)
)
)
)
)
R88—7
(Rulemaking)
ILLINOIS POLLUTION CONTROL BOARD
June
7,
1990
IN THE MATTER OF:
DEVELOPMENT,
OPERATING
AND
REPORTING REQUIREMENTS FOR
MON-HAZARDOUS WASTE LANDFILLS
PROPOSED RULES.
SECOND NOTICE.
PROPOSED ORDER OF THE BOARD
(by J. Anderson):
The Board hereby proposes the following rules for Second
Notice pursuant to Ill.
Rev.
Stat.
1989,
ch.
127, par.
1005.01(b).
A discussion
of the proposed rules and all public
comments received to date appears in
a separate Opinion of this
same date.
The text of the proposed rules will not appear
in the
bound opinion volumes due to their extreme length.
The Board hereby directs the Clerk of the Board
to cause a
copy of the proposed rules, together with the necessary
supporting documents,
to be forwarded to the Joint Committee on
Administrative Rules.
IT IS SO ORDERED.
J.
Dumelle and B.
Forcade concurred.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certify that the above Order was adopted on the
day of
____________,
1990,
by a vote of
70
lerk
Control Board
112—133
2
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
i:
SOLID WASTE
AND
SPECIAL WASTE
HAULING
PART 807
SOLID WASTE
SUBPART A:
GENERAL PROVISIONS
Authority,
Policy and Purposes
Repeals
SUBPART B:
SOLID WASTE PERMITS
Section
807.201
807.202
807.203
807.204
807.205
807.206
807.207
807.208
807.209
807 .210
807 .211
807.212
807.213
807.214
Section
807. 301
807.302
807.303
807.304
807.305
807.306
807.307
807.308
807.309
807.310
807.311
807.312
807.313
807.314
807.315
807.316
807.317
Development Permits
Operating Permits
Experimental Permits
Former Authorization
Applications for Permit
Permit Conditions
Standards for Issuance
Permit No Defense
Permit Revision
Supplemental Permits
Transfer of Permits
Permit Revocation
Design,
Operation
arid Maintenance Criteria
Revised Cost Estimates
SUBPART C:
SANITARY LANDFILLS
Prohibition
Compliance with Permit
Methods of Operation
Equipment,
Personnel and Supervision
Cover
Litter
Salvaging
Scavenging
Animal Feeding
Special Wastes
Open Burning
Air Pollution
Water Pollution
Standard Requirements
Protection of Waters of the State
Application
Operating Records
Section
807 .101
807.102
807.103
807. 104
807. 105
Severability
Definitions
Relation to Other Rules
I12—1~34
3
807.318
Completion or Closure Requirements
SUBPART
E:
CLOSURE
AND
POST-CLOSURE CARE
Section
807.501
807.502
807.503
807.504
807. 505
807. 506
807.507
807.508
807.509
807.523
807.524
Purpose,
Scope and Applicability
Closure Performance Standard
Closure Plan
Amendment of Closure Plan
Notice of Closure and Final Amendment to Plan
Initiation of Closure
Partial Closure
Certification of Closure
Use of Waste Following Closure
Postclosure Care Plan
Implementation and Completion of Postclosure Care Plan
SUBPART
F:
FINANCIAL ASSURANCE FOR CLOSURE AND POSTCLOSURE CARE
Purpose,
Scope and Applicability
Requirement to Obtain Financial Assurance
Time for Submission of Financial Assurance
Upgrading Financial Assurance
Release of Financial Institution
Application of Proceeds and Appeal
Release of the Operator
Current Cost Estimate
Cost Estimate for Closure
Cost Estimate for Postclosure Care
Biennial Revision of Cost Estimate
Interim Formula for Cost Estimate
Mechanisms for Financial Assurance
Use of Multiple Financial Mechanisms
Use of Financial Mechanism for Multiple Sites
Trust Fund for Unrelated Sites
RCRA Financial Assurance
Trust Fund
Surety Bond Guaranteeing Payment
Surety Bond Guaranteeing Performance
Letter of Credit
Closure Insurance
Self—insurance for Non-commercial Sites
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
Operator’s Bond Without Surety
Operator~sBond With Parent Surety
Section
807.600
807.601
807.602
807. 603
807.604
807.605
807.606
807.620
807.621
807.622
807.623
807.624
807.640
807.641
807.642
807.643
807.644
807.661
807. 662
807. 663
807.664
807
.
665
807.666
Illustrati.on G
Illustration H
i12—135
4
Illustration
I Letter from Chief Financial Officer
Appendix B
Old Rule Numbers Referenced
AUTHORITY:
Implementing Sections
5,
21.1 and 22 and authorized
by Section 27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2,
pars.
1005,
1021.1,
1022 and 1027)
SOURCE:
Adopted as an emergency rule and filed with the
Secretary of State July 27,
1973; amended at
2
Ill. Reg.
16,
p.
3,
effective April
10,
1978; codified at
7
Ill. Reg.
13636;
recodified from Subchapter h to Subchapter
i
at
8 Ill.
Reg.
13198; emergency amendment
in R84-22A at 9
Ill. Reg.
741,
effective January
3, 1985 for a maximum of 150 days;
amended in
R84—22B at
9 Ill.
Reg.
6722,
effective April 29,
1985; amended in
R84—22C at
9 Ill.
Reg.
18942, effective November 25,
1985;
amended in R88—7 at
14
Ill.
Reg.
effective
NOTE:
Capitalization denotes statutory language.
SUBPART
A:
GENERAL PROVISIONS
Section 807.105
Relation to Other Rules
~j
Persons and facilities regulated pursuant to 35
Ill.
Adm. Code 700 through 749 are not sublect to the
requirements
of this Part or of 35
Ill.
Adrn.
Code 811
through 815.
However,
if such
a facility also contains
one or more units used solely for the disposal of solid
wastes,
as defined in
35 Ill.
Adm.
Code 810.103.
such
units are sub-ject to requirements
of this Part and
35
Ill. Adm.
Code 811 through 815.
bJ
Persons and facilities subect to 35
Ill.
Adm. Code
807,
809 or 811 through 815 may be subject to other
applicable Parts of 35 Ill.
Adni.
Code:
Chapter I based
on the language of those other Parts.
Specific
examples of such applicability are provided
as
explained at
35 Ill.
Adni.
Code 700.102.
gj
The requirements of
35
Ill. Adm. Code 810 through 815
are intended to supersede the requirements of this
Part.
Persons and facilities regulated pursuant to 35
Ill.
Adni. Code 810 through
815 are not sublect to the
requirements
of this Part.
This Part does not apply to
new units as defined
in 35
Ill.
Adrn.
Code 810.103.
Source:
Added at
14
Ill.
Reg.
effective
112—136
5
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
1:
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 and 22.17, and
authorized by Section 27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2, pars.
1005,
1021,
1021.1,
1022,
1022.17 and 1027).
SOURCE:
Adopted in R88-7
at
14
Ill. Reg.
effective
NOTE:
Capitalization indicates statutory language.
Section 810.101
Scope and Applicability
This Part applies to all solid waste disposal facilities
regulated pursuant to 35
Ill.
Adni. Code 811 through 815.
This
Part does not apply to hazardous waste management facilities
regulated pursuant to 35 Ill. Adm.
Code 700 through 750.
Section 810.102
Severability
If any provision of this Part or of
35 Ill.
Adni.
Code 811 through
815 or its application to any person or under any circumstances
is adjudged invalid, such adjudication shall not affect the
validity of this Part or of 35 Ill.
Adm. Code 811 through 815 as
a whole or of any portion not adjudged invalid.
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 the same as that applied to
the same words or terms in the Environmental Protection Act
(Act)
(Ill.
Rev. Stat.
1989,
ch.
111 1/2,
pars.
1001 et. seq.):
“Act” means the Environmental Protection Act,
Ill. Rev.
Stat.
1989,
ch.
ill 1/2, pars.
1001
et. seq.
“AGENCY” IS THE ENVIRONMENTAL PROTECTION AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.
(Section 3.08 of the Act.)
112—137
6
“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.
“Applicant” means the person,
submitting an appli—
cation 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
Groundwater Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2,
par.
7453).)
“Bedrock” means the solid rock formation immediately
underlying any loose superficial material such as soil,
alluvica or glacial drift.
“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 berins.
“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.
“Contaminated leachate” means any leachate whose
constituent violate the standards
of 35 Ill. Adm. Code
811.202.
“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
112—138
7
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 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 hypothesis.
“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 is not defined in this Section as a new
facility or a new unit.
“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
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 sta-
tions.
“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.
“Gas collection system” means
a system of wells,
trenches,
pipes and other structures that collects and
112—139
8
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.
“Geoinembranes” means manufactured membrane liners and
barriers of
low permeability used to control the migra-
tion of fluids or gases.
“Geotextiles” are permeable manufactured materials used
for purposes which include, but are not limited to,
strengthening soil, providing a filter to prevent
clogging of drains, 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)
“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
Section 811.202(b).
Such inert wastes shall 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)
“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.
Adin.
112—140
9
Code:
Chapter
I may apply,
and may include the
permitting requirements
of 35
Ill.
Adni.
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.
“Leachate” means liquid that has been or
is
in direct
contact with
a solid waste.
“Lift” means an accumulation of waste which is
compacted into a unit and over which cover is placed.
“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 TO
UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR
PROPERTY.
(Section 3.02 of the Act (defining “air
pollution”).)
“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 35 Ill.
Adm. Code
309.Subpart A and
310.
“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 the
effective date of this Part;
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 the effective date of this Part;
or
112—141
10
It is a landfill with a unit whose maximum design
capacity or lateral extent is increased after the
effective date of this Part.
BOARD NOTE:
A new unit located in an existing
facility shall
be considered
a unit subject to 35
Ill.
Adin. Code 814, which references applicable
requirements of 35 Ill.
Adm. Code 811.
“One hundred
(1001 year flood plain” means any land
area which is subject to a one percent or greater
chance of flooding
in a given year from any source.
“One hundred
(1001 year,
24 hour precipitation event”
means a precipitation event of
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.
“Perched watertable” means an elevated watertable above
a discontinious saturated lense, 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.)
