TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 814
STANDARDS FOR EXISTING LANDFILLS AND UNITS
SUBPART A: GENERAL REQUIREMENTS
Section
814.101
Scope and Applicability
814.102 Compliance Date
814.103
Notification to Agency
814.104
Applications For Significant Modification of Permits
814.105
Effect of Timely Filing of Notification and Application For
Significant Modification
814.106
Agency Action On Applications For Significant Modifications to
Existing Permits
814.107
Compliance Dates for Existing MSWLF Units
814.108
Interim Permit Requirements for Existing MSWLF Units
814.109
Permit Requirements for Lateral Expansions at Existing MSWLF Units
SUBPART B: STANDARDS FOR UNITS ACCEPTING INERT WASTE
Section
814.201
Scope and Applicability
814.202 Applicable Standards
SUBPART C: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL
OR PUTRESCIBLE WASTES THAT MAY REMAIN OPEN FOR MORE THAN
SEVEN YEARS
Section
814.301
Scope and Applicability
814.302 Applicable Standards
SUBPART D: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL
AND PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN
SEVEN YEARS
Section
814.401
Scope and Applicability
814.402 Applicable Standards
SUBPART E: STANDARDS FOR EXISTING UNITS ACCEPTING INERT
WASTE ONLY, OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES
THAT MUST INITIATE CLOSURE WITHIN TWO YEARS
Section
814.501
Scope and Applicability
814.502
Standards for Operation and Closure
SUBPART F: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY LOW
RISK WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES THAT MAY
REMAIN OPEN FOR MORE THAN SEVEN YEARS
Section
814.601
Scope and Applicability
814.602 Applicable Standards
SUBPART G: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY LOW
RISK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES THAT MUST
INITIATE CLOSURE WITHIN SEVEN YEARS
Section
814.701
Scope and Applicability
814.702 Applicable Standards
SUBPART H: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY
POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE, OR
ACCEPTING LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES THAT
MUST INITIATE CLOSURE WITHIN TWO YEARS
Section
814.801
Scope and Applicability
814.802
Standards for Operation and Closure
SUBPART I: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY
POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE THAT
PLAN TO STAY OPEN FOR MORE THAN TWO YEARS
Section
814.901
Scope and Applicability
814.902
Standards for Operation and Closure
Appendix A
Additional Requirements for Existing MSWLF Units and Lateral
Expansions Operating Under Permits Issued Pursuant to 35 Ill. Adm.
Code 807.
AUTHORITY
: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and
authorized by Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch.
111 1/2, pars. 1005, 1021, 1021.1, 1022, 1022.17, 1028.1 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. 15850, effective September 18, 1990;
amended in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994; emergency
amendment in R94-13 at 18 Ill. Reg. 8488, effective May 12, 1994, for a maximum of
150 days; amended in R90-26 at 18 Ill. Reg. 12471, effective August 1, 1994.
NOTE: Capitalization indicates statutory language.
SUBPART A: GENERAL REQUIREMENTS
Section 814.101 Scope and Applicability
a) This Part establishes the standards applicable to all existing landfill
facilities, which includes facilities that are not considered to be new as
defined at 35 Ill. Adm. Code 810.103. The existing landfill facilities
covered by this Part include existing MSWLF units and lateral
expansions, as defined at 35 Ill. Adm. Code 810.103. This Part establishes
requirements for both new and existing disposal units within such existing
landfill facilities. Landfill owners or operators are required to determine
the date on which their facilities must begin closure, which is dependent
upon the ability of existing units to meet the design and performance
standards contained in this Part.
b) All existing MSWLF units and lateral expansions shall be subject to the
following standards:
1) An existing MSWLF unit or a lateral expansion operating under a
permit modified pursuant to Section 814.104 shall comply with the
standards prescribed in Subpart C or Subpart D, whichever is
applicable.
2) An existing MSWLF unit or a lateral expansion operating under a
permit issued pursuant to 35 Ill. Adm. Code 813 shall comply with
the terms of the permit and the standards prescribed in Section
814.Subpart C for existing MSWLF units.
3) An existing MSWLF unit or a lateral expansion operating under a
permit issued pursuant 35 Ill. Adm. Code 807 shall comply with
the terms of the permit and the requirements specified in Section
814.Appendix A until the unit's permit is modified in accordance
with Section 814.104.
4) An existing MSWLF unit or a lateral expansion that is newly
required to obtain a permit under Section 21(d) of the Act on or
after October 9, 1993 shall comply with the standards prescribed in
Subpart C or Subpart D, whichever is applicable.
c) The requirements of Sections 814.104, 814.105 and 814.106 of this
Subpart apply only to those landfill facilities identified as existing
facilities in subsection (a) and which require an Agency issued permit.
d) In addition to the requirements of subsection (c), an owner or operator of
an existing MSWLF unit shall comply with the following:
1) Permit requirements specified in Sections 814.108 and 814.109;
and
2) Any other applicable Federal rules, laws, regulations, or other
requirements.
BOARD NOTE: Subsection (d)(2) is derived from 40 CFR 258.3 (1992).
e) All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
(Source: Amended in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994)
Section 814.102 Compliance Date
Unless otherwise expressly provided in Section 814.105 and 814.107, all landfills with
existing units shall comply with the requirements of this Part within six months of the
effective date of this Part.
(Source: Amended in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994)
Section 814.103 Notification to Agency
No later than six months after the effective date of this Part, all owners or operators shall
send notification to the Agency describing the facility, estimated date of closure of
existing units, and whether the facility is subject to the requirements of Subpart B,
Subpart C, Subpart D, or Subpart E.
