Microsoft Word - R04-005 Opinion and Order 031804

ILLINOIS POLLUTION CONTROL BOARD

March 18, 2004

IN THE MATTER OF: )

)

RCRA SUBTITLE D UPDATE, USEPA ) R04-5

REGULATIONS (January 1, 2003, through ) (Identical-in-Substance

June 30, 2003) ) Rulemaking - Land)

________________________________________

)

RCRA SUBTITLE D UPDATE, USEPA ) R04-15

REGULATIONS (July 1, 2003, through ) (Identical-in-Substance

December 31, 2003) ) Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

PROPOSED OPINION AND ORDER OF THE BOARD (by G.T. Girard):

This identical-in-substance rulemaking would update the Illinois municipal solid waste

landfill (MSWLF) regulations to incorporate revisions to the federal regulations. The federal

amendments that prompted this action were made by the United States Environmental Protection

Agency (USEPA) during the two update periods of January 1, 2003 through June 30, 2003, and

July 1, 2003 through December 31, 2003. This proceeding proposes amendments to 35 Ill. Adm.

Code 810 and 811. The principal amendments relate to disposal of residential lead-based paint

waste and location of new MSWLF units near airports. This proposal for public comment would

also make a limited number of non-substantive corrections and stylistic revisions to segments of

the text covered by the federal amendments.

As explained below, for reasons of administrative economy, the Board is consolidating

dockets R04-5 and R04-15. The caption in today’s order reflects this consolidation.

Sections 7.2 and 22.40(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

22.40(a) (2002)) require the Board to adopt amendments to the Illinois regulations that are

“identical-in-substance” to MSWLF adopted by the United States Environmental Protection

Agency (USEPA). These USEPA rules implement Subtitle D of the Resource Conservation and

Recovery Act of 1976, 42 U.S.C §§ 6941-6949, (RCRA Subtitle D).

Sections 7.2 and 22.40(a) of the Act provides for quick adoption of regulations that are

“identical-in-substance” to federal regulations that USEPA adopts to implement Sections 4004

and 4010 of RCRA, 42 U.S.C. §§ 6944 and 6949a (1996). Section 22.40(a) of the Act also

provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5

ILCS 100/5-35 & 5-40 (1996)) do not apply to the Board’s adoption of identical-in-substance

regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 258.

The Board will cause the proposed amendments to be published in the

Illinois Register

and will hold the docket open to receive public comments for 45 days after the date of

publication. The Board presently expects to adopt final rules based on this proposal for public

comment by the regularly scheduled meeting of June 3, 2004.

CONSOLIDATION OF DOCKETS R04-5 AND R04-15

The Board hereby consolidates its consideration of the R04-5 and R04-15 RCRA Subtitle

D update dockets in the interests of administrative economy. The sets of amendments involved

are relatively small in volume. The consolidation of those two dockets will expedite the

amendment of all the regulations involved at a reduced cost to the State. The caption reflects

this addition.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

USEPA amended the federal RCRA Subtitle D MSWLF regulations once during the

nominal January 1, 2003 through June 30, 2003 period of docket R04-5. That single action is

summarized as follows:

68 Fed. Reg. 36487 (June 18, 2003)

USEPA amended key definitions to allow disposal of residential lead-based paint waste

that is not hazardous waste in a construction and demolition landfill that does not accept

other household waste.

USEPA amended the federal RCRA Subtitle D MSWLF regulations once during the

nominal July 1, 2003 through December 31, 2003 period of docket R04-15. That single action is

summarized as follows:

68 Fed. Reg. 59333 (October 15, 2003)

USEPA amended the rules to add a note referencing the adoption of the Wendell H. Ford

Aviation Investment Act prohibiting location of a new landfill within six miles of a

certain public airports.

