813.402 Certification of Closure

813.403 Termination of the Permit

 

SUBPART E: CERTIFICATION AND REPORTS

Section

813.501 Annual Certification

813.502 Groundwater Reports and Graphical Results of Monitoring Efforts

813.503 Information to be Retained at or near the Waste Disposal Facility

813.504 Annual Report

 

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. 15814, effective September 18, 1990; amended in

R92-19 at 17 Ill. Reg. 12409, effective July 19, 1993; expedited correction at 18 Ill. Reg. 7501,

effective July 19, 1993; amended in R90-26 at 18 Ill. Reg. 12388, effective August 1, 1994;

amended in R98-9 at 22 Ill. Reg. 11483, effective June 23, 1998; amended in R05-1 at 29 Ill.

Reg. 5066, effective March 22, 2005.

 

NOTE: Capitalization indicates statutory language.

 

SUBPART A: GENERAL PROCEDURES

 

Section 813.101 Scope and Applicability

 

a) This Subpart A contains the procedures to be followed by all applicants and the

Agency for applications for permits required pursuant to Section 21(d) of the

Environmental Protection Act (Act) [415 ILCS 5/21(d)] and 35 Ill. Adm. Code

811, 812, 814, and 817. The procedures in this Part apply to applications to issue

a permit to develop and operate a landfill, to modify a permit, to renew an expired

permit, to conduct an experimental practice, and to issue an RD&D permit.

 

b) All general provisions of 35 Ill. Adm. Code 810 apply to this Part.

 

(Source: Amended at 29 Ill. Reg. 5066, effective March 22, 2005)

 

Section 813.102 Delivery of Permit Application

 

All permit applications shall be made on such forms as are prescribed by the Agency, and shall

be mailed or delivered to the address designated by the Agency on the forms. The Agency shall

provide a dated, signed receipt upon request. The Agency's record of the date of filing shall be

deemed conclusive unless a contrary date is proved by a dated, signed receipt.

 

Section 813.103 Agency Decision Deadlines

 

---

a) IF THERE IS NO FINAL ACTION BY THE AGENCY WITHIN 90 DAYS

AFTER THE FILING OF THE APPLICATION FOR PERMIT, THE

APPLICANT MAY DEEM THE PERMIT ISSUED; EXCEPT THAT THIS

TIME PERIOD SHALL BE EXTENDED TO 180 DAYS WHEN:

 

1) NOTICE AND OPPORTUNITY FOR PUBLIC HEARING ARE

REQUIRED BY STATE OR FEDERAL LAW OR REGULATION, OR

 

2) THE APPLICATION WHICH WAS FILED IS FOR ANY PERMIT TO

DEVELOP A LANDFILL. (Section 39 of the Act)

 

b) An application for permit pursuant to this Subpart shall not be deemed to be filed

until the Agency has received all information and documentation in the form and

with the content required by this Part and 35 Ill. Adm. Code 811, 812, and 814.

However, if, pursuant to the standards of Section 813.105, the Agency fails to

notify the applicant within 30 days after the filing of a purported application that

the application is incomplete and the reason the Agency deems it incomplete, the

application shall be deemed to have been filed as of the date of such purported

filing as calculated pursuant to Section 813.102. The applicant may treat the

Agency's notification that an application is incomplete as a denial of the

application for the purposes of review pursuant to Section 813.106.

 

c) The applicant may waive the right to a final decision in writing prior to the

applicable deadline in subsection (a).

 

d) The applicant may modify a permit application at any time prior to the Agency

decision deadline date, provided that, for any permit application modification

received by the Agency within 30 days before the Agency decision deadline, the

applicant waives the Agency decision deadline for 30 days from the date of

receipt of the modification, to allow the Agency time to determine whether the

modification meets the definition of significant modification and, for permit

applications modifications not meeting the definition of significant modification,

to take final action. Any modification of a permit application that would

otherwise be considered a significant modification of an approved permit shall

constitute a new application for the purposes of calculating the Agency decision

deadline date. The Agency shall notify the applicant in writing within 30 days

after the filing of a proposed permit modification if it deems the modification to

be a significant modification. A determination by the Agency as to whether a

modification is a significant modification is a final determination, appealable in

the manner provided for the review of permit decisions under Section 40 of the

Act. The Agency's decision deadline date shall be stayed as of the date of such

written notice of the Agency's determination during the pendency of any timely-

filed appeal challenging such an Agency determination.

