,?
ot: iniLLu"
?
AM to 6:00 PM, Monday
-r-?
r
-:
o:00 AM to 2:00 PM on Saturday.
';21-i.ing
shall be
provided
to.
adoor activities at the landfill occurring before sunri
sunset.
12.
If it is required for the facility to be open beyond normal operating hours to
respond to emergency situations, a written record of the date(s), times and reason
the facility was open shall be made part of the operating record for the facility.
The Illinois EPA-FOS Marion Regional Office, and when applicable, the county
authority responsible for inspections of this facility per a delegation agreement
with the Illinois EPA shall be notified no later than 5:00 p.m. the next business
day following the acceptance of waste outside the specified operating hours.
13.
Road building materials used to construct roads at the facility that are not solid
waste may be stockpiled on-site in the amount estimated to be needed within the
next construction season provided they are managed in accordance with 35 IAC,
Section 811.108(c)(1).
14.
Equipment shall be maintained and available for use at the facility during all
hours of operation to allow proper operation of the landfill. If breakdowns occur
that would prevent proper facility operation, back-up equipment shall be brought
onto the site.
15.
All utilities, including but not limited to heat, lights, power, communications
equipment and sanitary facilities necessary for safe, efficient and proper operation
of the landfill shall be available at the facility at all times.
Page 11
16.
Waste shall be deposited at the fill face and compacted upward into the fill face
unless precluded by extreme weather conditions or for reasons of safety.
17.
The operator shall implement methods for controlling dust so as to prevent wind
dispersal of particulate matter off-site.
18.
The facility shall be constructed and operated to minimize the level of equipment
noise audible outside the facility. The facility shall not cause or contribute to a
violation of 35 IAC, Parts 900 through 905.
19.
The operator shall implement measures to control the population of disease and
nuisance vectors.
20.
The operator shall institute fire protection measures in accordance with the
proposed fire safety plan.
21.
The operator shall implement methods to prevent tracking of mud by hauling
vehicles onto public roadways.
22.
Access to the active area and all other areas within the boundaries of the facility
shall be controlled by use of fences, gates and natural barriers to prevent
unauthorized entry at all times.
23.
A permanent sign shall be maintained at the facility entrance containing the
information required under 35 IAC, Section 811.109(b)(1) through (5).
24.
This permit is for development only. No waste shall be accepted until the Illinois
EPA issues a significant modification to operate.
25.
a.
As an express condition of this permit, the landfill at no time may accept
for disposal any putrescible waste (within the meaning of that term as
used by 49 U.S.C. 44718(d)(1)) until such time that the landfill owner
and/or operator received either (i) the exemption by the Administrator of
the Federal Aviation Administration described in 49 U.S.0 44718(d)(1),
or (ii) a court order or written agreement by the Federal Aviation
Administration stating that 49 U.S.C. 44718(d)(1) does not apply to this
landfill for any reason, including grandfathering described in 49 U.S.C.
44718(d)(2).
b.
This condition may also be included in any operating permit that may be
issued for this facility if neither of the documents described in paragraphs
(a)(i) or (a)(ii) above have been received prior to issuance of the
operating permit.
Page 12
c.
At such time, if ever, the landfill owner and/or operator receives one of
the documents described in paragraphs (a)(i) or (a)(ii) above, the landfill
owner and/or operator shall forward the document to the Illinois EPA,
Bureau of Land, Permit Section, for review and inclusion with the
facility's permit file. Thirty days following submittal of the document to
the Illinois EPA, the landfill may begin to accept putrescible waste for
disposal and to operate as a putrescible waste landfill in a lined area in
which the Illinois EPA has approved a CQA (Construction Quality
Assurance) Acceptance Report.
III. SPECIAL WASTE
1.
The permittee is authorized to accept non-hazardous special waste that meets the
definition of industrial process waste or pollution control waste as found in
Sections 3.235 and 3.335, respectively, of the Illinois Environmental Protection
Act, in accordance with the following requirements:
a.
The waste is analyzed in accordance with the requirements described
below and complies with the acceptance criteria in the approved waste
analysis plan;
b.
The waste is delivered by an Illinois licensed special waste hauler or an
exempt hauler as defined in 35 IAC, Section 809.21 1; and
c.
The waste, is accompanied by a manifest, if required.
2.
The permittee shall obtain a completed Special Waste Preacceptance Form
(enclosed) and a preacceptance analysis from each generator for each waste to be
accepted. In addition, the Annual Generator Special Waste and Recertification of
for Disposal of Special Waste form, which certifies the waste has not changed
since the last analysis, must be completed and included in the operating record. A
complete laboratory analysis must be provided with the exceptions listed below.
Analysis shall be conducted using SW-846 test methods. The waste shall be
reanalyzed at least every five years and must identify the actual concentration of
each chemical constituent and state of each physical parameter. In all cases, a
copy of the lab analysis (on lab letterhead and signed by a responsible party such
as the person conducting the analysis or his/her supervisor) must be included in
the operating record with the Special Waste Preacceptance Form (Profile
Identification Sheet). The analysis may not be greater than one year old at the
time. A new analysis is required if the composition of the waste changes (normal
variations in waste composition are expected and are not included in this
requirement). All waste must be analyzed as follows:
Page 13
a.
The permittee shall obtain the following lab analyses to determine the
concentrations of the following parameters.
Paint Filter Test
Flash point
Sulfide (reactive)
Cyanide (reactive)
Phenol (total)
pH
Toxicity Characteristic Constituents
b.
The permittee shall obtain analysis for reactive sulfides (H2S) and
cyanides (HCN). Waste containing
.
250 ppm or greater reactive cyanide
or 500 ppm or greater reactive sulfide is presumed to be hazardous waste
pursuant to 35 IAC, Section 721.123(a)(5) unless specific information to
show it does not present a danger to human health or the environment is
provided. Analysis for total sulfide and/or cyanide may be substituted for
reactive concentrations if they are equal to or less than 10 ppm. For
wastes containing greater than 10 ppm reactive cyanide or reactive
sulfide, the permittee shall not accept the waste unless the generator
provides a signed and dated statement indicating the following:
i.
The waste has never caused injury to a worker because of H2S
and/or HCN generation;
ii.
That the OSHA work place air concentration limits for H
2
S and/or
HCN have not been exceeded in areas where the waste is
generated, stored or otherwise handled; and
iii.
That air concentrations of H
2
S and/or HCN above 10 ppm have not
been encountered in areas where the waste is generated, stored or
otherwise handled.
c.
The permittee shall obtain analysis for phenols. If the total phenol
concentration is greater than 1000 ppm, the waste will be required to be
drummed and labeled, unless justification that this precaution is not
necessary is provided. The justification must demonstrate skin contact is
unlikely during transport or disposal.
d.
The permittee shall obtain metals and organics analysis. Either procedure
may be utilized (i.e., total or TCLP), but any constituent whose total
concentration exceeds the TCLP limit specified in 35 IAC, Section
721.124 must be analyzed using the TCLP test and the results reported,
Page 14
unless an alternative test has been approved by the Illinois EPA. TCLP
test methods must be in accordance with SW 846-1311.
e.
EXCEPTIONS:
The generator may certify that the eight pesticides (D012, D013,
D014, D015, D016, D017, D020 and D031) would not reasonably
be expected to be present in the waste based on the nature of the
process generating the waste.
ii.
Petroleum contaminated media and debris from LUST sites subject
to corrective action regulation under 35 IAC, Parts 731 and 732 are
temporarily exempt from complete TCLP analysis and the
generator may limit analyses to flashpoint, paint filter test and
TCLP lead.
iii.
For off-specification, unused or discarded commercial or chemical
products, an MSDS to determine the hazardous constituents
present may be provided in lieu of analytical results.
f.
CLARIFICATIONS:
Notwithstanding the exception for manufactured gas plant waste
contained in 35 IAC 721.124(a), no manufactured gas plant waste shall
be disposed in a non-hazardous waste landfill, unless: i) the waste has
been tested in accordance with subsection (d) of this special condition,
and ii) the analysis has demonstrated that the waste does not exceed the
regulatory levels for any contaminant given in the table contained in 35
IAC 721.124(b).
g.
Pursuant to 35 IAC 722.111, the generator of a solid waste is required to
determine if the waste is hazardous and comply with all applicable
hazardous waste regulations. For any waste that has been determined to
be hazardous, the results of quality assurance testing for the treatment
program, taken at an appropriate frequency to demonstrate the waste is no
longer hazardous, must be obtained. Verification that the waste meets the
land disposal restrictions must also be documented. These requirements
are in addition to the other standard special waste test requirements.