The Board is proposing to amend the Illinois regulations to incorporate the two sets of

federal amendments relating to disposal of residential lead-based paint waste and location of new

MSWLF units in the vicinity of public airports.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 45 days

following its publication in the

Illinois Register

. After that time, the Board will immediately

consider adoption of the amendments, making any necessary changes made evident through the

public comments. The Board will file any adopted rules with the Secretary of State immediately

after adoption, so they may become effective as soon as possible. The complete text of the

proposed amendments appears in the order segment of this opinion and order.

TIMETABLE FOR COMPLETION OF THIS RULEMAKING

Under Section 7.2 of the Act (415 ILCS 5/7.2(b) (2002)), the Board must complete this

rulemaking within one year of the date of the earliest set of federal amendments considered in

this docket. USEPA adopted the earliest federal amendments that required Board attention on

June 18, 2003, so that the deadline for Board adoption of these amendments is June 18, 2004.

The Board scheduled adoption of this proposal for public comment for the Board meeting of

March 18, 2004, to allow for timely adoption of the rule around June 3, 2004. This will allow

filing of these amendments after June 14, 2004, and before the June 18, 2004 deadline.

Considering the proposal of these amendments on this date, the Board projects the

following will occur in the progress towards completion of these amendments:

Due date: June 18, 2004

Date of Board vote to propose amendments: March 18, 2004

Submission for

Illinois Register

publication: March 29, 2004

Probable

Illinois Register

publication date: April 9, 2004

End of 45-day public comment period: May 24, 2004

Date of Board vote to adopt amendments: June 3, 2004

Probable filing and effective date: June 14, 2004

Probable

Illinois Register

publication date: June 25, 2004

DISCUSSION

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting identical-in-substance rules. It is

followed by a discussion of the amendments and actions undertaken in direct response to the

federal actions involved in this proceeding. This first series of discussions is organized by

federal subject matter, generally appearing in chronological order of the relevant

Federal

Register

notices involved. Finally, this discussion closes with a description of the amendments

and actions that are not directly derived from the federal actions.

Discussion of the Particular Federal Actions Involved in This Docket

Disposal of Residential Lead-Based Waste in Construction and Demolition Landfills--

Section 810.103

The USEPA action of June 18, 2003 (68 Fed. Reg. 36487) related to disposal of

residential lead-based paint waste in construction and demolition landfills. USEPA added

definitions to its regulations of “residential lead-based paint waste” and “construction and

demolition landfill.” USEPA further amended the definition of MSWLF to exclude a

construction and demolition (C & D) landfill.

Residential lead-based paint waste is defined as waste that contains lead-based paint that

was generated in the course of abatement, rehabilitation, renovation, and remodeling activities in

homes or other residential units. The term includes lead-based paint debris, chips, dust, and

sludges.

A C & D landfill is defined as one that meets the 40 C.F.R. 257 general requirements for

land disposal facilities or for disposal of conditionally exempt small quantity generator waste. A

C & D landfill may not also receive hazardous waste or industrial solid waste. The federal

definition states that a C & D landfill typically receives roadwork material, excavated material,

demolition waste, construction and renovation waste, and site clearing waste.

The Board incorporated the June 18, 2003 federal amendments without substantive

deviation from the corresponding federal text. This included the addition of the two new

definitions of “residential lead-based paint” and “C & D landfill” and the amendment of the

existing definition of “MSWLF.” Persons wishing the details of the federal amendments that

underlie the current actions are directed to the June 18, 2003 issue of the

Federal Register

. The

deviations from the text of the federal amendments are restricted to those structural and stylistic

changes needed to make the text comport with the

Illinois Register

format and the Board’s

preferred style. The table that begins on page 6 of this opinion itemizes the various revisions

made in the federal text in adapting it into the State regulations.

The Board requests public comment on the incorporation of the June 18, 2003 federal

amendments into the Illinois landfill regulations. Those amendments relate to landfill disposal

of residential lead-based paint waste.