(Source: Amended in R93-10 at 18 Ill. Reg. 1284, effective January 13,1994)
Section 814.104 Applications For Significant Modification of Permits
a) All owners or operators of landfills permitted pursuant to Section 21(d) of
the Environmental Protection Act (Act) (Ill. Rev. Stat. 1991, ch. 111 1/2,
par. 1021(d) [415 ILCS 5/21(d)]) shall file an application for a significant
modification to their permits for existing units, unless the units will be
closed pursuant to Subpart E within two years of the effective date of this
Part.
b) The owner or operator of an existing unit shall submit information
required by 35 Ill. Adm. Code 812 to demonstrate compliance with
Subpart B, Subpart C or Subpart D of this Part, whichever is applicable.
c) The application shall be filed within 48 months of the effective date of this
Part, or at such earlier time as the Agency shall specify in writing pursuant
to 35 Ill. Adm. Code 807.209 or 813.201(b).
d) The application shall be made pursuant to the procedures of 35 Ill. Adm.
Code 813.
(Source: Amended in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994)
Section 814.105 Effect of Timely Filing of Notification and Application For
Significant Modification
a) Permits issued pursuant to 35 Ill. Adm. Code 807 prior to the effective
date of this Part remain in full force and effect until superseded by a
permit issued pursuant to this Part or until revoked as a result of an
enforcement action brought pursuant to Title VIII of the Act.
b) An owner or operator who has timely filed a notification pursuant to
Section 814.103 and an application for significant permit modification
pursuant to Section 814.104 shall continue operation under the terms of its
existing permits until final determination by the Agency on its application
and any subsequent appeal to the Board pursuant to Section 40 of the Act.
During this time, the owner or operator will be deemed to be in
compliance with all requirements of this Part.
(Source: Amended in R93-10 at 18 Ill. 1284, effective January 13, 1994)
Section 814.106 Agency Action on Applications for Significant Modifications to
Existing Permits
The Agency shall review applications for significant modifications to existing permits in
accordance with the requirements and procedures of 35 Ill. Adm. Code 813.
Section 814.107 Compliance Dates for Existing MSWLF Units and Lateral
Expansions
a) Except as specified in subsections (b) or (c), all existing MSWLF units
and lateral expansions shall comply with the applicable requirements of
this Part in accordance with Section 814.101(b) on or before October 9,
1993.
b) An existing MSWLF unit or a lateral expansion that meets the conditions
of subsections (b)(1), (b)(2), and (b)(3) and receive waste after October 9,
1993, but stop receiving waste before April 8, 1994, is exempted from the
additional requirements prescribed for existing MSWLF units and lateral
expansions in this Part. The exemption conditions are as follows:
1) The unit accepted 100 tons per day or less of solid waste for
disposal between October 9, 1991, and October 9, 1992.
2) The unit shall not accept more than 100 tons per day for disposal
between October 9, 1993, and April 9, 1994.
3) The unit is not on the National Priority list (NPL) as found in 40
CFR 300 Appendix B.
c) An existing MSWLF unit or a lateral expansion of an existing unit is
exempted from the additional requirements prescribed for MSWLF units
in this Part until April 8, 1994, if the Agency determines that such a unit
or lateral expansion is needed to receive flood-related waste.
BOARD NOTE: The compliance dates specified in subsections (a) and (b) reflect
the revisions adopted by the USEPA in the Federal Register Notification
published on October 1, 1993 (see 58 FR 51536).
(Source: Added at 18 Ill. Reg. 1284, effective January 13, 1994)
Section 814.108 Interim Permit Requirements for Existing MSWLF Units
a) EXCEPT FOR A LATERAL EXPANSION OF AN EXISTING MSWLF
UNIT REQUIRED TO RECEIVE A PERMIT MODIFICAITON UNDER
SECTION 21(T) OF THE ACT, BY SEPTEMBER 1, 1993, OR WITHIN
30 DAYS FOLLOWING THE EFFECTIVE DATE OF P.A. 88-496
(SEPTEMBER 13, 1993), WHICHEVER OCCURS FIRST, THE
OWNER OR OPERATOR OF AN EXISTING MSWLF UNIT SHALL
SUBMIT TO THE AGENCY A WRITTEN APPLICATION FOR A
PERMIT (IF NO PERMIT HAS BEEN ISSUED UNDER SECTION
21(d) OF THE ACT) OR A PERMIT MODIFICATION (IF A PERMIT
HAS BEEN ISSUED UNDER SECTION 21(d) OF THE ACT) ON
FORMS PRESCRIBED AND PROVIDED BY THE AGENCY.
b) PERSONS WHO SUBMIT AN APPLICATION FOR A PERMIT OR
PERMIT MODIFICATION UNDER SUBSECTION (a) AND SECTION
22.42(a) OF THE ACT SHALL BE DEEMED TO HAVE AN INTERIM
PERMIT OR INTERIM PERMIT MODIFICATION ON OCTOBER 9,
1993, OR 30 CALENDAR DAYS AFTER THE AGENCY RECEIVES
THE APPLICATION UNDER SUBSECTION (a) ABOVE AND
SECTION 22.42(a) OF THE ACT, WHICHEVER OCCURS FIRST,
EXCEPT THAT:
1) THE AGENCY MAY IMPOSE SUCH CONDITIONS TO THE
INTERIM PERMIT OR INTERIM PERMIT MODIFICATION
LAW AS MAY BE NECESSARY TO ACCOMPLISH THE
PURPOSES OF THE ACT AND AS ARE NOT INCONSISTENT
WITH THE REGULATIONS DESCRIBED IN SECTION 22.41
OF THE ACT.