3.
An individual waste stream permit is no longer required by the Illinois EPA for
this facility. Therefore, a waste stream permit number will no longer be required
on the manifest when shipping waste to this facility as authorized by this permit.
Page 15
4.
Special waste generated due to an emergency situation may be disposed without
complete TCLP analysis if:
a.
The permittee receives authorization from the Emergency Response Unit
of the Illinois EPA at 1-217-782-3637;
b.
The permittee ensures that the generator has received an incident number
from the Illinois Emergency Management Agency at 1-800-782-7860
within Illinois, or 1-217-782-7860 outside of Illinois; and
c.
The waste is analyzed for the chemical constituents required by the
Emergency Response Unit.
5.
The permittee shall conduct the following analyses for waste received in labeled
containers in lab packs, including commingled wastes:
a.
Compatibility review in accordance with the procedures identified in
USEPA document EPA-600/2-80-076; and
b.
MSDS review to determine the hazardous constituents present and
appropriate USEPA hazardous waste class.
6.
RCRA empty containers received as a special waste are subject to the following
conditions:
a.
Containers have a rated capacity of less than 110 gallons only.
b.
Containers which formerly held 'P' listed hazardous waste or TSCA
regulated quantities of PCBs or empty compressed gas cylinders are not
included under this pea
nut.
c.
All containers must meet the definition of empty as described in 35 IAC,
Section 721.107(b).
d.
Additionally, where possible, a copy of the material safety data sheets for
products last present in the container shall obtained and kept on file.
e.
For drums, at least one end must be removed and the drums must be
crushed flat.
7.
The Special Waste Preacceptance Form shall be utilized for the special waste
profile identification requirements of 35 IAC, Section 811.404(a).
Page 16
8.
The Annual Generator Special Waste Recertification for Disposal Special Waste
foul1 shall be utilized for the special waste recertification requirements of 35 IAC,
Section 811.404(b).
9.
The operator shall retain all special waste records until the end of the post-closure
period in accordance with 35 IAC, Section 811.405.
IV. RECORDKEEPING
1.
Information developed by the operator but not yet forwarded to the Illinois EPA
in a quarterly or annual report shall be kept at or near the facility for inspection by
the Illinois EPA upon request during normal working hours.
2.
Information and observations derived from load checking inspections shall be
recorded in writing and retained at the facility for at least three years.
3.
Every person who delivers special waste to a special waste hauler, every person
who accepts special waste from a special waste hauler and every special waste
hauler shall retain a copy of the special waste transportation record as a record of
each special waste transaction. These copies shall be retained for three years and
shall be made available at reasonable times for inspection and photocopying by
the Illinois EPA pursuant to Section 4(d) of the Act.
4.
The operator shall retain copies of any special waste profile identification sheets,
special waste recertifications, certifications of representative samples, special
waste laboratory analyses, special waste analysis plans, and any waivers of
requirements, at the facility until the end of the closure period and thereafter at the
site office until the end of the post-closure care period.
5.
Inspections of the closed landfill shall be conducted in accordance with the
approved post-closure care plan. Records of field investigations, inspections,
sampling and corrective action taken are to be maintained at the site and made
available to Illinois EPA personnel. During the post-closure care period, those
records are to be maintained at the office of the site operator.
6.
The owner or operator shall record and retain near the facility in an operating
record or in some alternative location specified by the Illinois EPA, the
information submitted to the Illinois EPA pursuant to 35 IAC, Parts 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 IAC, Part
812 or 813:
Page 17
a.
Any location restriction demonstration required by 35 IAC,
Sections 811.302, 812.109, and 812.303;
Inspection records, training procedures, and notification procedures
required by 35 IAC, Section 811.323;
c.
Gas monitoring results and any remediation plans required by 35 IAC,
Sections 811.310 and 811.311;
d.
Any MSWLF unit design documentation for placement of leachate or gas
condensate in a MSWLF unit required by 35 IAC, Section 811.107(m);
e.
Any demonstration, certification, monitoring results, testing, or analytical
data relating to the groundwater monitoring program required by 35 IAC,
Sections 811.319, 811.324, 811.325, 811.326, 812.317, 813.501 and
813.502;
f.
Closure and post-closure care plans and any monitoring, testing, or
analytical data required by 35 IAC, Sections 811.110, 811.111,
812.114(h), 812.115 and 812.313; and
g.
Any cost estimates and financial assurance documentation required by 35
IAC Part 811, Subpart G.
V.
GENERAL CONDITIONS
1.
The issuance of this permit does not release the permittee from compliance with
other applicable statutes and regulations of the United States, of the State of
Illinois, or with applicable local laws, ordinances and regulations, including, but
not limited to, the Ford Act.
2.
This permit is issued with the expressed understanding that no process discharge
to Waters of the State or to a sanitary sewer will occur from these facilities except
as authorized by a permit issued by the Bureau of Water Pollution Control.
3.
It should be noted that the issuance of this permit does not relieve the Permittee of
the responsibility of complying with the provisions of the State of Illinois Rules
and Regulations, 35 IAC, Subtitle B, Air Pollution Control, Chapter 1. The
Illinois EPA's - Bureau of Air - Division of Air Pollution Control has determined
that this project requires both a Construction and Operating permit in accordance
with 35 IAC Section 201. If you have any questions regarding this requirement,
contact the Illinois EPA's Bureau of Air, Division of Air Pollution Control, Permit
Section at 217-782-2113.
Page 18
4.
If changes occur which modify any of the information the permittee has used in
obtaining a permit for this facility, the peunittee shall notify the Illinois EPA.
Such changes would include but not be limited to any changes in the names or
addresses of both beneficial and legal titleholders to the herein-permitted site.
The notification shall be submitted to the Illinois EPA within fifteen days of the
change and shall include the name or names of any parties in interest and the
address of their place of abode; or, if a corporation, the name and address of its
registered agent.
5.
Pursuant to 35 IAC, Section 813.201(a), any modifications to this permit shall be
proposed in the form of a permit application and submitted to the Illinois EPA.
6.
Pursuant to 35 IAC, Section 813.301, an application for permit renewal shall be
filed with the Illinois EPA at least ninety days prior to the expiration date of this
permit.
Current, valid Prior Conduct Certification pursuant to 35 IAC Part 745 is required
for all operators of landfills that require a permit.
8.
Landfill Operator Certification pursuant to 68 IAC Part 870 is required for
operation of a landfill.
9.
The operator shall conduct a survey of the waste boundaries and adjacent
properties before starting construction of the liner. No part of a unit may 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
closure distance. 35 IAC 811302(d)
10.
Effective upon issuance of Modification No. 1 (Log No. 2008-090), the
permittee(s) shall submit a 39(i) certification and supporting documentation
within 30 days of issuance of Modification No. 1 and thereafter within 30 days of
any of the following events:
a.
The owner or officer of the owner, or operator, or any employee who has
control over operating decisions regarding the facility has violated federal,
State, or local laws, regulations, standards, or ordinances in the operation
of waste management facilities or sites; or
b.
The owner or operator or officer of the owner, or operator, or any
employee who has control over operating decisions regarding the facility
has been convicted in this or another State of any crime which is a felony
under the laws of this State, or conviction of a felony in a federal court; or
Page 19
c.
The owner or operator or officer of the owner, or operator, or any
employee who has control over operating decisions regarding this facility
has committed an act of gross carelessness or incompetence in handling,
storing, processing, transporting, or disposing of waste.
d.
A new person is associated with the owner or operator who can sign the
application form(s) or who has control over operating decisions regarding
1 -- -
i-nrtrate officer or a delegated employee.
VI.
SURFACE WATER CONTROL
1.
Runoff from disturbed areas to Waters of the State shall be permitted by the
Illinois EPA in accordance with 35 IAC, Part 309, and meet the requirements of
35 IAC, Part 304 unless permitted otherwise.
2.
All surface water control structures other than temporary diversions for
intermediate phases shall be operated until the final cover is placed and erosional
stability is provided by the final protective layer of the final cover system.
3.
Runoff from-undisturbed areas resulting from precipitation events less than or
equal to the 25-year, 24-hour precipitation event shall be diverted around
disturbed areas where possible and not commingled with runoff from disturbed
areas.
4.