 

e) The Agency shall mail all notices of final action by registered or certified mail,

post marked with a date stamp and with return receipt requested. Final action

---

shall be deemed to have taken place on the post marked date that such notice is

mailed.

 

(Source: Amended at 22 Ill. Reg. 11483, effective June 23, 1998.)

 

Section 813.104 Standards for Issuance of a Permit

 

a) THE AGENCY SHALL ISSUE A PERMIT UPON PROOF THAT THE

FACILITY, UNIT, OR EQUIPMENT WILL NOT CAUSE A VIOLATION OF

THIS ACT OR OF BOARD REGULATIONS SET FORTH IN 35 ILL. ADM.

CODE: CHAPTER I

.

 

 

b) IN GRANTING PERMITS, THE AGENCY SHALL IMPOSE SUCH

CONDITIONS AS MAY BE NECESSARY TO ACCOMPLISH THE

PURPOSES OF THIS ACT, AND AS ARE NOT INCONSISTENT WITH

BOARD REGULATIONS SET FORTH IN 35 ILL. ADM. CODE: CHAPTER

I.

 

c) EXCEPT FOR THOSE FACILITIES OWNED OR OPERATED BY SANITARY

DISTRICTS ORGANIZED UNDER "AN ACT TO CREATE SANITARY

DISTRICTS AND TO REMOVE OBSTRUCTIONS IN THE DES PLAINES

AND ILLINOIS RIVERS", APPROVED MAY 29, 1889, AS NOW OR

HEREAFTER AMENDED (ILL. REV. STAT. 1989, CH. 42, PAR. 320 ET

SEQ.), NO PERMIT FOR THE DEVELOPMENT OR CONSTRUCTION OF A

NEW REGIONAL POLLUTION CONTROL FACILITY MAY BE GRANTED

BY THE AGENCY UNLESS THE APPLICANT SUBMITS PROOF TO THE

AGENCY THAT THE LOCATION OF SAID FACILITY HAS BEEN

APPROVED BY THE COUNTY BOARD OF THE COUNTY IF IN AN

UNINCORPORATED AREA, OR THE GOVERNING BODY OF THE

MUNICIPALITY WHEN IN AN INCORPORATED AREA IN WHICH THE

FACILITY IS TO BE LOCATED IN ACCORDANCE WITH SECTION 39.2 OF

THE ACT.

 

d) NO PERMIT SHALL BE ISSUED BY THE AGENCY FOR DEVELOPMENT

OR OPERATION OF ANY FACILITY OR SITE LOCATED WITHIN THE

BOUNDARIES OF ANY SETBACK ZONE ESTABLISHED PURSUANT TO

THE ACT IN WHICH SUCH DEVELOPMENT OR OPERATION IS

PROHIBITED. (Section 39 of the Act)

 

Section 813.105 Standards for Denial of a Permit

 

IF THE AGENCY DENIES ANY PERMIT UNDER THIS SECTION, THE AGENCY SHALL

TRANSMIT TO THE APPLICANT WITHIN THE TIME LIMITATIONS OF SECTION

813.103 SPECIFIC, DETAILED STATEMENTS AS TO THE REASONS THE PERMIT

APPLICATION WAS DENIED. SUCH A STATEMENT SHALL INCLUDE, BUT NOT BE

LIMITED TO, THE FOLLOWING:

---

 

a) THE SECTIONS OF THE ACT WHICH MAY BE VIOLATED IF THE

PERMIT WERE GRANTED;

 

b) THE PROVISION OF THE REGULATIONS SET FORTH IN 35 ILL. ADM.