2) NO INTERIM PERMIT OR INTERIM PERMIT
MODIFICATION SHALL BE DEEMED ISSUED UNDER THIS
SUBSECTION AND SUBSECTION 22.42(b) OF THE ACT IF
THE AGENCY PROVIDES WRITTEN NOTIFICATION TO
THE APPLICANT, BY OCTOBER 1, 1993 OR WITHIN 30
CALENDAR DAYS AFTER THE AGENCY RECEIVES THE
APPLICATION UNDER THIS SECTION, WHICHEVER
OCCURS FIRST, THAT:
A) THE APPLICATION IS INCOMPLETE; OR
B) THE APPLICANT MUST SUBMIT AN APPLICATION
FOR A LATERAL EXPANSION PURSUANT TO
SECTION21(t) OF THE ACT.
c) AN INTERIM PERMIT OR AN INTERIM PERMIT MODIFICATION
DEEMED ISSUED UNDER THIS SECTION AND SECTION 22.42 OF
THE ACT TO AN EXISTING MSWLF UNTIL SHALL EXPIRE UPON
THE OCCURENCE OF THE FOLLOWING, WHICHEVER OCCURS
FIRST:
1) SIX CALENDAR YEARS FROM THE DATE UPON WHICH
THE INTERIM PERMIT OR INTERIM PERMIT
MODIFICATION WAS DEEMED TO BE ISSUED UNDER
THIS SECTION AND SECTION 22.42 OF THE ACT, EXCEPT
THAT IN THE EVENT THAT THE AGENCY IS REVIEWING
AN APPLICATION FOR A PERMIT OR A SIGNIFICANT
MODIFICATION OF A PERMIT FOR THE MSWLF UNIT, OR
IN THE EVENT THAT A BOARD REVIEW OF A PERMIT
DENIAL OR CONDITIONS OF A PERMIT OR SIGNIFICANT
MODIFICATION OF THE PERMIT FOR THE MSWLF UNIT
PURSUANT TO SECTION 40 OR 41 OF THE ACT IS
PENDING AT THE END OF 6 CALENDAR YEAR PERIOD,
THE INTERIM PERMIT OR INTERIM PERMIT
MODIFICATION SHALL EXPIRE UPON THE ISSUANCE OF
THE AGENCY'S FINAL ACTION ON THE APPLICATION OR
UPON THE CONCLUSION OF THE BOARD PROCEEDING
UNDER SECTIONS 40 OR 41 OF THE ACT, INCLUDING THE
EXHAUSTION OF ALL RIGHTS OF APPEAL OF THE
PARTIES TO THE PROCEEDING.
2) FINAL ACTION BY THE AGENCY ON AN APPLICATION
FOR A PERMIT OR SIGNIFICANT MODIFICATION OF A
PERMIT ON OR AFTER OCTOBER 9, 1993, FOR THE MSWLF
UNIT WHERE THE AGENCY NOTIFIES THE APPLICANT
THAT THE AGENCY'S REVIEW OF THE APPLICATION
INCLUDED A REVIEW OF THE MSWLF UNIT'S
COMPLIANCE WITH BOARD RULES ADOPTED UNDER
SECTION 22.40 OR 22.41 OF THE ACT.
3) THE BOARD REVOKES THE INTERIM PERMIT OR THE
INTERIM PERMIT MODIFICATION DEEMED ISSUED
UNDER THIS SECTION AND SECTION 22.42 OF THE ACT
IN AN ENFORCEMENT ACTION BROUGHT UNDER THE
ACT. (Section 22.42 of the Act.)
(Source: Added in R93-10 at 18 Ill. Adm. Code 1284, effective January 13, 1994)
Section 814.109 Permit Modification Requirements for Lateral Expansions
at Existing MSWLF Units
a) NO PERSON SHALL CAUSE OR ALLOW A LATERAL EXPANSION
OF A MUNICIPAL SOLID WASTE LANDFILL UNIT ON OR AFTER
OCTOBER 9, 1993, WITHOUT A PERMIT MODIFICATION,
GRANTED BY THE AGENCY, THAT AUTHORIZES THE LATERAL
EXPANSION. (Section 21(t) of the Act.)
b) An owner or operator of an existing MSWLF unit seeking a lateral
expansion shall submit to the agency an application for a permit
modification using the forms specified by the Agency.
c) An owner or operator of an existing MSWLF unit operating under a
permit modified pursuant to Section 814.104 shall submit the information
required by 35 Ill. Adm. Code 811 and 812 to demonstrate compliance
with the additional requirements prescribed for lateral expansions under
Subpart C or Subpart D, whichever is applicable.
d) An owner or operator of an existing MSWLF unit operating under a
permit issued pursuant to 35 Ill. Adm. Code 813 shall submit the
information required by 35 Ill. Adm. Code 811 and 812 to demonstrate
compliance with the additional requirements prescribed for existing
MSWLF units under Section 814.Subpart C.
e) An owner or operator of an existing MSWLF unit operating in accordance
with Section 814.105 under a permit issued pursuant 35 Ill. Adm. Code
807 shall submit the information required by Section 814.Appendix A to
demonstrate compliance with the specific Subtitle D standards listed in
Appendix A.
f) The application shall be made pursuant to the permit modification
procedures of 35 Ill. Adm. Code 813 or 807, whichever is applicable.
BOARD NOTE: The Board envisions that the informational requirements for existing
MSWLF units with permits issued pursuant to 35 Ill. Adm. Code 813 and 814
(subsection (c) and (d)) will be minimal, since most of the information required by Parts
811 and 812 would have been submitted to the Agency along with the application for a
new permit or a significant modification of an existing permit.