Site surface drainage, during development, during operation and after the site is
closed, shall be managed in accordance with the approved drainage control plan
detailed in Permit Application Log No. 2000-199. Stormwater management
structures shall be constructed prior to disturbing any portion of a drainage area
identified in Application Log No. 2000-199.
VII.
LEACHATE MANAGEMENT/MONITORING
1.
Pursuant to 35 IAC, Section 811.309(h)(3), leachate from this MSWLF landfill
shall be collected and disposed beginning as soon as it is first produced and
continuing for at least 30 years after closure except as otherwise provided by
811.309(h)(4) and (h)(5). Collection and disposal of leachate may cease only
when the conditions described in 35 IAC, Section 811.309(h)(2) have been
achieved. The leachate recirculation plan proposed in Log No. 2000-199 is
approved. Note that the leachate recirculation in each area must cease before final
cover is installed in that area. Leachate removed from this landfill shall be treated
at a permitted facility in accordance with the leachate management plan proposed
in Permit Application Log No. 2000-199.
Page 20
cover is installed in that area. Leachate removed from this landfill shall be treated
at a permitted facility in accordance with the leachate management plan proposed
in Permit Application Log No. 2000-199.
2.
Pursuant to 35 IAC, Sections 811.307(a) and (b), 811.308(a) and (h), and
811.309(a), leachate shall be pumped from the side slope riser sump(s) before the
level of leachate rises above the invert of the collection pipe(s) at its lowest
point(s). Leachate removal as such shall he performed througnout me period that
the leachate (.--:--11,-,..-.ti,..)11,1 Management system must be operated in accordance with
Permit Application Log No. 2000-199.
3.
The following monitoring points are to be used in the Leachate Monitoring
Program for this facility:
Leachate Monitoring Points
Applicant Designation
Leachate Manhole 1
Leachate Manhole 2
Leachate Manhole 3
Leachate Manhole 4
Leachate Manhole 5
Leachate Manhole 6
Leachate Manhole 7
*G99L
Illinois EPA Designation
@L301
@L302
@L303
@L304
@L305
@L306
@L307
@*L308
@ indicates leachate monitoring points not yet placed into service.
*In the event that monitored concentrations in L308 constitute a significant
increase as defined in VIII.13.c.or d., the operator shall follow the resampling
and/or assessment procedures of VIII.14 and VLII.15.
4.
Pursuant to 35 IAC, Sections 811.309(g), 722.111 and 721, Subpart C, leachate
monitoring (i.e., sampling, measurements and analysis) must be conducted in
accordance with the permit for this facility. The concentrations or values for the
parameters contained in List LI (below) shall be determined on a semi-annual
basis and submitted with the quarterly groundwater reports.
Each year, the permittee shall collect a representative leachate sample and have it
tested for the parameters contained in List L2.
Page 21
LIST LI
Leachate Monitoring Parameters
STORET
pH (S.U.)
00400
Elevation Leachate Surface (ft. MSL)
71993
Bottom of Well Elevation (ft. MSL)
72020
1.eachate Level irorn measuring 1
(Cr
72109
arsenic (total)
01002
T)----4,1 m
(total)
01007
Cadmium (iuL
“ :,
01027
Iron (total)
010=;
Ammonia Nitrogen – N (mg/L)
00610
Bacteria (Fecal Coliform) (FCBR/100 mL)
31616
Biochemical Oxygen Demand (BOD5) (mg/L)
00310
1, 1,1,2- Tetrachloroethane
77562
1,1,1 -Tri chloro eth ane
34506
1,1,2,2-Tetrachloroethane
34516
1,1,2-Trichloroethane
34511
1, 1 -Di chloro ethane
34496
1,1 -Dichloroethylene
34501
1,1-Dichloropropene
77168
1,2,3-Trichlorobenzene
77613
1,2,3-Trichloropropane
77443
1,2,4-Trichlorobenzene
34551
1,2,4-Trimethylbenzene
77222
1,2-Dibromo-3-Chloropropane
38760
1,2-Di chloro ethane
34531
1,2-Dichloropropane
34541
1,3,5-Trimethylbenzene
77226
1,3-Dichloropropane
77173
1,3-Dichloropropene
34561
1,4-Dichloro-2-Butene
73547
1-Propanol
77018
2,2-Dichloropropane
77170
2,4,5-tp (Silvex)
39760
2,4,6-Trichlorophenol
34621
2,4-Dichlorophenol
34601
2,4-Dichlorophenoxyacetic Acid (2,4-D)
39730
Page 22
LIST LI
Leachate Monitoring Parameters
STORET
2,4-Dimethylphenol
34606
2,4-Dinitrotoluene
34611
2,4-Dinitrophenol
34616
2,6 l^irucrotoiu^;
."4526
2-Chloroethyl Vinyl Ether
34576
2-Chloronaphthalene
3/15SI
2-Chlorophenol
34586
2-Hexanone
77103
2-Propanol (Isopropyl Alcohol)
81310
3,3 -Dichlorob enzi dine
34631
4,4-DDD
39310
4,4-DDE
39320
4,6-Dinitro-O-Cresol
34657
4-Bromophenyl Phenyl Ether
34636
4-Chlorophenyl Phenyl Ether
34641
4-Methyl-2-Pentanone
78133
4-Nitrophenol
34646
Acenaphthene
34205
Acetone
81552
Alachlor
77825
Al dicarb
39053
Aldrin
39330
Alpha – BHC
39337
Aluminum
01105
Anthracene
34220
Antimony
01097
Atrazine
39033
Benzene
34030
Benzo (a) Anthracene
34526
Benzo (a) Pyrene
34247
Benzo (b) Fluoranthene
34230
Benzo (ghi) Perylene
34521
Benzo (k) Fluoranthene
34242
Beryllium (total)
01012
Beta – BHC
39338
Page 23
LIST LI
Leachate Monitoring Parameters
STORET
(ing/L, as LaCo..;,
OU425
.123i s (2- Chloro -1-Methyl ethyl) Ether
73522
Bis (2-Chloroethoxy) Methane
34278
Bis (2-Chloroethyl) Ether
34273
Bis (2-Ethylhexyl) Phthalate
39100
B i s (Chloromethyl) Ether
34268
Boron
01022
Bromobenzene
81555
Bromochloromethan e
77297
Bromodichloromethane
32101
Bromoform
32104
Bromomethane
34413
Butano I
45265
Butyl Benzyl Phthalate
34292
Calcium (mg/L)
00916
Carbofuran
81405
Carbon Disulfide
77041
Carbon Tetrachloride
32102
Chemical Oxygen Demand (COD) (mg/L)
00335
Chlordane
39350
Chloride (mg/L)
00940
Chlorobenzene
34301
Chloroethane
34311
Chloroform
32106
Chloromethane
34418
Chromium (total)
01034
Chrysene
34320
Cis- 1,2-Dichloro ethylene
77093
Cobalt (total)
01037
Copper (total)
01042
Cyanide (mg/L)
00720
DDT
39370
Delta – BHC
46323
Di-N-Butyl Phthalate
39110
Di-N-Octyl Phthalate
34596
Page 24
LIST LI
Leachate Monitoring Parameters
?
STORET
Dibenzo (a,h) Antliracene
?
34356
Dibromochloromethane
?
32105
Dibromomethane?
77596
Di chloro di fluoromethane
?
34668
Dichloromethane
?
34423
Dieldrin?
39380
Diethyl Phthalate?
34336
Dimethyl Phthalate
?
34341
Endosulfan I?
34361
Endosulfan II
?
34356
Endosulfan Sulfate
?
34351
Endrin?
39390
Endrin Aldehyde?
34366
Ethyl Acetate
?
81585
Ethylbenzene
?
78113
Ethylene Dibromide (EDB)
?
77651
Fluoranthene?
34376
Flourene?
34381
Fluoride (mg/L)?
00951
Heptachlor Epoxide
?
39420
Heptachlor
?
39410
Hex achlorob enzene
?
39700
Hexachlorobutadiene
?
39702
Hexachlorocyclopentadiene?
34386
Hexachloroethane?
34396
Ideno (1,2,3-cd) Pyrene?
34403
Iodomethane?
77424
Is oprop ylb enzene
?
77223
Lead (total)
?
01051
Lindane?
39782
Magnesium (total) (mg/L)?
00927
Manganese (total)?
01055
Mercury (total)
?
71900
Methoxychlor
?
39480
Methyl Ethyl Ketone?