Restrictions on the Location of a new MSWLF Unit in the Vicinity of a Public Airport--

Section 811.320

The USEPA action of October 15, 2003 (68 Fed. Reg. 59333) related to location of a new

MSWLF unit in the vicinity of a public airport. USEPA added a note to its 40 C.F.R. 258.10

provision relating to location of a MSWLF in proximity to an airport. USEPA deliberately chose

not to amend the language of its location restriction provisions. USEPA instead chose to append

a note to its location restrictions that referenced the federal statutory change that instituted a new

restriction.

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Pub. L.

106–181, effective April 5, 2000, amended 49 U.S.C. 44718(d). This provision relates to

location of a federally funded public airport in proximity to a municipal solid waste landfill

(MSWLF). The amended provision now prohibits establishing a new MSWLF within six miles

of a federally-funded public airport served by general aviation aircraft and regularly scheduled

flights of aircraft designed for 60 or fewer passengers, unless the FAA determines at the request

of the state that the location would have no adverse impact on aviation safety.

On July 11, 2002 (67 Fed. Reg. 45915), USEPA adopted a direct final rule that would

have incorporated the federal statutory location restrictions into the rules as a new subsection (e)

to 40 C.F.R. 258.10. However, USEPA withdrew this rule on October 8, 2003 (67 Fed. Reg.

62647), in response to several adverse public comments. In response to the comments, USEPA

chose to add the note to 40 C.F.R. 258.10 referencing the federal legislation that imposes the

additional location restrictions.

The Board incorporated the October 15, 2003 federal amendments without substantive

deviation from the corresponding federal text. The deviations from the text of the federal

amendments are restricted to those structural and stylistic changes needed to make the text

comport with the

Illinois Register

format and the Board’s preferred style. The table that begins

on page 6 of this opinion itemizes the various revisions made in the federal text in adapting it

into the State regulations. The only significant change in the text is correction of an apparent

federal error in the citation. Examination of the text of 49 U.S.C. 44718 (copy appended to the

end of this memo) discloses an apparent error in the text of the October 15, 2003 USEPA

amendments. There is no pertinent USEPA refers to “49 U.S.C. 44718 note” in its added

language in 40 C.F.R. 258.10. Rather, it is subsection (d) of 49 U.S.C. 44718 in the amended

statute that sets forth the text of the location restriction. The Board will correct the reference “49

USC 44718 note” to “49 USC 44718(d)”. Persons interested in the details of the federal

amendments should consult the October 15, 2003

Federal Register

notice.

The Board requests public comment on the incorporation of the October 15, 2003 federal

amendments excluding from hazardous waste regulation those secondary materials that are used

to make zinc fertilizers and the fertilizers made from those secondary materials.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some deviation from the federal

text is unavoidable. This deviation arises primarily through differences between the federal and

state regulatory structure and systems. Some deviation also arises through errors in and

problems with the federal text itself. The Board conforms the federal text to the Illinois rules

and regulatory scheme and corrects errors that we see in the text as we engage in these routine

update rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it

necessary to alter the text of various passages of the existing rules as provisions are opened for

update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code

The Board updates the citations to the

Code of Federal Regulations

to the most recent

version available. As of the date of this opinion, the most recent version of the

Code of Federal

Regulations

available to the Board is the July 1, 2002 version. Thus, we have updated all

citations to the 2002 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to make

a number of corrections to punctuation, grammar, spelling, and cross-reference format

throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the

person to which the regulation referred was not necessarily a natural person, or to “he or she,”

where a natural person was evident; changed “which” to “that” for restrictive relative clauses;

substituted “must” for “shall”; capitalized the section headings and corrected their format where

necessary; and corrected punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout the

Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used

when an action is required by the rule, without regard to whether the action is required of the

subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday

language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break

from our former practice where “shall” was used when the subject of a sentence has a duty to do

something. “Will” is used when the Board obliges itself to do something. “May” is used when

choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.”

“Either . . . or” denotes “one but not both.” “And” denotes “both.”

The Joint Committee on Administrative Rules (JCAR) has requested that the Board refer

to the United States Environmental Protection Agency in the same manner throughout all of our

bodies of regulations—

i.e.