CODE: CHAPTER I PROMULGATED UNDER THE ACT, WHICH MAY BE

VIOLATED IF THE PERMIT WERE GRANTED;

 

c) THE SPECIFIC TYPE OF INFORMATION, IF ANY, WHICH THE AGENCY

DEEMS THE APPLICANT DID NOT PROVIDE THE AGENCY; AND

 

d) A STATEMENT OF SPECIFIC REASONS WHY THE ACT AND BOARD

REGULATIONS SET FORTH IN 35 ILL. ADM. CODE: CHAPTER I MIGHT

NOT BE MET IF THE PERMIT WERE GRANTED. (Section 39 of the Act)

 

Section 813.106 Permit Appeals

 

If THE AGENCY REFUSES TO GRANT OR GRANTS WITH CONDITIONS A PERMIT

THE APPLICANT MAY, WITHIN 35 DAYS, PETITION FOR A HEARING BEFORE THE

BOARD TO CONTEST THE DECISION OF THE AGENCY. (Section 40(a)(1) of the Act)

The petition shall be filed, and the proceeding conducted, pursuant to the procedures of Section

40 of the Act and 35 Ill. Adm. Code 105.

 

(Source: Amended at 18 Ill. Reg. 7501, effective July 19, 1993)

 

Section 813.107 Permit No Defense

 

The issuance and possession of a permit shall not constitute a defense to a violation of the Act

or any Board regulations set forth in 35 Ill. Adm. Code: Chapter I except for the development

and operation of a landfill without a permit.

 

Section 813.108 Term of Permit

 

a) No permit issued pursuant to this Part shall have a term of more than five years.

 

b) A DEVELOPMENT PERMIT ISSUED UNDER SUBSECTION (A) OF

SECTION 39 FOR ANY FACILITY OR SITE WHICH IS REQUIRED TO

HAVE A PERMIT UNDER SUBSECTION (D) OF SECTION 21 SHALL

EXPIRE AT THE END OF TWO CALENDAR YEARS FROM THE DATE

UPON WHICH IT WAS ISSUED, UNLESS WITHIN THAT PERIOD THE

APPLICANT HAS TAKEN ACTION TO DEVELOP THE FACILITY OR THE

SITE. IN THE EVENT THAT REVIEW OF THE CONDITIONS OF THE

DEVELOPMENT PERMIT IS SOUGHT PURSUANT TO SECTIONS 40 OR

41, OR THE PERMITTEE IS PREVENTED FROM COMMENCING

DEVELOPMENT OF THE FACILITY OR SITE BY ANY OTHER

LITIGATION BEYOND THE PERMITTEE'S CONTROL, SUCH TWO-YEAR

---

PERIOD SHALL BE DEEMED TO BEGIN ON THE DATE UPON WHICH

SUCH REVIEW PROCESS OR LITIGATION IS CONCLUDED. (Section 39(c)

of the Act)

 

Section 813.109 Transfer of Permits

 

No permit is transferable from one person to another except as approved by the Agency.

Approval shall be granted only if a new operator seeking transfer of a permit can demonstrate the

ability to comply with all applicable financial requirements of Section 21.1 of the Act and 35 Ill.

Adm. Code Part 811.Subpart G.

 

Section 813.110 Adjusted Standards to Engage in Experimental Practices

 

a) Experimental practices are design, construction, and operation methods and

techniques that are not expressly authorized by, and whose employment cannot be

demonstrated by the applicant to be in compliance with, Section 813.112 or 35 Ill.

Adm. Code 811, 812, and 814. Experimental practices may be implemented only

at permitted landfills.

 

b) Pursuant to Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill.

Adm. Code 104, any person may, at any time, petition the Board for an adjusted

standard to any standard in 35 Ill. Adm. Code 811, 812, or 814 in order to engage

in an experimental practice at a permitted landfill in accordance with the

requirements of this Section.

 

c) The petition for adjusted standard must contain the following information in

addition to that required by Subpart D of 35 Ill. Adm. Code 104. However, if the

applicant believes that any of the information required by this Section is

inapplicable, the applicant may so state provided that the petition contains an

explanation of the inapplicability.

