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- No part of a unit shall be located within a setback zone established pursuant to Section 14.2 or 14.3 of the Act.
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- No part of a unit shall be located within the recharge zone or within 366 meters (1200 feet), vertically or horizontally, of that portion of a stratigraphic unit containing Class I or Class III groundwater as defined at 35 Ill. Adm. Code 620, unless:
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- There is a stratum between the bottom of the waste disposal unit and the top of the Class I or Class III groundwater that meets the following minimum requirements:
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- The stratum has a minimum thickness of 15.2 meters (50 feet);
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- The maximum hydraulic conductivity in both the horizontal and vertical directions is no more than 1 x 10-7 centimeters per second, as determined by in situ borehole or equivalent tests;
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- There is no indication of continuous sand or silt seams, faults, fractures or cracks within the stratum that may provide paths for migration; and
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- Age dating of extracted water samples from both the aquifer and the stratum indicates that the time of travel for water percolating downward through the relatively impermeable stratum is no faster than 15.2 meters (50 feet) in 100 years; or
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The owner or operator of the unit has demonstrated to the Agency, through the use of a site-specific groundwater model, or through other appropriate means, such as historical knowledge of local conditions or regional geological and hydrogeological data, that operation of the unit will not adversely impact any existing Class III groundwater or impact any Class I groundwater such that treatment or further treatment will be required to allow reasonable use of such Class I groundwater for potable water supply purposes.
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- Factors to be considered in evaluating whether a Class I groundwater may be reasonably used for potable supply purposes include, but are not limited to:
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- Physical or technological practicability of development;
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Existence of deed restrictions or other legal mechanisms for imposing a restriction on land use; and
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The nature of an existing use of the groundwater.
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In performing groundwater modeling, the owner or operator shall:
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- Estimate the amount of seepage from the unit during operations assuming that the actual design standards for the unit apply;
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Determine the concentration of constituents in the leachate from actual leachate samples from the waste or similar waste, or laboratory-derived extracts;
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Collect information to develop the site-specific groundwater model (e.g., hydraulic conductivity, gradients, hydrogeology, stratigraphy);
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Develop a conceptual groundwater flow model of the site to determine the soil units through which leachate may migrate;
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If leachate from the unit is expected to contain organic constituents in excess of the MALCs for beneficial usable waste, determine the organic carbon content for soil units through which the leachate constituents may migrate; and
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Determine the retardation factor for constituents of interest based on traditional hydrogeological methods.
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Subsection (b) shall not apply to units that accept only beneficially useable waste.
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A facility located within 152 meters (500 feet) of the right of way of a township or county road or State or interstate highway shall have its operations screened from view by a barrier of natural objects, fences, barricades or plants no less than 2.44 meters (8 feet) in height.
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No part of a unit shall be located closer than 152 meters (500 feet) from an occupied dwelling, school, or hospital that was occupied on the date when the operator first applied for a permit to develop the unit or the facility containing the unit, unless the owner of such dwelling, school, or hospital provides permission to the operator, in writing, for a closer distance.
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- All units shall be equipped with a leachate drainage and collection system and a compacted earth liner designed as an integrated system in compliance with the requirements of this Section and of Sections 817.407 and 817.408
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- The liner and leachate collection system shall be stable during all phases of construction and operation. The side slopes shall achieve a minimum static safety factor of 1.3 and a minimum seismic safety factor of 1.0 at all times.
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- The liner shall be designed to function for the entire design period.
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- Compacted earth liner standards:
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- The minimum allowable thickness shall be 0.91 meters (3.0 feet).
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- The liner shall be compacted to achieve a maximum hydraulic conductivity of 1x10-7 centimeters per second.
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- The construction and compaction of the liner shall be carried out in accordance with the construction quality assurance procedures of 35 Ill. Adm. Code 811.Subpart E so as to reduce void spaces and allow the liner to support the loadings imposed by the waste disposal operation without settling that causes or contributes to the failure of the leachate collection system.
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- The liner shall be constructed from materials whose properties are not affected by contact with the constituents of the leachate expected to be produced.
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Slurry trenches and cutoff walls used to prevent migration of leachate:
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- Slurry trenches and cutoff walls built to contain leachate migration shall be used only in conjunction with a compacted earth liner meeting the requirements of subsection (d) above or as part of a remedial action required by 35 Ill. Adm. Code 811.319.
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Slurry trenches and cutoff walls shall extend into the bottom confining layer to a depth that will establish and maintain a continuous hydraulic connection and prevent seepage.
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Exploration borings shall be drilled along the route of the slurry trench or cutoff wall to confirm the depth to the confining layer. In situ tests shall be conducted to determine the hydraulic conductivity of the confining layer.
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Slurry trenches and cutoff walls shall be stable under all conditions during the design period of the facility. They shall not be susceptible to displacement or erosion under stress or hydraulic gradient.
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Slurry trenches and cutoff walls shall be constructed in conformance to a construction quality assurance plan, pursuant to 35 Ill. Adm. Code 811.Subpart E, that insures that all material and construction methods meet design specifications.