, air, water, drinking water, RCRA Subtitle D (municipal solid waste

landfill), RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The

Board has decided to refer to the United States Environmental Protection Agency as “USEPA.”

We will continue this conversion in future rulemakings as additional sections become open to

amendment. We will further convert “EPA” used in federal text to “USEPA,” where USEPA is

clearly intended.

The Board has assembled tables to aid in the location of these alterations and to briefly

outline their intended purpose. The tables set forth the miscellaneous deviations from the federal

text and corrections to the pre-amended base text of the rules in detail. The tables are set forth

and explained immediately below this opinion. There is no further discussion of most of the

deviations and revisions elsewhere in this opinion.

Discussion of Miscellaneous Housekeeping Amendments

The tables below list numerous corrections and amendments that are not based on current

federal amendments. The first table (beginning immediately below) includes deviations made in

this Proposal for Public Comment from the verbatim text of the federal amendments. The

second table (beginning below at page 7) contains corrections and clarifications that the Board

made in the base text involved in this proposal. The amendments listed in this second table are

not directly derived from the current federal amendments. Some of the entries in these tables are

discussed further in appropriate segments of the general discussion beginning at page 3 of this

opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section 40 C.F.R. Section Revision(s)

810.103 “construction

and demolition

landfill”

258.2 Placed the defined term in standard

typeface and placed it in quotation marks;

changed the spelling of “land fill” to

“landfill”; removed the parentheses from

the alternative defined term “C&D

landfill” and placed it in quotation marks;

changed “part 257, subparts A or B of this

chapter” to “Subparts A or B of 40 CFR

257”; changed “§ 261.3 or this chapter” to

“35 Ill. Adm. Code 721.103”; changed

“§ 258.2 or this chapter” to “this Section”;

“40 CFR part 257, subpart B of this

chapter” to “Subpart B of 40 CFR 257”;

changed “§ 261.5 or this chapter” to “35

Ill. Adm. Code 721.105”; changed

“construction/renovation” to “construction

and renovation”

810.103 “municipal

solid waste landfill

unit”

258.2 Added “which” before “does not receive”

for a restrictive relative clause

810.103 “residential

lead-based paint

waste”

258.2 Placed the defined term in standard

typeface and placed it in quotation marks;

changed "which" to "that" for a restrictive

relative clause; added a comma after "" to

offset the final element of a series; added

a comma after "renovation" to offset the

final element of a series; changed "lead

based" to hyphenated "lead-based"

811.302(f) Board note 258.10 note Added “federal” before “Wendell H. Ford

Aviation . . . Act”; deleted the

Public

Laws

citation; corrected the reference “49

USC 44718 note” to “49 USC 44718(d)”;

changed “new MSWLF’s” to singular “a

new MSWLF”

Table2 :

Board Housekeeping Amendments

Section Source Revision(s)

810.103 preamble Board Changed "shall be" to "will be"

810.103 “Act” Board Removed the unnecessary comma after "Act"

810.103 “admixtures” Board Added a comma after "bentonite" to offset the final

element of a series

810.103 “Agency” Board Added an ending period after “Act”

810.103 “bedrock” Board Added a comma after "alluvium" to offset the final

element of a series

810.103 “beneficially

usable waste”

Board Changed "which" to "that" for a restrictive relative

clause

810.103 “borrow area” Board Added a comma after "alluvium" to offset the final

element of a series

810.103 “coal

combustion power

generating facilities”

Board Changed "which" to "that" for a restrictive relative

clause

810.103 “dead animal

disposal site”

Board Removed the commas that offset “225 ILCS 610” and

placed the citation in brackets; removed the commas

that offset “8 Ill. Adm. Code 90” and placed the citation

in parentheses

810.103 “disposal” Board Changed "shall" to "will"

810.103

“documentation”

Board Added a comma after "bonds" to offset the final

element of a series

810.103 “existing

facility”

