ILLINOIS POLLUTION CONTROL BOARD
August 15, 1996
IN THE MATTER OF:
)
)
PROPOSED ALTERNATIVE STANDARDS
)
R96-1
FOR COAL COMBUSTION POWER
)
(Rulemaking - Land)
GENERATING FACILITIES
1
WASTE
)
LANDFILLS; 35 Ill. Adm. Code Part 816
)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by J. Yi):
Pursuant to Section 28(a) of the Environmental Protection Act (Act) (415 ILCS 5/28(a)), we
opened this rulemaking docket on the Board's own motion and adopted a First Notice opinion and
order on September 21, 1995 and a Second Notice opinion and order on June 20, 1996. The purpose
of this docket is to consider amendments to 35 Ill. Adm. Code Parts 807, 810 and 811, Standards for
New Solid Waste Landfills, and to propose new Part 816, which would codify a process to allow the
use of Poz-O-Tec
2
materials as an alternative means of satisfying the liner and cap requirements for
certain chemical waste landfills. Poz-O-Tec materials are produced through a patented stabilization
process utilizing flue gas desulfurization (FGD) sludges and ash produced by coal burning power
generation facilities. The proposed rule and amendments would allow owners of chemical waste
landfills accepting only FGD sludges and coal combustion wastes to use Poz-O-Tec as a liner and cap
material, or alternatively, would allow the monofilling of Poz-O-Tec materials for such landfills in place
of using a liner and cap.
Today’s action adopts, for Final Order, rules as amended in response to the Joint Committee
on Administrative Rules (JCAR). JCAR voted no objection to the rules based on the agreements made
on July 23, 1996.
PROCEDURAL BACKGROUND
The proposed rules mirror adjusted standards granted to Conversion Systems, Inc. (CSI) Poz-
O-Tec process and materials in dockets AS 93-4 and AS 93-5 on July 7, 1995. (In the Matter of:
1
The Board has changed the caption of the rulemaking in response to public comments received
after we adopted the rulemaking for First Notice on September 21, 1995.
2
The Poz-O-Tec material, process and name are a registered trademark.
2
Adjusted Standard for Conversion Systems' Poz-O-Tec Liners and Caps, 35 Ill. Adm Code 811
(Liner), (July 7, 1995), AS 93-4 and In the Matter of: Adjusted Standard for Conversion Systems'
Poz-O-Tec Monofills, 35 Ill. Adm Code 811 (Monofill), (July 7, 1995), AS 93-5.) While the Board
granted CSI the relief requested in those two dockets, the accompanying Board opinions expressed our
concern that the adjusted standards impose requirements upon entities or persons using the Poz-O-Tec
process who were not parties to the adjusted standard proceeding. Therefore, the Board opened this
docket to allow affected entities and members of the public an opportunity to consider and comment on
the use of Poz-O-Tec as an alternative to Part 811 at those landfills accepting only FGD sludges and
coal combustion wastes. In addition, opening this docket was intended to allow for the final adoption of
rules to be codified in the Administrative Code, thereby increasing their availability to the public and
allowing the Board to consider amendments or modification as may be necessary at a future date
through the rulemaking process.
The rulemaking proposal in the order accompanying this opinion consists of the language
adopted as adjusted standards in AS 93-4 and AS 93-5 with minor modifications to create a regulation
instead of an adjusted standard. Both CSI and the Environmental Protection Agency (Agency)
supported the Board's adoption of this language in those two dockets. On September 21, 1995, the
Board incorporated by reference the records in AS 93-4 and AS 93-5, as well as AS 92-9, which was
incorporated by reference into those two proceedings. Based on the information contained in those
dockets, the Board found that the grant of adjusted standards was technically justified. The Board is
proposing that this language be codified in a new Part 816, entitled "ALTERNATIVE STANDARDS
FOR NEW UTILITY WASTE LANDFILLS", at a new Subpart A at Section 816.500 et seq.
The Board held two hearings in this matter, the first on December 18, 1995, in Springfield and
the second on March 8, 1996 in Chicago.
3
At the Springfield hearing no members of the public were in
attendance and the only participants were employees of the Agency. (Dec. Tr. at 2-3.) The Agency
read a short statement into the record which outlined its support of the proposed rulemaking but
reserved its right to submit further pleadings or testimony in the event of any substantive changes to the
proposed rulemaking. (Dec. Tr. at 4.) At the March hearing no members of the public attended.
However, in addition to Agency personal, Mr. Hilton from CSI and Mr. Cunningham representing CSI
were present at the hearing. (Mar. Tr. at 2.) At this hearing Mr. Hilton gave testimony in support of the
proposed rule and certain suggested revisions as designated in CSI Exhibit #1. (Mar. Tr. at 6-17.)
The Board received no public comments during the course of this rulemaking outside of the
comments made at hearing by CSI.
THE POZ-O-TEC PROCESS
3
The transcripts for those hearings will be referred to as “Dec. Tr. at .” and “Mar. Tr. at .”
3
The proposed rules would codify a process which would allow a facility which has decided to
utilize the Poz-O-Tec process two disposal options: monofilling or constructing a liner and cap of Poz-
O-Tec materials. Should such facilities choose to use the Poz-O-Tec process, decisions as to which
option to use would be dependent upon the ratio of flyash and sludge in the waste stream. In the record
incorporated herein, CSI asserts that most facilities will be able to consistently produce high quality Poz-
O-Tec materials with a permeability less than or equal to 1 x 10
-7
cm/sec. (Pet. at 8.) These materials
could be disposed of in a monofill.
For a facility choosing to use the monofill option, the Poz-O-Tec material would initially be
stockpiled upon production, where it would begin to cure and form a cementitious material. It would
then be placed upon, or adjacent to, Poz-O-Tec materials already in the landfill. The material would be
spread in lifts, rolled to smooth, compacted, and graded so that rainfall would run off without puddling.
No liner, cap, or leachate collection system would be required, since the Poz-O-Tec materials are
impermeable and do not allow for leachate permeation. Additionally, intermediate cover would not be
required between lifts, since newly-applied Poz-O-Tec materials will form bonds with the previously-
landfilled material, forming a monolithic mass.
However, some facilities will not generate sufficient fly ash to consistently produce materials with
a permeability less than or equal to 1 x 10
-7
cm/sec. (Pet. at 8.) Such a facility may, therefore, choose
to produce a sufficient quantity of Poz-O-Tec materials to construct a liner and cap meeting the 1 x 10
-7
cm/sec. standard. This would be accomplished by storing fly ash until an adequate supply is available to
produce high quality Poz-O-Tec materials. (Pet. at 8.) According to the proposed rules, the landfill
would then be constructed and operated in accordance with the chemical waste landfill rules, 35 Ill.
Adm. Code Parts 811, 812 and 815.