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The owner or operator may utilize liner configurations other than those specified in this Section, special construction techniques, and admixtures, provided that:
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- The alternative technology or material provides equivalent, or superior, performance to the requirements of this Section;
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The technology or material has been successfully utilized in at least one application or pilot facility similar to the proposed application;
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Methods for manufacturing quality control and construction quality assurance can be implemented; and
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The owner or operator has received written approval from the Agency prior to the start of construction.
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- Leachate shall be removed from the drainage and collection system when the leachate level in the landfill interferes with landfill operations or exceeds ten feet, or when the unit is subject to assessment monitoring in accordance with Section 817.415(b). The operator is responsible for the operation of a leachate management system designed to handle all leachate removed from the collection system. The leachate management system shall consist of any combination of storage, treatment, pretreatment, and disposal options designed and constructed in compliance with the requirements of this Section.
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- The leachate management system shall consist of any combination of multiple treatment and storage structures, to allow the management and disposal of leachate during routine maintenance and repairs.
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- Standards for on-site treatment and pretreatment:
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- All on-site treatment or pretreatment systems shall be considered part of the facility.
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- The on-site treatment or pretreatment system shall be designed in accordance with the expected characteristics of the leachate. The design may include modifications to the system necessary to accommodate changing leachate characteristics.
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- The on-site treatment or pretreatment system shall be designed to function for the entire design period.
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- All of the facility's unit operations, tanks, ponds, lagoons and basins shall be designed and constructed with liners or containment structures to control seepage to groundwater. The ponds, lagoons, and basins shall be inspected prior to use for cracks and settling and, if leachate is stored in them for more than 60 days, they shall be subject to groundwater monitoring pursuant to this Part.
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- All treated effluent discharged to waters of the State shall meet the requirements of 35 Ill. Adm. Code 309.
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- The treatment system shall be operated by an operator certified under the requirements of 35 Ill. Adm. Code 312.
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Standards for leachate storage systems:
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- The leachate storage facility must be able to store a minimum of at least five days' worth of accumulated leachate at the maximum generation rate used in designing the leachate drainage system in accordance with Section 817.407. The minimum storage capacity may be built up over time and in stages, so long as the capacity for five consecutive days of accumulated leachate, during extreme precipitation conditions, is available at any time during the design period of the facility.
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All leachate storage tanks shall be equipped with secondary containment systems equivalent to the protection provided by a clay liner 0.61 meter (2 feet) thick having a permeability no greater than 10-7 centimeters per second.
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Leachate storage systems shall be fabricated from material compatible with the leachate expected to be generated and resistant to temperature extremes.
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The leachate storage system shall not cause or contribute to a malodor.
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Standards for discharge to an off-site treatment works:
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- Leachate may be discharged to an off-site treatment works that meets the following requirements:
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- All discharges of effluent from the treatment works shall meet the requirements of 35 Ill. Adm. Code 309.
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The treatment system shall be operated by an operator certified under the requirements of 35 Ill. Adm. Code 312.
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No more than 50 percent of the average daily influent flow can be attributable to leachate from the solid waste disposal facility. Otherwise, the treatment works shall be considered a part of the solid waste disposal facility.
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The operator is responsible for securing permission from the off-site treatment works for authority to discharge to the treatment works.
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All discharges to a treatment works shall meet the requirements of 35 Ill. Adm. Code 307 and 310.
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Pumps, meters, valves and monitoring stations that control and monitor the flow of leachate from the unit and which are under the control of the operator shall be considered part of the facility and shall be accessible to the operator at all times.
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Leachate shall be allowed to flow into the sewerage system at all times; however, if access to the treatment works is restricted or anticipated to be restricted for longer than five days, an alternative leachate management system shall be constructed in accordance with subsection (c) of this Section.
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Where leachate is not directly discharged into a sewerage system, the operator shall provide storage capacity sufficient to transfer all leachate to an off-site treatment works. The storage system shall meet the requirements of subsection (d) of this Section.
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Leachate monitoring:
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- Representative samples of leachate shall be collected from each unit and tested in accordance with subsection (f)(2) of this Section at a frequency of once per quarter. The frequency of testing may be changed to once per year for any monitored constituent, if it is not detected in the leachate for four consecutive quarters. However, if such a constituent is detected in the leachate, testing frequency shall return to a quarterly schedule and the constituent added to the groundwater monitoring program requirements of Section 817.415. In such case, the testing frequency shall remain on a quarterly schedule until such time as the monitored constituent has remained undetected for four additional quarters.
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Leachate and discharges of leachate from units shall be monitored for constituents determined by the characteristics of the waste to be disposed of in the unit. They shall include, at a minimum:
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- pH;
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Annually, the MALCs listed in Section 817.106 and the constituents listed in Section 817.Appendix A of this Part;
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Any other constituents listed in the operator's NPDES discharge permit, pursuant to 35 Ill. Adm. Code 304, or required by a publicly owned treatment works, pursuant to 35 Ill. Adm. Code 307 and 310; and
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All of the indicator constituents chosen in accordance with Section 817.415(a)(2)(B) and used by the operator for groundwater monitoring.