Board Changed "which" to "that" for a restrictive relative

clause

810.103 “existing

MSWLF unit”

Board Added an ending period after “Act”

810.103 “facility” Board Changed "shall be" to "will be"

810.103 “geotextiles” Board Changed "which" to "that" for a restrictive relative

clause

810.103

“groundwater”

Board Added an ending period after “Act”

810.103 “household

waste”

Board Added an ending period after “Act”

810.103 “inert waste” Board Changed "shall" to "will"; added a comma after

"masonry" to offset the final element of a series

810.103 “lateral

expansion”

Board Added an ending period after “Act”

810.103 “lift” Board Changed "which" to "that" for a restrictive relative

clause

810.103 “malodor” Board Added an ending period after “pollution’)”

810.103 “municipal

solid waste landfill

unit”

Board Added an ending period after “Act”

810.103 “National

Pollutant Discharge

Elimination System”

Board Changed “Environmental Protection Act” to the defined

short-form “Act”; added a comma after “Act” to offset

the final element of a series; changed “and 35 Ill. Adm.

Code 309.Subpart A and 310” to “Subpart A of 35 Ill.

Adm. Code 309, and 35 Ill. Adm. Code 310”

810.103 “NPDES

permit”

Board Added the ending period

810.103 “new facility” Board Changed “shall be” to “will be”

810.103 “new

MSWLF unit”

Board Added an ending period after “Act”

810.103 “one hundred

(100)-year flood plain”

Board Changed “one hundred (100) year” to hyphenated “one

hundred (100)-year”; changed "which" to "that" for a

restrictive relative clause

810.103 “one hundred

(100)-year, 24-hour

precipitation event”

Board Changed “one hundred (100) year” to hyphenated “one

hundred (100)-year”; changed “24 hour” to hyphenated

“24-hour” (twice)

810.103 “person” Board Added an ending period after “Act”

810.103 “professional

engineer”

Board Removed the quotation marks from the statute name

“Illinois Professional . . . of 1989”; changed “The” to

lower-case “the”

810.103 “putrescible

waste”

Board Changed "which" to "that" for a restrictive relative

clause; changed "shall be" to "will be"

810.103 “publicly

owned treatment

works”

Board Added a comma after "recycling" to offset the final

element of a series; added a comma after "pipes" to

offset the final element of a series; changed "which" to

"that" for a restrictive relative clause

810.103 “Resource

Conservation and

Recovery Act”

Board Added the conjunction “and” before “Recovery”; added

an ending period after “Act”

810.103 “salvaging” Board Added a comma after "vectors" to offset the final

element of a series

810.103 “scavenging” Board Changed "which" to "that" for a restrictive relative

clause

810.103 “settlement” Board Added a comma after "soil" to offset the final element

of a series

810.103 “shredding” Board Changed numeric "3 inch" to written, hyphenated

"three-inch"

810.103 “significant

modification”

Board Added a comma after "occur" to offset the final element

of a series; added a comma after "intermediate" to

offset the final element of a series; added a comma after

"efficiency" to offset the final element of a series;

removed the unnecessary comma after "system" that

separated a two-element series

810.103 “slag” Board Changed "which" to "that" for a restrictive relative

clause

810.103 “sole source

aquifer”

Board Removed the unnecessary comma after "1974"

810.103 “twenty-five

(25)-year, 24-hour

precipitation event”

Board Changed “twenty five (25) year” to hyphenated

“twenty-five (25)-year”; changed “24 hour” to

hyphenated “24-hour”

810.103 “uppermost

aquifer”

Board Changed "which" to "that" for a restrictive relative

clause

810.103 “waste pile” Board Changed "shall" to "must"; added a comma after

"records" to offset the final element of a series

810.103 “waste

stabilization”

Board Added a comma after "physical" to offset the final

element of a series; changed "which" to "that" for a

restrictive relative clause

811.302(a) Board Changed "shall" to "must"