81595
Page 25
LIST LI
Leachate Monitoring Parameters
STORET
Naphthalene
34696
Nickel (total)
01067
Nitrate-Nitrogen (mg/L)
00620
Nitrob enzene
34447
Oil. Hexane Soluble (or Equivalent) (mg/L)
00550 or
00552
Parathion
39540
Pentachlorophenol
39032
Phenanthrene
34461
Phenols
32730
Phosphorous (mg/L)
00665
Polychlorinated Biphenyls
39516
Potassium (mg/L)
00937
Pyrene
34469
Selenium
01147
Silver (total)
01077
Specific Conductance (umhos/cm)
00094
Sodium (mg/L)
00929
Styrene
77128
Sulfate (mg/L)
00945
Temperature of Leachate Sample (°F)
00011
Tert-Butylbenzene
77353
Tetrachlorodibenzo-p-Dixoins
34675
Tetrachloroethylene
34475
Tetrahydrofuran
81607
Thallium
01059
Tin
01102
Toluene
34010
Total Organic Carbon (TOC) (mg/L) 00680
Total Dissolved Solids (TDS) (mg/L)
70300
Total Suspended Solids (TSS) (mg/L)
00530
Toxaphene
39400
Tr ans-1 ,2-Dichloro ethyl ene
34546
Trans-1,3-Dichlorpropene
34699
Trichloroethylene
39180
Page 26
LIST LI
Leachate Monitoring Parameters
STORET
Trichlorofluoromethane
34488
Vinyl Acetate
77057
Vinyl Chloride
39175
Xylene
81551
Zinc (total)
01092
m-Dichlorobenzene
34566
m+p-Xylene
61283
n-Butylbenzene
77342
n-Nitrosodimethylamine
3443 8
n-Nitrosodiphenylamine
34433
n-Nitro sodipropyl amine
34428
n-Propylbenzene
77224
o-Chlorotoluene
77275
o-Dichlorobenzene
34536
o-Nitrophenol
34591
o-Xylene
77135
p-Chlorotoluene
77277
p-Cresol
77146
p-Dichlorobenzene
34571
p-Isopropyltoluene
77356
sec-Butylbenzene
77350
LIST L2
RCRA Parameters for Leachate and Condensate
RCRA PARAMETERS
STORETS
Ignitability
Flashpoint, Pensky-Martens Closed Cup
00497
(°F)
Corrosivity
pH (S.U.)
00400
Page 27
LIST L2
RCRA Parameters for Leachate and Condensate
RCRA PARAMETERS
STORETS
Reactivity
Reactive Cyanide
Reactive Sulfide
99040
99042
Toxicity
Total
TCLP
conc.
conc.
(ug/l)
(mg/L)
Arsenic
1002
99012
Barium
1007
99014
Cadmium
1027
99016
Chromium
1034
99018
Lead
1051
99020
Mercury
71900
99022
Selenium
1147
99024
Silver
1077
99026
Endrin
39390
99028
Lindane
39782
99030
Methoxychlor
39480
99032
Toxaphene
39400
99034
2,4-D
39730
99036
2,4,5-TP Silvex
39760
99038
Benzene
34030
99128
Carbon tetrachloride
32102
99050
Chlordane
39350
99148
Chlorobenzene
34301
99096
Chloroform
32106
99149
o-Cresol
77152
99150
m-Cresol
77151
99151
p-Cresol
77146
99152
Cresol
79778
99153
1,4-Dichlorobenzene
34571
99154
1,2-Dichloroethane
34531
99155
Page 28
LIST L2
RCRA Parameters for Leachate and Condensate
RCRA PARAMETERS
STORETS
1,1-Dichloroethylene
34501
99156
2,4-Dinitrotoluene
34611
99157
Heptachlor (and its epoxide)
39410 and
99158
39420
Hexachlorobenzene
39700
99159
Hexachloro-1,3-Butadiene
39702
99160
Hexachloroethane
34396
99161
Methyl Ethyl Ketone
81595
99060
Nitrobenzene
34447
99062
Pentachlorophenol
39032
99064
Pyridine
77045
99066
Tetrachloroethylene
34475
99068
Trichloroethylene
39180
99076
2,4,5-Trichlorophenol
77687
99078
2,4,6-Trichlorophenol
34621
99080
Vinyl Chloride
39175
99162
Notes for all leachate monitoring parameters:
a.
The test methods for leachate monitoring shall be those approved in the
USEPA's Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods (SW-846), Third Edition or the equivalent thereof.
b.
All parameters shall be determined from unfiltered samples.
c.
The monitoring results should be reported in ug/I units unless otherwise
indicated.
Notes for List L2 parameters:
a.
Flashpoint shall be reported in degrees Fahrenheit. The parameters for
reactivity and toxicity shall be reported in parts per million.
b.
The permittee shall obtain metals and organics analysis. For List L2
parameters, either procedure may be utilized (i.e., total or TCLP), but any
constituent whose total concentration exceeds the TCLP limit specified in
Page 29
35 IAC, Section 721.124 must be analyzed using the TCLP test and the
results reported, unless an alternative test has been approved by the Illinois
EPA. TCLP test methods must be in accordance with SW 846-1311.
5.
The schedule for leachate sample collection and submission of monitoring data is
illustrated below:
Sampling Period
Sampling Points
Lists
Report Due Date
Oct-Nov 2008
L301
Ll
January 15, 2009
April-May 2009
L301
LI
July 15, 2009
LREP
L2
Oct-Nov 2009
L301
Ll
January 15, 2010
April-May 2010
L301
Ll
July 15, 2010
LREP
L2
Oct-Nov 2010
L301
Ll
January 15, 2011
April-May 2011
L301
Ll
July 15, 2011
LREP
L2
Oct-Nov 2011
L301
Li
January 15, 2012
April-May 2012
L301
LI
July 15, 2012
LREP
L2
Oct-Nov 2012
L301
Ll
January 15, 2013
April-May 2013
L301
Ll
July 15, 2013
LREP
L2
6.
The leachate monitoring data must be submitted in an electronic format. The
information is to be submitted, as fixed-width text files formatted as found in
Attachment A. Additional guidance regarding the submittal of the information in
an electronic format can be found at ww-w.epa.state.il.us/land/waste-
mgmt/groundvvater-monitoring.html .
VIII. GROUNDWATER MONITORING
1.
The groundwater monitoring program must be capable of determining
background groundwater quality hydraulically upgradient of and unaffected by
the units and to detect, from all potential sources of discharge, any releases to
groundwater within the facility. The Illinois EPA reserves the right to require
installation of additional monitoring wells as may be necessary to satisfy the
requirements of this permit.
Page 30
2.
The groundwater monitoring wells shall be constructed and maintained in
accordance with the requirements of 35 Ill. Adm. Code, 811.318(d) and designs
approved by the Illinois EPA.
3.
Groundwater monitoring wells shall be installed in the locations shown in
Attachment L of the permit application, Log No. 2000-199 and screened in the
constructed subgrade layer (equivalent to the Herrin No. 6 coal) and the
Springfield-Harrisburg No. 5 coal identified as potential contaminant pathway(s)
within the zone of attenuation. All wells as listed in Condition V.9 must be
installed prior to application for operating authorization.
4.
Within 60 days of installation of any groundwater monitoring well, boring logs
compiled by a qualified geologist, well development data and as-built diagrams
shall be submitted to the Illinois EPA utilizing the enclosed "Well Completion
Report" form. For each well installed pursuant to this permit, one form must be
completed.
5.
Groundwater monitoring wells shall be easily visible, labeled with the Illinois
EPA monitoring point designations and fitted with padlocked protective covers.
6.
In the event that any well becomes consistently dry or unserviceable and therefore
requires replacement, a replacement well shall be installed within ten (10) feet of
the existing well. The Illinois EPA shall be notified in writing at least 15 days
prior to the installation of all replacement wells. A replacement well that is more
than ten feet from the existing well or which does not monitor the same geologic
zone is considered to be a new well and must be approved via a significant
modification permit.
7.
All borings, wells and piezometers not used as monitoring points shall be
abandoned in accordance with the standards in 35 Ill. Adm. Code 811.316, and
the decommissioning and reporting procedures contained in the Illinois
Department of Public Health's (IDPH) Water Well Construction Code, 77 Ill.
Adm. Code, Part 920 (effective 1/1/92). In the event specific guidance is not
provided by IDPH procedures, the enclosed Illinois EPA monitoring well
plugging procedures shall be followed.