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The operator shall also monitor the leachate head within each unit.
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Time of operation of the leachate management system:
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- The operator shall collect and dispose of leachate for a minimum period of 5 years after closure until treatment is no longer necessary.
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Treatment is no longer necessary if the leachate constituents do not exceed the wastewater effluent standards in 35 Ill. Adm. Code 304.124, 304.125, and 304.126.
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If the results of testing of leachate samples in accordance with subsection (f) above show that the leachate exceeds the limits for low risk waste as defined in Section 817.106, the operator shall:
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- notify the Agency in writing of this finding within 10 days following the finding;
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verify the exceedence by taking additional samples within 45 days after the initial observation;
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report the results of the verification sampling to the Agency within 60 days after the initial observation;
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determine the source of the exceedence, which may include, but not be limited to, the waste itself, natural phenomena, sampling or analysis errors, or an offsite source, within 90 days after the initial observation; and
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notify the Agency in writing of a confirmed exceedence and provide the rationale used in such a determination within ten days after the determination.
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If, as a result of further testing of the leachate and the background groundwater and analysis using the 35 Ill. Adm. Code 811.320(e) statistical procedure, it is determined that the facility leachate exceeds the Section 817.106 limits for low risk waste, the facility shall:
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- no longer be subject to the low risk waste landfill requirements of Subpart C of this Part; and
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be subject to the requirements for chemical waste landfills of 35 Ill. Adm. Code 814.302.
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Leachate sampling and analysis shall be completed in accordance with the standards of 35 Ill. Adm. Code 817.414(e)(1), (e)(3), (e)(4), and (e)(5).
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- Purpose. The operator shall conduct a hydrogeologic investigation to develop hydrogeologic information for the following uses:
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- Provide information to perform a groundwater impact assessment; and
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- Provide information to establish a groundwater monitoring system.
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General requirements:
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- The investigation shall be conducted in a minimum of three phases prior to submission of any application to the Agency for a permit to develop and operate a landfill facility.
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The study area shall consist of the entire area occupied by the facility and any adjacent areas, if necessary for the purpose of the hydrogeological investigation set forth in subsection (a) above.
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All borings shall be sampled continuously at all recognizable points of geologic variation, except where non-continuous sampling can provide equivalent information, samples shall be obtained at intervals no greater than 1.52 meters (five feet) in homogeneous strata.
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Minimum requirements for a Phase I investigation:
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- The operator shall conduct a Phase I investigation to develop the following information:
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- Climatic aspects of the study area;
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The regional and study area geologic setting, including a description of the geomorphology and stratigraphy of the area;
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The regional groundwater regime including water table depths and aquifer characteristics; and
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Information for the purpose of designing a Phase II hydrogeologic investigation.
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Specific requirements:
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- The regional hydrogeologic setting of the unit shall be established by using material available from all possible sources, including, but not limited to, the Illinois State Water Survey, the Illinois Geological Survey, the Agency, other State and Federal organizations, water well drilling logs, and previous investigations.
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A minimum of one continuously sampled boring shall be drilled on the site, as close as feasible to the geographic center, to determine if the available regional hydrogeologic setting information is accurate and to characterize the site-specific hydrogeology to the extent specified by this phase of the investigation. The boring shall extend at least 15.2 meters (50 feet) below the bottom of the uppermost aquifer or through the full depth of the confining layer below the uppermost aquifer, or to bedrock, if the bedrock is below the uppermost aquifer, whichever elevation is higher. The locations of any additional borings required under this subsection may be chosen by the investigator, but shall be sampled continuously.
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Minimum requirements for a Phase II hydrogeologic investigation (Phase II investigation):
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- Information to be developed. Using the information developed in the Phase I survey, a Phase II investigation shall be conducted to collect the site-specific information listed below as needed to augment data collected during the Phase I investigation and to prepare for the Phase III investigation:
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- Structural characteristics and distribution of underlying strata, including bedrock;
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Chemical and physical properties including, but not limited to, lithology, mineralogy, and hydraulic characteristics of underlying strata, including those below the uppermost aquifer;
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Soil characteristics, including soil types, distribution, geochemical and geophysical characteristics;
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The hydraulic conductivities of the uppermost aquifer and all strata above it;
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The vertical extent of the uppermost aquifer; and
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The direction and rate of groundwater flow.
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Specific requirements:
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- One boring shall be located as close as feasible to the topographical high point, and another shall be located as close as feasible to the topographical low point of the study area.
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At least one boring shall be at or near each corner of the site. Where the property is irregularly shaped, the borings shall be located near the boundary in a pattern and spacing necessary to obtain data over the entire study area.
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Additional borings may be located at intermediate points at locations and spacings necessary to establish the continuity of the stratigraphic units.