 

1) A narrative description of the experiment, describing the necessity of this

experiment and an assessment of the expected outcome of this experiment;

 

2) A list of all standards in 35 Ill. Adm. Code 811 that must be adjusted in

order to conduct the experiment and a reason why each standard must be

adjusted;

 

3) A description of the monitoring program (see 35 Ill. Adm. Code 811) to be

implemented during the experiment;

 

4) Criteria for evaluating the experimental practice. The criteria must be

specific enough to allow the Agency to evaluate the performance of the

experimental practice from the monitoring results pursuant to subsection

(f)(1) of this Section;

 

---

5) A description of the methods to be implemented and the total costs to

restore the facility to compliance with all standards in 35 Ill. Adm. Code

811, 812, or 814 if the experiment is determined to be a failure. The

methods must be feasible with existing methods in use; and

 

6) The time period requested in which to conduct the experiment and

documentation to show that this is the shortest practical time period in

which success or failure can be determined.

 

d) The Board will review all petitions to conduct experimental practices submitted in

accordance with subsection (b) of this Section, Section 28.1 of the Act [415 ILCS

5/28.1], or Subpart D of 35 Ill. Adm. Code 104 and an Agency recommendation

regarding the experimental practice under the following assumptions:

 

1) There is no way in which to conduct the experiment in compliance with all

requirements of 35 Ill. Adm. Code 811, 812 or 814;

 

2) The experiment will be conducted in as short a time as possible if the

information submitted in the petition and the Agency recommendation are

not in conflict;

 

3) A monitoring plan to evaluate the experiment will be implemented; and

 

4) The site of the experiment will be restored to meet all requirements of 35

Ill. Adm. Code 811, 812, or 814, should the experiment fail.

 

e) Implementation of the Experimental Practice.

 

Upon approval of the experimental practice pursuant to subsection (d) of this

Section by the Board, the operator must file an application for significant

modification of the permit with the Agency pursuant to Subpart B of Section 813.

The application must contain the following information:

 

1) Detailed designs of all items to be constructed for use during the

experiment;

 

2) The monitoring plan to be implemented during the experiment;

 

3) A plan for decommissioning and closing the experiment;

 

4) A time schedule for constructing the necessary items and closing,

removing, and stabilizing the area upon completion of the experiment;

 

5) An emergency cleanup plan describing the methods to be used to restore

the facility to compliance with all standards in 35 Ill. Adm. Code 811 if

the experiment is unsuccessful;

---

 

6) Cost estimates and financial assurance (see Subpart G of 35 Ill. Adm.

Code 811) in an amount equal to the costs necessary to restore the facility

to compliance with Chapter I of 35 Ill. Adm. Code.

 

f) Evaluation of Experimental Practice.

 

1) After completion of the experiment, all monitoring data must be submitted

to the Agency for evaluation of the experimental practice in accordance

with the evaluation criteria included in the adjusted standard petition in

accordance with subsection (c)(4) of this Section. The Agency must

determine if the experimental practice is acceptable for implementation

pursuant to Section 39 of the Act [415 ILCS 5/39], and the following

additional criteria:

 

A) An experimental practice must be considered acceptable for

implementation if the monitoring results meet or exceed the

evaluation criteria included in the adjusted standard petition in

accordance with subsection (c)(4) of this Section; and

 

B) If the experiment does not cause or contribute to a violation of the

Act [415 ILCS 5] or Chapter I of 35 Ill. Adm. Code.

 

2) Upon completion of the experiment and an Agency determination that the

experimental practice is acceptable for implementation, the Agency must

return the financial assurance instrument to the operator and, must

approve permit modifications allowing the operation of the experimental

practice. If the experimental practice is determined to be unacceptable for

implementation, then the Agency must return the financial assurance

instrument when the facility has been restored to comply with Chapter I of

35 Ill. Adm. Code.

 

(Source: Amended at 29 Ill. Reg. 5066, effective March 22, 2005)

 

Section 813.111 Agency Review of Contaminant Transport Models

 

a) At the request of any person, consistent with any resource limitations, the Agency

may review a groundwater contaminant transport (GCT) model for acceptance.