The proposed regulations set forth criteria to allow a facility to use a Poz-O-Tec liner which is
at least five feet thick, which has a permeability of 1 x 10
-7
cm/sec. or less, and an unconfined
compressive strength of 150 psi or greater. The permeability and unconfined compressive strength must
be verified through the construction and field testing of a test pad. The landfill must receive for disposal
only FGD sludges and coal combustion wastes, and must be constructed at least five feet above the
water table. The cap could be constructed of the same material as the liner, and must be at least three
feet thick. The site owner would be required to do site-specific contaminant modeling, groundwater
modeling and assessment and remedial action.
PROPOSED FINAL RULE
The proposed final rule as it appeared at Second Notice remains relatively the same. This
portion of the opinion will discuss the agreed to changes between the Board and JCAR.
4
All of the
4
JCAR reviews the Board order after Second Notice and often makes requests of the Board to
make certain changes to the rulemaking. The Board has the option to accept or to not accept those
requests. Since all the requested changes were non-substantive we accepted those changes.
4
JCAR changes were non-substantive with most of the changes concerning grammar and citation. The
following is a list of some of the more extensive non-substantive changes.
Section 810.103 [Definitions]
JCAR requested the following changes be made during the Second Notice period.
1.
Delete “utilize a lime or limestone scrubber system which” and add “and which utilize a
lime or limestone scrubber system” after “coal” so that the definition now reads:
“Coal combustion power generating facilities” means establishments which generate
electricity by combusting coal and which utilize a lime or limestone scrubber system.
2.
Add “and” in the definition of “Geotextiles” after “drains,” and before “collecting and”.
3.
In the definition of “Lateral expansion” after “October 9, 1993.” delete “For the
purposes of this Section” and start the sentence with “A horizontal”.
4.
In the definition of “Malodor” replace “or to unreasonably interfere” with “or may
unreasonably interfere”.
5.
In the definition of “Significant Modification” change the definition to be:
"Significant Modification" means a modification to an approved permit issued by
the Agency in accordance with Section 39 of the Act and 35 Ill. Adm. Code
813 that is required when one or more of the following changes, (considered
significant when that change is measured by one or more parameters whose
values lie outside the expected operating range of values as specified in the
permit,) are planned, occur or will occur
6.
In the definition of “Waste pile” add “of” between “disposed” and “elsewhere” in the
last sentence.
7.
In the definition of “Working face” end the definition with “of”.
Section 810.104[Incorporations]
1.
Change the Source Note to include the Illinois Register reference.
Section 816.510(c)
1.
Change “subsection (c) of Section 816.530” to “Section 816.530(c) of this Part”.
5
In addition to these changes the Board, in response to JCAR, included definitions of “Dead
animal disposal site” and “NPDES permit” in Part 810 which were adopted by the Board in R 95-9.
ORDER
The Board hereby proposes the following regulations for Final Adoption pursuant to the IAPA. The
Board directs the Clerk to submit the following amendments to the Secretary of State.
6
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
PART 807
SOLID WASTE
SUBPART A: GENERAL PROVISIONS
Section
807.101
Authority, Policy and Purposes
807.102
Repeals
807.103
Severability
807.104
Definitions
807.105
Relation to Other Rules
SUBPART B: SOLID WASTE PERMITS
Section
807.201
Development Permits
807.202
Operating Permits
807.203
Experimental Permits
807.204
Former Authorization
807.205
Applications for Permit
807.206
Permit Conditions
807.207
Standards for Issuance
807.208
Permit No Defense
807.209
Permit Revision
807.210
Supplemental Permits
807.211
Transfer of Permits
807.212
Permit Revocation
807.213
Design, Operation and Maintenance Criteria
807.214
Revised Cost Estimates
SUBPART C: SANITARY LANDFILLS
Section
807.301
Prohibition
807.302
Compliance with Permit
807.303
Methods of Operation
807.304
Equipment, Personnel and Supervision
807.305
Cover
7
807.306
Litter
807.307
Salvaging
807.308
Scavenging
807.309
Animal Feeding
807.310
Special Wastes
807.311
Open Burning
807.312
Air Pollution
807.313
Water Pollution
807.314
Standard Requirements
807.315
Protection of Waters of the State
807.316
Application
807.317
Operating Records
807.318
Completion or Closure Requirements
SUBPART E: CLOSURE AND POST-CLOSURE CARE
Section
807.501
Purpose, Scope and Applicability
807.502
Closure Performance Standard
807.503
Closure Plan
807.504
Amendment of Closure Plan
807.505
Notice of Closure and Final Amendment to Plan
807.506
Initiation of Closure
807.507
Partial Closure
807.508
Certification of Closure
807.509
Use of Waste Following Closure
807.523
Post-closure Care Plan
807.524
Implementation and Completion of Post-closure Care Plan
SUBPART F: FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE
Section
807.600
Purpose, Scope and Applicability
807.601
Requirement to Obtain Financial Assurance
807.602
Time for Submission of Financial Assurance
807.603
Upgrading Financial Assurance
807.604
Release of Financial Institution
807.605
Application of Proceeds and Appeal
807.606
Release of the Operator
807.620
Current Cost Estimate
807.621
Cost Estimate for Closure
807.622
Cost Estimate for Post-closure Care
807.623
Biennial Revision of Cost Estimate
8
807.624
Interim Formula for Cost Estimate
807.640
Mechanisms for Financial Assurance
807.641
Use of Multiple Financial Mechanisms
807.642
Use of Financial Mechanism for Multiple Sites
807.643
Trust Fund for Unrelated Sites
807.644
RCRA Financial Assurance
807.661
Trust Fund
807.662
Surety Bond Guaranteeing Payment
807.663
Surety Bond Guaranteeing Performance
807.664
Letter of Credit
807.665
Closure Insurance
807.666
Self-insurance for Non-commercial Sites
807.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Post-closure Care
Illustration G
Operator's Bond Without Surety
Illustration H
Operator's Bond With Parent Surety
Illustration I
Letter from Chief Financial Officer
807.Appendix B Old Rule Numbers Referenced
AUTHORITY: Implementing Sections 5, 21.1 and 22 and authorized by Section 27 of the
Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021.1, 1022 and 1027
[415 ILCS 5/5, 21.1, 22, and 27]).
SOURCE: Adopted as an emergency rule and filed with the Secretary of State July 27, 1973;
amended at 2 Ill. Reg. 16, p. 3, effective April 10, 1978; codified at 7 Ill. Reg. 13636; recodified from
Subchapter h to Subchapter i at 8 Ill. Reg. 13198; emergency amendment in R84-22A at 9 Ill. Reg.
741, effective January 3, 1985, for a maximum of 150 days; amended in R84-22B at 9 Ill. Reg. 6722,
effective April 29, 1985; amended in R84-22C at 9 Ill. Reg. 18942, effective November 25, 1985;
amended in R84-45 at 12 Ill. Reg. 15566, effective September 14, 1988; amended in R88-7 at 14 Ill.