“Professional engineer” means
a person who has
registered and obtained a seal pursuant to “The
Illinois Professional Engineering Act”
(Ill.
Rev. Stat
1987,
ch.
ill, par.
5101 et seq.).
“Professional land surveyor” means a person who has
received a certificate of registration and a seal
pursuant to “The Land Surveryors Act”
(Ill.
Rev.
Stat.
1989,
ch.
ill, par. 3201 et seq.)
“Putrescible waste” means a solid waste that contains
organic matter capable of being decomposed by
microorganisms so as to cause a rnalodor, gases,
or
other offensive conditions,
or which is capable of
providing food for birds and vectors.
Putrescible
wastes may form
a contaminated leachate from
112—14 2
11
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 do not meet the definitions of inert or
chemical wastes shall
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 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.
“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 chan-
nel,
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 sutervision 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.
112—143
12
“Scavenging” means the removal of materials from a
solid waste management facility or unit which 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 sieve.
“Significant Modification” means a modification to an
approved permit that
is required when one or more of
the following changes, considered significant when the
change is outside the expected operating range of
values for that parameter of 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;
112—144
13
A decrease in the quality or quantity of data from
any environmental monitoring system;
A change in the applicable background concentra-
tions or the mz~ximumallowable 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.
“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.
112—145
14
“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.
Adni.
Code:
Chapter
I may apply,
including the
permitting requirements of
35 Ill. Adm. Code 309.
“Twenty-five
(25) year,
24 hour precipitation event”
means a precipitation event of 24 hour duration with a
probable recurrence interval of once in 25 years.
“Uppermost aquifer” means the first geologic formation
above and below the bottom elevation of
a constructed
liner or wastes, where no liner is present, which 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 noncontainerized
masses of solid, non flowing wastes are placed for
disposal.
For the purposes of this Part and 35
Ill.
Adin. 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 include photographs, records
or other observable or discernable information,
maintained on a yearly basis, that show that within the
preceeding year the waste has been removed for
utilization or disposed elsewhere.
“Waste stabilization” means any chemical, physical or
thermal treatment of waste, either alone or in
combination with biological processes,
which 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.
“Zone of attenuation”
is the three dimensional region
formed by excluding the volume occupied by the waste
112—146
15
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.
Section
~31O.i04
Incorporations by Reference
a)
The Board incorporates the following material by
reference:
40 CFR 141.40
(1988).
Accounting Standards, General Standards,
1988/89
Edition,
as of June
1,
1988,
available through the
Financial Accounting Standards Board,
401 Merrit
7,
P.O. Box
5116, Norwalk,
CT
06856—5116.
b)
This incorporation includes no later amendments or
editions.
112—147
16
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
811.102
811.103
811. 104
811.105
811.106
811. 107
811.108
811.109
811.110
811.111
Section
811.201
811.202
811.203
811.204
811.205
811.206
811.207
Scope and Applicability
Location Standards
Surface Water Drainage
Survey Controls
Compaction
Daily Cover
Operating Standards
Salvaging
Boundary Control
Closure and Written Closure Plan
Postclosure Maintenance
SUBPART
B:
INERT WASTE LANDFILLS
Scope
and
Applicability
Determination
of
Contaminated Leachate
Design
Period
Final Cover
Final Slope and Stabilization
Leachate Sampling
Load Checking
Section
811.
301
811
.
302
811.303
811.304
811.305
811.306
811.
307
811.308
811.309
811.310
811.311
811.
312
811.
313
811.
314
811.
315
811.316
811.317
811.318
SUBPART C:
PUTRESCIBLE
AND
CHEMICAL WASTE LANDFILLS
Scope and Applicability
Facility Location
Design Period
Foundation and Mass Stability Analysis
Foundation Construction
Liner Systems
Leachate Drainage System
Leachate Collection System
Leachate Treatment and Disposal System
Landfill Gas Monitoring
Landfill Gas Management System
Landfill Gas Processing and Disposal System
Intermediate Cover
Final Cover System
Hydrogeological Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact ASsessment
Design, Construction, and Operation of Groundwater
Monitoring Systems
112—148
17
Section
811.401
811.402
811.403
811.404
811.405
811.406
Section
811.700
811.701
811.702
811.703
811.704
811.705
811.706
811.707
811.708
811.709
811.710
811.711
811.712
811.713
811.714
811.715
SUBPART D:
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Scope and Applicability
Notice to Generators and Transporters
Special Waste Manifests
Identification Record
Recordkeeping Requirements
Procedures for Excluding Regulated Hazardous Wastes
SUBPART
E:
CONSTRUCTION
QUALITY ASSURANCE PROGRAMS
Scope and Applicability
Duties and Qualifications
of Key Personnel
Inspection Activities
Sampling Requirements
Documentation
Foundations and Subbases
Compacted Earth Liners
Geomembranes
Leachate Collection Systems
SUBPART
C:
FINANCIAL
ASSURANCE
Scope, Applicability and Definitions
Upgrading Financial Assurance
Release of Financial Institution
Application of Proceeds and Appeals
Closure and Postclosure Care Cost Estimates
Revision of Cost Estimate
Mechanisms for Financial Assurance
Use of Multiple Financial Mechanisms
Use of a Financial Mechanism for Multiple Sites
Trust Fund for Unrelated Sites
Trust Fund
Surety Bond Guaranteeing Payment
Surety Bond Guaranteeing Performance
Letter of Credit
Closure Insurance
Self-Insurance for Non-commercial Sites
8l1.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
811.319
811.320
811.321
811 .322
811.323
Groundwater
Monitoring
Programs
Groundwater Quality Standards
Waste Placement
Final Slope and Stabilization
Load Checking Program
Section
811.501
811.502
811.503
811.504
811.505
811.506
811.507
811.508
811. 509
112—149
18
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
AUTHORITY:
Implementing Sections 5,
21,
21.1,
22, 22.17 and 28.1
and authorized by Section 27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2, pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1 and 1027).
SOURCE:
Adopted in R88—7 at
14
Ill.
Reg.
effective
NOTE:
Capitalization
indicates
statutory
language.
SUBPART A:
GENERAL STANDARDS FOR ALL LANDFILLS
Section 811.101
Scope and Applicability
a)
The standards of this Part apply to all new landfills,
except those regulated pursuant to 35 Ill.
Adm. Code
700 through 749.
Subpart A contains general standards
applicable to all new landfills.
Subpart B contains
additional standards for new landfills which dispose of
only inert wastes.
Subpart C contains additional
standards for new landfills which dispose of chemical
and putrescible wastes.
b)
This Part shall not apply until one year after the
effective date of this Part to new landfills solely
receiving the following wastes generated by the
following industries, provided that proposed
regulations of general applicability to that industry
category are filed with the Board no later than
December
1,
1990:
wastes generated by foundries and
primary steel production facilities and coal combustion
wastes generated by electric utilities.
The
requirements of
35
Ill. Adm.
Code 807
shall apply to
such landfills during the interim period of one year
after the effective date of this Part.
This Part shall
become effective immediately after Dec.
1,
1990 if no
proposal has been filed by that date
C)
All general provisions of 35
Ill. Adm. Code 810 apply
to this Part.
Section 811.102
Location Standards
a)
The facility shall not invade or diminish the scenic,
recreational and fish and wildlife values for any river
112—150
19
designated for protection under the Wild and Scenic
Rivers Act
(16 U.S.C.
1271 et seq.).
b)
The facility shall not restrict the flow of a lao-year
flood,
result in washout of solid waste from the 100—
year flood, or reduce the temporary water storage
capacity of the 100—year floodplain,
unless measures
are undertaken to provide alternative storage capacity.
c)
The facility shall not be located in areas where
it may
pose
a threat of harm or destruction to the features
for which an irreplaceable historic, or archaeological
site was listed pursuant to the National Historic Pre-
servation Act
(16 U.S.C.
470 et seq.)
or the Illinois
Historic Preservation Act (Ill.
Rev.
Stat.
1989,
ch.
127, par.
133d1 et seq.)
for which
a Natural Landmark
was designated by the National Park Service or the
Illinois State Historic Preservation Officer,
or for
which a natural area was designated as a Dedicated
Illinois Nature Preserve pursuant to the Illinois
Natural Areas Preservation Act
(Ill. Rev.
Stat.
1989,
ch.
105 par.
701 et seq.).
d)
The facility shall not be located in areas where
it may
jeopardize the continued existence of any designated
endangered species, result in the destruction or ad-
verse modification of the critical habitat listed for
such species,
or cause or contribute to the taking of
any endangered or threatened species of plant,
fish or
wildlife listed pursuant to the Endangered Species Act
16 U.S.C.
1531 et seq.,
or the Illinois Endangered
Species Protection Act
(Ill. Rev.
Stat.
1989,
ch.
8,
par.
331 et seq.).
e)
The facility shall not cause a violation of Section 404
of the Clean Water Act
(33 U.S.C.
1251 et seq.).
f)
The facility shall not cause
a nonpoint source of pol-
lution that violates applicable legal requirements
implementing an areawide or statewide water quality
management ~1an that has been approved under Section
208 of the Clean Water Act
(33 U.S.C.
1288).
Section 811.103
Surface Water Drainage
•Runoff Froin.Di~turbedAreas
1)
Runoff from disturbed areas resulting from precip-
itation events less than or equal to the 25—year,
24-hour precipitation event that is discharged
to
waters of the State shall meet the requirements of
35 Ill.
Adm.
Code 304.
112—151
20
2)
All
discharges
of
runoff
from
disturbed
areas
to
waters of the State shall
be permitted by the
Agency in accordance with
35 Ill. Adm. Code 309.
3)
All treatment facilities shall be equipped with
bypass outlets designed to pass the peak flow of
runoff from the 100-year, 24-hour precipitation
event without damage to the treatment facilities
or surrounding structures.
4)
All surface water control structures shall be
operated until the final cover is placed and ero-
sional stability is provided by the vegetative or
other cover meeting the requirements
of Section
811.205 or 811.322.
5)
All
discharge
structures
shall
be designed to
prevent erosion and scouring of the receiving
stream
channel.
b)
Diversion of Runoff From Undisturbed Areas.