8.
Groundwater sampling and analysis shall be performed in accordance with the
requirements of 35 Ill. Adm. Code 811.318(e) and the specific procedures and
methods approved by the Illinois EPA in permit application Log No. 2000-199.
9.
The following monitoring points are to be used in the groundwater detection
monitoring program for this facility:
Page 31
Upgradient Wells
Applicant Designation
Illinois EPA Designation
Phase 1A: 500 series
G501
G501
G502
G502
Phase 1A: 600 series
G601
G601
G602
G602
G637
G637
Wells Within Zone of Attenuation
Applicant Designation
Illinois EPA Designation
Phase 4: 500 series
G503
G503
G504
G504
G505
G505
G506
G506
G507
G507
G508
G508
G509
G509
G510
G510
Phase 5: 500 series
G511
G511
G512
G512
G513
G513
G514
G514
G516
G516
G517
G517
Phase 1A: 600 series
G603
G603
G604
G604
G605
G605
G606
G606
G608
G608
G609
G609
G610
G610
Page 32
Phase 1C: 600 series
Phase 2: 600 series
Phase 5: 600 series
G618
G618
G619
G619
G620
G620
G621
G621
G622
G622
G623
G623
G624
G624
G625
G625
G627
G627
G628
G628
G629
G629
Phase 4: 600 series
G630
G630
G631
G631
G632
G632
G633
G633
G634
G634
G635
G635
G636
G636
Compliance Boundary Well(s)
Applicant Designation
G515
G607
Phase 5: 500 series
Illinois EPA Designation
G515
G607
Phase 1A: 600 series
G611
G612
G613
G611
G612
G613
G614
G615
G616
G617
G614
G615
G616
G617
Page 33
Phase 5: 600 series
G626
G626
The 500 series wells are screened in the deeper Springfield-Harrisburg No. 5 coal seam.
The 600 series wells are screened in the shallower Subgrade layer, which is equivalent to
the Herrin No. 6 coal seam.
All monitoring wells are to be installed in conjunction with the phasing schedule in
Section 12.1 of peLmit application Log No. 2000-199, and at a minimum of one year prior
to placement of waste in the respective phase of the facility.
Existing upgradient well G601 will remain in the monitoring well network, but is
scheduled for replacement during construction of the subgrade layer during Phase 2.
Final determination of the replacement will be submitted to the Illinois EPA for approval
in the form of a significant modification to permit.
10.
The monitoring program, approved by Permit No. 2000-199, shall continue for a
minimum period of 30 years after closure and shall not cease until the conditions
described in 35 Ill. Adm. Code, 811.319(a)(1)(C) have been achieved. The
operator shall collect samples from all of the monitoring points listed in Condition
V.9, test the samples for the parameters listed in Condition V.12 (Lists 01 and
G2), and report the results to the Illinois EPA, all in accordance with the schedule
in Condition V.17.
11.
The applicable groundwater quality standards (AGQS) and the maximum
allowable predicted concentrations (MAPC), as listed in Condition 12 below, are
subject to the following conditions:
a.
Temperature and the field parameters involving depth or elevation are not
considered groundwater constituents and do not need AGQS.
b.
For constituents which have not been detected in the groundwater, the
practical quantitation limit (PQL) shall be used as the AGQS.
c.
MAPCs are only applicable to those wells within the zone of attenuation.
d.
AGQS are only applicable to upgradient/background and compliance
boundary wells.
12.
AGQS and MAPC values must be determined for all of the parameters which
appear in either Lists G1 or G2 (not including groundwater depth or elevations).
The AGQS values shall be calculated using four (4) consecutive quarters of
groundwater monitoring data and employing the statistical method described in
Section 5.3 of pellnit application, Log No. 2000-199.
Page 34
LIST G1 (Groundwater - Quarterly)
500 series
600 series
FIELD PARAMETERS
STORETS
AGQS/MAPC AGQS/MAPC
pH
00400
5.38-9.15
3.59-9.61
Specific Conductance (um/homs)
00094
7,587.72
6,045.10
Temperature of Water Sample (° F)
00011
Depth to Water (ft. below land surface)
72019
Depth to Water (ft. below measuring point)
72109
Elevation of Measuring Point (Top of
casing
MSL)
72110
Elevation of Groundwater Surface (ft. MSL)
71993
Elevation of Bottom of Well (ft. MSL)
72020
500 series
600 series
INDICATOR PARAMETERS
STORETS
AGQS/MAPC AGQS/MAPC
Ammonia (as Nitrogen; Dissolved) mg/L
00608
7.62
0.848
Arsenic (Dissolved) ug/L
01000
160
5
Boron (Dissolved) ug/L
01020
2,820
658
Cadmium (Dissolved) ug/L
01025
77
1
Chloride (Dissolved) mg/L
00941
163.93
16.05
Cyanide (Total) mg/L
00720
0.003
0.003
Iron (Dissolved) ug/L
01046
1,084,140
34,520
Lead (Dissolved) ug/L
01049
610
13
Manganese (Dissolved) ug/L
01056
19,180
5,020
Mercury (Dissolved) ug/L
71890
0.033
0.033
Nitrate (as Nitrogen, Dissolved) mg/L
00618
0.472
2.11
Phenols (Total Recoverable) ug/L
32730
3.7
3.7
Sulfate (Dissolved) mg/L
00946
3,272.97
1,289.54
Total Dissolved Solids
70300
21,678.5
2,672.88
(TDS, 180°C; Dissolved) mg/L
Total Organic Carbon (TOC; Total) mg/L
00680
11.49
7.98
Zinc (Dissolved) ug/L
01090
4,490
884
NOTE:
All parameters with the "(Dissolved)" label to the right shall be determined using
groundwater samples which have been filtered through a 0.45 micron filter. All other
parameters shall be determined from unfiltered samples.
ii.
Maximum allowable predicted concentrations (MAPCs) and applicable groundwater
Page 35
quality standards (AGQS) are given in ug/L except as otherwise noted. Also, the
monitoring results should be reported in ug/L units unless otherwise indicated.
LIST G2 (Groundwater - Annual)
PARAMETERS (ug/L)
STORETc>
500 series
600 series
AGQS/MAPC AGQS/MAPC
T 11\17Tr
-
,
LI
(totals)
Acetone
81552
4.78
4.72
Acrolein
34210
2.4
2.4
Acrylonitrile
34215
1.69
1.69
#
Alachlor
77825
0.2
0.2
#
Aldicarb
39053
0.043
0.043
@
Aldrin
39330
0.008
0.008
Aluminum
01105
453,040
278,770
Ammonia (as N) (mg/L)
00610
7.54
1.12
#
Antimony
01097
0.024
0.024
#
Arsenic
01002
91
46
#
Atrazine
39033
0.036
0.036
#
Barium
01007
5,480
1,690
#
Benzene
34030
0.2
0.2
#
Benzo(a)Pyrene
34247
0.12
0.12
#
Beryllium
01012
29
7
BOD (mg/L)
00310
47.05
13.23
#
Boron
01022
1,980
374
*Bromobenzene
81555
0.15
0.15
*Bromochloromethane (chlorobromomethane)
77297
0.29
0.29
*Bromodichloromethane
32101
0.17
0.17
*Bromoform (Tribromomethane)
32104
0.3
0.3
*Bromomethane (Methyl Bromide)
34413
0.47
0.47
*n-Butylbenzene
77342
0.13
0.13
*sec-Butylbenzene
77350
0.14
0.14
*tert-Butylbenzene
77353
0.14
0.14
#
Cadmium
01027
31
6
Calcium (mg/L)
00916
764.05
485.46
#
Carbofuran
81405
0.016
0.016
Carbon Disulfide
77041
0.43
0.43
#
Carbon Tetrachloride
32102
0.16
0.16
Chemical Oxygen Demand (COD) (mg/L)
00335
48
120
#
Chlordane
39350
0.11
0.11
#
Chloride (mg/L)
00940
198.32
16.03
#*Chlorobenzene
34301
0.14
0.14
Page 36
LIST G2 (Groundwater - Annual) (cont.)
PARAMETERS (ug/L)
STORETS
500 series
600 series
AGQS/MAPC AGQS/MAPC
UNFILTERED (totals)
*Chloroethane (Ethyl Chloride)
34311
0.42
0.42
*Chloroform (T-ricAllorornethane)
*Chloromethane (Methyl Chloride)
*o-Chlorotoluene
3z:10
34418
77275
u.
