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