The person shall demonstrate that the model meets the minimum requirements of

35 Ill. Adm. Code 811.317(c)(1), (c)(2) and (c)(3).

 

b) The Agency may designate GCT models as acceptable for use by the applicant for

a groundwater impact assessment. Such Agency designations shall be

accompanied by limitations or conditions under which the model can or cannot be

used. The applicant shall be relieved from demonstrating compliance with 35 Ill.

---

Adm. Code 811.317(c)(1), (c)(2) and (c)(3) in a permit application if a model

accepted by the Agency has been used.

 

c) An applicant using a model accepted by the Agency shall submit documentation

in a permit application showing that the model used in the groundwater impact

assessment was the same model previously reviewed and accepted by the Agency

and shall demonstrate that the model is acceptable for use in the site specific

hydrogeology of the proposed facility.

 

d) The requirements of this Section shall in no way require an applicant to utilize a

model accepted by the Agency. If a model is utilized that has not been reviewed

and accepted by the Agency then the applicant shall include in the permit

application all of the documentation necessary to demonstrate compliance with 35

Ill. Adm. Code 811.317(c)(1), (c)(2), and (c)(3).

 

Section 813.112 Research, Development, and Demonstration Permits for MSWLFs

 

a) Except as provided in subsection (f) of this Section, and subject to the limitations

of subsections (c) through (e) of this Section, the Agency must issue a research,

development, and demonstration (RD&D) permit for a new MSWLF unit,

existing MSWLF unit, or lateral expansion, for which the owner or operator

proposes to utilize innovative and new methods that deviate from either or both of

the following standards, provided the Agency has determined that the MSWLF

unit has a leachate collection system that is designed and constructed to maintain

less than a 30-cm depth of leachate on the liner and that the innovative and new

methods will not cause contamination of groundwater or surface water:

 

1) The run-on control systems in 35 Ill. Adm. Code 811.103(b)(1) and (b)(2);

and

 

2) The liquids restrictions in 35 Ill. Adm. Code 811.107(m)(1).

 

b) The Agency must issue a research, development, and demonstration permit for a

new MSWLF unit, existing MSWLF unit, or lateral expansion for which the

owner or operator proposes to utilize innovative and new methods that deviate

from the final cover standards of 35 Ill. Adm. Code 811.314(b) and (c) provided

the Agency has determined that the MSWLF unit owner or operator has

demonstrated that the infiltration of liquid through the alternative cover system

will not cause contamination of groundwater or surface water or cause leachate

depth on the liner to exceed 30-cm.

 

c) Any RD&D permit issued under this Section must include such terms and

conditions as are at least as protective as the MSWLF standards of 35 Ill. Adm.

Code 811.103(b)(1) and (b)(2), 811.107(m)(1), and 811.314(b) and (c) from

which the deviation is granted to assure protection of human health and the

environment. Such a permit must include the following conditions:

---

 

1) It must provide for the construction and operation of such facilities as are

necessary, for not longer than three years, unless the permit is renewed as

provided in subsection (e) of this Section;

 

2) It must provide that the MSWLF unit must receive only those types and

quantities of municipal solid waste and non-hazardous wastes that the

Agency has deemed appropriate for the purposes of determining the

efficacy and performance capabilities of the technology or process;

 

3) It must include such requirements as are necessary to protect human health

and the environment, including such requirements as are necessary for

testing and providing information to the Agency with respect to the

operation of the facility;

 

4) It must require the owner or operator of a MSWLF unit permitted under

this Section to submit an annual report to the Agency showing whether

and to what extent the site is progressing in attaining project goals. The

report will also include a summary of all monitoring and testing results, as

well as any other operating information specified by the Agency in the

permit; and

 

5) It must require compliance with all standards in 35 Ill. Adm. Code 811,

except as permitted under this Section.