(Source: Added in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994)
SUBPART B: STANDARDS FOR UNITS ACCEPTING INERT WASTE
Section 814.201 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that have accepted or accept only inert
waste. Based on an evaluation of the information submitted pursuant to
Subpart A and any Agency site inspection, units that meet the
requirements of this Subpart may remain open for an indefinite period of
time after the effective date of this Part.
b) Based on an evaluation of the information submitted pursuant to Subpart
A and any Agency site inspection, units which are unable to comply with
the requirements of this Subpart are subject to the requirements of Subpart
D.
Section 814.202 Applicable Standards
Units which accept only inert waste shall be subject to all of the requirements of 35 Ill.
Adm. Code 811.Subparts A and B.
SUBPART C: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL
AND PUTRESCIBLE WASTES THAT MAY REMAIN OPEN FOR MORE THAN
SEVEN YEARS
Section 814.301 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that have accepted or accept chemical and
putrescible wastes. Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspection, units that meet the
requirements of this Subpart may remain open for an indefinite period of
time beyond seven years after the effective date of this Part.
b) Based on an evaluation of the information submitted pursuant to Subpart
A and any Agency site inspection, units which are unable to comply with
the requirements of this Subpart are subject to the requirements of Subpart
D or Subpart E.
Section 814.302 Applicable Standards
a) All of the requirements for new units described in 35 Ill. Adm. Code 811
shall apply to units regulated under this Subpart except the following:
1) The location standards in 35 Ill. Adm. Code 811.302(a), (d), (e)
and (f);
2) The foundation and mass stability analysis standards in 35 Ill.
Adm. Code 811.304 and 811.305;
3) The final cover requirements of 35 Ill. Adm. Code 811.314 shall
not apply to units or parts of units closed, covered and vegetated
prior to the effective date of this Part.
4) The liner and leachate drainage and collection requirements of 35
Ill. Adm. Code 811.306, 811.307, and 811.308; and
5) The hydrogeological site investigation requirements of 35 Ill.
Adm. Code 811.315, except that information shall be collected to
implement a groundwater monitoring program in accordance with
35 Ill. Adm. Code 811.318 and 811.319 and establish background
concentrations for the purpose of establishing water quality
standards pursuant to 35 Ill. Adm. Code 811.320; and
b) Units regulated under this Subpart shall be subject to the following
standards:
1) The unit must be equipped with a system which will effectively
drain and collect leachate and transport it to a leachate
management system.
2) The owner or operator shall provide a long-term static safety factor
of at least 1.5 to protect a completed unit against slope failure.
3) Calculation of the Design Period For the purposes of calculating
financial assurance for existing landfills, other than existing
MSWLF units and lateral expansions, the design period shall be
calculated as follows:
A) The design period shall be no less than the operating life of
the landfill plus fifteen years of postclosure care;
B) The postclosure care period shall be extended by three
years for each year the unit is expected to be in operation
up to the applicable design period required by 35 Ill. Adm.
Code 811 (For example, an existing unit with expected
operating lives of three, seven or 12 years after the
effective date of this Part would be required to provide
financial assurance during operation and for a postclosure
care period of either 15 years since 3 x 3 = 9 years is less
than the 15 year minimum specified in subsection
(b)(3)(A); 21 years since 3 x 7 = 21 years; or 30 years since
3 x 13 = 39 years is greater than the 30 years specified in
Section 811.303(a), respectively); and
C) The design period may not be reduced as allowed by 35 Ill.
Adm. Code 811.303(b) and (c).
c) Airport Safety Requirements for existing MSWLF units and lateral
expansions.
1) An owner or operator of an existing MSWLF unit or a lateral
expansion that is located within 10,000 feet (3,048 meters) of any
airport runway end used by turbojet aircraft or within 5,000 feet
(1,524 meters) of any airport runway end used by only piston-type
aircraft shall:
A) Demonstrate that the unit is designed and operated so that
the MSWLF unit does not pose a bird hazard to aircraft;
and
B) Place the demonstration required by subsection (c)(1)(A) of
this section in the operating record and submit a copy of the
demonstration to the Agency.
2) An owner or operator of an existing MSWLF unit seeking a lateral
expansion within a five-mile radius of any airport runway end used
by turbojet or piston-type aircraft shall notify the affected airport
and the Federal Aviation Administration (FAA).
3) For purposes of this Section:
A) "Airport" means public-use airport open to the public
without prior permission and without restrictions within the
physical capacities of available facilities.
B) "Bird hazard" means an increase in the likelihood of
bird/aircraft collisions that may cause damage to the
aircraft or injury to its occupants.
d) Notwithstanding any exemptions under subsection (a), existing MSWLF
units shall be subject to the foundation and mass stability standards at 35
Ill. Adm. Code 811.304, 811.305 and 811.306(b).
e) Notwithstanding any exemptions under subsection (a) or any requirements
under subsection (b), lateral expansions at existing MSWLF units shall be
subject to the following requirements:
1) The foundation and mass stability standards at 35 Ill. Adm. Code
811.304 and 811.305;
2) The liner and leachate drainage and collection requirements at 35
Ill. Adm. Code 811.306, 811.307, and 811.308; and
3) The groundwater impact assessment requirements at 35 Ill. Adm.
Code 811.317
f) Existing MSWLF units that are unable to meet the location restrictions
pertaining to floodplains and airports specified at Sections 814.302(a) and
814.302(c), or the foundation and mass stability standards specified at
Section 814.302(d) shall close by October 9, 1996. Such units shall
comply with all of the applicable standards of this Part including closure
and postclosure care activities.
g) The deadline for closure of required by subsection (f) of this Section may
be extended up to two years if the owner or operator of an existing
MSWLF unit demonstrates to the Agency that:
1) There is no available alternative disposal capacity; and
2) There is no immediate threat to human health and the environment.
BOARD NOTE: Subsection (c) is derived from 40 CFR 258.10 (1992.
Subsections (f) and (g) are derived from 40 CFR 258.16 (1992).