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Piezometers and groundwater monitoring wells shall be established to determine the direction and flow characteristics of the groundwater in all strata and extending down to the bottom of the uppermost aquifer. Groundwater samples taken from such monitoring wells shall be used to develop preliminary information needed for establishing background concentrations in accordance with subsection (e)(1)(G) of this Section.
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Other methods may be utilized to confirm or accumulate additional information. Such methods may be used only as a supplement to, not in lieu of, site-specific boring information. Other methods include, but are not limited to, geophysical well logs, geophysical surveys, aerial photography, age dating, and test pits.
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Minimum standards for a Phase III investigation:
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- Using the information developed during the Phase I and Phase II investigations, the operator shall conduct a Phase III investigation. This investigation shall be conducted to collect or augment the site-specific information needed to carry out the following:
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- Verification and reconciliation of the information collected in the Phase I and II investigations;
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Characterization of potential pathways for contaminant migration;
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Correlation of stratigraphic units between borings;
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Continuity of petrographic features including, but not limited to, sorting, grain size distribution, cementation and hydraulic conductivity;
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Identification of zones of potentially high hydraulic conductivity;
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Identification of the confining layer, if present;
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Concentrations of chemical constituents present in the groundwater and expected to appear in the leachate below the unit, down to the bottom of the uppermost aquifer, using a broad range of chemical analysis and detection procedures, such as gas chromatographic and mass spectrometric scanning. However, additional measurements and procedures shall be carried out to establish background concentrations, in accordance with Section 817.416(d), for any constituent which is listed in Section 817.106 (MALCs) or Section 817.Appendix A of this Part and which is expected to appear in the leachate;
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Characterization of the seasonal and temporal, naturally and artificially induced, variations in groundwater quality and groundwater flow; and
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Identification of unusual or unpredicted geologic features, including: fault zones, fractures traces, facies changes, solution channels, buried stream deposits, cross cutting structures and other geologic features that may affect the ability of the operator to monitor the groundwater or predict the impact of the disposal facility on groundwater.
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In addition to the specific requirements applicable to Phase I and II investigations, the operator shall collect information needed to meet the minimum standards of a Phase III investigation by using methods that may include, but are not limited to, excavation of test pits, additional borings located at intermediate points between boreholes placed during Phase I and II investigations, placement of piezometers and monitoring wells, and institution of procedures for sampling and analysis.
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The operator may conduct the hydrogeologic investigation in any number of alternative ways provided that the necessary information is collected in a systematic sequence consisting of at least three phases that is equal to or superior to the investigation procedures of this Section.
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- All potential sources of discharges to groundwater within the facility, including, but not limited to, all waste disposal units and the leachate management system, shall be identified and studied through a network of monitoring wells operated during the active life of the unit and for the time after closure specified in accordance with Section 817.415. Monitoring wells designed and constructed as part of the monitoring network shall be maintained along with records that include, but are not limited to, exact well location, well size, type of well, the design and construction practice used in its installation and well and screen depths.
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- Standards for the location of monitoring points:
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- A network of monitoring points shall be established at sufficient locations downgradient with respect to groundwater flow and not excluding the downward direction, to detect any discharge of contaminants from any part of a potential source of discharge.
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- Monitoring wells shall be located in stratigraphic horizons that could serve as contaminant migration pathways.
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- Monitoring wells shall be established as close to the potential source of discharge as possible without interfering with the waste disposal operations, and within half the distance from the edge of the potential source of discharge to the edge of the zone of attenuation downgradient, with respect to groundwater flow, from the source.
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- The network of monitoring points of several potential sources of discharge within a single facility may be combined into a single monitoring network, provided that discharges from any part of all potential sources can be detected.
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- A minimum of at least one monitoring well shall be established at the edge of the zone of attenuation and shall be located downgradient from the unit with respect to groundwater flow, and not excluding the downward direction. Such well or wells shall be used to monitor any statistically significant increase in the concentration of any constituent, in accordance with Section 817.416(e) and shall be used for determining compliance with an applicable groundwater quality standard of Section 817.416. An observed statistically significant increase above the applicable groundwater quality standards of Section 817.416 in a well located at or beyond the compliance boundary shall constitute a violation.
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Maximum allowable predicted concentrations. For the purposes of this Part, the maximum allowable predicted concentration (MAPC) for each monitored constituent shall be determined as follows:
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- MAPCs for those constituents with a MALC identified as a primary standard shall be background plus 10 percent of the MALC. MAPCs for those constituents with a MALC identified as a secondary standard shall be background plus 50 percent of the MALC. The MAPCs calculated in this subsection shall be applicable within the zone of attenuation.
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For those constituents listed in Section 817.Appendix A of this Part, the MAPC shall be the practical quanitation limit (PQL) or, if the constituent's background concentration exceeds the PQL, the MAPC shall be the background constituent concentration.
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Standards for monitoring well design and construction:
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- All monitoring wells shall be cased in a manner that maintains the integrity of the borehole. The casing material shall be inert so as not to affect the water sample. Casing requiring solvent-cement type coupling shall not be used.