Reg. 15832, effective September 18, 1990; emergency amendment in R93-25 at 17 Ill. Reg. 17268,
effective September 24, 1993, for a maximum of 150 days; amended in R90-26 at 18 Ill. Reg. 12451,
effective August 1, 1994; amended in R96-1 at Ill. Reg. , effective .
NOTE: Capitalization denotes statutory language.
SUBPART A: GENERAL PROVISIONS
9
Section 807.105
Relation to Other Rules
a)
Persons and facilities regulated pursuant to 35 Ill. Adm. Code 700 through 749 are not
subject to the requirements of this Part or of 35 Ill. Adm. Code 811 through 815 and
817. However, if such a facility also contains one or more units used solely for the
disposal of solid wastes, as defined in 35 Ill. Adm. Code 810.103, such units are
subject to requirements of this Part and 35 Ill. Adm. Code 811 through 815 and 817.
b)
Persons and facilities subject to 35 Ill. Adm. Code 807, 809 or 811 through 815 or
817 may be subject to other applicable Parts of 35 Ill. Adm. Code: Chapter I based
on the language of those other Parts. Specific examples of such applicability are
provided as explained at 35 Ill. Adm. Code 700.102.
c)
The requirements of 35 Ill. Adm. Code 810 through 815 and 817 are intended to
supersede the requirements of this Part. Persons and facilities regulated pursuant to 35
Ill. Adm. Code 810 through 815 and 817 are not subject to the requirements of this
Part. This Part does not apply to new units as defined in 35 Ill. Adm. Code 810.103.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
10
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
PART 810
SOLID WASTE DISPOSAL: GENERAL PROVISIONS
Section
810.101
Scope and Applicability
810.102
Severability
810.103
Definitions
810.104
Incorporations by Reference
AUTHORITY: Implementing Sections 5, 21, 21.1, 22 and ,22.17 and 28.1 and authorized by Section
27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021, 1021.1,
1022, 1022.17 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27].
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15838, effective September 18, 1990; amended in R93-
10 at 18 Ill. Reg. 1268, effective January 13, 1994; amended in R90-26 at 18 Ill. Reg. 12457, effective
August 1, 1994; amended in R95-9 at 19 Ill. Reg. 14427, effective September 29, 1995; amended in
R96-1 at Ill. Reg. , effective .
NOTE: Capitalization indicates statutory language.
Section 810.101
Scope and Applicability
This Part applies to all solid waste disposal facilities regulated pursuant to 35 Ill. Adm. Code 811
through 815 and 817. This Part does not apply to hazardous waste management facilities regulated
pursuant to 35 Ill. Adm. Code 700 through 750.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
Section 810.102
Severability
If any provision of this Part or of 35 Ill. Adm. Code 811 through 8157 or its application to any person
or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of this Part
or of 35 Ill. Adm. Code 811 through 8157 as a whole or of any portion not adjudged invalid.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
11
Section 810.103
Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear from the
context, the definition of words or terms in this Part shall be the same as that applied to the same words
or terms in the Environmental Protection Act (Act) (Ill. Rev. Stat. 1991, ch. 111½, pars. 1001 et. seq.)
[415 ILCS 5 et. seq]:
"Act" means the Environmental Protection Act, Ill. Rev. Stat. 1991, ch. 111½, pars.
1001 et. seq [415 ILCS 5].
"AGENCY" IS THE ENVIRONMENTAL PROTECTION AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT. (Section
3.08 of the Act.)
"Admixtures" are chemicals added to earth materials to improve for a specific
application the physical or chemical properties of the earth materials. Admixtures
include, but are not limited to: lime, cement, bentonite and sodium silicate.
"AGENCY" IS THE ENVIRONMENTAL PROTECTION AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT. (Section
3.08 of the Act)
"Applicant" means the person, submitting an application to the Agency for a permit for a
solid waste disposal facility.
"AQUIFER" MEANS SATURATED (WITH GROUNDWATER) SOILS AND
GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO
READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER TO
WELLS, SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC
GRADIENTS and whose boundaries can be identified and mapped from hydrogeologic
data. (Section 3 of the Illinois Groundwater Protection Act (Ill. Rev. Stat. 1989, ch.
111 1/2, par. 7453) [415 ILCS 55/3].)
"Bedrock" means the solid rock formation immediately underlying any loose superficial
material such as soil, alluvium or glacial drift.
"Beneficially usable waste" means any solid waste from the steel and foundry industries
that will not decompose biologically, burn, serve as food for vectors, form a gas, cause
an odor, or form a leachate that contains constituents that exceed the limits for this type
of waste as specified at 35 Ill. Adm. Code 817.106.
12
"BOARD" IS THE POLLUTION CONTROL BOARD ESTABLISHED BY THE
ACT. (Section 3.04 of the Act.)
"Borrow area" means an area from which earthen material is excavated for the purpose
of constructing daily cover, final cover, a liner, a gas venting system, roadways or
berms.
"Chemical waste" means a non-putrescible solid whose characteristics are such that any
contaminated leachate is expected to be formed through chemical or physical
processes, rather than biological processes, and no gas is expected to be formed as a
result.
"Coal combustion power generating facilities" means establishments which generate
electricity by combusting coal and which utilize a lime or limestone scrubber system.
"Contaminated leachate" means any leachate whose constituent violate the standards of
35 Ill. Adm. Code 811.202.
“Dead animal disposal site” means an on-the-farm disposal site at which the burial of
dead animals is done in accordance with the Illinois Dead Animal Act, 225 ILCS 610,
and regulations adopted pursuant thereto, 8 Ill. Adm. Code 90.
"Design Period" means that length of time determined by the sum of the operating life of
the solid waste landfill facility plus the postclosure care period necessary to stabilize the
waste in the units.
"DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION, DUMPING,
SPILLING, LEAKING OR PLACING OF ANY SOLID WASTE INTO OR ON
ANY LAND OR WATER OR INTO ANY WELL SUCH THAT SOLID WASTE
OR ANY CONSTITUENT OF THE SOLID WASTE MAY ENTER THE
ENVIRONMENT BY BEING EMITTED INTO THE AIR OR DISCHARGED
INTO ANY WATERS, INCLUDING GROUNDWATER. (Section 3.08 of the
Act.) If the solid waste is accumulated and not confined or contained to prevent its
entry into the environment, or there is no certain plan for its disposal elsewhere, such
accumulation shall constitute disposal.
"Disturbed areas" means those areas within a facility that have been physically altered
during waste disposal operations or during the construction of any part of the facility.
"Documentation" means items, in any tangible form, whether directly legible or legible
with the aid of any machine or device, including but not limited to affidavits, certificates,
deeds, leases, contracts or other binding agreements, licenses, permits, photographs,
audio or video recordings, maps, geographic surveys, chemical and mathematical
13
formulas or equations, mathematical and statistical calculations and assumptions,
research papers, technical reports, technical designs and design drawings, stocks,
bonds and financial records, that are used to support facts or hypotheses.
"Earth liners" means structures constructed from naturally occurring soil material that has
been compacted to achieve a low permeability.