(Source: Amended in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994)
SUBPART D: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL
AND PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN
SEVEN YEARS
Section 814.401 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that have accepted or accept chemical and
putrescible wastes. Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspection, units that meet the
requirements of this Subpart shall initiate closure between two and seven
years after the effective date of this Part.
b) Based on an evaluation of the information submitted pursuant to Subpart
A and any Agency site inspection, units which are unable to comply with
the requirements of this Section are subject to the requirements of Subpart
E.
Section 814.402 Applicable Standards
a) All of the requirements for new units described in 35 Ill. Adm. Code 811
shall apply to units regulated under this Subpart except the following:
1) The location standards in 35 Ill. Adm. Code 811.302(a), (c), (d),
(e), and (f);
2) The foundation and mass stability analysis standards in 35 Ill.
Adm. Code 811.304 and 811.305;
3) The liner and leachate drainage and collection requirements of 35
Ill. Adm. Code 811.306, 811.307, and 811.308;
4) The final cover requirements of 35 Ill. Adm. Code 811.314 shall
not apply to units or parts of units closed, covered and vegetated
prior to the effective date of this Part;
5) The hydrogeological site investigation requirements of 35 Ill.
Adm. Code 811.315;
6) The groundwater impact assessment standards of 35 Ill. Adm.
Code 811.317;
7) The groundwater monitoring program requirements of 35 Ill. Adm.
Code 811.318(c); and
8) The groundwater quality standards of 35 Ill. Adm. Code
811.320(a), (b) and (c).
b) The following standards shall apply to units regulated under this Subpart:
1) No new units shall be opened and an existing unit may not expand
beyond the area included in a permit prior to the effective date of
this Part or, in the case of permit exempt facilities, beyond the area
needed for landfilling to continue until closure is initiated;
2) After the effective date of this Part, the unit may not apply for
supplemental wastestream permits to accept new special wastes.
However, the unit may continue to accept special waste under
permits existing prior to the effective date of this Part and may
renew those permits as necessary.
3) Groundwater Standards
A unit shall not contaminate a source of drinking water at the
compliance boundary, defined as any point on the edge of the unit
at or below the ground surface. At any point on the compliance
boundary, the concentration of constituents shall not exceed the
water quality standards specified in 35 Ill. Adm. Code 302.301,
302.303, 302.304, and 302.305. The Board may provide for a zone
of attenuation and adjust the compliance boundary in accordance
with Section 28.1 of the Act and the procedures of 35 Ill. Adm.
Code 106.Subpart G upon petition demonstration by the owner or
operator that the alternative compliance boundary will not result in
contamination of groundwater which may be needed or used for
human consumption. In reviewing such petitions, the Board will
consider the following factors:
A) The hydrogeological characteristics of the unit and
surrounding land, including any natural attenuation and
dilution characteristics of the aquifer;
B) The volume and physical and chemical characteristics of
the leachate;
C) The quantity, quality, and direction of flow of groundwater
underlying the facility;
D) The proximity and withdrawal rates of groundwater users;
E) The availability of alternative drinking water supplies;
F) The existing quality of the groundwater, including other
sources of contamination and their cumulative impacts on
the groundwater;
G) Public health, safety, and welfare effects; and
H) In no case shall the zone of compliance extend beyond the
facility property line or beyond the annual high water mark
of any navigable surface water.
I) Notwithstanding the limitations of subsection
814.402(b)(3)(H), in no case shall the zone of compliance
at an existing MSWLF unit extend beyond 150 meters from
the edge of the unit.
4) Calculation of the Design Period
For the purposes of calculating financial assurance for existing
landfills, other than existing MSWLF units and lateral expansions,
the design period shall be calculated as follows:
A) The design period shall be no less than five years; and
B) The postclosure care period shall be extended by three
years for each year the unit is expected to be in operation
up to the applicable design period required by 35 Ill. Adm.
Code 811. (For example, an existing unit with an expected
life of three years after the effective date of this Part would
be required to provide financial assurance for nine years of
postclosure care, 9 = 3 x 3.)
C) The design period may not be reduced as allowed by 35 Ill.
Adm. Code 811.303(b) and (c).
c) Airport Safety Requirements for existing MSWLF units and lateral
expansions.
1) An owner or operator of an existing MSWLF unit or a lateral
expansion that is located within 10,000 feet (3,048 meters) of any
airport runway end used by turbojet aircraft or within 5,000 feet
(1,524 meters) of any airport runway end used by only piston-type
aircraft shall:
A) Demonstrate that the unit is designed and operated so that
the MSWLF unit does not pose a bird hazard to aircraft;
and
B) Place the demonstration required by subsection (c)(1)(A) of
this Section in the operating record and submit a copy of
the demonstration to the Agency.
2) An owner or operator of an existing MSWLF unit seeking a lateral
expansion within a five-mile radius of any airport runway end used
by turbojet or piston-type aircraft shall notify the affected airport
and the Federal Aviation Administration (FAA).
3) For purposes of this Section:
A) "Airport" means public-use airport open to the public
without prior permission and without restrictions within the
physical capacities of available facilities.
B) "Bird hazard" means an increase in the likelihood of
bird/aircraft collisions that may cause damage to the
aircraft or injury to its occupants.
d) Notwithstanding any exemptions under subsection (b), existing MSWLF
units shall be subject to the foundation and mass stability standards at 35
Ill. Adm. Code 811.304, 811.305, and 811.306(b).
e) Notwithstanding any exemptions under subsection (a) or any requirements
under subsection (b), lateral expansions at existing MSWLF units shall be
subject to the following requirements:
1) The foundation and mass stability standards at 35 Ill. Adm. Code
811.304 and 811.305;
2) The liner and leachate drainage and collection requirements at 35
Ill. Adm. Code 811.306, 811.307, and 811.308; and
3) The groundwater impact assessment requirements at 35 Ill. Adm.