1)
Runoff from undisturbed areas shall be diverted
around disturbed areas to the maximum practical
extent.
2)
Diversion facilities shall be designed to-prevent
runoff from the 25-year, 24-hour precipitation
event from entering disturbed areas.
3)
Runoff from undisturbed areas which becomes com-
mingled with runoff from disturbed areas shall be
handled as runoff from disturbed areas and treated
in accordance with subsection
(a).
4)
All diversion structures shall be designed to
prevent erosion and scouring in the diversion
channel and downstream channels.
5)
All diversion structures shall
be operated until
the
final
cover
is placed and erosional stability
is
provided
by
the
vegetative
or other cover
meeting
the
requirements
of
Section
811.205
or
811.322.
Section 811.104
Survey Controls
a)
The boundaries of all waste disposal units, property
boundaries,
disturbed areas,
and the permit area for
facilities subject to the requirements of Section 21 of
the Environmental Protection Act
(Act)
(Ill. Rev.
Stat.
112—152
21
1989,
ch.
111 1/2,
par.
1021)
shall be surveyed and
marked by a professional land surveyor.
b)
All stakes and monuments shall be clearly marked for
identification.
c)
All stakes and monuments shall be inspected annually
and surveyed no less frequently than once
in five years
by a professional
land surveyor, who shall also replace
and resurvey any missing or damaged stakes and
monuments discovered during an inspection.
d)
Control monuments shall be established to check verti-
cal elevations.
The control monuments shall be estab-
lished and maintained by a professional land surveyor.
Section 811.105
Compaction
All wastes shall be deposited at the lowest part
of the active
face,
and compacted to the highest achievable density necessary
to minimize void space and settlement unless precluded by extreme
weather conditions.
The Agency may approve an alternative
location
for
placement
of wastes,
if the operator demonstrates
that
it is required under the conditions existing at the site or
for reasons of safety.
Section 811.106
Daily Cover
a)
A uniform layer of
at least 0.15 meter
(six inches)
of
clean
soil
material shall be placed on all exposed
waste by the end of each day of operation.
b)
Alternative materials or procedures,
including the
removal of daily cover prior to additional waste
placement, may be used, provided that the alternative
materials or procedures achieve equivalent or superior
performance to the requirements of subsection
(a)
in
the following areas:
1)
Prevention
of blowing debris;
2)
Minimization
of access to the waste by vectors;
3)
Minimization
of the threat of fires at the open
face; and
4)
Minimization
of odors.
112—153
22
Section 811.107
Operating Standards
a)
Phasing of Operations
1)
Waste shall be placed in a manner and at such a
rate that mass stability is provided during all
phases of operation.
2)
The phasing of operations at the facility shall be
designed in such a way as to allow the sequential
construction, filling,
and closure of discrete
units or parts of units.
3)
The operator shall dispose of wastes in a manner
which will facilitate the filling to final grade
and minimize the operational phase
of each dis-
crete unit or parts of units.
b)
Size and Slope of Working Face
1)
The
working face of the unit shall be no
larger
than is necessary to conduct operations in a safe
and efficient manner.
2)
The slopes of the working face area shall be no
steeper than two to one (horizontal to vertical)
unless the waste
is stable at steeper slopes.
c)
Equipment
Equipment shall be maintained and available for use at
the facility during all hours of operation,
so as to
achieve and maintain compliance with the requirements
of this Part.
d)
Utilities
All utilities,
including but not limited to heat,
lights,
power and communications equipment, necessary
for safe operation in compliance with the requirements
of this Part shall be available at the facility at all
times.
e)
Maintenance
The operator shall maintain and operate all systems and
related appurtenances and structures in a manner that
facilitates proper operations in compliance with this
Part.
f)
Open Burning
112—154
23
Open burning is prohibited except in accordance with 35
Ill. Adm. Code 200 through 245.
g)
Dust Control
The operator shall implement methods for controlling
dust so as to prevent wind dispersal
of particulate
matter.
h)
Noise Control
The facility shall be designed, constructed and main-
tained to minimize the level of equipment noise audible
outside the facility.
The facility shall not cause or
contribute to a violation of
35 Ill. Adm.
Code 900
through 905 or of Section 24 of the Act.
i)
Vector Control
The operator shall implement measures to control the
population of disease and nuisance vectors.
j)
Fire Protection
The operator shall institute fire protection measures
including, but not limited to, maintaining a supply of
water onsite and radio or telephone access to the
nearest fire department.
k)
Litter Control
1)
The
operator
shall
patrol
the
facility
daily
to
check for litter accumulation.
All litter shall
be collected and placed in the fill or in
a
secure, covered container for later disposal.
2)
The facility shall not accept solid waste from
vehicles that do not utilize devices such as
covers or tarpaulins to control litter,
unless the
nature of the solid waste load is such that it
cannot cause any litter during its transporation
to the facility.
1)
Mud Tracking
The facility shall implement methods, such as use
of
wheel washing units,
to prevent tracking of mud by
hauling vehicles onto public roadways.
112— 155
24
Section 811.108
Salvaging
a)
All salvaging operations shall
in no way interfere with
the operation of the waste disposal facility, result in
a violation of any standard in this Part or of
35 Iii.
Adm. Code 812 through 815,
or delay the construction or
interfere
in the operation of the liner,
leachate
collection system,
daily,
intermediate or final cover
and any monitoring devices.
b)
All salvaging operations shall be performed in
a safe
and sanitary manner in compliance with the requirements
of this Part.
c)
Salvagable materials:
1)
May
be
accumulated
onsite by a landfill operator,
provided they are managed so as not to create a
nuisance, harbor vectors, cause malodors,
or
create an unsightly appearance; and
2)
May not be accumulated onsite for longer than
seven days,
unless, pursuant to Section 39 of the
Act, the Agency has issued a permit with
alternative conditions for management of such
materials in compliance with subsection
(c) (1).
Section 811.109
Boundary Control
a)
Access to the open face area of the unit and all other
areas within the boundaries of the facility shall be
restricted to prevent unauthorized entry at all times.
b)
A permanent sign shall be posted at the entrance to the
facility stating that disposal of hazardous waste is
prohibited and,
if the landfill is approved for
accepting special wastes, that special wastes must be
permitted by the Agency and accompanied by a manifest
and an identification record along with the following
information:
1)
Permit number,
if the facility is subject to the
permit requirements of Section 21 of the Act.
2)
Hours of operation;
3)
The penalty for unauthorized trespassing and
dumping;
4)
The name and telephone number of the appropriate
emergency response agencies who shall be available
112—156
25
to deal with emergencies and other problems,
if
different than the operator; and
5)
The name,
address and telephone number of the
company operating the facility.
Section 811.110
Closure and Written Closure Plan
a)
The final slopes and contours shall be designed to
complement and blend with the surrounding topography of
the proposed final land use of the area.
b)
All drainage ways and swales shall be designed to
safely pass the runoff from the 100-year, 24-hour pre-
cipitation event without scouring or erosion.
c)
The final configuration of the facility shall be de-
signed in a manner that minimizes the need for further
maintenance.
d)
Written closure plan
1)
The operator shall maintain a written plan
describing all actions that the operator will
undertake to close the unit
or facility in a
manner that fulfills the provisions of the
Act,
of
this Part and of other applicable Parts of
35
Ill.
Adm.
Code:
Chapter
I.
The written closure plan
shall fulfill the minimum information requirements
of
35
Ill. Adm.
Code 812.114.
2)
A modification of the written closure plan shall
constitute a significant modification of the
permit for the purposes of 35
Ill.
Adni. Code
813.Subpart B.
Section 811.111
Postclosure Maintenance
a)
The operator shall treat, remove from the site, or
dispose of all wastes and waste residues within
30 days
after receipt of the final volume of waste.
b)
The operator shall remove all equipment or structures
not necessary for the postclosure land use, unless
otherwise authorized by permit.
c)
Maintenance and Inspection of the Final Cover and
Vegetation:
1)
Frequency of Inspections
A)
The operator shall conduct a quarterly
inspection of all vegetated surfaces for a
112—157
26
minimum
of
five
years
after
closure,
and
after five years,
the operator may reduce the
frequency of annual inspections until
settling has stopped and there are no eroded
or scoured areas.
B)
For landfills,
other than those used
exclusively for disposing waste generated at
the site,
inspections shall be continued for
a minimum period of 15
years
after
closure.
2)
All rills,
gullies and crevices six inches or
deeper identified in the inspection shall be
filled.
Areas identified by the operator or the
Agency inspection as particularly susceptible to
erosion
shall
be
recontoured.
3)
All eroded and scoured drainage channels shall be
repaired
and
lining
material
shall
be
replaced
if
necessary.
4)
All holes and depressions created by settling
shall
be filled and recontoured so as to prevent
standing
water.
5)
All reworked surfaces,
and areas with failed or
eroded vegetation in excess of 100
square
feet
cumulatively, shall be revegetated in accordance
with the approved closure plan for the facility.
SUBPART
B:
INERT WASTE LANDFILLS
Section 811.201
Scope and Applicability
The standards of this Subpart,
in addition to the requirements of
Subpart A,
shall apply to all new landfills in which only inert
waste
is
to be
placed.
Section 811.202
Determination of Contaminated Leachate
a)
Leachate shall be considered contaminated if it con-
tains concentrations of constituents greater than the
public and food processing water supply standards 35
Ill.
Adni. Code 302.301,
302.304, and 302.305.
The
operator shall determine whether the leachate from the
waste
is contaminated by analyzing it for constituents
for
which
a numerical standard has been established by
the Board.
b)
A representative sample of leachate extracted from the
waste by
a laboratory procedure may be used to model
112—158
27
the expected constituents and concentrations of the
leachate.
The laboratory test shall meet the following
standards:
1)
The procedure shall be designed to closely repro-
duce expected field conditions; and
2)
The test shall utilize an extraction fluid
representative of the physical and chemical
characteristics of the liquid expected to
infilitrate through the waste.
c)
Actual samples of leachate from an existing solid waste
disposal unit or a test fill may be utilized under the
following conditions:
1)
The waste
in the existing unit is similar to the
waste expected to be disposed;
2)
The conditions under which the leachate was formed
are similar to those expected to be encountered;
and
3)
Leachate is sampled so as to be representative of
undiluted and unattenuated leachate emanating from
the unit.