"Existing facility" or "Existing unit" means a facility or unit which is not defined in this
Section as a new facility or a new unit.
"EXISTING MSWLF UNIT" MEANS ANY MUNICIPAL SOLID WASTE
LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE BEFORE
OCTOBER 9, 1993. (Section 3.87 of the Act)
"Facility" means a site and all equipment and fixtures on a site used to treat, store or
dispose of solid or special wastes. A facility consists of an entire solid or special waste
treatment, storage or disposal operation. All structures used in connection with or to
facilitate the waste disposal operation shall be considered a part of the facility. A facility
may include, but is not limited to, one or more solid waste disposal units, buildings,
treatment systems, processing and storage operations, and monitoring stations.
"Field capacity" means that maximum moisture content of a waste, under field conditions
of temperature and pressure, above which moisture is released by gravity drainage.
"Foundry sand" means pure sand or a mixture of sand and any additives necessary for
use of the sand in the foundry process, but does not include such foundry process by-
products as air pollution control dust or refractories.
"Gas collection system" means a system of wells, trenches, pipes and other related
ancillary structures such as manholes, compressor housing, and monitoring installations
that collects and transports the gas produced in a putrescible waste disposal unit to one
or more gas processing points. The flow of gas through such a system may be pro-
duced by naturally occurring gas pressure gradients or may be aided by an induced
draft generated by mechanical means.
"Gas condensate" means the liquid formed as a landfill gas is cooled or compressed.
"Gas venting system" means a system of wells, trenches, pipes and other related
structures that vents the gas produced in a putrescible waste disposal unit to the atmo-
sphere.
"Geomembranes" means manufactured membrane liners and barriers of low
permeability used to control the migration of fluids or gases.
14
"Geotextiles" are permeable manufactured materials used for purposes which include,
but are not limited to, strengthening soil, providing a filter to prevent clogging of drains,
and collecting and draining liquids and gases beneath the ground surface.
"GROUNDWATER" MEANS UNDERGROUND WATER WHICH OCCURS
WITHIN THE SATURATED ZONE AND WITHIN GEOLOGIC MATERIALS
WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO OR
GREATER THAN ATMOSPHERIC PRESSURE. (Section 3 of the Illinois
Groundwater Protection Act)
"HOUSEHOLD WASTE" MEANS ANY SOLID WASTE (INCLUDING
GARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS) DERIVED
FROM HOUSEHOLDS (INCLUDING SINGLE AND MULTIPLE RESIDENCES,
HOTELS AND MOTELS, BUNKHOUSES, RANGER STATIONS, CREW
QUARTERS, CAMPGROUNDS, PICNIC GROUNDS, AND DAY-USE
RECREATION AREAS). (Section 3.89 of the Act)
"Hydraulic barriers" means structures designed to prevent or control the seepage of
water. Hydraulic barriers include, but are not limited to, cutoff walls, slurry walls, grout
curtains and liners.
"Inert waste" means any solid waste that will not decompose biologically, burn, serve as
food for vectors, form a gas, cause an odor, or form a contaminated leachate, as
determined in accordance with Section 35 Ill. Adm. Code 811.202(b). Such inert
wastes shall include only non-biodegradable and non-putrescible solid wastes. Inert
wastes may include, but are not limited to, bricks, masonry and concrete (cured for 60
days or more).
"Iron slag" means slag.
"Land application unit" means an area where wastes are agronomically spread over or
disked into land or otherwise applied so as to become incorporated into the soil
surface. For the purposes of this Part and 35 Ill. Adm. Code 811 through 815, a land
application unit is not a landfill; however, other Parts of 35 Ill. Adm. Code: Chapter I
may apply, and may include the permitting requirements of 35 Ill. Adm. Code 309.
"Landfill" means a unit or part of a facility in or on which waste is placed and
accumulated over time for disposal, and which is not a land application unit, a surface
impoundment or an underground injection well. For the purposes of this Part and 35 Ill.
Adm. Code 811 through 815, landfills include waste piles, as defined in this Section.
15
"LATERAL EXPANSION" MEANS A HORIZONTAL EXPANSION OF THE
ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT
OCCURRING ON OR AFTER OCTOBER 9, 1993. FOR PURPOSES OF THIS
SECTION, A HORIZONTAL EXPANSION IS ANY AREA WHERE SOLID
WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON THE BOTTOM
LINER OF THE UNIT, EXCLUDING SIDE SLOPES ON OR AFTER OCTOBER
9, 1993. (Section 3.88 Of the Act)
"Leachate" means liquid that has been or is in direct contact with a solid waste.
"Lift" means an accumulation of waste which is compacted into a unit and over which
cover is placed.
"Low risk waste" means any solid waste from the steel and foundry industries that will
not decompose biologically, burn, serve as food for vectors, form a gas, cause an odor,
or form a leachate that contains constituents that exceed the limits for this type of waste
as specified at 35 Ill. Adm. Code 817.106.
"Malodor" means an odor caused by ONE OR MORE CONTAMINANT
EMISSIONS INTO THE ATMOSPHERE FROM A FACILITY THAT IS IN
SUFFICIENT QUANTITIES AND OF SUCH CHARACTERISTICS AND
DURATION AS TO BE described as malodorous and which may be INJURIOUS
TO HUMAN, PLANT, OR ANIMAL LIFE, TO HEALTH, OR TO PROPERTY,
OR TO may UNREASONABLY INTERFERE WITH THE ENJOYMENT OF
LIFE OR PROPERTY. (Section 3.02 of the Act (defining "air pollution").)
"MUNICIPAL SOLID WASTE LANDFILL UNIT" OR "MSWLF UNIT" MEANS
A CONTIGUOUS AREA OF LAND OR AN EXCAVATION THAT RECEIVES
HOUSEHOLD WASTE, AND THAT IS NOT A LAND APPLICATION,
SURFACE IMPOUNDMENT, INJECTION WELL, OR ANY PILE OF
NONCONTAINERIZED ACCUMULATIONS OF SOLID, NONFLOWING
WASTE THAT IS USED FOR TREATMENT OR STORAGE. A MSWLF UNIT
MAY ALSO RECEIVE OTHER TYPES OF RCRA SUBTITLE D WASTES,
SUCH AS COMMERCIAL SOLID WASTE, NONHAZARDOUS SLUDGE,
SMALL QUANTITY GENERATOR WASTE AND INDUSTRIAL SOLID
WASTE. SUCH A LANDFILL MAY BE PUBLICLY OR PRIVATELY OWNED
OR OPERATED. A MSWLF UNIT MAY BE A NEW MSWLF UNIT, AN
EXISTING MSWLF UNIT OR A LATERAL EXPANSION. A SANITARY
LANDFILL IS SUBJECT TO REGULATION AS A MSWLF IF IT RECEIVES
HOUSEHOLD WASTE. (Section 3.85 of the Act)
"National Pollutant Discharge Elimination System" or "NPDES" means the program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
16
and imposing and enforcing pretreatment requirements under the Clean Water Act (33
U.S.C. 1251 et seq.), Section 12(f) of the Environmental Protection Act and 35 Ill.