Code 811.317, if the unit is equipped with a compacted earth liner
in accordance with Section 811.306(d).
4) The groundwater monitoring systems requirements at 35 Ill. Adm.
Code 811.318;
5) The groundwater quality standards at 35 Ill. Adm. 811.320.
f) Existing MSWLF units that are unable to meet the location restrictions
pertaining to floodplains and airports specified at Sections 814.302(a) and
302(c) following or the foundation and mass stability standards specified
at Section 814.302(d) shall close by October 9, 1996. Such units shall
comply with all of the applicable standards of this Part including closure
and postclosure care activities.
g) The deadline for closure of required by subsection (f) of this section may
be extended up to two years if the owner or operator of an existing
MSWLF unit demonstrates to the Agency that:
1) There is no available alternative disposal capacity; and
2) There is no immediate threat to human health and the environment.
BOARD NOTE: Subsection 814.402(b)(3)(H) implements the compliance
zone distance requirement specified at 40 CFR 258.40(d) (1992).
Subsection (c) is derived from 40 CFR 258.10. Subsections (f) and (g) are
derived from 40 CFR 258.16 (1992).
(Source: Amended in R93-10 at 18 Ill. Reg. 1284, effective January 13, 1994)
SUBPART E: STANDARDS FOR EXISTING UNITS ACCEPTING INERT
WASTE ONLY, OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES
THAT MUST INITIATE CLOSURE WITHIN TWO YEARS
Section 814.501 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that accept inert waste only, or which
accept chemical and putrescible wastes.
b) All units that cannot demonstrate compliance with the requirements of
Subpart B, Subpart C or Subpart D are scheduled to begin closure within
two years of the effective date of this Part must begin closure within two
years of the effective date of this Part.
c) A new permit shall not be required for any facility at which all units will
close within two years of the effective date of this Part.
(Source: Amended in R93-10 at 18 Ill. 1284, effective January 13, 1994)
Section 814.502 Standards for Operation and Closure
a) All units regulated in this Subpart are subject to all requirements in 35 Ill.
Adm. Code 807.
b) All units regulated under this Subpart are subject to all conditions of the
existing permit.
SUBPART F: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY LOW
RISK WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES THAT MAY
REMAIN OPEN FOR MORE THAN SEVEN YEARS
Section 814.601 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in
accordance with Section 21(d) of the Act, that have accepted or accept
low risk wastes and are classified as low risk waste landfill in
accordance with subsection (c) of this Section. Based on an evaluation of
the information submitted pursuant to Subpart A of this Part and any
Agency site inspection, units that meet the requirements of this Subpart
may remain open for an indefinite period of time beyond seven years after
September 18, 1990.
b) Based on an evaluation of the information submitted pursuant to
Subpart A of this Part and any Agency site inspection, units which are
unable to comply with the requirements of this Subpart are subject to the
requirements of Subpart G or Subpart H of this Part.
c) An owner or operator shall demonstrate that the existing landfill unit is a
low risk waste landfill unit pursuant to 35 Ill. Adm. Code 817.105 and
817.106 as follows:
1) Collecting a representative sample of undiluted and unattenuated
landfill leachate obtained in accordance with 35 Ill. Adm. Code
817.103(b)(3); or
2) Extracting leachate from representative core samples obtained
from the existing unit. The core samples shall be individually
extracted by using ASTM Method D3987-85 specified in 35 Ill.
Adm. Code 817.103(a) and the resulting leachate shall be used
for waste classification purposes.
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
Section 814.602 Applicable Standards
a) All of the requirements for new units described in 35 Ill. Adm. Code 817
shall apply to units regulated under this Subpart except the following:
1) The location standards in 35 Ill. Adm. Code 817.402(a) and (d);
2) The foundation and mass stability analysis standards in 35 Ill.
Adm. Code 817.404 and 817.405;
3) The final cover requirements of 35 Ill. Adm. Code 817.410 shall
not apply to units or parts of units closed, covered, and vegetated
prior to August 1, 1994;
4) The liner and leachate drainage and collection requirements of 35
Ill. Adm. Code 817.406, 817.407, and 817.408; and
5) The hydrogeological site investigation requirements of 35 Ill.
Adm. Code 817.411, except that information shall be collected to
implement a groundwater monitoring program in accordance with
35 Ill. Adm. Code 817.414 and 817.415 and establish background
concentrations for the purpose of establishing maximum allowable
predicted concentrations pursuant to 35 Ill. Adm. Code 817.414.
b) Units regulated under this Subpart shall be subject to the following
standards:
1) The unit must be equipped with a system which will effectively
drain and collect leachate and transport it to a leachate
management system. However, if the facility can provide proof
that the applicable groundwater quality standards, as provided at
35 Ill. Adm. Code 817.416(a)(1), will not be exceeded at the
compliance boundary, no leachate collection or transport system
shall be required. At a minimum, such proof shall include a
groundwater impact assessment performed in accordance with 35
Ill. Adm. Code 817.413;
2) The operator shall provide a long-term static safety factor of at
least 1.5 to protect a completed unit against slope failure;
3) Calculation of the Design Period. For the purpose of calculating
financial assurance, the design period shall be calculated as
follows:
A) The design period shall be no less than the operating life of
the landfill plus 15 years of postclosure care;
B) The postclosure care period shall be extended by three
years for each year the unit is expected to be in operation
up to the applicable design period required by 35 Ill. Adm.