-
,,
-,
0.36
0.14
0.33
u. 2,
0.14
*p-Chlorotoluene
77277
0.19
0.19
#
Chromium
01034
1,260
454
*Chlorodibromomethane (Dibromochloromethane) 32105
0.2
0.2
#
Cobalt
01037
160
106
#
Copper
01042
779
506
p-Cresol
77146
0.57
0.57
#
Cyanide (mg/L)
00720
0.003
0.003
#
Dalapon
38432
0.16
0.16
@
DDT
39370
0.0086
0.0086
*Dibromomethane (Methylene Bromide)
77596
0.28
0.28
*m-Dichlorobenzene (1,3 Dichlorobenzene)
34566
0.19
0.19
#*o-Dichlorobenzene (1,2 Dichlorobenzene)
34536
0.13
0.13
#
p-Dichlorobenzene (1,4 Dichlorobenzene)
34571
0.12
0.12
*Dichlorodifluoromethane
34668
0.15
0.15
#*Dichloromethane (Methylene Chloride)
34423
0.32
0.32
@
Dieldrin
39380
0.0041
0.0041
Diethyl Phthalate
34336
0.91
0.91
Dimethyl Phthlate
34341
0.67
0.67
Di-N-Butyl Phthlate
39110
1.2
1.2
#
Dinoseb (DNBP)
81287
0.11
0.11
#
Endothall
38926
#
Endrin
39390
0.0023
0.0023
#
Di(2-Ethylhexyl)Phthalate
39100
-
#*Ethylbenzene
78113
0.13
0.13
#*Ethylene Dibromide (EDB)(1,2-Dibromo ethane) 77651
0.009
0.009
#
Fluoride (mg/L)
00951
4.29
0.851
#
Heptachlor
39410
0.0021
0.0021
#
Heptachlor Epoxide
39420
0.0027
0.0027
*Hexachlorobutadiene
39702
1.2
1.2
#
Hexachlorcyclopentadiene
34386
2.3
2.3
lodomethane (Methyl Iodide)
77424
0.17
0.17
#
Iron
01045
850,640
375,550
Isophorone
34408
0.69
0.69
Page 37
LIST G2 (Groundwater - Annual) (cont.)
PARAMETERS (ug/L)
STORETS
500 series
600 series
AGQS/MAPC
AGQS/MAPC
UNFILTERED (totals)
*Isopropylbenzene
77223
0.11
0.11
*p-Isopropyltoluene
77356
0.15
0.15
#
Lead
01051
310
476
#
Lindane
39782
0.0016
0.0016
Magnesium (mg/L)
00927
294.88
242.11
#
Manganese
01055
11,480
10,010
#
Mercury
71900
0.033
0.033
#
Methoxyclor
39480
0.01
0.01
*Naphthalene
34696
1.5
1.5
#
Nickel
01067
1,330
376
#
Nitrate-Nitrogen (mg/L)
00620
2.38
0.487
@
Oil(Hexane-Soluble or Equivalent) (mg/L)
00550
0.665
0.665
@
Parathion
39540
0.029
0.029
#
Pentachlorophenol
39032
0.048
0.048
#
pH
00400
5.38-9.15
3.59-9.61
#
Phenols
32730
62
3.7
#
Picloram
39720
0.16
0.16
#
Polychlorinated Biphenyls
39516
0.5
0.5
Potassium (mg/L)
00937
138.03
41.04
*n-Propylbenzene
77224
0.14
0.14
#
Selenium
01147
106
26
#
Silver
01077
1.5
1.5
#
Simazine
39055
0.037
0.037
Sodium (mg/L)
00929
664.55
209.38
#*Styrene
77128
0.13
0.13
#
Sulfate (mg/L)
00945
2,970.21
1,205.01
TOC (mg/L)
00680
11.49
7.98
#*Tetrachloroethylene (Perchloroethylene)
34475
0.24
0.5
Tetrahydrofuran
81607
1.6
1.6
#
Thallium
01059
7
4
#*Toluene
34010
0.18
0.18
#
Toxaphene
39400
0.32
0.32
#
Trichloroethylene (Trichloroethene)
39180
0.53
0.53
*Trichlorofluoromethane
34488
0.14
0.14
Vanadium
01087
1,100
260
#
Vinyl Chloride
39175
0.27
0.27
Vinyl Acetate
77057
0.2
0.2
Page 38
LIST G2 (Groundwater - Annual) (cont.)
PARAMETERS (ug/L)
STORETS
500 series
600 series
AGQS/MAPC
AGQS/MAPC
UNFILTERED (totals)
# Xylenes
81551
0.34
0.34
*m-Xylene
77134
0.24
0.24
*o-Xylene
77135
0.19
0.19
*p-Xylene
77133
0.24
0.24
# Zinc
01092
1,920
1,060
*1,1,1,2-Tetrachloroethane
77562
0.26
0.26
#
1,1,1-Trichloroethane (Methylchloroform)
34506
0.1
0.1
*1,1,2,2-Tetrachloroethane
34516
0.43
0.43
#*1,1,2-Trichloroethane
34511
0.28
0.28
*1,1 -Dichloroethane
34496
0.15
0.15
#
1,1-Dichloroethylene
34501
0.43
0.43
*1,1-Di chloroprop ene
77168
0.25
0.25
*1,2,3-Trichlorobenzene
77613
0.25
0.25
*1,2,3-Trichloropropane
77443
0.3
0.3
#*1,2,4-Trichlorobenzene
34551
0.31
0.31
*1,2,4-Trimethylbenzene
77222
0.15
0.15
#*1,2-Dibromo-3-Chloropropane (DBCP)
38760
0.013
0.013
#*cis-1,2-Dichloroethylene
77093
0.23
0.23
#*trans-1,2-Dichloroethylene
34546
0.41
0.41
#
1,2-Dichloroethane
34531
0.34
0.34
it*1,2-Dichloropropane (Propylene Dichloride)
34541
0.18
0.18
*1,3,5-Trimethylbenzene
77226
0.13
0.13
*1,3-Dichloropropane
77173
0.21
0.21
*1,3-Dichloropropene
34561
0.16
0.16
cis-1,3-Dichloropropene
34704
0.16
0.16
trans-1,3-Dichloropropene
34699
0.22
0.22
trans-1,4-Dichloro-2-Butene
49263
0.64
0.64
*2,2-Dichloropropane
77170
0.22
0.22
#
2,4,5-TP (Silvex)
39760
0.047
0.047
#
2,4-Dichlorophenoxyacetic Acid (2,4-D)
39730
0.092
0.092
.
2-Butanone(Methyl Ethyl Ketone)
81595
0.69
0.69
2-Hexanone (Methyl Butyl Ketone)
77103
0.39
0.39
4-Methyl-2-Pentanone (Methyl Isobutyl Ketone) 78133
1.73
1.73
NOTE:
Page 39
i.
All parameters with the "(Dissolved)" label to the right shall be determined using
groundwater samples which have been filtered through a 0.45 micron filter. All other
parameters shall be determined from unfiltered samples.
ii.
Maximum allowable predicted concentrations (MAPCs) and applicable groundwater
quality standards (AGQS) are given in ug/L except as otherwise noted. Also, the
monitoring results should be reported in ug/L units unless otherwise indicated.
iii.
The preceding list of parameters (G2) includes all those found in Attachment 1 to
Appendix C to LPC-PA2. The 51 constituents from 40 CFR 141.40 and the parameters
from 35 Ill. Adm. Code 620.410 and the parameters from 35 III. Adm. Code 302,
designated with (*), (#) and (@) respectively are required to be monitored annually and
may not be deleted.
13.
Pursuant to 35 Ill. Adm. Code, 811.319(a)(4)(A), any of the following events
shall constitute an observed increase only if the concentrations of the constituents
monitored can be measured at or above the practical quantitation limit (PQL):
a.
The concentration of any constituent in List G1 of Condition V.12 shows a
progressive increase over four (4) consecutive quarters.
b.
The concentration of any constituent monitored in accordance with List
G1 or List G2 of Condition V.12 exceeds the MAPC at an established
monitoring point within the zone of attenuation.
c.
The concentration of any organic constituent in List G2, monitored in
accordance with Condition V.12 exceeds the preceding measured
concentration at any established point.
d.
The concentration of any constituent monitored at or beyond the edge of
the zone of attenuation (compliance boundary) exceeds its AGQS, or
pursuant to 811.320(d)(1) any constituent monitored at an upgradient well,
exceeds its AGQS.
