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

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