Code 817. (For example, an existing unit with an expected
operating life of three or seven years after September 18,
1990 would be required to provide financial assurance
during operation and for a postclosure care period of either
15 years since 3 x 3 = 9 years is less than the 15 year
minimum specified in subsection (b)(3)(A); or 20 years
since 3 x 7 = 21 years is greater than the 20 years specified
in Section 817.403(a), respectively.)
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
SUBPART G: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY LOW
RISK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES THAT MUST
INITIATE CLOSURE WITHIN SEVEN YEARS
Section 814.701 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that have accepted or accept low risk wastes
and are classified as low risk waste landfill in accordance with subsection
(c) below. Based on an evaluation of the information submitted pursuant
to Subpart A of this Part and any Agency site inspection, units that meet
the requirements of this Subpart shall initiate closure between two and
seven years after August 1,1994.
b) Based on an evaluation of the information submitted pursuant to Subpart
A of this Part and any Agency site inspection, units which are unable to
comply with the requirements of this Section are subject to the
requirements of Subpart H of this Part.
c) An owner or operator shall demonstrate that the existing landfill unit is a
low risk waste landfill unit pursuant to 35 Ill. Adm. Code 817.105 and
817.106 as follows:
1) Collecting a representative sample of undiluted and unattenuated
landfill leachate obtained in accordance with 35 Ill. Adm. Code
817.103(b)(3); or
2) Extracting leachate from representative core samples obtained
from the existing unit. The core samples shall be individually
extracted by using ASTM Method D3987-85 specified in 35 Ill.
Adm Code 817.103(a) and the resulting leachate shall be used for
waste classification purposes.
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
Section 814.702 Applicable Standards
a) All of the requirements for new units described in 35 Ill. Adm. Code 817
shall apply to units regulated under this Subpart, except the following:
1) The location standards in 35 Ill. Adm. Code 817.402(a), (c) and
(d);
2) The foundation and mass stability analysis standards in 35 Ill.
Adm. Code 817.404 and 817.405;
3) The final cover requirements of 35 Ill. Adm. Code 817.407 shall
not apply to units or parts of units closed, covered, and vegetated
prior to August 1, 1994;
4) The line and leachate drainage and collection requirements of 35
Ill. Adm. Code 817.406, 817.407, and 817.408;
5) The hydrogeological site investigation requirements of 35 Ill.
Adm. Code 817.411;
6) The groundwater impact assessment standards of 35 Ill. Adm.
Code 817.413;
7) The groundwater monitoring program requirements of 35 Ill. Adm.
Code 817.414(c); and
8) The groundwater quality standards of 35 Ill. Adm. Code
817.416(a), (b), and (c).
b) The following standards shall apply to units regulated under this Subpart:
1) No new units shall be opened and an existing unit may not expand
beyond the area included in a permit prior to August 1, 1994 or, in
the case of permit exempt facilities, beyond the area needed for
landfilling to continue until closure is initiated;
2) After August 1, 1994, the unit may continue to accept special
waste under permits existing prior to August 1, 1994 and may
renew those permits as necessary. However, the unit may apply for
supplemental waste stream permits only if the following conditions
are met:
A) The additional waste stream composition is similar to or
compatible with the wastes previously disposed of in the
unit; and
B) the waste stream leaching characteristics determined in
accordance with 35 Ill. Adm. Code 817.103 meets the
maximum allowable leaching concentrations for low risk
wastes specified at 35 Ill. Adm. Code 817.106.
3) Groundwater Standards. A unit shall not contaminate a source of
drinking water at the compliance boundary, defined as any point
on the edge of the unit at or below the ground surface. At any
point on the compliance boundary, the concentration of
constituents shall not exceed the applicable groundwater quality
standards of 35 Ill. Adm. Code Part 620. The Board may provide
for a zone of attenuation and adjust the compliance boundary in
accordance with Section 28.1 of the Act and the procedures of 35
Ill. Adm. Code 106.Subpart G upon petition demonstration by the
operator that the alternative compliance boundary will not result in
contamination of groundwater which may be needed or used for
human consumption. In reviewing such petitions, the Board will
consider the following factors:
A) The hydrogeological characteristics of the unit and
surrounding land, including any natural attenuation and
dilution characteristics of the aquifer;
B) The volume and physical and chemical characteristics of
the leachate;
C) The quantity, quality, and direction of flow of groundwater
underlying the facility;
D) The proximity and withdrawal rates of groundwater users;
E) The availability of alternative drinking water supplies;
F) The existing quality of the groundwater, including other
sources of contamination and their cumulative impacts on
the groundwater;
G) Public health, safety, and welfare effects; and
H) In no case shall the zone of compliance extend beyond the
facility property line or beyond the annual high water mark
of any navigable surface water.
4) Calculation of the Design Period. For the purposes of
calculating financial assurance, the design period shall be
calculated as follows:
A) The design period shall be no less than five years; and
B) The postclosure care period shall be extended by three
years for each year the unit is expected to be in operation
up to the applicable design period required by 35 Ill. Adm.
Code 817. (For example, an existing unit with an expected
life of three years after September 18, 1990 would be
required to provide financial assurance for nine years of
postclosure care, 9 = 3 x 3.)
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
SUBPART H: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY
POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE, OR
ACCEPTING ONLY LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES
THAT MUST INITIATE CLOSURE WITHIN TWO YEARS
Section 814.801 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that accept potentially usable waste only or
which accept low risk wastes.
b) All units that cannot demonstrate compliance with the requirements of
Subparts B, F, or G of this Part, or that are scheduled to begin closure
within two years after August 1, 1994, must begin closure within two
years after August 1, 1994.
c) A new permit shall not be required for any facility at which all units will
close within two years after August 1, 1994.
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
Section 814.802 Standards for Operation and Closure
a) All units regulated in this Subpart are subject to all requirements in 35 Ill.
