ILLINOIS POLLUTION CONTROL BOARD
March 31,
1994
IN THE MATTER OF:
)
STEEL
AND
FOUNDRY INDUSTRY
)
R90-26
(Docket B)
AMENDMENTS TO THE LANDFILL
)
(Rulemaking)
REGULATIONS
(35 Ill. Adm. Code
)
817.309)
)
Proposed Rule.
First Notice.
OPINION
AND
ORDER OF THE BOARD
(by R. C.
Flemal):
By separate action today, the Board issued a supplemental
opinion and order in R90-26 (Docket A
& B)
concerning the merits
of the proposed steel and foundry industry amendments to the
Board’s existing landfill regulations.
In that order,
the Board
also opened this Docket for the purpose of considering additional
location restrictions for potentially usable waste
(PUN)
landfills as proposed by the Illinois Cast Metal Association and
the Illinois Steel Group
(collectively as SFG).
The Board’s responsibility in this matter arises from the
Illinois Environmental Protection Act
(Act)
(415 ILCS 5/1 et seq.
(1992)).
The Board is charged therein to “determine,
define and
implement the environmental control standards applicable in the
State of Illinois”1.
More generally, the Board’s rulemaking
charge is based on the system of checks and balances integral to
Illinois environmental governance: the Board
bears responsibility
for the rulemaking and principal adjudicatory functions, whereas
the Illinois Environmental Protection Agency (Agency)
is
responsible for carrying out the principal administrative duties.
The latter’s duties include administering any regulation that may
result from the instant proceeding.
By today’s action the Board authorizes first notice
publication in the Illinois Register of the additional location
standards.
The Board will receive public comments on today’s
proposal for 45 days following publication in the Illinois
Register.
The Board anticipates moving the proposal to second
notice expeditiously thereafter.
DISCUSSION
This matter concerns the proposed addition of a new Section
to the regulations governing wastes from the steel and foundry
1 Act at Section 5(b).
—2—
industries, as currently under consideration in Docket R90-26.
The SFG submitted this proposed new section to address Board
concerns2 regarding PUN landfill standards location.
The SFG
states that the location standards are based on those specified
in the Board’s existing regulations for chemical waste landfills
at 35 Iii. Adm. Code 811.302, and are intended to restrict the
siting of
PUW
landfills to areas where they cannot cause
exeedences of groundwater quality standards.
(PC. #19 at 8.)
The Board notes that one of the proposed restrictions,
which relates to siting of landfill units in the vicinity of
Class I and Class III aquifers,
is not clear3.
It appears that
this restriction is derived from the existing regulations at 35
Ill. Adm. Code 811.302(b),
which restricts siting of
landfill
units
in the vicinity of sole-source aquifers designated by the
USEPA pursuant to Section 1424(e)
of the SDWA (42 U.S.C.
300f et
seq.)
The SFG proposal is the same as the existing requirement,
except that the reference to sole—source aquifer is replaced by a
reference to Class
I and Class III aquifers,
as defined at 35
Ill. Adm. Code 620.
In this regard, the Board notes that the use
of the terms Class I or Class III “aquifers”
is uncertain.
Part
620 provides,
in part, criteria for classification of
groundwater, but Class
I or Class III “aquifer” is not defined
there.
Therefore, the implications of the proposed language
still needs to be ascertained.
In this regard,
the Board notes
that the SFG has not provided any rationale for the proposed
siting restriction at Section 817.302(b).
Accordingly, the Board
requests that the SFG address this matter during the first notice
comment period.
2 The Board raised the issue of the proposed standards for
PUN landfills at the hearings held on October
1, and November 19,
1993.
(Tr4.
at 67—70 and Tr5. at 35—43.)
Mainly, the Board
questioned the adequacy. of the proposed PUN landfill standards to
protect against groundwater contamination in the absence of
safeguards such as location restrictions based on geologic
setting,
leachate containment systems, or groundwater monitoring.
The Board notes that the PUN landfills standards are proposed to
be the same as the standards of inert waste landfills in the
existing Board regulations at 35 Ill. Adm. Code 811.Subpart
B.
However, the proposed maximum allowable leachate concentrations
(MALCs)
for PUN at Section 817.105 are set at twice the allowable
leachate levels for inert waste landfills under Section 811.202.
~ The SFG has proposed that no part of
a unit must be
located within the recharge zone or 1200 feet, vertically or
horizontally, of a Class
I or Class III aquifer, unless there is
a stratum between the bottom of the waste disposal unit and the
top of the aquifer.