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Wells shall be screened to allow sampling only at the desired interval. Annular space between the borehole wall and well screen section shall be packed with gravel sized to avoid clogging by the material in the zone being monitored. The slot size of the screen shall be designed to minimize clogging. Screens shall be fabricated from material expected to be inert with respect to the constituents of the groundwater to be sampled.
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Annular space above the well screen section shall be sealed with a relatively impermeable, expandable material such as a cement/bentonite grout, which does not react with or in any way affect the sample, in order to prevent contamination of samples and groundwater and avoid interconnections. The seal shall extend to the highest known seasonal groundwater level.
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The annular space shall be back-filled with expanding cement grout from an elevation below the frost line and mounded above the surface and sloped away from the casing so as to divert surface water away.
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The annular space between the upper and lower seals and in the unsaturated zone may be back filled with uncontaminated cuttings.
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All wells shall be covered with vented caps and equipped with devices to protect against tampering and damage.
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All wells shall be developed to allow free entry of water, minimize turbidity of the sample, and minimize clogging.
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The transmissivity of the zone surrounding all well screens shall be established by field testing techniques.
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Other sampling methods and well construction techniques may be utilized if they meet the water well construction standards of 77 Ill. Adm. Code 920 or if the Agency has issued a written approval.
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Standards for Sample Collection and Analysis
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- The groundwater monitoring program shall include consistent sampling and analysis procedures to assure that monitoring results can be relied upon to provide data representative of groundwater quality in the zone being monitored.
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The operator shall utilize procedures and techniques to insure that collected samples are representative of the zone being monitored and that prevent cross contamination of samples from other monitoring wells or from other samples. At least 95 percent of a collected sample shall consist of groundwater from the zone being monitored.
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The operator shall establish a quality assurance program that provides quantitative detection limits and the degree of error for analysis of each chemical constituent.
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The operator shall establish a sample preservation and shipment procedure that maintains the reliability of the sample collected for analysis.
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The operator shall institute a chain of custody procedure to prevent tampering and contamination of the collected samples prior to completion of analysis.
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At a minimum, the operator shall sample the following parameters at all wells at the time of sample collection and immediately before filtering and preserving samples for shipment:
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- The elevation of the water table;
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The depth of the well below ground;
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pH;
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The temperature of the sample; and
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Specific conductance.
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- Detection monitoring program: Any use of the term "maximum allowable predicted concentration" or "MAPC" in this Section is a reference to Section 817.414(c), as defined in Section 811.102. The operator shall implement a detection monitoring program in accordance with the following requirements:
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- Monitoring schedule and frequency:
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- The monitoring period shall begin as soon as waste is placed into the unit of a new landfill or within one year after August 1, 1994 for an existing landfill. Monitoring shall continue for a minimum period of fifteen years after closure or, in the case of landfills, other than those used exclusively for disposing waste generated at the site, a minimum of fifteen years after closure. The operator shall sample all monitoring points for all potential sources of contamination on a quarterly basis except as specified in subsection (a)(3) of this Section or may institute more frequent sampling throughout the time the source constitutes a threat to groundwater. For the purposes of this Section, the source shall be considered a threat to groundwater if the results of the monitoring indicate that the concentrations of any of the constituent monitored within the zone of attenuation are above the MAPC for that constituent.
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- Beginning five years after closure of the unit, or five years after all other potential sources of discharge no longer constitute a threat to groundwater, as defined in subsection (a)(1)(A) of this Section, the monitoring frequency may change on a well by well basis to an annual schedule if either of the conditions listed in subsection (a)(1)(B)(i) or (a)(1)(B)(ii) of this Section exist. However, monitoring shall return to a quarterly schedule at any well where a statistically significant increase is determined to have occurred in accordance with Section 817.416(e), in the concentration of any constituent with respect to the previous sample.
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- All constituents monitored within the zone of attenuation have returned to a concentration less than or equal to ten percent of the MAPC; or
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- All constituents monitored within the zone of attenuation are less than or equal to their MAPC for eight consecutive quarters.
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Monitoring shall be continued for a minimum period of five years after closure or, in the case of landfills, other than those used exclusively for disposing waste generated at the site, a minimum period of fifteen years after closure. Monitoring, beyond the minimum period, may be discontinued under the following conditions:
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- No statistically significant increase is detected in the concentration of any constituent above that measured and recorded during the immediately preceding scheduled sampling for three consecutive years, after changing to an annual monitoring frequency; or
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Immediately after contaminated leachate is no longer generated by the unit.
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Criteria for choosing constituents to be monitored:
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- The operator shall monitor each well for constituents that will provide a means for detecting groundwater contamination. Constituents shall be chosen for monitoring if they meet the following requirements:
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- The constituent appears in, or is expected to be in, the leachate; and
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The Board has established a groundwater quality standard at 35 Ill. Adm. Code 620, or the constituent may otherwise cause or contribute to groundwater contamination.
