TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 831

INFORMATION TO BE SUBMITTED IN A COMPOST FACILITY PERMIT

APPLICATION

SUBPART A: GENERAL INFORMATION REQUIRED FOR ALL COMPOST

FACILITIES

Section

831.101

Scope and Applicability

831.102 Severability

831.103

Certification by Professional Engineer

831.104 Application Fees

831.105 Required Signatures

831.106 Site Identification

Narrative Description of the Facility

831.110 Legal Description

831.111

Proof of Land Ownership and Certification

831.112 Closure Plan

831.113 Financial Assurance

831.114

Operator-Initiated Modification of an Approved Permit

831.115

Modification to Obtain Operating Authorization

831.116 Permit Renewal

AUTHORITY: Implementing Sections 5, 21, 22.33, 22.34, 22.35 and 39 and authorized

by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 22.33, 22.34,

22.35, 27 and 39].

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of

July 1, 1994.

SOURCE: Adopted at 18 Ill. Reg. 16942, effective November 30, 1994; amended in

R97-29 at 22 Ill. Reg. 21044, effective November 23, 1998.

SUBPART A: GENERAL INFORMATION REQUIRED FOR ALL COMPOST

FACILITIES

Section 831.101 Scope and Applicability

This Part contains the procedures to be followed by all applicants in applying for permits

required pursuant to Section 21(d) of the Act. The definitions set forth in 35 Ill. Adm.

Code 830.102 apply to this Part.

Section 831.102 Severability

If any provision of this Part is adjudged invalid, or if the application thereof to any

person or in any circumstance is adjudged invalid, such invalidity shall not affect the

validity of either this Part as a whole or any Subpart, Section, subsection, sentence or

clause thereof not adjudged invalid.

Section 831.103 Certification by Professional Engineer

All designs presented in the application must be prepared by, or under the supervision of,

a professional engineer if required by the Illinois Professional Engineering Practice Act

[225 ILCS 325]. The professional engineer shall affix the name of the engineer, date of

preparation, registration number, a statement attesting to the accuracy of the information

and design and a professional seal to all designs.

Section 831.104 Application Fees

The permit application must be accompanied by all filing fees required pursuant to

Section 5(f) of the Act.

Section 831.105 Required Signatures

a) All permit applications must contain the full legal name, address and

telephone number of the operator, the property owner, if different from the

operator, and any duly authorized agent(s) of the operator or property

owner to whom all inquiries and correspondence shall be addressed.

b) All permit applications must be signed by the operator and the property

owner, if different from the operator, or the duly authorized agent(s) of the

operator or property owner, accompanied by an oath or affidavit attesting

to the agent's authority to sign the application, if applicable, and notarized.

The following persons are considered duly authorized agents of the

operator and the property owner:

1) For corporations, a principal executive officer of at least the level

of vice president;

2) For a sole proprietorship or partnership, the proprietor or a general

partner, respectively; and

3) For a municipality, state, federal or other public agency, the head

of the agency or ranking elected official.

Section 831.106 Site Identification

For existing permitted sites, the site name and the Illinois Inventory Identification

Number previously assigned by the Agency shall be used in correspondence with the

Agency regarding the facility. Permit applications for new facilities must include the

proposed facility name, the latitude and longitude of the site, if available, the legal

description of the site, if available, and the physical location, including at a minimum the

city or township, county, state and zip code. An Illinois Inventory Identification Number

will be assigned by the Agency.