14.
For each round of sampling described in Condition 10 of this Section, the operator
must determine if an observed increase has occurred within 45 days of the date
the samples were collected. If an observed increase is identified, the operator
must also notify the Illinois EPA in writing within 10 days and follow the
confiiniation procedures of 35 Ill. Adm. Code, 811.319(a)(4)(B). Furthermore,
the operator must complete the confirmation procedures within 90 days of the
initial sampling event.
Page 40
15.
Within 90 days of confirmation of any monitored increase, the operator shall
submit a permit application for a significant modification to begin an assessment
monitoring program in order to determine whether 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 35 Ill. Adm. Code
811.319(b).
16.
The first quarterly statistical evaluations shall be performed on groundwater
samples taken during the first quarterly sampling event after issuance of operating
authorization and the results submitted to the Illinois EPA in accordance with the
schedule in condition
17.
The schedule for sample collection and submission of quarterly monitoring results
is as follows:
Sampling Quarter
Jan-Feb (1st)
April-May (2nd)
July-Aug (3rd)
Oct-Nov (4th)
Sampling Due
List G1
List G1 and G2
List G1
List G1
Report Due Date
April 15
July 15
October 15
January 15
G1 - Routine Groundwater Parameters
G2 - Annual Groundwater Parameters
18.
Elevation of stick-up is to be surveyed and reported to the Illinois EPA:
a.
When the well is installed (with the as-built diagrams),
b.
Every two years thereafter, or
c.
Whenever there is reason to believe that the elevation has changed.
19.
Annually, the operator shall prepare an evaluation of the groundwater flow
direction and the hydraulic gradients at the facility using the groundwater surface
elevations (Storet #71993) determined for each monitoring event. This
assessment shall be submitted with the monitoring results due on July 15.
20.
All monitoring points shall be maintained in accordance with the approved permit
application such that the required samples and measurements may be obtained.
21.
Background concentrations which exhibit a statistically significant change shall
be adjusted and updated in accordance with 35 Ill. Adm. Code 811.320(d)(1) and
Page 41
submitted to the Illinois EPA as an application for a significant modification to
the permit.
22.
Information required by Conditions VIII.10 and VIII.17 must be submitted in an
electronic format. The information is to be submitted, as fixed-width text files
formatted as found at www.epa.state.il.us/land/waste-ingint/oroundwater-
monitoring.html.
IX. LANDFILL GAS MANAGEMENT/MONITORING
1. The landfill gas monitoring plan described in Application Log No. 2000-199 is
approved. Monitoring devices shall be put into service in accordance with the
following schedule:
a.
The gas monitoring probes within the waste boundary shall be installed
and put into service within ninety days after final cover has been applied
to the various areas where they are located.
b.
Monitoring devices outside the waste boundary shall be put into service
when waste has been disposed in the landfill near that monitoring location.
c.
Monitoring devices within buildings shall be put into service when waste
disposal begins and the building has been constructed.
d.
Ambient air monitoring devices shall be put into service downwind of the
disposal unit after initial receipt of waste.
e.
Documentation that all the gas monitoring probes outside the waste
boundary and the methane monitoring devices within the on-site buildings
have been installed shall be included with the application for a significant
modification requesting authorization to place waste upon new liner.
2.
The gas monitoring probes both inside and outside the waste boundary shall be
monitored for the following parameters:
a.
Methane;
b.
Pressure;
c.
Nitrogen*;
d.
Oxygen; and
e.
Carbon Dioxide
*NOTE: For routine monitoring, Nitrogen may be reported as the net remaining
volume fraction after the other measured constituents have been accounted for.
Page 42
3.
The ambient air monitoring devices described in the Application Log No. 2000-
199 shall be used to test the air downwind of the landfill for methane.
4.
All buildings within the facility boundaries shall be monitored continuously for
methane.
5.
Gas monitoring shall continue for at least 30 years after closure and may be
discontinued only after the conditions described in 35 IAC, Section 811.310(c)(4)
have been achieved.
6.
Sampling and testing of the gas monitoring probes and ambient air monitoring
shall be performed at least monthly throughout the remaining operating life and
during the first five years after closure of the waste disposal unit. During the
remainder of the post-closure care period, monitoring may be reduced to
quarterly.
7.
In the event of any of the occurrences listed below, the operator shall: within two
business days, notify the Illinois EPA in writing of an observed exceedance;
implement the requirements of 35 IAC, Section 811.311 to ensure the protection
of human health; and within 180 days of the occurrence, submit to the Illinois
EPA an application for a significant modification either proposing a gas
collection/management system or demonstrating that the facility is not the cause
of the occurrence.
a.
A methane concentration greater than 50 percent of the lower explosive
limit in air is detected in any of the below ground monitoring devices
outside the waste boundary;
b.
A methane concentration greater than 50 percent of the lower explosive
limit in air is detected during ambient air monitoring;
c.
A methane concentration greater than 25 percent of the lower explosive
limit in air is detected in any building on or near the facility; or
d.
Malodors attributed to the unit are detected beyond the property boundary.
8.
Please note that this project includes air emission units which may require a
permit from the Illinois EPA Bureau of Air. Pursuant to 35 IAC, Sections
201.142 and 143, this project requires a construction permit prior to construction
and an operating permit prior to operation of the emission units referenced above.
You may apply for both a construction and operating permit simultaneously. If
you have any questions regarding these requirements, contact the Illinois EPA's
Bureau of Air, Division of Air Pollution Control, Permit Section at 217-782-2113.
Page 43
9.
The gas probes shall be inspected at least monthly for structural integrity and
proper operation.
10.
The results from gas monitoring for each calendar year shall be submitted to the
Illinois EPA in the annual report required by 35 IAC, Section 813.504.
11.
At the end of the post-closure care period, the gas monitoring probes shall be
decommissioned. The probes outside the waste boundary shall be
decommissioned using the method described in the enclosed Illinois EPA
monitoring well plugging procedure guidance. In decommissioning the probes
within the waste disposal unit, the pipes shall be cut off at least two (2) feet below
the low permeability layer and plugged. Then the low permeability layer, the
protective layer and the vegetation shall be restored in the excavated areas.
12.
The design of the landfill gas collections system consisting of 86 vertical
extraction wells, 9 driplegs, a blower/flare unit, and associated pipes and valves
was approved in Permit No. 2000-199-LF. No part of the system shall be
operated until the CQA acceptance report, in the form of a significant
modification, is approved by the Illinois EPA.
X. CLOSURE/POST CLOSURE CARE AND FINANCIAL ASSURANCE
1.
The facility shall be closed in accordance with the closure plan in Application
Log No. 2000-199. The closure plan includes a plan for temporary suspension of
waste acceptance. Upon completion of closure activities, the operator shall notify
the Illinois EPA that the site has been closed in accordance with the approved
closure plan utilizing the Illinois EPA's "Affidavit for Certification of Closure of
Solid Waste Landfills permitted under 35 IAC, Parts 813 and 814".
2.
Inspections of the closed landfill shall be conducted in accordance with the
approved post-closure care plan in Application Log No. 2000-199. Records of
field investigations, inspections, sampling and corrective action taken are to be
maintained at the site and made available to Illinois EPA personnel. During the
post-closure care period, these records are to be maintained at the office of the site
operator.
3.
If necessary, the soil over the entire planting area shall be amended with lime,
fertilizer and/or organic matter. On side slopes, mulch or some other form of
stabilizing material is to be provided to hold seed in place and conserve moisture.
4.
The minimum post-closure care period for this municipal solid waste landfill
(MSWLF) is thirty years. When the post-closure care period has been completed,
Page 44
the operator shall notify the Illinois EPA utilizing the Illinois EPA's LPC-PA1
application form, entitled "General Application for Permit".
5.
The owner or operator shall provide financial assurance for closure and
post-closure care pursuant to 35 IAC, Section 811.700(b). Financial assurance
shall be required only for those areas for which authorization to operate has been
obtained or is being requested.
As part of (or prior to) the application for the first significant modification
authorizing operation for Phase 1-A, approved by this permit and pursuant to 35
IAC, Section 813.203, the owner or operator shall revise this cost estimate to
reflect any modifications entailed by the conditions of the permit. For example,
there may be groundwater and leachate monitoring points and parameters required
by the permit conditions that were not proposed in the permit application. The
cost of sampling the additional points and analyzing for the additional parameters
may increase the post-closure care cost estimate.