Adm. Code 309.Subpart A and 310. "NPDES permit" means a permit issued under
the NPDES program.
“NPDES permit” means a permit issued under the NPDES program
"New facility" or "New unit" means a solid waste landfill facility or a unit at a facility, if
one or more of the following conditions apply:
It is a landfill or unit exempt from permit requirements pursuant to Section 21(d)
of the Act that has not yet accepted any waste as of September 18, 1990;
It is a landfill or unit not exempt from permit requirements pursuant to Section
21(d) of the Act that has no development or operating permit issued by the
Agency pursuant to 35 Ill. Adm. Code 807 as of September 18, 1990; or
It is a landfill with a unit whose maximum design capacity or lateral extent is
increased after September 18, 1990.
BOARD NOTE: A new unit located in an existing facility shall be considered a unit
subject to 35 Ill. Adm. Code 814, which references applicable requirements of 35 Ill.
Adm. Code 811.
"NEW MSWLF UNIT" MEANS ANY MUNICIPAL SOLID WASTE LANDFILL
UNIT THAT HAS RECEIVED HOUSEHOLD WASTE ON OR AFTER
OCTOBER 9, 1993 FOR THE FIRST TIME. (Section 3.86 of the Act)
"One hundred (100) year flood plain" means any land area which is subject to a one
percent or greater chance of flooding in a given year from any source.
"One hundred (100) year, 24 hour precipitation event" means a precipitation event of
24 hour duration with a probable recurrence interval of once in 100 years.
"Operator" means the person responsible for the operation and maintenance of a solid
waste disposal facility.
"Owner" means a person who has an interest, directly or indirectly, in land, including a
leasehold interest, on which a person operates and maintains a solid waste disposal
facility. The "owner" is the "operator" if there is no other person who is operating and
maintaining a solid waste disposal facility.
17
"Perched watertable " means an elevated watertable above a discontinuous saturated
lens, resting on a low permeability (such as clay) layer within a high permeability (such
as sand) formation.
"Permit area" means the entire horizontal and vertical region occupied by a permitted
solid waste disposal facility.
"PERSON" IS ANY INDIVIDUAL, PARTNERSHIP, CO-PARTNERSHIP, FIRM,
COMPANY, CORPORATION, ASSOCIATION, JOINT STOCK COMPANY,
TRUST, ESTATE, POLITICAL SUBDIVISION, STATE AGENCY, OR ANY
OTHER LEGAL ENTITY, OR THEIR LEGAL REPRESENTATIVE, AGENT OR
ASSIGNS. (Section 3.26 of the Act.)
"Potentially usable waste" means any solid waste from the steel and foundry industries
that will not decompose biologically, burn, serve as food for vectors, form a gas, cause
an odor, or form a leachate that contains constituents that exceed the limits for this type
of waste as specified at 35 Ill. Adm. Code 817.106.
"Poz-O-Tec materials" means materials produced by a stabilization process patented
by Conversion Systems, Inc. utilizing flue gas desulfurization (FGD) sludges and ash
produced by coal combustion power generation facilities as raw materials.
"Poz-O-Tec monofill" means a landfill in which solely Poz-O-Tec materials are placed
for disposal.
"Professional engineer" means a person who has registered and obtained a seal pursuant
to "The Illinois Professional Engineering Practice Act of 1989" (Ill. Rev. Stat 1989, ch.
111, par. 5101 et seq.) [225 ILCS 325/1 set seq].
"Professional land surveyor" means a person who has received a certificate of
registration and a seal pursuant to "Illinois Professional The Land Surveyors Act of
1989" (Ill. Rev. Stat. 1989, ch. 111, par. 3201 et seq.) [225 ILCS 330/1 et seq].
"Putrescible waste" means a solid waste that contains organic matter capable of being
decomposed by microorganisms so as to cause a malodor, gases, or other offensive
conditions, or which is capable of providing food for birds and vectors. Putrescible
wastes may form a contaminated leachate from microbiological degradation, chemical
processes, and physical processes. Putrescible waste includes, but is not limited to,
garbage, offal, dead animals, general household waste, and commercial waste. All solid
wastes which do not meet the definitions of inert or chemical wastes shall be considered
putrescible wastes.
18
"Publicly owned treatment works" or "POTW" means a treatment works that is owned
by the State of Illinois or a unit of local government. This definition includes any devices
and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastewater. It also includes sewers, pipes and other conveyances
only if they convey wastewater to a POTW treatment plant. The term also means the
unit of local government which has jurisdiction over the indirect discharges to and the
discharges from such a treatment works.
"RESOURCE CONSERVATION RECOVERY ACT" or "RCRA" MEANS THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L. 94-580
Codified as 42 USC. §§ 6901 et seq.) AS AMENDED. (Section 3.90 of the Act)
"Recharge zone" means an area through which water can enter an aquifer.
"RESOURCE CONSERVATION RECOVERY ACT" or "RCRA" MEANS THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L. 94-580
Codified as 42 USC. §§ 6901 et seq.) AS AMENDED. (Section 3.90 of the Act)
"Responsible charge," when used to refer to a person, means that the person is normally
present at a waste disposal site; directs the day-to-day overall operation at the site; and
either is the owner or operator or is employed by or under contract with the owner or
operator to assure that the day-to-day operations at the site are carried out in
compliance with any Part of 35 Ill. Adm. Code: Chapter I governing operations at
waste disposal sites.
"Runoff" means water resulting from precipitation that flows overland before it enters a
defined stream channel, any portion of such overland flow that infiltrates into the ground
before it reaches the stream channel, and any precipitation that falls directly into a
stream channel.
"Salvaging" means the return of waste materials to use, under the supervision of the
landfill operator, so long as the activity is confined to an area remote from the operating
face of the landfill, it does not interfere with or otherwise delay the operations of the
landfill, and it results in the removal of all materials for salvaging from the landfill site
daily or separates them by type and stores them in a manner that does not create a
nuisance, harbor vectors or cause an unsightly appearance.
"Scavenging" means the removal of materials from a solid waste management facility or
unit which is not salvaging.
"Seismic Slope Safety Factor" means the ratio between the resisting forces or moments
in a slope and the driving forces or moments that may cause a massive slope failure
during an earthquake or other seismic event such as an explosion.
19
"Settlement" means subsidence caused by waste loading, changes in groundwater level,
chemical changes within the soil and adjacent operations involving excavation.
"Shredding" means the mechanical reduction in particle sizes of solid waste. Putrescible
waste is considered shredded if 90 percent of the waste by dry weight passes a 3 inch
sieve.