Adm. Code 807.
b) All units regulated under this Subpart are subject to all conditions of the
existing permit.
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
SUBPART I: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY
POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE THAT
PLAN TO STAY OPEN FOR MORE THAN TWO YEARS
Section 814.901 Scope and Applicability
a) The standards in this Subpart are applicable to all existing units of
landfills, including those exempt from permit requirements in accordance
with Section 21(d) of the Act, that accept only potentially usable waste
and are classified as potentially usable waste landfills in accordance with
subsection (c) below. Based on an evaluation of the information submitted
pursuant to Subpart A of this Part and any Agency site inspection, units
that meet the requirements of this Subpart may remain open for an
indefinite period of time after August 1, 1994.
b) Based on an evaluation of the information submitted pursuant to Subpart
A of this Part and any Agency site inspection, units which are unable to
comply with the requirements of this Section are subject to the
requirements of Subpart H of this Part.
c) An owner or operator shall demonstrate that the existing landfill unit is a
potentially usable waste landfill unit pursuant to 35 Ill. Adm. Code
817.105 and 817.106 as follows:
1) Collecting a representative sample of undiluted and unattenuated
landfill leachate obtained in accordance 35 Ill. Adm. Code
817.103(b)(3); or
2) Extracting leachate from representative core samples obtained
from the existing unit. The core samples shall be individually
extracted by using ASTM method D3987-85 specified in 35 Ill.
Adm. Code 817.103(a) and the resulting leachate shall be used for
waste classification purposes.
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
Section 814.902 Standards for Operation and Closure
a) All units regulated in this Subpart are subject to all requirements in 35 Ill.
Adm. Code 817.Subpart C.
b) If an owner or operator of a unit regulated under this Subpart is unable to
obtain the representative leachate samples required pursuant to 35 Ill.
Adm. Code 817.305(a), representative core samples shall be taken at
appropriate locations in the unit. Each sample shall be individually
subjected to ASTM Method D3987-85 extraction procedure prescribed in
35 Ill. Adm. Code 817.103(a). The resulting leachate from the extraction
procedure shall be substituted for that to be collected pursuant to 35 Ill.
Adm. Code 817.305(a).
(Source: Added at 18 Ill. Reg. 12471, effective August 1, 1994)
Section 814.APPENDIX A Additional Requirements for Existing MSWLF
Units and Lateral Expansions Operating Under
Permits Issued Pursuant to 35 Ill. Adm. Code
807
a) An existing MSWLF unit operating under a permit issued pursuant to 35
Ill. Adm. Code 807 shall comply with the following requirements of the
federal Subtitle D standards under 40 CFR 258 (1992) until the unit's
permit is modified in accordance with Section 814.104:
1) Location restrictions:
A) 40 CFR 258.10 (a) and (c);
B) 40 CFR 258.11 (a);
C) 40 CFR 258.15;
D) 40 CFR 258.16 (a);
2) Operating standards:
A) 40 CFR 258.20;
B) 40 CFR 258.23;
C) 40 CFR 258.26;
D) 40 CFR 258.27;
E) 40 CFR 258.28;
F) 40 CFR 258.29 (a) and (c);
3) Closure and postclosure care:
A) 40 CFR 258.60 (c)(2) and (c)(3), (d), (f), (g) and (i);
B) 40 CFR 258.61 (a), (c)(3) and (d);
4) Financial assurance requirements:
A) 40 CFR 258.70(a);
B) 40 CFR 258.71 (a)(2);
C) 40 CFR 258.72(a)(1) and (a)(2);
D) 40 CFR 258.73; and
E) 40 CFR 258.74.
b) In addition to the requirements of subsection (a), all existing MSWLF
units, including municipally owned and operated on-site facilities, shall
comply with the financial assurance requirements specified at 35 Ill. Adm.
Code 807.Subpart F.
c) A lateral expansion at an existing MSWLF unit operating under a permit
issued pursuant to 35 Ill. Adm. Code 807 shall comply with the following
requirements of the federal Subtitle D standards under 40 CFR 258 (1992)
until the unit's permit is modified in accordance with Section 814.104:
1) Location restrictions:
A) 40 CFR 258.10 (a), (b) and (c);
B) 40 CFR 258.11 (a);
C) 40 CFR 258.12 (a);
D) 40 CFR 258.13;
E) 40 CFR 258.14;
F) 40 CFR 258.15;
G) 40 CFR 258.16 (a);
2) Operating standards:
A) 40 CFR 258.20;
B) 40 CFR 258.23;
C) 40 CFR 258.26;
D) 40 CFR 258.27;
E) 40 CFR 258.28;
F) 40 CFR 258.29(a) and (c);
3) Closure and postclosure care:
A) 40 CFR 258.60(c)(2) and (c)(3), (d), (f), (g) and (i);
B) 40 CFR 258.61 (a), (c)(3) and (d);
4) Financial assurance requirements:
A) 40 CFR 258.70(a);
B) 40 CFR 258.71 (a)(2);
C) 40 CFR 258.72 (a)(1) and (a)(2);
D) 40 CFR 258.73; and
E) 40 CFR 258.74.
c) In addition to the requirements of subsection (b) of this appendix, a lateral
expansion at an existing MSWLF unit operating under a permit issued
pursuant to 35 Ill. Adm. Code 807 shall comply with the following
requirements:
1) Flexible membrane liner requirements prescribed at 35 Ill. Adm.
Code 811.306(d)(5)(A); and
2) All existing MSWLF units including municipally owned and
operated and on-site facilities shall with the financial assurance
requirements specified at 35 Ill. Adm. Code 807.Subpart F.
(Source: Added in R93-10 at 18 Ill. 1284, effective January 13, 1994)