 

d) The Agency may request in writing that the owner or operator immediately

terminate all operations at the facility permitted under this Section or request that

the owner or operator undertake other corrective measures at any time the Agency

has reason to believe that the overall goals of the project are not being attained,

including protection of human health or the environment. The Agency or any

person may file an enforcement action pursuant to Section 41 of the Act [415

ILCS 5/41] for any violations of the Act [415 ILCS 5].

 

e) No permit issued under this Section may exceed three years in duration, and no

single renewal of a permit under this Section may exceed three years in duration.

 

1) The total term for a permit for a project including renewals may not

exceed twelve years; and

 

2) During permit renewal, the applicant must provide a detailed assessment

of the project showing the status with respect to achieving project goals, a

list of problems and status with respect to problem resolutions, and any

other requirements that the Agency determines are necessary for permit

renewal.

 

---

f) Small MSWLF units. An owner or operator of a MSWLF unit that disposes of 20

tons of municipal solid waste per day or less, based on an annual average, is not

eligible for an RD&D permit under this Section with regard to the standards of 35

Ill. Adm. Code 811.314(b) and (c), except in accordance with 35 Ill. Adm. Code

811.314(d).

 

BOARD NOTE: This Section is derived from 40 CFR 258.4 (2004).

 

(Source: Added at 29 Ill. Reg. 5066, effective March 22, 2005)

 

 

SUBPART B: ADDITIONAL PROCEDURES FOR MODIFICATION AND

SIGNIFICANT MODIFICATION OF PERMITS

 

Section 813.201 Initiation of a Modification or Significant Modification

 

a) Operator Initiated Modification

 

A modification or significant modification to an approved permit shall be initiated

at the request of an operator at any time after the permit is approved. The

operator initiates a modification or significant modification by application to the

Agency.

 

b) Agency Initiated Modification

 

1) The Agency may modify a permit under the following conditions:

 

A) Discovery of a typographical or calculation error;

 

B) Discovery that a determination or condition was based upon false

or misleading information;

 

C) An order of the Board issued in an action brought pursuant to Title

VIII, IX or X of the Act; or

 

D) Promulgation of new statutes or regulations affecting the permit.

 

2) Modifications initiated by the Agency shall not become effective until

after 45 days of receipt by the operator, unless stayed during the pendency

of an appeal to the Board. All other time periods and procedures in

813.203 shall apply. The operator may request the Agency to reconsider

the modification, or may file a petition with the Board pursuant to Section

813.106. All other time periods and procedures in 813.203 shall apply.

 

---

Section 813.202 Information Required for a Significant Modification of an Approved

Permit

 

The applicant shall submit all information required by 35 Ill. Adm. Code 812 that will be

changed from that in the original or most recent approved permit.

 

Section 813.203 Specific Information Required for a Significant Modification To

Obtain Operating Authorization

 

Prior to placing into service any structure constructed at a landfill, pursuant to a construction

quality assurance program in accordance with 35 Ill. Adm. Code 811.Subpart E., the applicant

shall submit an acceptance report prepared in accordance with the requirements of 35 Ill. Adm.

Code 811.505(d) in order to obtain an operating authorization issued by the Agency. The

Agency shall issue operating authorizations as a permit condition pursuant to Section 39 of the

Act and this Part.

 

Section 813.204 Procedures for a Significant Modification of an Approved Permit

 

Application for significant modifications shall be subject to all requirements and time schedules

in Subpart A.

 

SUBPART C: ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

 

Section 813.301 Time of Filing

 

An application for renewal of a permit shall be filed with the Agency at least 90 or 180 days,

depending upon which Agency final action deadline applies pursuant to Section 39(a) of the Act,

prior to the expiration date of the existing permit.

 

Section 813.302 Effect of Timely Filing

 

WHEN A PERMITTEE HAS MADE TIMELY AND SUFFICIENT APPLICATION FOR THE

RENEWAL OF A PERMIT, THE EXISTING PERMIT SHALL CONTINUE IN FULL FORCE

AND EFFECT UNTIL THE FINAL AGENCY DECISION ON THE APPLICATION HAS

BEEN MADE AND ANY FINAL BOARD DECISION ON ANY APPEAL PURSUANT TO

SECTION 40 HAS BEEN MADE UNLESS A LATER DATE IS FIXED BY ORDER OF A

REVIEWING COURT. (Section 16(b) of the Illinois Administrative Procedure Act (Ill. Rev.