"Significant Modification" means a modification to an approved permit issued by the
Agency in accordance with Section 39 of the Act and 35 Ill. Adm. Code 813 that is
required when one or more of the following changes, (considered significant when that
change is measured by one or more parameters whose values lie outside the expected
operating range of values as specified in the permit,) are planned, occur or will occur:
An increase in the capacity of the waste disposal unit over the permitted
capacity;
Any change in the placement of daily, intermediate or final cover;
A decrease in performance, efficiency or longevity of the liner system;
A decrease in efficiency or performance of the leachate collection system;
A change in configuration, performance, or efficiency of the leachate
management system;
A change in the final disposition of treated effluent or in the quality of the
discharge from the leachate treatment or pretreatment system;
Installation of a gas management system, or a decrease in the efficiency or
performance of an existing gas management system;
A change in the performance or operation of the surface water control system;
A decrease in the quality or quantity of data from any environmental monitoring
system;
A change in the applicable background concentrations or the maximum
allowable predicted concentrations;
A change in the design or configuration of the regraded area after development
or after final closure;
20
A change in the amount or type of postclosure financial assurance;
Any change in the permit boundary;
A change in the postclosure land use of the property;
A remedial action necessary to protect groundwater;
Transfer of the permit to a new operator;
Operating authorization is being sought to place into service a structure
constructed pursuant to a construction quality assurance program; or
A change in any requirement set forth as a special condition in the permit.
"Slag" means the fused agglomerate which separates in the iron and steel production and
floats on the surface of the molten metal.
"Sole source aquifer" means those aquifers designated pursuant to Section 1424(e) of
the Safe Drinking Water Act of 1974, (42 U.S.C 300h-3).
"Solid Waste" means a waste that is defined in this Section as an inert waste, as a
putrescible waste, as a chemical waste or as a special waste, and which is not also
defined as a hazardous waste pursuant to 35 Ill. Adm. Code 721.
"SPECIAL WASTE" MEANS ANY INDUSTRIAL PROCESS WASTE,
POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS
DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35 Ill. Adm.
Code 808. (Section 3.45 of the Act.)
"Static Safety Factor" means the ratio between resisting forces or moments in a slope
and the driving forces or moments that may cause a massive slope failure.
"Steel slag" means slag.
"Surface impoundment" means a natural topographic depression, a man-made
excavation, or a diked area into which flowing wastes, such as liquid wastes or wastes
containing free liquids, are placed. For the purposes of this Part and 35 Ill. Adm. Code
811 through 815, a surface impoundment is not a landfill. Other Parts of 35 Ill. Adm.
Code: Chapter I may apply, including the permitting requirements of 35 Ill. Adm. Code
309.
21
"Twenty-five (25) year, 24 hour precipitation event" means a precipitation event of 24
hour duration with a probable recurrence interval of once in 25 years.
"Uppermost aquifer" means the first geologic formation above or below the bottom
elevation of a constructed liner or wastes, where no liner is present, which is an aquifer,
and includes any lower aquifer that is hydraulically connected with this aquifer within the
facility's permit area.
"Unit" means a contiguous area used for solid waste disposal.
"Unit of local government" means a unit of local government, as defined by Article 7,
Section 1 of the Illinois Constitution. A unit of local government may include, but is not
limited to, a municipality, a county, or a sanitary district.
"Waste pile" means an area on which non-containerized masses of solid, non flowing
wastes are placed for disposal. For the purposes of this Part and 35 Ill. Adm. Code
811 through 815, a waste pile is a landfill, unless the operator can demonstrate that the
wastes are not accumulated over time for disposal. At a minimum, such demonstration
shall include photographs, records or other observable or discernable information,
maintained on a yearly basis, that show that within the preceding year the waste has
been removed for utilization or disposed disposal elsewhere.
"Waste stabilization" means any chemical, physical or thermal treatment of waste, either
alone or in combination with biological processes, which results in a reduction of
microorganisms, including viruses, and the potential for putrefaction.
"Working face" means any part of a landfill where waste is being disposed of.
"Zone of attenuation" is the three dimensional region formed by excluding the volume
occupied by the waste placement from the smaller of the volumes resulting from vertical
planes drawn to the bottom of the uppermost aquifer at the property boundary or 100
feet from the edge of one or more adjacent units.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
Section 810.104
Incorporations by Reference
a)
The Board incorporates the following material by reference:
1)
Code of Federal Regulations:
40 CFR 141.40 (1988).
22
40 CFR 258.Appendix II (1992).
2)
American Institute of Certified Public Accountants, 1211 Avenue of the
Americas, New York NY 10036:
Auditing Standards-Current Text, August 1, 1990 Edition.
3)
ASTM. American Society for Testing and Materials, 1976 Race Street,
Philadelphia PA 19103, (215) 299-5585 (610) 832-9585:
Method D2234-76, Test Method for Collection of Gross Samples of
Coal.
Method D3987-85, Standard Test Method for Shake Extraction of
Solid Waste with Water.
Method D5102, Standard Test Method for Unconfined Compressive
Strength of Cohesive Soils (1990).
4)
U.S. Government Printing Office, Washington, D.C. 20402, Ph: (202) 783-
3238:
Test Methods for Evaluating Solid Waste, Physical/Chemical methods
Methods, EPA Publication SW-846 (Third Edition, 1986 as amended
by Update I) (November, 1990)
5)
U.S. Army Corps of Engineers, Publication Department, 2803 52nd Ave.,
Hyattville, Maryland 20781, (301) 394-0081:
Engineering Manual 1110-2-1906 Appendix VII, Falling-Head
Permeability Test with Permeameter Cylinder (1986).
b)
This incorporation includes no later amendments or editions.