Section 831.107 Site Location Map

All permit applications shall contain a site location map on the most recent United States

Geological Survey (USGS) quadrangle of the area from the 7 1/2 minute series

(topographic), or on such other map whose scale clearly shows the following

information:

a) The permit area and all adjacent property, extending at least 1/2 mile

beyond the boundary of the facility;

b) The prevailing wind direction;

c) All rivers designated for protection under the Wild and Scenic Rivers Act

(16 USC 127 et seq.);

d) The limits of all 10-year floodplains;

e) All natural areas designated as a Dedicated Illinois Nature Preserve

pursuant to the Illinois Natural Areas Preservation Act [525 ILCS 30];

f) All historic and archaeological sites designated by the National Historic

Preservation Act (16 USC 470 et seq.) and the Illinois Historic

Preservation Act [20 ILCS 3410];

g) All areas identified as a critical habitat pursuant to the Endangered

Species Act (16 USC 1531 et seq.) and the Illinois Endangered Species

Protection Act [520 ILCS 10];

h) All main service corridors, transportation routes, and access roads to the

facility;

i) All residences and areas in which people congregate within 1/2 mile of the

facility boundaries;

j) The locations of all on-site potable water supply wells and all potable

water supply wells within 1/8 mile of the boundaries of the facility;

k) The types of land use for the properties immediately adjacent to the

facility (i.e., residential, commercial, industrial, agricultural, etc.). This

must include any zoning classifications of these properties and the

location (and function) of all buildings within 1/2 mile of the facility; and

l) In the case of a facility that is developed or the permitted composting area

of which is expanded after January 1, 1999, all of the following, the

property line of which is within 1/8 mile of the nearest edge of the

composting area:

1) Facilities that primarily serve to house or treat people that are

immunocompromised or immunosuppressed, such as cancer or

AIDS patients; people with asthma, cystic fibrosis, or bioaerosol

allergies; or children under the age of one year;

2) Primary and secondary schools and adjacent areas that the school

uses for recreation; and

3) Any facility for child care licensed under Section 3 of the Child

Care Act of 1969 [225 ILCS 10/3]; preschools; and adjacent areas

that the facility or preschool uses for recreation.

(Source: Amended at 22 Ill. Reg. 21044, effective November 23, 1998)

Section 831.108 Site Plan Map

The application must contain maps or plan sheets showing the location of the facility, on

a scale no smaller than one inch equals 200 feet, containing five-feet contour intervals

where the relief exceeds 20 feet and a two-feet contour interval where the relief is 20 feet

or less, and referenced to a USGS datum. The following information shall be provided:

a) The boundaries of the facility;

b) The boundaries of the composting area(s);

c) The property boundaries, if different;

d) The location of all buildings on the property and any other pertinent location data

with respect to the operation of the proposed facility (i.e., utilities, water supply,

fencing, access roads, paved areas, etc.);

e) The location of all staging and stockpiling areas for landscape waste, end-product

compost, windrow bulking agents or additives;

f) The drainage patterns of the composting facility and surrounding areas. At a

minimum, the direction of both on-site and off-site drainage, as well as the

location of any ditches, swales, berms or other structures that exist or will be

constructed to control runoff and leachate generated by the facility's operation

must be identified; and

g) Proof that all authorizations, permits, and approvals required from each Bureau of

the Agency have been applied for or obtained.

Section 831.109 Narrative Description of the Facility

The permit application must contain a written description of the facility with supporting

documentation describing the procedures and plans that will be used at the facility to

comply with the requirements of this Part and any other applicable Parts of 35 Ill. Adm.

Code: Chapter I. Such description must include, but not be limited to, the following

information:

a) An estimate of the maximum annual volume and peak daily volume of

landscape waste the facility will be able to process;

b) Proof of the following:

The facility includes a setback of at least 200 feet from the nearest

potable water supply well

;

The facility is located outside the boundary of the 10-year

floodplain or the site will be floodproofed

;

The facility is located so as to minimize incompatibility with the

character of the surrounding area, including at least a 200 foot

setback from any residence and in the case of a facility that is

developed or the permitted composting area of which is expanded

after November 17, 1991 the composting area is located at least

1/8 mile from the nearest residence (other than a residence located

on the same property as the facility)

. In addition, in the case of a

facility that is developed or the permitted composting area of

which is expanded after January 1, 1999, the composting area is

located at least 1/8 mile from the property line of each of the

following:

A) Facilities that primarily serve to house or treat people that

are immunocompromised or immunosuppressed, such as

cancer or AIDS patients; people with asthma, cystic

fibrosis, or bioaerosol allergies; or children under the age

of one year;

B) Primary and secondary schools and adjacent areas that the

school uses for recreation; and

C) Any facility for child care licensed under Section 3 of the

Child Care Act of 1969 [225 ILCS 10/3]; preschools; and

adjacent areas that the facility or preschool uses for

recreation; and

The design of the facility will prevent any compost material from

being placed within 5 feet of the water table, will adequately

control runoff from the site, and will collect and manage any

leachate that is generated on the site

(Section 39(m) of the Act);

c) An operating plan, satisfying the requirements set forth in 35 Ill. Adm.

Code 830.206;

d) An early detection or groundwater monitoring system design, in

accordance with 35 Ill. Adm. Code 830.Appendix A, if required pursuant

to 35 Ill. Adm. Code 830.205(b)(1)(A)(iii) or 830.205(b)(2)(A)(iii);

e) A contingency plan, satisfying the requirements set forth in 35 Ill. Adm.

Code 830.212;

f) Specification of the operating hours of the facility;

g) The types of landscape waste that are proposed to be received by the

facility;

h) Descriptions of the storage areas (including their capacities) that will be

used to stage the waste before windrowing, to store bulking agent(s) or

additives and to store the end-product compost; and

i) Description of personnel training procedures, satisfying the requirements

of 35 Ill. Adm. Code 830.210.

(Source: Amended at 22 Ill. Reg. 21044, effective November 23, 1998)

Section 831.110 Legal Description

The permit application must contain a legal description of the facility boundary. Data

supplied by any registered land surveyor contained in the permit application must bear

the signature or seal of that registered land surveyor. References are to be included when

such data are obtained from published sources.

Section 831.111 Proof of Land Ownership and Certification

The permit application must contain a certificate of ownership of the land on which the

facility is located or a copy of the lease and its duration. The lease must clearly specify

that the property owner authorizes the construction of a composting facility on the leased

premises. The operator or property owner shall certify that the Agency will be notified

30 days prior to any changes in property ownership or conditions in the lease affecting

the permit area.

Section 831.112 Closure Plan

The permit application must contain a written closure plan which contains a description

of methods for compliance with all closure requirements in 35 Ill. Adm. Code 830.

Section 831.113 Financial Assurance

The permit application must contain methods to ensure financial assurance satisfying the

requirements in 35 Ill. Adm. Code 830.Subpart F.

Section 831.114 Operator-Initiated Modification of an Approved Permit

a) To initiate a permit modification authorizing construction, resulting in an

increase in capacity or extending the term of the existing permit, the

operator shall file a complete permit application, on a form provided by

the Agency, demonstrating compliance with all applicable requirements

set forth in 35 Ill. Adm. Code 830.

b) To initiate any other permit modification, the operator shall submit, on a

form provided by the Agency, a request for the desired modification. The

applicant shall submit all information required pursuant to this Part which

pertains to the desired modification.

Section 831.115 Modification to Obtain Operating Authorization

Unless otherwise authorized in the facility permit, prior to placing into service any

structure constructed at a facility, the applicant shall obtain an operating authorization as

a permit condition. In order to obtain such an operating authorization, the operator shall

submit a report documenting that construction has been completed in accordance with the

engineering design.

Section 831.116 Permit Renewal

a) The operator shall submit only that information required pursuant to this

Part that has changed since the last permit review by the Agency.

b) The operator shall update any groundwater impact assessment, in

accordance with 35 Ill. Adm. Code 830.Appendix A.

c) The operator shall provide a new cost estimate for closure pursuant to 35

Ill. Adm. Code 830.213 and 35 Ill. Adm. Code 830.Subpart F, based

upon the maximum cost of premature final closure in the next permit term.