Section 811.203
Design Period
The design period for all inert waste disposal units shall be the
estimated operating life of the unit plus a minimum postclosure
care period of five years.
For landfills,
other than those used
exclusively for disposing waste generated at the site,
the
minimum postclosure care period,
for the purposes of monitoring
settling at the site,
shall be 15 years.
Section 811.204
Final Cover
A minimum of 0.91 meter
(three feet)
of soil material
of a
quality sufficient to support vegetation and which prevents or
minimizes erosion shall be applied over all disturbed areas.
Where no vegetation
is required for the intended postclosure
land
use, the requirements of Section 811.205(b) will not apply;
however, the final surface shall still be designed to prevent or
minimize erosion.
Section 811.205
Final Slope and Stabilization
a)
The waste disposal unit shall be designed and
constructed to achieve a minimum static slope safety
factor of 1.5 and a minimum seismic safety factor of
1.3.
112—159
28
b)
Standards for Vegetation
1)
Vegetation shall be promoted on all reconstructed
surfaces to minimize wind and water erosion;
2)
Vegetation shall be compatible with the climatic
conditions;
3)
Vegetation shall require little maintenance;
4)
Vegetation shall consist of a diverse mix of
native and introduced species consistent with the
postclosure land use; and
5)
Temporary erosion control measures,
including,
but
not limited to, the application, alone or in
combination,
of mulch, straw,
netting,
or chemi-
cal soil stabilizers, shall be undertaken while
vegetation
is being established.
c)
The landfill site shall be monitored for settling for a
minimum period of
15 years after closure as specified
in Section 811.203
in order to meet the requirements
of
this Section.
Section 811.206
Leachate Sampling
a)
All inert waste landfills shall be designed to include
a monitoring system capable of collecting
representative samples of
leachate generated by the
waste, using methods such as, but not limited to,
a
pressure-vacuum lysimeter, trench lysimeter or a well
point.
The sampling locations shall be located so as
to collect the least diluted leachate samples.
b)
Leachate samples shall be collected and analyzed at
least
once
in
six
month
to
determine,
using
the
statistical procedures of Section 811.320(e),
whether
the collected leachate is contaminated as defined
in 35
Ill. Adm.
Code 810.103.
c)
Once every two years,
leachate samples shall be tested
for the presence of organic chemicals in accordance
with Section 81l.319(a)(3).
If the results of such
testing shows the presence of organic chemicals,
the
operator shall notify the Agency
of this finding,
in
writing, before the end of the business day following
the finding.
d)
If the results of testing of leachate samples in
accordance with subsection
(b) confirm that the
leachate is contaminated as defined in 35 Ill.
Adm.
112—160
29
Code 810.103,
the operator shall notify the Agency of
this finding,
in writing,
before the end of the
business day following the finding.
In addition, the
inert waste landfill facility causing the
contamination:
1)
shall no longer be subject to the inert waste
landfill requirements of Subpart B;
2)
shall be subject to the requirements for
Putrescible and Chemical Waste Landfills of
Subpart
C,
including closure and remedial action.
e)
The results of the chemical analysis tests shall be
included in the Quarterly Groundwater Reports submitted
to the Agency
in accordance with 35
Ill.
Adrn.
Code
813.502 for permitted facilites and 35 Ill. Adm.
Code
8l5.Subpart D for non-permitted facilities.
Section 811.207
Load Checking
a)
The operator shall not accept wastes for disposal at an
inert waste landfill unless
it
is accompanied by
documentation that such wastes are inert based on
testing
of the leachate from such wastes performed
in
accordance with the requirements of Section 811.202.
b)
The operator shall institute and conduct a random load
checking program at each inert waste facility in
accordance with the requirements of Section 811.323
except that this program shall also be designed:
1)
to detect and discourage attempts to dispose non-
inert wastes at the landfill;
2)
to require the facility’s inspector examine at
least one random load of solid waste delivered to
the landfill on
a random day each week; and
3)
to require the operator to test one randomly
selected waste sample in accordance with Section
811.202(a)
and
(b) to determine if the waste
is
inert.
b)
The operator shall include the results of the load
checking in the Annual Report submitted to the Agency
in accordance with 35 Ill.
Adm.
Code 813.501 for
permitted facilites and 35
Ill. Adm.
Code 815.Subpart C
for non—permitted facilites.
SUBPART
C:
PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
112—161
30
Section 811.301
Scope and Applicability
In addition to
the
requirements
of
Subpart
A,
the
standards of
this Subpart apply to all landfills in which chemical and
putrescible wastes are to be placed.
Section 811.302
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 sole-source aquifer designated by
the United States Environmental Protection Agency
pursuant to Section 1424(e)
of the Safe Drinking Water
Act
(42 U.S.C.
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 lx107
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 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.
d)
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
112—1 62
31
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 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 provides the operator with
written permission,
including technical justification,
for a closer distance.
Section 811.303
Design Period
a)
The design period for putrescible and chemical waste
disposal units
shall be the estimated operating life
plus 30 years unless measures are undertaken
in compli-
ance with subsections
(b) and
(c)
to encourage stabili-
zation of putrescible waste.
b)
The design period for a disposal unit which accepts
only putrescible waste in shredded form shall be the
estimated operating life plus 20 years.
c)
The design period for a putrescible waste disposal unit
that recycles leachate in accordance with Section
811.309(f)
shall be the estimated operating life plus
20 years.
Section 811.304
Foundation and Mass Stability Analysis
a)
The material beneath the unit shall have sufficient
strength to support the weight of the unit during all
•phases of
construction and operation.
The loads and
loading rate shall not cause or contribute to the fail-
ure of the liner leachate collection system.
b)
The total settlement or swell
of the foundation shall
not cause or contribute to the failure of the liner
leachate collection system.
c)
The solid waste disposal unit shall achieve a safety
factor against bearing capacity failure of 2.0 under
static conditions and
1.5 under seismic loadings.
d)
The waste disposal unit shall achieve a factor of
safety against slope failure of 1.5 for static condi-
tions and 1.3 under seismic conditions.
112—163
32
e)
In calculating factors of safety both long term and
short term conditions shall be considered.
f)
The potential for earthquake or blast induced liquefac-
tion,
and its effect on the stability and integrity of
the unit shall be considered and taken into account in
the design.
The potential for landslides or earth-
quake induced liquefaction outside the unit shall be
considered if such events could affect the unit.
Section 811.305
Foundation Construction
a)
If the in situ material provides insufficient strength
to meet the requirements of Section 811.304, then the
insufficient material shall be removed and replaced
with clean materials sufficient to meet the require-
ments of Section 811.304.
b)
All trees,
stumps,
roots,
boulders and debris shall be
removed.
c)
All material shall be compacted to achieve the strength
and density properties necessary to demonstrate
compliance with this Part in conformance with a con-
struction quality assurance plan pursuant to Subpart
E.
d)
Placement of frozen soil or soil onto frozen ground is
prohibited.
e)
The foundation shall be constructed and graded to pro-
vide a smooth, workable surface on which to construct
the liner.
Section 811.306
Liner Systems
a)
All units shall be equipped with a leachate drainage
and collection system and a compacted earth liner
designed as an integrated system in compliance with the
requirements of this Section and of Sections 811.307
and 811.308.
b)
The liner and leachate collection system shall be
stable during all phases of construction and opera-
tion.
The side slopes shall achieve a minimum static
safety factor of 1.3 and a minimum seismic safety
factor of 1.0 at all times.
c)
The liner shall be designed to function for the entire
design period.
d)
Compacted
Earth
Liner
Standards
112—164
33
1)
The minimum allowable thickness shall be 1.52
meters
(5
feet).
2)
The
liner
shall be compacted to achieve a maximum
hydraulic conductivity of lx107 centimeters per
second.
3)
The liner shall be compacted to minimize void
spaces and support the loadings imposed by the
waste disposal operation without settling so as to
cause or contribute to the failure of the leachate
collection system.
4)
The liner shall be constructed from materials
compatible with the constituents of the leachate
expected to be produced.
5)
Alternative specifications, using standard
construction techniques,
for hydraulic
conductivity and liner thickness may be utilized
under the following conditions:
A)
The liner thickness shall be no less than
1.52 meter
(5
feet) unless a composite liner
consisting of a geomembrane immediately
overlying
a compacted earth liner is
installed.
The following minimum standards
shall apply for a composite
liner:
i)
the geomembrane
shall be no less than 60
mils in thickness and meet the
requirements
of subsection
(e); and
ii)
the compacted earth liner shall be no
less than 0.91 meter in thickness
(3
feet)
and meet the requirements of
subsections
(d) (2) through
(d) (4)
B)
The modified liner shall operate
in conjunc-
tion with
a leachate drainage and collection
system to achieve equivalent or superior
performance to the requirements of this sub-
section.
Equivalent performance shall be
evaluated at maximum annual leachate flow
conditions.
e)
Geomembrane Liners
1)
Geomembranes may be used only in conjunction with
a compacted earth liner system meeting the re-
quirements of subsection
(d)
and a leachate
112—165
34
drainage and collection system meeting the
requirements of Sections 811.307 and 811.308.
2)
The geomembrane shall be supported by a compacted
base free from sharp objects.
The geoxnembrane
shall be chemically compatible with the supporting
soil materials.
3)
The georneinbrane material shall be compatible with
the leachate expected to be generated.
4)
Geolnembranes shall have sufficient strength and
durability to function at the site for the design
period under the maximum expected loadings imposed
by the waste and equipment and stresses imposed by
settlement, temperature, construction and opera-
tion.
5)
Seams shall be made in the field according to the
manufacturer’s specifications.
All sections shall
be arranged so that the use of field seams is
minimized and seams are oriented in the direction
subject to the least amount of stress.