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One or more indicator constituents, representative of the transport processes of constituents in the leachate, may be chosen for monitoring in place of the constituents it represents. The use of such indicator constituents must be included in an Agency approved permit.
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Organic chemicals monitoring:
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- The operator shall monitor each existing well that is being used as part of the monitoring well network at the facility within one year after August 1, 1994, and monitor each new well within three months after its establishment. The monitoring required by this subsection shall be for the organic chemicals listed in Section 817.Appendix A of this Part. The analysis shall be at least as sensitive as the procedures provided at 40 CFR 141.40 (1992), incorporated by reference at 35 Ill. Adm. Code 810.104.
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At least once every two years, the operator shall monitor each well in accordance with subsection (a)(3)(A) of this Section.
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Confirmation of monitored increase:
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- The confirmation procedures of this Section shall be used only if the concentrations of the constituents monitored can be measured at or above the practical quantitation limit (PQL). The PQL is defined as the lowest concentration that can be reliably measured within specified limits of precision and accuracy under routine laboratory operating conditions. The operator shall institute the confirmation procedures of subsection (a)(4)(B) after notifying the Agency in writing, within 10 days, of the following observed increases:
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- The concentration of any constituent monitored in accordance with subsections (a)(1) and (a)(2) of this Section shows a progressive increase over four consecutive quarters;
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The concentration of any constituent exceeds the MAPC at an established monitoring point within the zone of attenuation;
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The concentration of any constituent monitored in accordance with subsection (a)(3) of this Section exceeds the preceding measured concentration at any established monitoring point; and
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The concentration of any constituent monitored at or beyond the zone of attenuation exceeds the applicable groundwater quality standards of Section 817.416.
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The confirmation procedures shall include the following:
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- The operator shall verify any observed increase by taking additional samples within 45 days after the initial observation and ensure that the samples and sampling protocol used will detect any statistically significant increase in the concentration of the suspect constituent in accordance with 35 Ill. Adm. Code 811.320(e), so as to confirm the observed increase. The operator shall notify the Agency of any confirmed increase before the end of the next business day following the confirmation. The verification procedure shall be completed within 90 days after the initial sampling event.
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The operator shall determine the source of any confirmed increase, which may include, but shall not be limited to, natural phenomena, sampling or analysis errors, or an off-site source.
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The operator shall notify the Agency in writing of any confirmed increase and state the source of the confirmed increase and provide the rationale used in such a determination within ten days after the determination.
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Assessment monitoring. The operator shall begin an assessment monitoring program in order to confirm the source of the contamination and to provide information needed to carry out a groundwater impact assessment in accordance with subsection (c) of this Section. The assessment monitoring program shall be conducted in accordance with the following requirements:
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- The assessment monitoring shall be conducted to collect information to assess the nature and extent of groundwater contamination, which shall consist of, but not be limited to, the following steps:
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| |
- More frequent sampling of the wells in which the observation occurred;
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More frequent sampling of any surrounding wells;
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The placement of additional monitoring wells to determine the source and extent of the contamination;
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Monitoring of additional constituents to determine the source and extent of contamination; and
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Any other investigative techniques that will assist in determining the nature and extent of the contamination.
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The operator of the facility for which assessment monitoring is required shall file the plans for an assessment monitoring program with the Agency. If the facility is permitted by the Agency, then the plans shall be filed for review as a significant permit modification pursuant to 35 Ill. Adm. Code 813.Subpart B. The assessment monitoring program shall be implemented within 90 days after confirmation of any monitored increase in accordance with subsection (a)(4) of this Section or, in the case of permitted facilities, within 90 days after the Agency approval. The assessment monitoring program shall be filed with the Agency within 20 days after an observed increase, as defined in Section 817.415(a)(4)(B)(iii).
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If the analysis of the assessment monitoring data shows that the concentration of one or more constituents, monitored at or beyond the zone of attenuation, is above the applicable groundwater quality standards of Section 817.416 and is attributable to the solid waste disposal facility, the operator shall determine the nature and extent of the groundwater contamination, including an assessment of the continued impact on the groundwater should additional waste continue to be accepted at the facility, and shall implement remedial action in accordance with subsection (d) of this Section.
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If the analysis of the assessment monitoring data shows that the concentration of one or more constituents is attributable to the solid waste disposal facility and exceeds the MAPC within the zone of attenuation, then the operator shall conduct a groundwater impact assessment in accordance with the requirements of subsection (c) of this Section.
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Assessment of potential groundwater impact. An operator required to conduct a groundwater impact assessment in accordance with subsection (b)(4) of this Section shall assess the potential impacts outside the zone of attenuation that may result from confirmed increases above the MAPC within the zone of attenuation, attributable to the facility, in order to determine if there is need for remedial action.