Minimum requirements relating to thickness,
hydraulic conductivity, geologic material, and rate of
groundwater movement are specified for the stratum.
—3—
ORDER
The following regulations are hereby submitted for First
Notice publication.
The Board directs the clerk of the Board to
submit these regulations to the Secretary of State for
publication in the Illinois Register.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
i:
SOLID WASTE
AND
SPECIAL WASTE HAULING
PART 817
REQUIREMENTS FOR NEW STEEL
AND
FOUNDRY INDUSTRY WASTES LANDFILLS
SUBPART A:
GENERAL REQUIREMENTS
Section
817.101
Scope and Applicability
817.103
Determination of Waste Status
817.104
Sampling Frequency
817.105
Waste Classification
817.106
Waste Classification Limits
817.107
Waste Mining
SUBPART B:
STANDARDS FOR MANAGEMENT OF BENEFICIALLY USABLE
STEEL
AND
FOUNDRY INDUSTRY WASTES
Scope and Applicability
Limitations on Use
Notification
Long-Term Storage
SUBPART C:
STEEL
AND
FOUNDRY INDUSTRY POTENTIALLY
USABLE WASTE LANDFILLS
Scope and Applicability
Design Period
Final Cover
Final Slope and Stabilization
Leachate Sampling
Load Checking
Closure
Nuisance Precautions
_______
Facility Location
SUBPART D:
NEW STEEL
AND
FOUNDRY INDUSTRY LOW RISK WASTE
LANDFILLS
Scope and Applicability
Facility Location
Section
817.201
817.202
817.203
817.204
Section
817.301
817.302
817.303
817.304
817.305
817.306
817.307
817.308
817.309
Section
817.401
817.402
—4—
817.403
817.404
817.405
817.406
817.407
817.408
817.409
817.410
817.411
817.412
817.413
817.414
817.415
817
•
416
817.417
817.418
817.419
Design Period
Foundation and Mass Stability Analysis
Foundation Construction
Liner Systems
Leachate Drainage System
Leachate Collection System
Leachate Treatment and Disposal System
Final Cover System
Hydrogeologic Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact Assessment
Design, Construction and Operation of Groundwater
Monitoring Systems
Groundwater Monitoring Programs
Groundwater Quality Standards
Waste Placement
Final Slope and Stabilization
Load Checking
SUBPART
E:
CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section
817.501
Scope and Applicability
Section
817.Appendix A Organic Chemical Constituents List
AUTHORITY:
Implementing Sections 5,
21,
21.1,
22,
22.17,
28.1,
and authorized by Section 27 of the Environmental Protection Act
(Ill.
Rev. Stat.
1991,
ch. iii~,pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1 and 1027
415
ILCS 5/5,
5/21,
5/21.1,
5/22,
5/22.17,
5/28.1, and 5/27).
SOURCE:
Adopted in R90-26(A)
at
18 Ill. Reg.
________
____________________;
amended in R90-26(B)
at 18
Ill.
effective
Reg.
—I
Section 817.309
Facility Location
a)
No part of a unit shall be located within a setback
zone established pursuant to Section 14.2 or 14.3 of
the Act;
b)
No part of a unit shall be located within the recharge
zone or within 366 meters
(1200 feet), vertically or
horizontally, of a Class
I or Class III aquifer as
defined at 35 Ill.
Adni. Code Part 620, 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);
effective
—5—
2)
The maximum hydraulic conductivity in both the
horizontal and vertical directions is no more than
1 x i0~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 parts 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)
Subsection
(b)
shall not apply to units that accept
only beneficially useable waste.
d)
A facility located within 152 meters
(500 feet) of the
right of way of a township or county road or state or
interstate highway shall have its operations screened
from view by a barrier of natural objects,
fences,
barricades,
or plants no less than 2.44 meters
(8 feet)
in height.
e)
No part of
a unit shall be located closer than 152
meters
(500 feet)
from an occupied dwelling,
school, or
hospital that was occupied on the date when the
operator first applied for a permit to develop the unit
or the facility containing the unit, unless the owner
of such dwelling, school,
or hospital provides
permission to the operator,
in writing, for a closer
distance.
IT IS SO ORDERED.
Member Emmett
E. Dunham,
II abstains.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby ceiz~tifythat the above opinion and order was
adopted on the
i/’~
day of
________________,
1994,
by a vote
of
~
Dorothy
M... /~unn,Clerk
Illinois 6’óllution Control Board