6)
The leachate collection system shall be designed
to avoid, to the maximum extent possible, openings
through
the
geornembrane.
f)
Slurry Trenches and Cutoff Walls Used to Prevent Migra-
tion of Leachate
1)
Slurry trenches and cutoff walls built to contain
leachate
migration
shall
be used only in
conjunction with
a compacted earth liner and a
leachate drainage system meeting the requirements
of subsection
(d)
and Section 811.307 or as part
of a remedial action required by Section 811.319.
2)
Slurry trenches and cutoff walls shall extend into
the bottom
confining layer to a depth that will
establish and maintain a continuous hydraulic
connection and prevent seepage.
3)
Exploration borings shall be drilled along the
route of the slurry trench or cutoff wall to con-
firm the depth to the confining layer.
In situ
tests shall be conducted to determine the
hydraulic conductivity
of the confining layer.
4)
Slurry trenches and cutoff walls shall be stable
under all conditions during the design period of
the facility.
They shall not be susceptible to
112—166
35
displacement
or erosion under stress or hydraulic
gradient.
5)
Slurry trenches and cutoff walls shall be
constructed
in conformance to a construction qual-
ity assurance plan,
pursuant to Subpart
E,
that
insures that all material and construction methods
meet design specifications.
g)
Liner configurations other than those specified
in this
Section, special construction techniques,
and
admixtures may be utilized, provided that:
1)
The alternative technology or material provides
equivalent,
or superior,
performance to the re-
quirements of this Section;
2)
The technology or material has been successfully
utilized in at least one application similar to
the proposed application; and
3)
Methods for manufacturing quality control and
construction quality assurance can be implement-
ed.
Section 811.307
Leachate Drainage System
a)
The leachate drainage system shall
be designed and
constructed to operate for the entire design period.
b)
The system shall be designed in conjunction with the
leachate collection system required by Section 811.308:
1)
To maintain a maximum head of
leachate 0.30 meter
(one foot)
above the liner and
2)
To operate during the month when the highest
average monthly precipitation occurs and
if the
liner bottom
is located within the saturated
zone,
under the condition that the groundwater table is
at its seasonal high level.
In addition,
the
following design assumptions shall apply:
A)
The unit
is assumed to be at field capacity,
and
B)
The final cover is
in place.
c)
A drainage
layer shall overlay the entire liner sys—
tern.
This drainage
layer
shall
be
no
less
than
0.30
meter
(one foot)
thick and shall have
a hydraulic con-
112-
1~7
36
ductivity equal to or greater than lx103 centimeters
per second.
d)
The drainage layer shall be designed to maintain lami-
nar flow throughout the drainage layer under the condi-
tions described in subsection
(b).
e)
The drainage layer shall be designed with a graded
filter or geotextile as necessary to minimize clogging
and prevent intrusion of fine material.
f)
Materials used in the leachate collection system shall
be chemically resistant to the wastes and the leachate
expected to be produced.
Section 811.308
Leachate Collection System
a)
The
leachate
collection
system
shall
be
designed
and
constructed to function for the entire design period.
b)
Collection pipes shall be designed for open channel
flow to convey leachate under the conditions
established in Section 811.307(b).
c)
Collection pipes shall be of a cross sectional area
that allows cleaning.
d)
Materials
used
in the leachate collection system shall
be chemically resistant to the leachate expected to be
produced.
e)
The collection pipe material and bedding materials as
placed shall possess structural strength to support the
maximum loads imposed by the overlying materials and
equipment used at the facility.
f)
Collection pipes shall be constructed within
a coarse
gravel envelope
using a graded filter or geotextile as
necessary to minimize clogging.
g)
The system shall be equipped with a sufficient number
of manholes and cleanout risers to allow cleaning and
maintenance of all pipes throughout the design period.
h)
Leachate shall be able to drain freely from the collec-
tion pipes.
If
sumps
are
used
then
pumps
shall
remove
the collected leachate before the level of leachate in
the sumps rises above the invert of the collection
pipes under the conditions established in Section
811.307(b).
112—168
37
Section 811.309
Leachate Treatment and Disposal System
a)
Leachate
shall
be
allowed
to
flow
freely
from
the
drainage
and
collection
system.
The
operator
is
responsible
for
the
operation
of
a
leachate
management
system
designed
to
handle
all
leachate
as
it
drains
from the collection system.
The leachate management
system shall consist of any combination of storage,
treatment, pretreatment, and disposal options designed
and constructed in compliance with the requirements
of
this Section.
b)
The leachate management system shall consist of any
combination
of multiple treatment and storage struc-
tures,
to allow the management and disposal of leachate
during
routine
maintenance
and
repairs.
C)
Standards for Onsite Treatment and Pretreatment
1)
All onsite treatment
or pretreatment systemsshall
be considered part of the facility.
2)
The onsite treatment or pretreatment
system
shall
be designed
in accordance with the expected char-
acteristics of the leachate.
The design may
include modifications to the system necessary to
accommodate changing leachate characteristics.
3)
The onsite
treatment
or
pretreatment
system
shall
be
designed
to
function
for
the
entire
design
period.
4)
All
of
the
facility’s
unit
operations,
tanks,
ponds,
lagoons and basins shall be designed and
constructed with liners or containment structures
to
control
seepage
to
groundwater.
5)
All treated effluent discharged to waters of the
State shall meet the requirements of
35 Ill.
Adm.
Code
309.
6)
The treatment system shall be operated by an
operator
certified
under
the
requirements
of
35
Ill.
Adm.
Code
312.
d)
Standards for Leachate Storage Systems
1)
The
leachate
storage
facility
must
be
able
to
store a minimum of at least five days’ worth of
accumulated
leachate
at
the
maximum
generation
rate used
in designing the leachate drainage
system in accordance with Section 811.307.
The
minimum
storage
capacity
may
be
built
up
over
time
I
12-16)
38
and in stages,
so long as the capacity for five
consecutive days of accumulated leachate, during
extreme precipitation conditions,
is available at
any time during the design period of the facility.
2)
All leachate storage tanks shall be equipped with
secondary containment systems equivalent to the
protection
provided
by
a
clay
liner
0.61
meter
(2
feet thick)
having a permeability no greater than
l0~centimeters per second.
3)
Leachate
storage
systems
shall
be
fabricated
from
material compatible with the leachate expected to
be generated and resistant to temperature
extremes.
4)
The leachate storage system shall not cause or
contribute
to
a
malodor.
5)
The
leachate
drainage
and collection system shall
not be used for the purpose of storing leachate.
e)
Standards for Discharge to an Offsite Treatment Works
1)
Leachate may be discharged to an offsite treatment
works that meets the following requirements:
A)
All discharges of effluent from the treatment
works shall meet the requirements of 35 Ill.
Adm.
Code 309.
B)
The treatment system shall be operated by an
operator certified under the requirements of
35
Ill. Adm. Code 312.
C)
No more than 50 percent of the average daily
influent flow can be attributable to leachate
from the solid waste disposal facility.
Otherwise, the treatment works shall be
considered a part of the solid waste disposal
facility.
2)
The operator is responsible for securing permis-
sion from
the offsite treatment works for
authority to discharge to the treatment works.
3)
All discharges to a treatment works shall meet the
requirements of
35 Ill.
Adm. Code 310.
4)
Pumps, meters, valves and monitoring stations that
control and monitor the flow of leachate from the
unit and which are under the control of the
112—170
~39
operator shall be considered part of the facility
and shall be accessible to
the
operator
at
all
times.
5)
Leachate shall be allowed to flow into the sewer-
age system at all times; however,
if access to the
treatment works
is restricted
or anticipated to be
restricted for longer than five days,
then an
alternative leachate management system shall
be
constructed
in accordance with subsection
(c)
6)
Where
leachate is not directly discharged
into a
sewerage system,
the operator shall provide
storage capacity sufficient
to transfer all
leachate to an offsite treatment works.
The
storage system shall meet the requirements of
subsection
(ci)
f)
Standards for Leachate Recycling Systems
1)
Leachate recycling systems may be utilized only at
permitted waste disposal units that meet the fol-
lowing requirements:
A)
The unit must have a liner designed,
constructed and maintained to meet the mini-
mum standards of Section 811.306.
B)
The unit must have a leachate collection
system
in place and operating
in accordance
with Section 811.307.
C)
A gas management system,
equipped with a
mechanical device such as
a compressor to
withdraw gas,
must be implemented to control
odors and prevent migration of methane
in ac-
cordance with Section 811.311.
D)
The topography must be such that any acci-
dental leachate runoff can be controlled by
ditches,
berrns or other equivalent control
means.
2)
Leachate shall not be recycled during precipita-
tion events or in volumes large enough to cause
runoff or surface seeps.
3)
The amount of leachate added to the unit shall not
exceed the ability of the waste and cover soils to
transmit leachate flow downward.
All other leach-
ate shall be considered excess leachate,
and a
I ~2-I7I
40
leachate management system capable of disposing of
all excess leachate must be available.
4)
The leachate storage and distribution system shall
be designed to avoid exposure of leachate to air
unless aeration or functionally equivalent devices
are
utilized.
5)
The distribution system shall be designed to allow
leachate
to
be
evenly
distributed
beneath
the
surface over the recycle area.
6)
Daily and intermediate cover shall be permeable to
the extent necessary to prevent the accumulation
of water and formation of perched watertables and
gas
buildup;
alternatively
cover
shall
be
removed
prior to additional waste placement.
7)
Daily
and
intermediate
cover
shall
slope
away from
the perimeter of the site to minimize surface
discharges.
g)
Leachate
Monitoring
1)
Representative samples of leachate shall be
collected from each unit and tested in accordance
with subsections
(g) (2) and
(g) (3)
at a frequency
of once per quarter while the leachate management
system is in operation.
The frequency of testing
may
be changed to once per year for any monitored
constituent,
if it
is not detected in the
leachate.
However,
if such a constituent is
detected in the leachate, testing frequency shall
return to a quarterly schedule.