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- The operator shall utilize any new information developed since the initial assessment and information from the detection and assessment monitoring programs and such information shall be used to develop a groundwater contaminant transport (GCT) model in accordance with 35 Ill. Adm. Code 811.317(c); and
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The operator shall submit the groundwater impact assessment, GCT modeling and results, and any proposed remedial action plans determined necessary pursuant to subsection (d) to the Agency within 180 days after the start of the assessment monitoring program.
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Remedial action:
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- The operator shall submit plans for the remedial action to the Agency. Such plans and all supporting information including data collected during the assessment monitoring shall be submitted within 90 days after determination after either of the following:
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- The groundwater impact assessment performed in accordance with subsection (c) indicates that remedial action is needed; or
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Any confirmed increase above the applicable groundwater quality standards of Section 817.416 is determined to be attributable to the solid waste disposal facility in accordance with subsection (b).
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If the facility has been issued a permit by the Agency, then the operator shall submit this information as an application for significant modification to the permit.
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The operator shall implement the plan for remedial action within 90 days after the following:
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- Completion of the groundwater impact assessment under subsection (c) that requires remedial action;
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Establishing that a violation of an applicable groundwater quality standard of Section 817.416 is attributable to the solid waste disposal facility in accordance with subsection (b)(3) above; or
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Agency approval of the remedial action plan, where the facility has been permitted by the Agency.
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The remedial action program shall consist of one or a combination of the following solutions to meet the requirements of subsection (d)(5) of this Section in a timely and appropriate manner:
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- Retrofit additional groundwater protective measures within the unit;
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Construct an additional hydraulic barrier, such as a cutoff wall or slurry wall system;
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Pump and treat the contaminated groundwater; or
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Any other Agency approved equivalent technique which will prevent further contamination of groundwater.
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Termination of the remedial action program:
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- The remedial action program shall continue in accordance with the plan until monitoring shows that the concentrations of all monitored constituents are below the MAPC within the zone of attenuation, and below the applicable groundwater quality standards of Section 817.416 at or beyond the zone of attenuation, over a period of 4 consecutive quarters.
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The operator shall submit to the Agency all information collected under subsection (d)(5)(A). If the facility is permitted, the operator shall submit this information as an application for significant modification of the permit.
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- Applicable groundwater quality standards:
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- Groundwater quality shall be maintained at each constituent's applicable groundwater quality standard at or beyond the zone of attenuation. The applicable groundwater quality standard established for any constituent shall be:
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- The Board established standard;
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- The Board established standard adjusted by the Board in accordance with the justification procedure of subsection (b) of this Section; or
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- For those constituents where no Board established standard exists, the background concentration.
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Any statistically significant increase above an applicable groundwater quality standard established pursuant to subsection (a)(1) that is attributable to the facility and which occurs at or beyond the zone of attenuation within 100 years after closure of the last unit accepting waste within such a facility shall constitute a violation.
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For the purposes of this Part:
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- "Background concentration" means that concentration of a constituent that is established as the background in accordance with subsection (d).
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"Board-established standard" is the concentration of a constituent adopted by the Board as a groundwater quality standard under 35 Ill. Adm. Code 620.
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Justification for adjusted groundwater quality standards:
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- An operator may petition the Board for an adjusted groundwater quality standard in accordance with the procedures specified in Section 28.1 of the Act and 35 Ill. Adm. Code 106.410 through 106.416.
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For groundwater which contains naturally occurring constituents which do not meet the standards of 35 Ill. Adm. Code 620, the Board will specify adjusted groundwater quality standards, upon a demonstration by the operator that:
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- The groundwater does not presently serve as a source of drinking water;
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The change in standards will not interfere with, or become injurious to, any present or potential beneficial uses for such waters;
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The change in standards is necessary for economic or social development, by providing information including, but not limited to, the impacts of the standards on the regional economy, social disbenefits such as loss of jobs or closing of landfills, and economic analysis contrasting the health and environmental benefits with costs likely to be incurred in meeting the standards; and
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The groundwater cannot presently, and will not in the future, serve as a source of drinking water because:
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- It is impossible to remove water in usable quantities;
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the groundwater is situated at a depth or location such that recovery of water for drinking purposes is not technologically feasible or economically reasonable;
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The groundwater is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption;
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The total dissolved solids content of the groundwater is more than 3,000 mg/l and the water will not be used to serve a public water supply system; or
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The total dissolved solids content of the groundwater exceeds 10,000 mg/l.
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Determination of the zone of attenuation.
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- The zone of attenuation, within which concentrations of constituents in leachate discharged from the unit may exceed the applicable groundwater quality standard of this Section, is a volume bounded by a vertical plane at the property boundary or 100 feet from the edge of the unit, whichever is less, extending from the ground surface to the bottom of the uppermost aquifer and excluding the volume occupied by the waste.
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Zones of attenuation shall not extend to the annual high water mark of navigable surface waters.
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Overlapping zones of attenuation from units within a single facility may be combined into a single zone for the purposes of establishing a monitoring network.