Stat. 1989, ch. 127, par. 1016(b))

 

Section 813.303 Information Required for a Permit Renewal

 

a) The operator shall submit only that information required by 35 Ill. Adm. Code

812 that has changed since the last permit review by the Agency;

 

b) The operator shall update the groundwater impact assessment in accordance with

Section 813.304; and

---

 

c) The operator shall provide a new cost estimate for closure and postclosure care

pursuant to 35 Ill. Adm. Code 811.Subpart F based upon the operations expected

to occur in the next permit term.

 

Section 813.304 Updated Groundwater Impact Assessment

 

a) The applicant shall conduct a new groundwater impact assessment in accordance

with 35 Ill. Adm. Code 811.317 if any of the following changes in the facility or

its operation will result in an increase in the probability of exceeding a

groundwater standard beyond the zone of attenuation:

 

1) New or changed operating conditions;

 

2) Changes in the design and operation of the liner and leachate collection

system;

 

3) Changes due to more accurate geological data;

 

4) Changes due to modified groundwater conditions due to offsite activity;

 

5) Changes due to leachate characteristics.

 

b) If the operator certifies that the conditions applicable to the original assessment

have not changed in such a way as to result in violation of groundwater standards

pursuant to 35 Ill. Adm. Code 811.320, outside the zone of attenuation and no

monitoring well shows concentrations of constituents in groundwater greater than

such groundwater standards, then a new groundwater impact assessment need not

be performed.

 

Section 813.305 Procedures for Permit Renewal

 

Applications for permit renewal shall be subject to all requirements and time schedules in

Subpart A.

 

SUBPART D: ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION

OF TEMPORARY AND PERMANENT CLOSURE AND POSTCLOSURE CARE

 

Section 813.401 Agency Notification Requirements

 

a) The operator shall send to the Agency a notice of closure within 30 days after the

date the final volume of waste is received.

 

b) The operator shall notify the Agency within 30 days after any temporary

suspension of waste acceptance. The operator must comply with the requirements

---

included in a permitted closure plan in accordance with 35 Ill. Adm. Code

812.114(d) that are applicable during any such period.

 

c) Until closure has been completed, the operator shall maintain a copy of the

closure plan at the site or at a definite location, specified in the permit, so as to be

available during inspection of the site.

 

BOARD NOTE: 35 Ill. Adm. Code 807.Subpart E includes requirements for

closure and temporary suspension and for closure and temporary suspension

plans.

 

Section 813.402 Certification of Closure

 

a) When closure of a unit is completed, the operator shall submit to the Agency:

 

1) Documentation concerning closure of the closed unit including plans or

diagrams of the unit as closed and date closure was completed.

 

2) An affidavit by the operator and the seal of a professional engineer that

the unit has been closed in accordance with the closure plan and all

requirements of 35 Ill. Adm. Code 811.

 

b) When the Agency determines, pursuant to the information received pursuant to

subsection (a) and any Agency site inspection, that the unit has been closed in

accordance with the specifications of the closure plan, and the closure

requirements of this Part, the Agency shall:

 

1) Issue a certificate of closure; and

 

2) Specify the date the postclosure care period begins, based on the date that

closure was completed.

 

Section 813.403 Termination of the Permit

 

a) At the end of the postclosure care period the operator and a professional engineer

shall certify that postclosure care is no longer necessary. The certification shall

include the affidavit of the operator, the seal of a professional engineer and

documentation demonstrating that, due to compliance with the requirements of 35

Ill. Adm. Code 811, 812 and 814:

 

1) Leachate removal is no longer necessary;

 

2) Landfill gas collection is no longer necessary;

 

3) Gas monitoring is no longer necessary;

 

---

4) Groundwater monitoring is no longer necessary;

 

5) The surface has stabilized sufficiently with respect to settling and erosion

so that further stabilization measures, pursuant to the postclosure care

plan, are no longer necessary;

 

6) The facility does not constitute a threat of pollution to surface water; and

 

7) The operator has completed all requirements of the postclosure plan.