2)
Discharges of leachate from units that dispose of
putrescible
wastes
shall
be
tested
for the fol-
lowing constituents prior to treatment or
pretreatment:
A)
Five day biochemical oxygen demand
(BOD5);
B)
Chemical oxygen demand;
C)
Total Suspended Solids;
D)
Total
Iron;
E)
pH;
F)
Any other constituents listed in the
operator’s National Pollution Discharge
Elimination System
(NPDES) discharge permit,
112—172
41
pursuant to
35 Ill.
Adm. Code
304,
or
required by a publicly owned treatment works,
pursuant to
35
Ill. Adm. Code 310; and
G)
All of the indicator constituents used by the
operator for groundwater monitoring.
3)
Discharges of leachate from units which dispose
only chemical wastes shall be monitored for
constituents determined by the characteristics
of
the chemical waste to be disposed of
in the unit.
They shall include,
as
a minimum:
A)
pH;
B)
Total Dissolved Solids;
C)
Any other constituents listed
in the
operator’s NPDES discharge permit, pursuant
to 35
Ill. Adm.
Code
304,
or required by a
publicly owned treatment works, pursuant to
35 Ill.
Adm.
Code 310;
and
D)
All
of the indicator constituents used by the
operator for groundwater monitoring.
h)
Time of Operation of the Leachate Management System
1)
The operator shall collect and dispose of leachate
for a minimum of five years after closure and
thereafter until treatment
is no longer necessary.
2)
Treatment
is no longer necessary
if the leachate
constituents do not exceed the wastewater effluent
standards
in 35
Ill.
Adm.
Code 304.124,
304.125,
304.126 and do not contain a BOD5 concentration
greater than 30 mg/L for six consecutive months.
Section 811.310
Landfill Gas Monitoring
a)
This Section applies to all units that dispose
putrescible wastes.
b)
Location and Design of Monitoring Wells
1)
Gas monitoring devices shall
be placed at inter-
vals and elevations within the waste to provide a
representative sampling of the composition and
buildup of gases within the unit.
112—1
~3
42
2)
Gas
monitoring
devices
shall
be
placed
around
the
unit at locations and elevations capable of
detecting
migrating
gas
from
the
ground
surface
to
the
lowest
elevation
of
the
liner
system
or the
top
elevation
of the groundwater, whichever is
higher.
3)
A predictive gas flow model may be utilized to
determine
the optimum placement of monitoring
points required for making observations and
tracing the movement of gas.
4)
Gas monitoring devices shall be constructed from
materials that will not react with or be corroded
by the landfill gas.
5)
Gas monitoring devices shall be designed and
constructed to measure pressure and allow collec-
tion of
a representative sample of gas.
6)
Gas monitoring devices shall be constructed and
maintained to minimize gas leakage.
7)
The gas monitoring system shall not interfere with
the
operation of the liner,
leachate collection
system or delay the construction of the final
cover
system.
8)
At least three ambient air monitoring locations
shall be chosen and samples shall be taken no
higher than 0.025 meter
(1
inch)
above the ground
and 30.49m
(100 feet) downwind from the edge of
the unit or at the property boundary, whichever
is
closer to the unit.
c)
Monitoring
Frequency
1)
All
gas
monitoring
devices,
including
the
ambient
air
monitors shall be operated to obtain samples
on a monthly
basis
for
the entire operating period
and for a minimum of five years after closure.
2)
After a minimum of five years after closure, moni-
toring frequency may be reduced to quarterly
sampling intervals.
3)
The sampling frequency may be reduced to yearly
sampling intervals
upon
the
installation
and
oper-
ation of
a gas collection system equipped with a
mechanical
device
such
as
a
compressor to withdraw
gas.
112—174
43
4)
After a minimum of five years or,
in the case of
landfills,
other than those used exclusive.ly for
disposing of wastes generated at the site,
a
minimum of fifteen years after closure, moni-
toring shall be discontinued
if the following
conditions have been met for at least one year:
A)
The concentration of methane
is less than
five percent of the lower explosive limit
in
air for four consecutive quarters at all
monitoring points outside the unit; and
B)
Monitoring points within the unit indicate
that methane
is no longer being produced
in
quantities that would result in migration
from the unit and exceed the standards of
subsection
(a)
(1)
5)
The operator shall
include in the permit,
a list
of air toxics to be monitored
in accordance with
subsection
(ci).
The Agency shall determine the
monitoring frequency of the listed compounds based
upon their emission rates and ambient levels in
the atmosphere.
ci)
Parameters to be Monitored
1)
All below ground monitoring devices shall
be moni-
tored for the following parameters
at each
sampling interval:
A)
Methane;
B)
Pressure;
C)
Nitrogen;
D)
Oxygen;
E)
Carbon dioxide; and
F)
Any compound on the
list of air toxics,
adopted by the Board pursuant to Section 9.5
of the Act, which
is expected to be produced
in the landfill unit.
2)
Ambient air monitors shall be sampled for methane
only when the average wind velocity
is less than 8
kilometers
(five miles)
per hour at
a minimum of
three downwind locations 30.49 meters
(100
feet)
from the edge of the unit or the property
boundary,
whichever
is
closer
to
the
unit.
112—175
44
3)
All buildings within a facility shall be monitored
for
methane
by
utilizing
continuous
detection
devices located at the most likely points for
methane to enter.
Section 811.311
Landfill Gas Management System
a)
The
operator
shall install a gas management system if
any one of the following conditions are met:
1)
A methane concentration greater than 50 percent of
the lower explosive limit in air,
attributable to
the unit,
is detected below the ground surface by
an ambient air monitor or a monitoring device
which is located at or beyond the property
boundary or 30.5 meters
(100 feet)
from the edge
of the unit, whichever is
less;
2)
Methane attributable to the unit is detected at a
concentration greater than
25 percent of the lower
explosive limit
in air
in any building on or near
the facility;
3)
Malodors caused by the unit are detected beyond
the
property
boundary;
or
4)
Leachate is recycled in accordance with Section
811.309(e)
b)
Standards for Gas Venting System
1)
Gas venting systems shall be utilized only as
optional, temporary mitigation until the
completion of an active system.
2)
All materials shall be resistant to chemical
reaction
with
the
constituents
of the gas.
3)
The system shall be capable of venting all gas
down to the water table or bottom of the liner,
whichever
is higher.
4)
Gas venting systems shall be installed only
outside the perimeter of the unit.
c)
Standards for Gas Collection Systems
1)
Gas collection systems may be installed either
within the perimeter of the unit or outside the
unit.
112—176
45
2)
The operator shall design and operate the system
so that the standards of subsections
(a) (1),
(a) (2)
,
and
(a) (3) will not be exceeded.
3)
The gas collection system shall transport gas to a
central point or points for processing for
beneficial uses or disposal
in accordance with the
requirements of Section 811.312.
4)
The gas collection system shall be designed to
function for the entire design period.
The design
may include changes
in the system to accommodate
changing gas flow rates or compositions.
5)
All materials and equipment used in construction
of the system shall be rated by the manufacturer
as safe for use
in hazardous or explosive envi-
ronments and shall be resistant to corrosion by
constituents
of the landfill gas.
6)
The gas collection system shall be designed and
constructed to withstand all landfill operating
conditions,
including settlement.
7)
The gas collection system and all associated
equipment including compressors,
flares, moni-
toring installations,
and manholes shall be con-
sidered part of the facility.
8)
Provisions
shall be made for collecting and drain-
ing gas condensate to a management system meeting
the requirements of Section 811.309.
9)
Under no circumstances shall the gas collection
system compromise the integrity of the liner,
leachate collection
or cover systems.
10)
The portion of the gas collection system,
used to
convey the gas collected from one or more units
for processing and disposal shall be tested to be
airtight to prevent the leaking of gas from the
collection system or entry of air into the system.
11)
The gas collection system shall be operated until
the waste has stabilized enough to no longer
produce methane in quantities that exceed the
minimum allowable concentrations
in subsections
(a) (1)
,
(a) (2),
and
(a) (3).
12)
The gas collection system shall
be equipped with a
mechanical device,
such as
a compressor,
capable
of withdrawing gas,
or be designed so that a
112—177
46
mechanical device can be easily installed at a
later
time,
if necessary, to meet the requirements
of subsections (a)(1),
(a)(2), and
(a)(3).
Section 811.312
Landfill Gas Processing and Disposal System
a)
The processing of landfill gas for use is strongly
encouraged but is not required.
b)
Except as allowed
in
subsection
(g),
the
landfill
gas
processing and disposal system, including compressors,
blowers,
raw gas monitoring systems, devices used to
control the flow of gas from the unit,
flares, gas
treatment devices,
air pollution control devices and
monitoring equipment must remain under the control of
the
operator
and
shall be considered part of the waste
disposal facility.
c)
No gas may be discharged directly to the atmosphere
unless treated or burned onsite prior to discharge in
accordance with a permit issued by the Agency pursuant
to 35 Ill.
Adm. Code 200 through 245.
d)
Representative flow rate measurements shall be made of
gas flow into treatment or combustion devices.
e)
When used for the onsite combustion of landfill gas,
flares shall meet the general control device require-
ments of new source performance standards adopted
pursuant to Section 9.1(b)
of the Act.
f)
Standards for Onsite Combustion
of Landfill Gas Using
Devices Other Than Flares
1)
At a minimum,
landfill gas shall be measured for
flow rate, heat value,
and moisture content along
with combustion parameters including,
but not
limited to, oxygen
and
carbon
dioxide
prior
to
treatment or combustion.
Constituents of the
landfill gas and combustion byproducts shall be
identified for inclusion
in an Agency issued
permit based on the type of waste streams that are
or will be
in the landfill,
landfill gas analysis
and potential for being emitted into the air after
treatment or combustion.
2)
All constituents and parameters that must be
measured
before
and
after
treatment
or
combustion
shall
be
identified
and
included
in
a
permit
issued by the Agency pursuant to 35
Ill.
Adm.
Code
200 through 245.
At a minimum, the following
112—178
47
types of constituents must be considered for
inclusion in the permit:
A)
The six criteria air pollutants and the
hazardous air pollutants subject to
regulation under the Clean Air Act (42 U.S.C.