811.302(b) Board Changed "shall" to "must"; added a comma before

"unless" to offset a parenthetical

811.302(b)(3) Board Added a comma after "fractures" to offset the final

element of a series

811.302(c) Board Changed "shall" to "must"; changed numeric "8" to

written "eight"

811.302(d) Board Changed "no part . . . shall be located" to "no part . . .

may be located"

811.302(e) Board Changed "shall not be located" to "may not be located";

added the parenthetical “(FAA)” to define the

abbreviation

811.302(f) Board Changed "shall" to "must"; removed “Federal Aviation

Administration” and the parentheses from the defined

abbreviation “FAA”; changed numeric "7" to written

"seven"

811.302(f) Board note Board Changed "subsection (f)" to "subsection (f) of this

Section"; Updated the citation to the

Code of Federal

Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

ORDER

The complete text of the proposed amendments follows:

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, 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 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 20 Ill. Reg. 11985, effective August 15, 1996; amended in R97-

20 at 21 Ill. Reg. 15825, effective November 25, 1997; amended in R04-5/R04-15 at 28 Ill. Reg.

________, effective ______________________.

NOTE: Capitalization indicates statutory language.

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 will be the same as that applied to

the same words or terms in the Environmental Protection Act (Act) [415 ILCS 5]:

“Act” means the Environmental Protection Act, [415 ILCS 5].

“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 [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 which

exceed the limits for this type of waste as specified at 35 Ill. Adm. Code 817.106.

“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 that

generate electricity by combusting coal and which utilize a lime or limestone

scrubber system.

“Construction and demolition landfill” or “C&D landfill”

means a solid waste

disposal facility subject to the requirements in Subparts A or B of 40 CFR 257

that receives construction and demolition waste and does not receive hazardous

waste (defined in 35 Ill. Adm. Code 721.103) or industrial solid waste (defined in

this Section). Only a C&D landfill that meets the requirements of Subpart B of

40 CFR 257 may receive conditionally exempt small quantity generator waste

(defined in 35 Ill. Adm. Code 721.105). A C&D landfill typically receives any

one or more of the following types of solid wastes: roadwork material, excavated

material, demolition waste, construction and renovation waste, and site clearance

waste.

“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 will 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 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 that 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 will 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 produced 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

atmosphere.

“Geomembranes” means manufactured membrane liners and barriers of low

permeability used to control the migration of fluids or gases.

“Geotextiles” are permeable manufactured materials used for purposes which that

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 35 Ill. Adm. Code 811.202(b). Such

inert wastes shall will 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.

“LATERAL EXPANSION” MEANS A HORIZONTAL EXPANSION OF THE

ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT

OCCURRING ON OR AFTER OCTOBER 9, 1993, 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 that 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 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.) A construction and demolition landfill that receives

residential lead-based paint waste and which does not receive any other

household waste is not a MSWLF unit.

“National Pollutant Discharge Elimination System” or “NPDES” means the

program for issuing, modifying, revoking and reissuing, terminating, monitoring,

and enforcing permits 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 Subpart A of 35 Ill. Adm. Code 309.Subpart

A, and 35 Ill. Adm. Code 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 will 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 (100)-year flood plain” means any land area which that

is subject to a one percent or greater chance of flooding in a given year from any

source.

“One hundred (100) year (100)-year, 24 hour 24-hour precipitation event” means

a precipitation event of 24 hour 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.

“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 the Illinois Professional Engineering Practice Act of 1989” [225

ILCS 325].

“Professional land surveyor” means a person who has received a certificate of

registration and a seal pursuant to the Illinois Professional Land Surveyors Act of

1989 [225 ILCS 330].

“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 that do not meet the

definitions of inert or chemical wastes shall be will be considered putrescible

wastes.

“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 that has

jurisdiction over the indirect discharges to and the discharges from such a

treatment works.

“Recharge zone” means an area through which water can enter an aquifer.

“Residential lead-based paint waste”

means waste containing lead-based paint

that is generated as a result of activities such as abatement, rehabilitation,

renovation, and remodeling in homes and other residences. The term residential

lead-based paint waste includes, but is not limited to, lead-based paint debris,

chips, dust, and sludges.