 

b) Within 90 days after receiving the certification required by subsection (a), the

Agency shall notify the operator in writing that it is no longer required to

maintain financial assurance for postclosure care of the site, unless the Agency

determines, pursuant to the information received pursuant to subsection (a) and

any Agency site inspection, that continued postclosure care is required pursuant to

the postclosure care plan and this Part.

 

c) If the operator is not required to give financial assurance, then within 90 days

after receiving the certification required by subsection (a), the Agency shall notify

the operator in writing that the permit is terminated, unless the Agency

determines, pursuant to the information received pursuant to subsection (a) and

any Agency site inspection, that continued postclosure care is required pursuant to

the postclosure care plan and this Part.

 

d) The operator may deem the Agency action pursuant to this Section as a denial or

grant of permit with conditions for purposes of appeal pursuant to Section 40(d)

of the Act and Subpart A.

 

SUBPART E: CERTIFICATION AND REPORTS

 

Section 813.501 Annual Certification

 

All permitted landfills shall submit an annual certification to the Agency during operation and

for the entire postclosure monitoring period. Such certification shall be signed by the operator or

duly authorized agent as specified in 35 Ill. Adm. Code 815.102, shall be filed each year by the

first day of the month chosen and specified by the Agency in the facility permit, and shall state

as follows:

 

a) All records required to be submitted to the Agency pursuant to 35 Ill. Adm. Code

858.207 and 858.308 have been timely and accurately submitted; and

 

b) All applicable fees required by the Act have been paid in full.

 

(Source: Amended at 22 Ill. Reg. 11483, effective June 23, 1998)

 

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Section 813.502 Groundwater Reports and Graphical Results of Monitoring Efforts

 

a) All groundwater monitoring data shall be submitted to the Agency at the same

frequency as established for groundwater detection monitoring pursuant to

Section 811.319(a), in a form prescribed by the Agency, and in accordance with a

schedule approved in the permit.

 

b) Upon written Agency request, monitoring data depicted in a graphical form

prescribed by the Agency shall be submitted to the Agency. Such data shall be

submitted within 45 days after the date of the Agency's written request.

 

(Source: Amended at 22 Ill. Reg. 11483, effective June 23, 1998)

 

Section 813.503 Information to be Retained at or near the Waste Disposal Facility

 

Information developed by the operator, including annual reports, shall be kept at or near the

facility for inspection by the Agency upon request during normal working hours. If there is no

active office for maintenance of records at the facility during the postclosure care period, then an

alternate active operation site in the state, owned or operated by the same facility operator, may

be specified. The Agency must be notified of the address and telephone number of the operator

at the alternative facility where the information will be retained. This information must be

retained through the postclosure care period.

 

(Source: Amended at 22 Ill. Reg. 11483, effective June 23, 1998)

 

Section 813.504 Annual Report

 

An annual report shall be submitted to the Agency each calendar year, by the date specified

by the Agency in the facility permit, containing the following materials:

 

a) Information relating to monitoring data from the leachate collection

system, groundwater monitoring network, gas monitoring system, and any

other monitoring data which was specified in the operator's permit,

including:

 

1) Summary of monitoring data for the calendar year;

 

2) Dates of submittal of comprehensive monitoring data to the

Agency during the calendar year;

 

3) Statistical summaries and analysis of trends;

 

4) Changes to the monitoring program; and

 

5) Discussion of error analysis, detection limits, and observed trends.

 

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b) Proposed activities for the year:

 

1) Amount of waste expected in the next year;

 

2) Structures to be built within the next year; and

 

3) New monitoring stations to be installed within the next year.

 

c) Any modification or significant modification affecting the operation of a

facility.

 

d) The signature of the operator or duly authorized agent as specified in 35

Ill. Adm. Code 815.102.

 

(Source: Added at 22 Ill. Reg. 11483, effective June 23, 1998)