ILLINOIS POLLUTION CONTROL BOARD

February 4,

1993

In the matter of:

)

Petition of Peoria Disposal

)

AS 91-3

Company for Adjusted Standard

)

(RCRA Delisting)

from 35 Iii.

Admit. Code 721

)

Subpart D.

)

ORDER OF THE BOARD

(by J. Anderson):

This Order grants an adjusted standard to Peoria Disposal

Company (PDC).

This action is taken in light of the Board’s

January 21,

1993 grant of the January 14,

1993 joint motion

(joint motion)

for expedited decision of Peoria Disposal Company

and the Illinois Environmental Protection Agency (Agency).

The

Board’s time and resource constraints have resulted in a delay in

perfecting the supporting opinion.

The Board intends to adopt

the supporting opinion at its February

25,

1993 Board meeting.

ORDER

The Board hereby grants to Peoria Disposal Company

(PDC)

an

adjusted standard from 35 Ill. Adm Code 721 Subpart D subject to

the following conditions:

1.

This adjusted standard becomes effective on February 4,

1993.

2.

This adjusted standard is provided only for F006 wastes

treated using PDC’s mechanical mixer,

and only for total

annual waste disposal volumes of F006 treatment residues up

to 50,000 cubic yards.

Peoria Disposal Company’s treated

F006 residues generated

by. the PDC F006 waste stabilization

process described in their amended petition filed March 2,

1992 are non-hazardous as defined

in 35 Ill.

Admn.

Code 721.

The treatment residues must meet the verification and

testing requirements prescribed in paragraph

3 listed below

to ensure that hazardous constituents are not present in the

treatment residues at levels of regulatory concern.

The

treatment residues will no longer be subject to regulation

under 35 Ill.

Adm. Code.

Parts 722-728 and the permitting

standards of

35 Ill.

Admit. Code 703.

Such wastes shall be

disposed of pursuant to the Board’s non—hazardous landfill

regulations found at 35 Ill.

Admn.

Code 810—815.

3.

Verification and Testing.

a)

Treatability Testing.

PDC shall verify through bench-

scale treatability testing that each waste stream

received by PDC for chemical stabilization can be

treated to meet the delisting levels of paragraph

4

0139-0121

---

2

prior to the operation of full-scale treatment of that

waste stream.

PDC shall submit a report of the

treatability testing to the Agency within

7 days of the

completion of such testing.

b)

Testing of Treatment Residues for Inorganic Parameters.

PDC shall collect representative grab samples of each

treated batch of the F006 treatment residue and

composite the grab samples to produce a daily composite

sample.

This sample shall be analyzed ~

TCLP

leachate concentrations for all the constituents listed

in paragraphs 4(a) and 4(b) prior to disposal of the

treated batch.

c)

Testing of Treatment Residues for Organic Parameters.

PDC shall collect a representative grab sample of each

treated batch of the F006 treatment residue daily and

this sample shall be analyzed for TCLP leachate

concentrations for all the constituents listed in

paragraph 4(c).

d)

Additional testing.

PDC shall collect a representative

grab sample from each daily grab sample of F006

treatment residue each month and prepare

a monthly

composite sample.

This monthly sample shall be

analyzed for the TCLP leachate concentrations for all

the constituents listed at 40 C.F.R. Part 423 Appendix

A

(1991)

except those numbered 089-113,

116 and 129.

Any compound which is found to be below detection

limits for six months of continuous monthly testing

shall be deleted from the monthly testing parameter

list and shall instead be tested semi—annually.

If the

compound is detected in the semi-annual tests,

it will

again be tested monthly for six months as described

above.

e)

All analyses shall be performed according to SW-846

methodologies incorporated by reference in 35 Ill.

Adm.

Code 720.111.

The analytical data shall be

compiled and maintained on site for a minimum of three

years.

These data must be furnished upon request and

made available for inspection by any employee or

representative of the State of Illinois.

4.

Delisting Levels.

a)

Metals.

The metal concentration in TCLP leachate from the

F006 treatment residue must not exceed the values shown

below, otherwise such wastes shall be managed and disposed in

accordance with 35

Ill.

Adm. Code 703 and 722-728.

0139-0 122

---

3

Parameter

Delisting Level

(mg/l)

Cadmium

0.066

Chromium

1.9

Lead

0.29

Nickel

0.32

Silver

0.072

b)

Cyanide.

Total leachable cyanide in distilled water

extractions from F006 treatment residue must not exceed 3.8

mg/kg,

otherwise such wastes shall be managed and disposed in

accordance with 35

Ill. Adm Code 703 and 722—728.

c)

Organic Parameters.

The organic constituent concentration in

TCLP leachate from the F006 treatment residue will be

compared with the delisting levels shown below.

If the

delisting levels for a batch are exceeded, a second composite

sample of the same batch shall be prepared and analyzed

within five days of the observed exceedance.

If

a second

subsequent exceedance occurs, the batch shall be managed and

‘disposed of in accordance with 35 Ill. Adm. Code 703 and 722-

728.

Parameter

Delisting Level

(mg/i)

Acetone

76

Bis (2—ethylhexyl)phthalate

0.057

Chloroform

0.114

Ethylbenzene

13.3

Naphthalene

1.9

N-nitrosodiphenylamine

0.133

Styrene

1.9

Total xylenes

190

5..

Data Submittal.

All data

must

be

submitted

to

the

Manager of the Permit Section, Division of Land Pollution

Control,

Illinois Environmental Protection Agency, 2200

Churchill Road,

P.O. Box 19276, springfield, Illinois 62794-

9276 within the time period specified.

At the Agency’s

request, PDC must submit any other analytical data obtained

pursuant to paragraph C within the time period specified by

the Agency.

Failure to submit the required data will be

considered a failure to comply with the adjusted standard

adopted herein and subject PDC to an enforcement action

initiated by the Agency.

All data must be accompanied with

the following certification statement:

Under civil and criminal penalty of law for the making

or submission of false or fraudulent statements or

representations (pursuant to the applicable provisions

0139-0123

---

4

of the

Illinois Environmental Protection Act),

I

certify that the information contained in or

accompanying this document is true, accurate and

complete.

In the event that any of this information is determined

by the Board in its sole discretion to be false,

inaccurate or incomplete, and upon conveyance of this

fact to Peoria Disposal Company,

I recognize that this

exclusion of wastes will be void as

if it never had

effect to the extent directed by the Board and that

Peoria Disposal Company will be liable for any actions

taken in contravention of the company’s RCRA and CERCLA

obligations premised upon the company’s reliance on the

void exclusion.

(Name of certifying person)

(Title of certifying person)

Date ____________________________________

Section 41 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1991,

ch.

111 1/2,

par.

1041) provides for the appeal of

final orders of the Board within 35 days.

The Rules of the

Supreme Court of Illinois establish filing requirements.

(But se~

also 35

Ill.

Admit.

Code 101.246, Motion for Reconsideration,

and

Castenada

V.

Illinois Human Rights Commission

(1989),

132 Ill.2d

304,

547 N.E.2d 437.)

IT IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, do hereby c~tifythat the above order was adopted cm the

-‘/~-?-

day of

,

,

1993,

by a vote of

~

~

~.

Dorothy M. G)~n,Clerk

Illinois Po~4utionControl Board

‘I

0139-012~