“RESOURCE CONSERVATION AND 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 that 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.

“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 three-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;

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 that 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.

“Twenty-five (25) year (25)-year, 24 hour 24-hour precipitation event” means a

precipitation event of 24 hour 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

that 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 must 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

disposal elsewhere.

“Waste stabilization” means any chemical, physical, or thermal treatment of

waste, either alone or in combination with biological processes, which that 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 28 Ill. Reg. ________, effective ______________________)

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

811.112 Recordkeeping Requirements for MSWLF Units

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

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

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

811.716 Local Government Financial Test

811.717 Local Government Guarantee

811.718 Discounting

811.719 Corporate Financial Test

811.720 Corporate Guarantee

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 Standards of the RCRA

Subtitle D MSWLF regulations and the Board’s nonhazardous waste

landfill regulations.

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 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 R95-13 at 19 Ill.

Reg. 12257, effective August 15, 1995; amended in R96-1 at 20 Ill. Reg. 12000, effective

August 15, 1996; amended in R97-20 at 21 Ill. Reg.15831, effective November 25, 1997;

amended in R98-9 at 22 Ill. Reg.11491, effective June 23, 1998; amended in R99-1 at 23 Ill.

Reg. 2794, effective February 17, 1999; amended in R98-29 at 23 Ill. Reg.6880, effective July 1,

1999; amended in R04-5/R04-15 at 28 Ill. Reg. ________, effective ______________________.

SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section 811.302 Facility Location

a) No part of a unit shall may 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 may be located within the recharge zone or within 366

meters (1200 feet), vertically or horizontally, of a sole-source aquifer designated

by the United States Environmental Protection Agency pursuant to Section

1424(e) of the Safe Drinking Water Act (42 USC 300f et seq.), unless there is a

stratum between the bottom of the waste disposal unit and the top of the aquifer

that meets the following minimum requirements:

1) The stratum has a minimum thickness of 15.2 meters (50 feet);

2) The maximum hydraulic conductivity in both the horizontal and vertical

directions is no greater than 1

-7

centimeters per second, as determined

by in situ borehole or equivalent tests;

3) There is no indication of continuous sand or silt seams, faults, fractures, or

cracks within the stratum that may provide paths for migration; and

4) 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.

c) 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 must have its operations

screened from view by a barrier of natural objects, fences, barricades, or plants no

less than 2.44 meters (8 eight feet) in height.

d) No part of a unit shall may 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.

e) The facility shall may not be located closer than 1525 meters (5000 feet) of any

runway used by piston type aircraft or within 3050 meters (10,000 feet) of any

runway used by turbojet aircraft unless the Federal Aviation Administration

(FAA) provides the operator with written permission, including technical

justification, for a closer distance.

f) An owner or operator proposing to locate a new MSWLF unit within a five-mile

radius of any airport runway used by turbojet or piston-type aircraft shall must

notify the affected airport and the Federal Aviation Administration (FAA) within

7 seven days of filing a permit application with Agency in accordance with 35 Ill.

Adm. Code 813 for developing a new landfill.

BOARD NOTE: Subsection (f) of this Section is derived from 40 CFR 258.10

(1992) (2003), as amended at 68 Fed. Reg. 59333 (October 15, 2003).

prohibition on locating a new MSWLF near certain airports was enacted in

Section 503 of the federal Wendell H. Ford Aviation Investment and Reform Act

for the 21st Century (Ford Act) (49 U.S.C. 44718(d)). Section 503 prohibits the

“construction or establishment” of a new MSWLF after April 5, 2000 within six

miles of certain smaller public airports. The Federal Aviation Administration

(FAA) administers the Ford Act and has issued guidance in FAA Advisory

Circular 150/5200–34, dated August 26, 2000. For further information, please

contact the FAA.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that

the above proposed opinion and order was adopted on March 18, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board