7401 et seq.);
B)
Any list of toxic air contaminants,
including
carcinogens,
mutagens and listed hazardous
air pollutants adopted by the Board pursuant
to Section 9.5 of the Act;
C)
Volatile Organic Compounds;
D)
Constituents present in the landfill gas;
and
E)
Combustion byproducts expected to be emitted
from the combustion or treatment device.
g)
Landfill gas may be transported offsite to
a gas
processing facility
in accordance with the following
requirements:
1)
The solid waste disposal facility contributes less
than
50 percent of the total volume of gas
accepted by the gas processing facility.
Other-
wise,
the processing facility must be considered
a
part of the solid waste management facility.
2)
The landfill gas shall be monitored for the
parameters listed in subsection
(ci) (1)
as well as
other constituents such as, ammonia
(NH3)
hydrogen sulfide(H2S)
and hydrogen(H2)
that are
needed to operate the gas processing facility.
3)
The gas processing facility is be sized to handle
the expected volume of gas.
4)
The transportation
of gas to an offsite gas pro-
cessing facility shall
in no way relieve the
operator
of the requirements
of Section
811.311(a).
Section 811.313
Intermediate Cover
a)
All waste which
is not to be covered within 60 days of
placement by another
lift of waste or final cover in
accordance with Section 811.314 shall have a cover
equivalent
to that provided by 0.30 meter
(1
foot)
of
compacted clean soil material.
I 12-l7~
48
b)
All areas with intermediate cover shall be graded so as
to facilitate drainage of runoff and minimize infiltra-
tion and standing water.
C)
The grade and thickness of intermediate cover shall be
maintained until the placement of additional wastes or
the final cover.
All, cracks,
rills, gullies and
depressions shall be repaired to prevent access to the
solid waste by vectors, to minimize infiltration and to
prevent standing water.
Section 811.314
Final Cover System
a)
The unit shall be covered by a final cover consisting
of
a
low
permeability
layer
overlain
by
a
final
protec-
tive layer constructed
in accordance with the require-
ments of this Section.
b)
Standards for the Low Permeability Layer
1)
Not later than 60 days after placement of the
final lift of solid waste, a low permeability
layer shall be constructed.
2)
The low permeability layer shall cover the entire
unit and connect with the liner system.
3)
The low permeability layer shall consist of any
one of the following:
A)
A compacted earth layer constructed in
accordance with the following standards:
1)
The
minimum
allowable
thickness
shall
be
0.91 meter
(3 feet);
ii)
The
layer shall be compacted to achieve
a
permeability
of
lx107
centimeters per
second and minimize void spaces.
iii) Alternative specifications may be
utilized
provided
that
the
performance
of the low permeability layer is equal
to or superior to the performance of a
layer meeting the requirements of
subsections
(b) (3) (A) (i) and
(b) (3) (A) (ii)
B)
A geomernbrane constructed in accordance with
the following standards:
112—180
49
i)
The geornembrane shall provide perform-
ance equal or superior to the compacted
earth layer described
in subsection
(b) (3) (A)
ii)
The geornembrane shall have strength to
withstand the normal stresses imposed by
the waste stabilization process.
iii) The geomembrane shall be placed over
a
prepared base free from sharp objects
and other materials which may cause
damage.
C)
Any other low permeability layer construction
techniques or materials,
provided that they
provide equivalent or superior performance to
the requirements
of this subsection.
c)
Standards for the Final Protective Layer
1)
The final protective
layer shall cover the entire
low permeability layer.
2)
The thickness of the final protective layer
shall
be sufficient to protect the low permeability
layer from freezing and minimize root penetration
of the low permeability
layer,
but shall not be
less than 0.91 meter
(3 feet).
3)
The final protective
layer shall consist of soil
material capable of supporting vegetation.
4)
The final protective layer shall be placed as soon
as possible
after placement of the low
permeability layer to prevent desiccation,
cracking,
freezing or other damage to the low
permeability layer.
Section 811.315
Hydrogeologic Site Investigations
a)
Purpose
The operator shall conduct a hydrogeologic investiga-
tion to develop hydrogeologic information for the fol-
lowing uses:
1)
Provide information
to perform a groundwater
impact assessment;
and
2)
Provide information to establish
a groundwater
monitoring system.
1 12—1~1
50
b)
General
Requirements
1)
The
investigation
shall
be conducted in a minimum
of
three
phases
prior
to submission of any
application to the Agency for a permit to develop
and operate a landfill facility.
2)
The study area shall consist of the entire area
occupied by the facility and any adjacent related
areas, to the extent necessary to characterize the
hydrogeology.
3)
All borings shall be sampled continuously at all
recognizable points of geologic variation,
except
that where continuous sampling is impossible or
where non—continuous sampling can provide
equivalent information, samples shall be obtained
at intervals no greater than 1.52 meters
(five
feet)
in homogeneous strata.
c)
Minimum Requirements for a Phase
I Investigation
1)
The
operator
shall
conduct
a Phase
I Investigation
to develop the following information:
A)
Climatic aspects of the study area;
B)
The regional and study area geologic setting,
including a description of the geomorpholgy
and stratigraphy of the area;
C)
The
regional
groundwater
regime
including
water table depths and aquifer
characteristics;
and
D)
Information for
the purpose of designing a
Phase II Hydrogeologic Investigation.
2)
Specific Requirements
A)
The regional hydrogeologic setting of the
unit shall be established by using material
available from all possible sources, in-
cluding,
but not limited to, the Illinois
Scientific Surveys,
the Agency, other State
and Federal organizations, water well
drilling logs,
and previous investigations.
B)
A minimum of one continuously sampled boring
shall be drilled on the site,
as close as
feasible to the geographic center, to
determine
if the available regional
112—182
51
hydrogeologic setting information
is accurate
and and to characterize the site-specific
hydrogeology to the extent specified by this
phase of the investigation.
The boring shall
extend at least 15.2 meters
(50
feet)
below
the bottom of the uppermost aquifer or
through the full depth of the confining layer
below the uppermost aquifer,
or to bedrock,
if the bedrock
is below the upper most
aquifer, whichever elevation is higher. The
locations of any additonal borings, required
under this subsection, may be chosen by the
investigator,
but shall be sampled
continuously.
d)
Minimum Requirements for a Phase II Investigation
1)
Information to be developed
Using the information developed
in the Phase
I
survey,
a Phase II study shall
be conducted to
collect the site—specific information listed below
as needed to augment data collected during the
Phase
.1
investigation and to prepare for the Phase
III investigation:
A)
Structural characteristics and distribution
of underlying strata including bedrock;
B)
Chemical and physical properties
including,
but not limited to,
lithology,
mineralogy,
and hydraulic characteristics of underlying
strata including those below the uppermost
aquifer;
C)
Soil characteristics,
including soil types,
distribution, geochemical and geophysical
characteristics;
D)
The hydraulic conductivities
of the uppermost
aquifer and all strata above it;
E)
The vertical extent of the uppermost aquifer;
F)
The direction and rate of groundwater flow.
2)
Specific Requirements
A)
One boring shall
be located
as close as feas-
ible to the topographical high point,
and
another
shall
be located as close as feasible
to
the
topographical
low
point of the study
area.
1I2-1~~
52
B)
At least one boring shall be at or near each
corner
of• the site.
Where the property is
irregularly
shaped
the
borings
shall
be
located
near
the
boundary
in
a
pattern
and
spacing necessary to obtain data over the
entire study area.
C)
Additional borings may be located at inter-
mediate points at locations and spacings
necessary to establish the continuity of the
stratigraphic units.
D)
Piezometers and groundwater monitoring wells
shall be established to determine the direc-
tion and flow characteristics of the ground-
water in all strata and extending down to the
bottom of the uppermost aquifer.
Ground-
water samples taken from such monitoring
wells shall be used to develop preliminary
information needed for establishing
background concentrations in accordance with
subsection
(e) (1) (G).
E)
Other methods may be utilized to confirm or
accumulate additional information.
Such
methods may be used only as a supplement to,
not
in lieu of,
site-specific boring informa-
tion.
Other methods include, but are not
limited to, geophysical well logs, geophysi-
cal surveys,
aerial photography,
age dating,
and test pits.
e)
Minimum Standards for a Phase III Investigation
1)
Using the information developed during the Phase I
and Phase II
Investigations,
the operator shall
conduct a Phase III Investigation.
This
investigation shall
be conducted to collect or
augment the site-specific information needed to
carry
out
the
following:
A)
Verification and reconciliation of the infor-
mation collected in the Phase
I and II inves-
tigations;
B)
Characterization of potential pathways for
contaminant migration;
C)
Correlation of stratigraphic units between
borings.
112—184
53
D)
Continuity
of petrographic features includ-
ing,
but not limited to, sorting,
grain size
distribution, cementation and hydraulic
conductivity.
E)
Identification of zones of potentially high
hydraulic conductivity.
F)
Identification of the confining layer,
if
present;
G)
Concentrations
of chemical constituents
present
in the groundwater below the unit,
down to the bottom of the uppermost aquifer,
using a broad range of chemical analysis and
detection procedures such
as, gas
chromatographic and mass spectrometric
scanning.
However, additional measurements
and procedures shall be carried out to
establish background concentrations,
in
accordance with Section 811.320(d),
for:
i)
Any constituent for which there
is a
public or food processing water supply
standard at 35
Ill.
Adrn.
Code 302
established by the Board~and which is
expected to appear
in the leachate;
and
ii)
Any other constituent for which there
is
no Board-established standard,
but which
is expected to appear in the leachate at
concentrations above PQL,
as defined
in
Section 811.319 (a) (4) for that
constituent.
H)
Characterization of the seasonal and
temporal, naturally and artificially
induced,
variations
in groundwater quality and
groundwater flow.
I)
Identification of unusual or unpredicted
geologic features,
including:
fault
zones,
fracture traces,
facies changes,
solution
channels,
buried stream deposits,
cross
cutting structures and other geologic fea-
tures that may affect the ability of the
operator to monitor the groundwater or pre-
dict the impact of the disposal facility on
groundwater.
2)
In addition to the specific requirements
applicable to phase
I and II
investigations,
the
operator shall collect information needed to meet
I 12—1S5
54
the minimum standards of
a phase III
investigations by using methods that may include,
but not limited to exáavation of test pits,
additional borings located at intermediate points
between boreholes placed during phase
I and II
investigations, placement of piezometers and
monitoring
wells,
and
institution
of
procedures
for
sampling
and
analysis.
f)
The
operator
may
conduct the hydrogeologic
investigation in any number of alternative ways
provided
that
the
necessary
information
is
collected
in
a systematic sequence consisting of at least three
phases that
is equal to or superior to the
investigation procedures of this Section.