(Source: Amended at 19 Ill. Reg. 14427, effective September 29, 1995)
23
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 811
STANDARDS FOR NEW SOLID WASTE LANDFILLS
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
Section
811.101
Scope and Applicability
811.102
Location Standards
811.103
Surface Water Drainage
811.104
Survey Controls
811.105
Compaction
811.106
Daily Cover
811.107
Operating Standards
811.108
Salvaging
811.109
Boundary Control
811.110
Closure and Written Closure Plan
811.111
Postclosure Maintenance
SUBPART B: INERT WASTE LANDFILLS
Section
811.201
Scope and Applicability
811.202
Determination of Contaminated Leachate
811.203
Design Period
811.204
Final Cover
811.205
Final Slope and Stabilization
811.206
Leachate Sampling
811.207
Load Checking
SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
Section
811.301
Scope and Applicability
811.302
Facility Location
811.303
Design Period
811.304
Foundation and Mass Stability Analysis
811.305
Foundation Construction
811.306
Liner Systems
24
811.307
Leachate Drainage System
811.308
Leachate Collection System
811.309
Leachate Treatment and Disposal System
811.310
Landfill Gas Monitoring
811.311
Landfill Gas Management System
811.312
Landfill Gas Processing and Disposal System
811.313
Intermediate Cover
811.314
Final Cover System
811.315
Hydrogeological Site Investigations
811.316
Plugging and Sealing of Drill Holes
811.317
Groundwater Impact Assessment
811.318
Design, Construction, and Operation of Groundwater Monitoring Systems
811.319
Groundwater Monitoring Programs
811.320
Groundwater Quality Standards
811.321
Waste Placement
811.322
Final Slope and Stabilization
811.323
Load Checking Program
811.324
Corrective Action Measures for MSWLF Units
811.325
Selection of Remedy for MSWLF Units
811.326
Implementation of the corrective action program at MSWLF Units
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section
811.401
Scope and Applicability
811.402
Notice to Generators and Transporters
811.403
Special Waste Manifests
811.404
Identification Record
811.405
Recordkeeping Requirements
811.406
Procedures for Excluding Regulated Hazardous Wastes
SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section
811.501
Scope and Applicability
811.502
Duties and Qualifications of Key Personnel
811.503
Inspection Activities
811.504
Sampling Requirements
811.505
Documentation
811.506
Foundations and Subbases
811.507
Compacted Earth Liners
811.508
Geomembranes
811.509
Leachate Collection Systems
25
SUBPART G: FINANCIAL ASSURANCE
Section
811.700
Scope, Applicability and Definitions
811.701
Upgrading Financial Assurance
811.702
Release of Financial Institution
811.703
Application of Proceeds and Appeals
811.704
Closure and Postclosure Care Cost Estimates
811.705
Revision of Cost Estimate
811.706
Mechanisms for Financial Assurance
811.707
Use of Multiple Financial Mechanisms
811.708
Use of a Financial Mechanism for Multiple Sites
811.709
Trust Fund for Unrelated Sites
811.710
Trust Fund
811.711
Surety Bond Guaranteeing Payment
811.712
Surety Bond Guaranteeing Performance
811.713
Letter of Credit
811.714
Closure Insurance
811.715
Self-Insurance for Non-commercial Sites
811.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Postclosure Care
Illustration G
Operator's Bond Without Surety
Illustration H
Operator's Bond With Parent Surety
Illustration I
Letter from Chief Financial Officer
811.Appendix B
Section-by-Section Correlation Between the Requirements of the Federal
MSWLF Regulations at 40 CFR 258 (1992) and the Requirements of Parts
810 through 814.
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 22.40 and 28.1 and authorized by
Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021,
1021.1, 1022, 1022.17, 1028.1 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17, 22.40, 28.1 and 27].
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15861, effective September 18, 1990; amended in R92-
19 at 17 Ill. Reg. 12413, effective July 19, 1993; amended in R93-10 at 18 Ill. Reg. 1308, effective
January 13, 1994; expedited correction at 18 Ill. Reg. 7504, effective July 19, 1993; amended in R90-
26 at 18 Ill. Reg. 12481, effective August 1, 1994; amended in R96-1 at Ill. Reg. , effective .
26
NOTE: Capitalization indicates statutory language.
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
Section 811.101
Scope and Applicability
a)
The standards of this Part apply to all new landfills, except as otherwise provided in 35
Ill. Adm. Code 816 and 817, and except those regulated pursuant to 35 Ill. Adm. Code
700 through 749. Subpart A contains general standards applicable to all new landfills.
Subpart B contains additional standards for new landfills which dispose of only inert
wastes. Subpart C contains additional standards for new landfills which dispose of
chemical and putrescible wastes.
b)
All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
c)
Standards for Municipal Solid Waste landfills
1)
The standards of this Part also apply to all new MSWLF units, as defined at 35
Ill. Adm. Code 810.103. The standards for the new MSWLF units include:
A)
The standards applicable to new landfills pursuant to subsection (a); and
B)
The standards adopted in this part that are identical-in-substance to the
federal regulations promulgated by the U.S. Environmental Protection
Agency pursuant Sections 4004 and 4010 of the RCRA relating to
MSWLF program. Such standards are individually indicated as
applicable to MSWLF units.
2)
The Appendix Table 811.Appendix B provides a Section-by-Section
correlation between the requirements of the federal MSWLF regulations at 40
CFR 258 (1992) and the requirements of this Part.
3)
An owner or operator of a MSWLF unit shall also comply with any other
applicable Federal rules, laws, regulations, or other requirements.
BOARD NOTE: Subsection (c)(3) is derived from 40 CFR 258.3 (1992).
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
27
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: WASTE DISPOSAL
SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
PART 816
ALTERNATIVE STANDARDS FOR COAL COMBUSTION POWER GENERATING
FACILITIES WASTE LANDFILLS
Section
816.500
Scope and Applicability
816.510
Poz-O-Tec Liners and Caps
816.520
Poz-O-Tec Monofills
816.530
Testing of Poz-O-Tec Liners and Caps, and Poz-O-Tec Monofills
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and authorized by Section 27
of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27].
SOURCE: Adopted in R96-1 at 19 Ill. Reg. , effective .
Section 816.500
Scope and Applicability
a)
Except as otherwise specified in this Subpart, landfills receiving solely flue gas
desulfurization (FGD) sludges and coal combustion wastes produced by coal
combustion power generating facilities shall be designed, constructed and operated in
compliance with all applicable requirements of 35 Ill. Adm. Code 811, 812 and 815.
b)
All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
Section 816.510
Poz-O-Tec Liners and Caps
Notwithstanding the liner and cap requirements set forth at 35 Ill. Adm. Code 811.306, 811.314 (solely
to the extent that it may preclude Poz-O-Tec materials from being used as a landfill cap or liner) and
811.507(a)(5), FGD sludges and coal combustion waste produced by coal combustion power
generating facilities may be used for liner or cap construction for the purposes of Subpart C of Part 811,
provided that:
a)
These raw FGD sludges and coal combustion wastes have been processed into Poz-O-
Tec materials;
28
b)
The permeability of the liner constructed of Poz-O-Tec material is demonstrated to be
less than or equal to 1 x 10
-7
cm/sec after placement and curing based upon a geometric
average of the permeability testing results prior to the placement of any waste upon the
liner;
c)
The Poz-O-Tec material has an unconfirmed compressive strength of greater than or
equal to 150 psi based upon an arithmetic average of the strength testing results
obtained in accordance with Section 816.530(c) of this Part;
d)
The bottom liner has a minimum thickness of three feet but this thickness may be
increased as necessary to make the demonstrations required by 35 Ill. Adm. Code 812
or 815;
e)
The base of the liner is constructed at least five feet above the average historical
groundwater table;
f)
Only coal combustion wastes and FGD sludges produced from power generating
facilities are placed into the landfill;
g)
A final cover system is installed in accordance with the requirements of 35 Ill. Adm.