6.
The total cost estimate for closure and post closure care for this facility approved
by this permit is $4,445,110. Financial assurance shall be submitted to the Illinois
EPA prior to waste placement.
7.
The owner or operator shall increase the total amount of financial assurance so as
to equal the current cost estimate within 90 days of an increase in the current cost
estimate in accordance with 35 IAC, Section 811.701(b).
8.
The owner or operator shall adjust the cost estimates for closure, post-closure, and
corrective action for inflation on an annual basis during the following time
periods:
a.
The active life of the unit for the closure cost;
b.
The active life and post-closure care period for the post-closure cost; and
c.
Until any corrective action program is completed in accordance with 35
IAC, Section 811.326, for the cost of corrective action.
Each year, no later than June 1 of that year, the owner or operator shall submit a
revised cost estimate in the form of a permit application for significant
modification. This application shall provide an update to the cost estimate or a
certification that there are no changes to the current cost estimates.
Page 45
XI. REPORTING REQUIREMENTS
1.
Within ninety (90) days of issuance of this permit, the operator shall submit to the
Illinois EPA one map of the facility with a scale no smaller than one (1) inch
equals 200 feet. This map shall show:
a.
The facility boundaries;
b.
The permitted waste boundaries of the unit;
c.
All on-site buildings; and
d.
All groundwater, leachate and gas monitoring points for the unit.
Each monitoring point shall be labeled on the map with its Illinois EPA
designation. The designations provided in this permit letter by the Illinois EPA
shall be used for the leachate and groundwater monitoring points. The gas
monitoring points shall be labeled using a logical nomenclature developed by the
operator or the consultant, unless otherwise designated in this permit by the
Illinois EPA.
2.
The annual certification shall be submitted to the Illinois EPA during operation
and for the entire post-closure monitoring period, pursuant to 35 IAC 813.501.
The certification shall be signed by the operator or duly authorized agent, shall be
filed each year by May 1 of the following year, and shall state:
a.
All records required to be submitted to the Illinois EPA pursuant to 35
IAC 858.207 and 858.308 have been timely and accurately submitted; and
b.
All applicable fees required by the Act have been paid in full.
3. The annual report for each calendar year shall be submitted to the Illinois EPA by
May 1 of the following year pursuant to 35 IAC 813.504. The annual report shall
include:
a.
Information relating to monitoring data from the leachate collection
system, groundwater monitoring network, gas monitoring system and any
other monitoring data specified in this permit, including:
1)
Summary of monitoring data for the calendar year;
2)
Dates of submittal of comprehensive monitoring data to the Illinois
EPA during the calendar year;
Page 46
3)
Statistical summaries and analysis of trends;
4)
Changes to the monitoring program; and
5)
Discussion of error analysis, detection limits and observed trends.
b.
Proposed activities including:
1)
Amount of waste expected in the next year;
2)
Structures to be built within the next year; and
3)
New monitoring stations to be installed within the next year.
c.
Any modification or significant modification affecting operation of the
facility; and
d.
The signature of the operator or duly authorized agent as specified in 35
IAC 815.102.
4.
The permittee shall submit a completed "Solid Waste Landfill Groundwater,
Leachate, Facility and Gas Reporting Form" (LPC 591) as a cover sheet for any
notices or reports required by the facility's permit for identification purposes. One
copy of the LPC 591 form must accompany each report; however, except for
electronically formatted data, the permittee must submit one (1) original and a
minimum of two (2) copies of each report you submit to the Illinois EPA. The
form is not to be used for applications for supplemental permit or significant
modification.
5.
All certifications, logs, reports, plan sheets and groundwater and leachate
monitoring data, required to be submitted to the Illinois EPA by the permittee
shall be mailed to the following address:
Illinois Environmental Protection Agency
Permit Section
Bureau of Land -- #33
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Except for electronic groundwater and leachate monitoring data, the operator
shall provide the Illinois EPA with the original and two (2) copies of all
certifications, logs, reports and plan sheets required by this permit.
Page 47
Within 35 days of the date of mailing of the Illinois EPA's final decision, the applicant may
petition for a hearing before the Illinois Pollution Control Board to contest the decision of the
Illinois EPA, however, the 35-day period for petitioning for a hearing may be extended for a
period of time not to exceed ninety days by written notice provided to the Board from the
applicant and the Illinois EPA within the 35-day initial appeal period.
Work required by this
your application or the regulations may also be subject to other
laws governing professional services, such as the Illinois Prof
Land
,
,.c.t of
1989, the Professional Engineering Practice'
n !'rofessional Geologist Licensing
Act, and the Structural Engineering T
lying tact of 1989. This permit does not relieve anyone
with
— -
1 the regulations adopted pursuant to these laws. All work
that falls wit' :• ti
.ope and definitions of these laws must be performed in compliance with
them. The Illinois EPA may refer any discovered violation of these laws to the appropriate
regulating authority.
Sincerely,
Stephen F. Nightingale, P.E.
Manager, Permit Section
Bureau of Land
L
_
SFN:TWH:bj11\082541s.doc
Attachment: Standard Conditions
cc:
Michael W. Rapps, P.E.
Stephen F. Hedinger
bcc: Bureau File
Marion Region
DLC – Melanie Jarvis
Hope Wright
Bur Filson
Tom Hubbard
STANDARD CONDITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BUREAU OF LAND
August 22, 2001
The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter 111-1/2, Section
1039) grants the Environmental Protection Agency authority to impose conditions on permits
which it issues.
•
These standard conditions shall apply to ail permits
w
hich the Agency issues for construction or
development projects which require permits under the Buri.: 'f Land. conditions ma:‘'
also be imposed in addition to these standard conditions.
1. Unless this permit has been extended or it has been voided by a newly issued permit, this
permit will expire two years after date of issuance unless construction or development on
this project has started on or prior to that date.
The construction or development of facilities covered by this permit shall be done in
compliance with applicable provisions of Federal laws and regulations, the Illinois
Environmental Protection Act, and Rules and Regulations adopted by the Illinois Pollution
Control Board.
3.
There shall be no deviations from the approved plans and specifications unless a written
request for modification of the project, along with plans and specifications as required, shall
have been submitted to the Agency and a supplemental written permit issued.
4.
The permittee shall allow any agent duly authorized by the Agency upon the presentation of
credentials:
a.
to enter at reasonable times the permittee's premises where actual or potential effluent,
emissions or noise sources are located or where any activity is to be conducted
pursuant to this permit.
to have access to and copy at reasonable times any records required to be kept under
the terms and conditions of this permit.
c.
to
.
inspect at reasonable times, including during any hours of operation of equipment
constructed or operated under this permit, such equipment or monitoring methodology
or equipment required to be kept, used, operated, calibrated and maintained under this
permit.
d.
to obtain and remove at reasonable times samples of any discharge or emission of
pollutants.
e.
to enter at reasonable times and utilize any photographic, recording, testing,
monitoring or other equipment for the purpose of preserving, testing, monitoring, or
recording any activity, discharge, or emission authorized by this permit.
5.
The issuance of this permit:
a.
shall not be considered as in any manner affecting the title of the premises upon which
the permitted facilities are to be lor ttprt.
not release the permittee from any liability for damage to person or property
caused by or resulting from the construction, maintenance, or operation of the pfup,QP,1
facilities;
c.
does not release the permittee from compliance with other applicable statutes and
regulations of the United States, of the State of Illinois, or with applicable local laws,
ordinances and regulations;
d.
does not take into consideration or attest to the structural stability of any units or parts
of the project;
e.
in no manner implies or suggests that the Agency (or its officers, agents or employees)
assumes any liability, directly or indirectly, for any loss due to damage, installation,
maintenance, or operation of the proposed equipment or facility.
6. Unless a joint construction/operation permit has been issued, a permit for operating shall be
obtained from the Agency before the facility or equipment covered by this permit is placed
into operation.
7.
These standard conditions shall prevail unless modified by special conditions.
8. The Agency may file a compliant with the Board for modification, suspension or revocation
of a permit:
a.
upon discovery that the permit application contained misrepresentations,
misinformation or false statements or that all relevant facts were not disclosed; or
h.
upon finding that any standard or special conditions have been violated; or
c.
upon any violation of the Environmental Protection Act or any Rule or Regulation
effective thereunder as a result of the construction or development authorized by this
permit.
TP:bjh\98311p.doc