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Establishment of background concentrations:
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- The initial monitoring to determine background concentrations shall commence during the hydrogeological assessment required by Section 817.411. The background concentrations for those parameters identified in Sections 817.411(e)(1)(G) and 817.415(a)(2) and (a)(3) shall be established based on quarterly sampling of wells for one year, monitored in accordance with the requirements of subsections (d)(2), (d)(3), and (d)(4) of this Section, which may be adjusted during the operation of a facility. Statistical tests and procedures shall be employed, in accordance with subsection (e) below, depending on the number, type and frequency of samples collected from the wells, to establish the background concentrations. Adjustments to the background concentrations shall be made only if changes in the concentrations of constituents observed in upgradient wells over time are determined, in accordance with subsection (d)(3) below, to be statistically significant. Background concentrations determined in accordance with this subsection shall be used for the purposes of establishing groundwater quality standards, in accordance with subsection (a) above. The operator shall prepare a list of background concentrations established in accordance with this subsection. The operator shall maintain such a list at the facility, shall submit a copy of the list to the Agency for establishing standards in accordance with subsection (a), and shall provide updates to the list within ten days after any change to the list.
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A network of monitoring wells shall be established upgradient from the unit, with respect to groundwater flow, in accordance with the following standards, in order to determine the background concentrations of constituents in the groundwater:
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- The wells shall be located at such a distance that discharges of contaminants from the unit will not be detectable but will be representative of groundwater immediately upgradient of the unit;
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The wells shall be sampled at the same frequency as other monitoring points to provide continuous background concentration data, throughout the monitoring period; and
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The wells shall be located at several depths to provide data on the spatial variability.
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A determination of background concentrations may include the sampling of wells that are not hydraulically upgradient of the waste unit where:
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- Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient of the waste; and
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Sampling at other wells will provide an indication of background concentrations that is representative of that which would have been provided by upgradient wells.
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If background concentrations cannot be determined on site, then alternative background concentrations may be determined from actual monitoring data from the aquifer of concern, obtained from sample points located as close as is reasonably possible to the site.
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Statistical analysis of groundwater monitoring data:
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- Statistical tests shall be used to analyze groundwater monitoring data. One or more of the normal theory statistical tests listed in subsection (e)(4) below shall be chosen first for analyzing the data set or transformation of the data set. Where such normal theory tests are demonstrated to be inappropriate, tests listed in subsection (e)(5) or a test in accordance with subsection (e)(6) shall be used. For any statistical test chosen from subsections (e)(4) or (e)(5), the level of significance (Type 1 error level) shall be no less than 0.01, for individual well comparisons, and no less than 0.05, for multiple well comparisons. The statistical analysis shall include, but not be limited to, the accounting of data below, the detection limit of the analytical method used, the establishment of background concentrations and the determination of whether statistically significant changes have occurred in:
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- The concentration of any chemical constituent with respect to the background concentration or MAPC; and
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The established background concentration of any chemical constituents over time.
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The statistical test or tests used shall be based upon the sampling and collection protocol of Sections 817.414 and 817.415.
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Monitored data that are below the level of detection shall be reported as not detected (ND). The level of detection for each constituent shall be the minimum concentration of that constituent which can be measured and reported with 99 percent confidence that the true value is greater than zero, which is defined as the method detection limit (MDL). The following procedures shall be used to analyze such data, unless an alternative procedure in accordance with subsection (e)(6) is shown to be applicable:
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- Where the percentage of nondetects in the data base used is less than 15 percent, the operator shall replace NDs with the MDL divided by two, then proceed with the use of one or more of the Normal Theory statistical tests listed in subsection (e)(4);
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Where the percentage of nondetects in the data base or data transformations used is between 15 and 50 percent, and the data are normally distributed, the operator shall use Cohen's adjustment to the sample mean and standard deviation, followed by one or more of the tests listed in subsection (e)(4)(C) of this Section. However, where data are not normally distributed, the operator shall use an applicable nonparametric test from subsection (e)(5);
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Where the percentage of nondetects in the data base used is above 50 percent, then the owner or operator shall use the test of proportions listed in subsection (e)(4).
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Normal theory statistical tests:
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- Student t-test including, but not limited to, Cochran's Approximation to the Behren-Fisher (CABF) t-test and Averaged Replicate (AR) t-test.
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Parametric analysis of variance (ANOVA) followed by one or more of the multiple comparison procedures including, but not limited to, Fisher's Least Significant Difference (LSD), Student Newman-Kuel procedure, Duncan's New Multiple Range Test and Tukey's W procedure.
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Control Charts, Prediction Intervals and Tolerance Intervals, for which the type I error levels shall be specified by the Agency in accordance with the requirements of 35 Ill. Adm. Code 724.197(i).
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Nonparametric statistical tests shall include: Mann-Whitney U-test, Kruskal-Wallis test, a nonparametric analysis of variance (ANOVA) for multiple comparisons or the Wilcoxon Rank Sum test.
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Any other statistical test based on the distribution of the sampling data may be used, if it is demonstrated to meet the requirements of 35 Ill. Adm. Code 724.197(i).
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