Code 811.314 except that the low permeability layer of the cap shall consist of Poz-O-
Tec materials which are at least three feet thick;
h)
The material testing procedures specified in Section 816.530 are implemented;
i)
The landfill is designed, constructed and operated in compliance with all applicable
requirements of 35 Ill. Adm. Code 811, 812 and 815;
j)
The bottom liner and low permeability layer of the cap are constructed according to a
construction quality assurance program in accordance with 35 Ill. Adm. Code
811.Subpart E;
k)
An acceptable groundwater impact assessment pursuant to 35 Ill. Adm. Code
811.317(b), 812.316, 813.304, or 815.203, as appropriate for the given facility, is
submitted to the Agency by the owner or operator;
l)
A test liner is constructed by the owner or operator, so that all that remains is the curing
of the test liner, before construction of the actual full-scale liner of Poz-O-Tec material
may commence, in accordance with 35 Ill. Adm. Code 811.507(a)(1) through (4). The
test liner must be fully evaluated in accordance with Section 816.530 and the results
must be provided to the Agency. If the test liner evaluation results indicate a failure of
the test liner to meet any of the performance standards in this Section, and if the Agency
29
so directs, the user must excavate and properly dispose of all Poz-O-Tec liners at the
site, as well as any waste deposited in and around such liners; and
m)
Owners or operators using Poz-O-Tec materials in accordance with this Section shall
comply with the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.) and 35 Ill.
Adm. Code 807, 810, and 811, to the extent those provisions are not otherwise
addressed herein.
Section 816.520
Poz-O-Tec Monofills
Any monofill receiving solely FGD sludges and coal combustion wastes produced by coal combustion
power generating facilities shall be exempt from the requirements of 35 Ill. Adm. Code 811.105 (solely
as it relates to the placement of wastes at the lowest part of the active face), 811.306, 811.307,
811.308, 811.309, 811.313 (solely as it relates to soil cover), 811.314(b)(3)(C) (solely to the extent
that it may preclude Poz-O-Tec materials from being used as a landfill cap) and 811.321 (relating solely
to waste placement), provided that:
a)
The FGD sludges and coal combustion wastes have been processed into Poz-O-Tec
materials;
b)
The permeability of the liner constructed of Poz-O-Tec material is demonstrated to be
less than or equal to 1 x 10
-7
cm/sec after placement and curing based upon a geometric
average of those cylinders tested for permeability which were formed from a single
sample in accordance with Section 816.530(b);
c)
The Poz-O-Tec material has an unconfined compressive strength of greater than or
equal to 150 psi using an arithmetic average of the strength testing results obtained in
accordance with Section 816.530;
d)
The base of the monofill is constructed at least five feet above the average historical
groundwater table;
e)
A monofill liner and low permeability cap is constructed from the Poz-O-Tec materials
as described in Section 816.510;
f)
A drainage layer is constructed atop the monofill liner which has a permeability greater
than or equal to 1 x 10
-3
cm/sec which extends over the entire liner system of the
monofill;
g)
The material is placed in such a manner that it will form a monolithic block through
placement of the material in one to two foot lifts, which are compacted, rolled to smooth
and graded and sloped such that any rainfall rapidly runs off the upper surface without
puddling;
30
h)
At all times a berm is maintained around three sides of the landfill mass and the grading
is such that the run-off is directed toward the open side where it is collected for reuse or
treated (if necessary) and discharged pursuant to an NPDES permit;
i)
The material testing procedures specified in Section 816.530 are implemented;
j)
Construction of the full scale monofill may commence immediately upon completion of
the test pad;
k)
An acceptable groundwater impact assessment pursuant to 35 Ill. Adm. Code
811.371(b), 812.316, 813.304, or 815.203, as appropriate for the given facility, is
prepared; and
l)
Owners or operators using the Poz-O-Tec materials in accordance with this section
shall comply with the Illinois Environmental Protection Act [415 ILCS 5] and 35 Ill.
Adm. Code 811, to the extent those provisions are not otherwise addressed herein.
Section 816.530
Testing of Poz-O-Tec Liners and Caps and Poz-O-Tec Monofills
The owner or operator shall implement the following material testing procedures for testing Poz-O-Tec
liners and caps and Poz-O-Tec Monofills:
a)
Creation and Sampling of Test Pad
1)
The owner or operator shall construct a test pad in accordance with 35 Ill.
Adm. Code 811.507(a), unless such construction is waived by the Agency
pursuant to subsection (b) of that section;
2)
The test pad shall be allowed to cure for 56 days at 73
o
Fahrenheit (or
equivalent cure);
3)
After curing, fifty samples shall be taken using a 4 inch diameter coring bit; and
4)
The specimens shall be trimmed to proctor cylinder size utilizing an abrasive
blade masonry saw, and tested for unconfined compressive strength and
coefficient of permeability as described in subsection C, below. Of the
specimens taken from the pad, 20 shall be analyzed for their coefficient of
permeability and 30 shall be analyzed for their unconfined compressive strength.
b)
Collection of Production Samples
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The owner or operator shall collect samples from the production of Poz-O-Tec in the following
manner:
1)
Utilizing a large scoop, five gallon buckets of freshly produced material shall be
collected at uniform intervals during construction of the test pad and shipped to
a laboratory for analysis.
2)
Five proctor cylinder specimens shall be prepared from each bucket of freshly
produced material. Three of these five cylinders shall be tested for unconfined
compressive strength and the other two shall be tested for permeability.
3)
Additional uncured samples shall be taken as necessary for preparation and
testing to determine moisture content, lime content, the ratio of fly ash to sludge
and in-place density. Testing for these parameters shall be conducted in
accordance with standard test methods.
c)
Strength and Permeability Testing
1)
Uncured samples shall be taken to a laboratory, placed into proctor cylinders,
compacted to simulate field conditions, cured in sealed containers for 56 days at
73
o
(or equivalent cure) and tested for coefficient of permeability and
unconfined strength using the following test methods, which are incorporated by
reference in 35 Ill. Adm. Code 810.104:
A)
U.S. Army Corps of Engineers Engineering Manual 1110-2-
1906 Appendix VII, Falling-Heal Permeability Test with
Permeameter Cylinder.
B)
ASTM Method D5102; Standard Method for Unconfined
Compressive Strength of Cohesive Soils.
2)
Field samples shall be tested using the same methods as specified in subsection
(c)(1) above.
d)
Data Correlation
Laboratory data and field data shall be compared to determine any statistically
significant differences using standard statistical correlation methodologies.
e)
Subsequent Testing
Upon completion of field verification, as described above in (c)(2), the owner
or operator of the site shall conduct quality control/quality assurance testing by
32
taking monthly samples of freshly produced Poz-O-Tec materials and sending
those samples to a laboratory where they shall be formed into proctor cylinder
specimens for testing. Two of those samples shall be tested for their coefficient
of permeability, three for unconfined compressive strength, and one each for the
parameters set forth in subsection (b)(3) above. Laboratory testing for
permeability and strength must be conducted in accordance with the test
methods referenced in subsection (c) above. Test results must demonstrate a
coefficient of permeability of less than or equal to 1 x 10
-7
cm/sec using a
geometric average of the permeability testing results, and an unconfined
compressive strength of greater than or equal to 150 psi using an arithmetic
average of the strength testing results.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
opinion and order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board