ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1997
    IN THE MATTER OF:
    )
    )
    STEEL AND FOUNDRY INDUSTRY WASTE
    )
    R96-3
    LANDFILLS: AMENDMENTS TO 35 ILL.
    ) (Rulemaking - Land)
    ADM. CODE 817.309 (FACILITY LOCATION
    )
    FOR LANDFILLS ACCEPTING
    )
    POTENTIALLY USABLE WASTE)
    )
    Adopted Rule. Final Order.
    Expedited Correction.
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On January 9, 1997 the Board adopted a final opinion and order in this matter. The
    adopted rules were published in 21 Illinois Register 1183, on January 24, 1997. At the request
    of the Joint Committee on Administrative Rules and to correct a typographical error in the
    Table of Contents, the Board hereby adopts a corrected order in this matter.
    Specifically the January 9, 1997 final order contained in the Table of Contents the title
    of two sections, Section 817.307 and 817.308, which were not present in the rules. Today’s
    order corrects this error by deleting the two Section titles. The Board’s January 9, 1997 final
    opinion has not been altered.
    ORDER
    The Board directs that the following correction be submitted to the Joint Committee on
    Administrative Rules for final notice pursuant to Section 5-85 of the Illinois Administrative
    Procedure Act.
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE G: WASTE DISPOSAL
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
    PART 817
    REQUIREMENTS FOR NEW STEEL AND FOUNDRY
    INDUSTRY WASTES LANDFILLS

    2
    SUBPART A: GENERAL REQUIREMENTS
    Section
    817.101
    Scope and Applicability
    817.103
    Determination of Waste Status
    817.104
    Sampling Frequency
    817.105
    Waste Classification
    817.106
    Waste Classification Limits
    817.107
    Waste Mining
    SUBPART B: STANDARDS FOR MANAGEMENT OF BENEFICIALLY USABLE
    STEEL AND FOUNDRY INDUSTRY WASTES
    Section
    817.201
    Scope and Applicability
    817.202
    Limitations on Use
    817.203
    Notification
    817.204
    Long-Term Storage
    SUBPART C: STEEL AND FOUNDRY INDUSTRY POTENTIALLY
    USABLE WASTE LANDFILLS
    Section
    817.301
    Scope and Applicability
    817.302
    Design Period
    817.303
    Final Cover
    817.304
    Final Slope and Stabilization
    817.305
    Leachate Sampling
    817.306
    Load Checking
    817.309
    Facility Location
    SUBPART D: NEW STEEL AND FOUNDRY INDUSTRY LOW RISK WASTE
    LANDFILLS
    Section
    817.401
    Scope and Applicability
    817.402
    Facility Location
    817.403
    Design Period
    817.404
    Foundation and Mass Stability Analysis
    817.405
    Foundation Construction
    817.406
    Liner Systems
    817.407
    Leachate Drainage System
    817.408
    Leachate Collection System
    817.409
    Leachate Treatment and Disposal System
    817.410
    Final Cover System
    817.411
    Hydrogeologic Site Investigations
    817.412
    Plugging and Sealing of Drill Holes
    817.413
    Groundwater Impact Assessment

    3
    817.414
    Design, Construction and Operation of Groundwater Monitoring Systems
    817.415
    Groundwater Monitoring Programs
    817.416
    Groundwater Quality Standards
    817.417
    Waste Placement
    817.418
    Final Slope and Stabilization
    817.419
    Load Checking
    SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
    Section
    817.501
    Scope and Applicability
    Section
    817.Appendix A
    Organic Chemical Constituents List
    AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 28.1, and authorized by
    Section 27 of the Environmental Protection Act [415 ILCS 5/5, 5/21, 5/21.1, 5/22, 5/22.17,
    5/28.1, and 5/27].
    SOURCE: Adopted in R90-26(A) at 18 Ill. Reg. 12411, effective August 1, 1994; amended
    in R90-26(B) at 18 Ill. Reg. 14370, effective September 13, 1994; amended in R96-3 at 21 Ill.
    Reg. 1183, effective January 14, 1997; expedited correction in R96-3 at 21 Ill. Reg.
    _________, effective ______________________ .
    Section 817.309
    Facility Location
    a)
    No part of a unit shall be located within a setback zone established pursuant to
    Section 14.2 or 14.3 of the Act.
    b)
    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:
    1)
    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:
    A)
    The stratum has a minimum thickness of 15.2 meters (50 feet);
    B) 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;

    4
    C)
    There is no indication of continuous sand or silt seams, faults,
    fractures or cracks within the stratum that may provide paths for
    migration; and
    D)
    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
    2)
    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.
    A)
    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:
    i)
    Physical or technological practicability of development;
    ii)
    Existence of deed restrictions or other legal mechanisms
    for imposing a restriction on land use; and
    iii)
    The nature of an existing use of the groundwater.
    B)
    In performing groundwater modeling, the owner or operator
    shall:
    i)
    Estimate the amount of seepage from the unit during
    operations assuming that the actual design standards for
    the unit apply;
    ii)
    Determine the concentration of constituents in the leachate
    from actual leachate samples from the waste or similar
    waste, or laboratory-derived extracts;
    iii)
    Collect information to develop the site-specific
    groundwater model (e.g., hydraulic conductivity,
    gradients, hydrogeology, stratigraphy);

    5
    iv)
    Develop a conceptual groundwater flow model of the site
    to determine the soil units through which leachate may
    migrate;
    v)
    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
    vi)
    Determine the retardation factor for constituents of
    interest based on traditional hydrogeological methods.
    c)
    Subsection (b) shall not apply to units that accept only beneficially useable
    waste.
    d)
    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.
    e)
    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.
    (Source: Amended at 21 Ill. Reg. ______________, effective __________________.)
    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
    ___________________, 1997 by a vote of _______.
    ______________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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