Section 811.316
Plugging and Sealing of IDrill Holes
All drill holes,
including exploration borings that are not con-
verted into monitoring wells,
monitoring wells that are no longer
necessary to the operation of the site,
and other holes that may
cause or facilitate contamination of groundwater shall be sealed
in accordance with the following standards:
a)
If not sealed or plugged immediately, the drill hole
shall be covered to prevent injury to people or
animals.
b)
All drill holes n~olonger intended for use shall be
backfilled with materials that are compatible with the
geochemistry of the site and with the leachate in
sufficient quantities and in such a way as to prevent
the creation of a pathway for contaminants to migrate.
c)
For
drill
holes
in gravels and other permeable strata
where a watertight seal
is not necessary to prevent the
creation of a pathway,
drill cuttings and other earthen
materials
may
be
utilized as backfill.
d)
All
excess
drilling
mud,
oil,
drill cuttings,
and any
other contaminated materials uncovered during or
created by drilling shall be disposed of in accordance
with the requirements of 35
Ill. Adm. Code 700 through
749,
807 and 809 through 815.
e)
The operator shall restore the area around the drill
hole
to
its
original
condition.
Section 811.317
Groundwater Impact Assessment
112—186
55
The impacts of the seepage of leachate from the unit shall
be
assessed in a systematic fashion using the techniques described
in this Section.
a)
Procedures for Performing the Groundwater Impact
Assessment
1)
The operator shall estimate the amount of seepage
from the unit during operations which assume:
A)
That the minimum design standards
for slope
configuration,
cover,
liner,
leachate
drainage and collection system apply; and
B)
That the actual design standards planned for
the unit apply.
Other designs for the unit
may be used if determined by the operator to
be appropriate to demonstrate the impacts to
groundwater,
pursuant to subsection
(b).
2)
The concentration of constituents
in the leachate
shall be determined from actual leachate samples
from the waste or similar waste,
or laboratory de-
rived extracts.
3)
A contaminant transport model meeting the
standards of subsection
(c) shall be utilized to
estimate the concentrations of the leachate con-
stituents
over’ time and space.
The Agency must
review a groundwater contaminant transport model
for acceptance
in accordance with 35 Ill. Adm Code
813.111.
b)
Acceptable Groundwater Impact Assessment
The groundwater contaminant transport
(GCT)
model
results shall be used in the assessment of the
groundwater impact.
The groundwater impact shall be
considered acceptable
if the GCT model predicts that
the concentrations
of all the constituents
of the
leachate outside the zone of attenuation are less than
the applicable groundwater quality standards of Section
811.320, within 100 years of closure
of the unit.
c)
Standards
for the Contaminant Transport Model
1)
The model shall have supporting documentation that
establishes
its ability to represent groundwater
flow and contaminant transport and any history of
its previous applications.
2)
The set of equations representing groundwater
movement and contaminant transport.must be theo-
retically sound and well documented.
112—1 R7
56
3)
The
numerical solution methods must be based upon
sound mathematical principles and be supported by
verification and checking techniques.
4)
The model must be calibrated against site specific
field data developed pursuant to this Part.
5)
A sensitivity analysis shall be conducted to
measure the model’s response to changes
in the
values assigned to major parameters,
specified
error tolerances,
and numerically assigned space
and time discretizations.
6)
Mass balance calculations on selected elements in
the model shall be performed to verify physical
validity.
Where the model does not prescribe the
amount of mass entering the system as a boundary
condition,
this step may be ignored.
7)
The values of the model’s parameters requiring
site specific data shall be based upon actual
field or laboratory measurements.
8)
The values of the model’s parameters which do not
require site specific data shall be supported by
laboratory test results or equivalent methods
documenting the validity of the chosen parametric
values.
Section 811.318
Design,
Construction
and Operation of
Groundwater Monitoring Systems
a)
All potential sources of discharges to groundwater
within the facility,
including,
but not limited to, all
waste disposal units and the leachate management sys-
tem,
shall be identified and studied through a network
of monitoring wells operated during the active life of
the unit and for the time after closure specified
in
accordance with Section 811.319.
Monitoring wells
designed and constructed as part of the monitoring
network shall be maintained along with records that
include, but are not limited to, exact well location,
well size, type of well,
the design and construction
practice used in its installation and well and screen
depths.
b)
Standards for the Location of Monitoring Points
1)
A network of monitoring points shall be estab-
lished at sufficient locations downgradient with
respect to groundwater flow and not excluding the
112—188
57
downward direction,
to detect any discharge of
contaminants from any part of
a potential source
of discharge.
2)
Monitoring wells shall
be located
in stratigraphic
horizons that could serve as contaminant migration
pathways.
3)
Monitoring wells shall
be established as close to
the potential source of discharge as possible
without interfering with the waste disposal
operations,
and within half the distance from the
edge of the potential source of discharge to the
edge of the
zone of attenuation downgradient, with
respect
to groundwater flow,
from the source.
4)
The network of monitoring points of several
potential sources of discharge within a single
facility may be combined into a single monitoring
network, provided that discharges from any part of
all potential sources can be detected.
5)
A minimum of at least one monitoring well shall be
established at the edge of the zone of attenuation
and shall be located downgradient with respect to
groundwater flow and not excluding the downward
direction,
from the unit.
Such well or wells
shall be used to monitor any statistically
significant increase in the concentration of any
constituent,
in accordance with Section 811.320(e)
and shall be used for determining compliance with
an applicable groundwater quality standard of
Section 811.320.
An observed statistically
significant increase above the applicable
groundwater quality standards of Section 811.320
in
a well
located at or beyond the compliance
boundary shall constitute
a violation.
c)
Maximum Allowable Predicted Concentrations
The operator shall use the same calculation methods,
data,
and assumptions as used
in the groundwater impact
assessment
to predict the concentration over time and
space of all constituents chosen to be monitored
in
accordance with Section 811.319
at all monitoring
points.
The predicted values shall be used to
establish the maximum allowable predicted
concentrations
(MAPC)
at each monitoring point.
The
MAPCs calculated
in this subsection shall be applicable
within the zone of attenuation.
d)
Standards
for Monitoring Well Design and Construction
112—1~3Q
58
1)
All
monitoring
wells
shall be cased in a manner
that
maintains
the
integrity
of
the bore hole.
The casing material shall be inert so as not to
affect the water sample.
Casing requiring sol-
vent—cement type couplings shall not be used.
2)
Wells shall be screened to allow sampling only at
the desired interval.
Annular space between the
borehole wall and well screen section shall be
packed with gravel sized to avoid clogging by the
material in the zone being monitored.
The slot
size of the screen shall be designed to minimize
clogging.
Screens shall be fabricated from
material expected to be inert with respect to the
constituents of the groundwater to be sampled.
3)
Annular space above the well screen section shall
be sealed with a relatively impermeable,
expandable material such as a cement/bentonite
grout, which does not react with or in any way
affect the sample,
in order to prevent
contamination of samples and groundwater and avoid
interconnections.
The seal shall extend to the
highest known seasonal groundwater level.
4)
The annular space shall be backfilled with
expanding
cement
grout from an elevation below the
frost line and mounded above the surface and
sloped
away
from
the
casing so as to divert
surface water away.
5)
The annular space between the upper and lower
seals and
in the unsaturated zone may be
backfilled with uncontaminated cuttings.
6)
All wells shall be covered with vented caps and
equipped with devices to protect against tampering
and damage.
7)
All wells shall be developed to allow free entry
of water, minimize turbidity of the sample, and
minimize clogging.
8)
The transmissivity of the zone
surrounding
all
well screens shall be established by field testing
techniques.
9)
Other sampling methods and well construction
techniques may be utilized if they provide equal
or superior performance to the requirements of
this subsection.
112—190
59
e)
Standards for Sample Collection and Analysis
1)
The groundwater monitoring program shall include
consistent sampling and analysis procedures to
assure that monitoring results will provide a
reliable indication
of groundwater quality in the
zone being monitored.
2)
The operator shall utilize procedures and
techniques to insure that collected samples are
representative of the zone being monitored and
that prevent cross contamination of samples from
other monitoring wells or from other samples.
At
least 95 percent of a collected sample shall
consist
of groundwater from the zone being
monitored.
3)
The operator shall establish a quality assurance
program that provides quantitative detection
limits and the degree of error for analysis of
each chemical constituent.
4)
The operator shall establish
a sample preservation
and shipment procedure that maintains the
reliability of the sample collected for analysis.
5)
The operator shall institute
a chain of custody
procedure to prevent tampering and contamination
of the collected samples prior to completion of
analysis.
6)
At a minimum,
the operator shall sample the fol-
lowing parameters
at all wells
at the time of
sample collection and immediately before filtering
and preserving samples for shipment:
A)
The elevation of the water table
B)
The depth of the well below ground
C)
pH
D)
The temperature of the sample
E)
Specific Conductance
1 l2-l~1
60
Section 811.319
Groundwater Monitoring Programs
a)
Detection Monitoring Program
The operator shall implement a detection monitoring
program in accordance with the following requirements:
1)
Monitoring Schedule and Frequency
A)
The monitoring period shall begin as soon as
waste is placed into the unit of a new
landfill or within one year of the effective
date of this Part for an existing landfill.
Monitoring’shall continue for a minimum
period of fifteen years after closure.
The
operator
shall sample all monitoring points
for all potential sources of contamination on
a quarterly basis except as specified in
subsection
(a) (3)
or may institute more
frequent sampling throughout the time the
source
constitutes
a
threat to groundwater.
For
the
purposes of this section, the source
shall be considered a threat to groundwater,
if the results of the monitoring indicate
that the concentrations of any of the
constituent monitored within the zone of
attenuation
are
above the maximum allowable
predicted concentration
for that constituent.
B)
Beginning fifteen years after closure of the
unit,
or five years after all other potential
sources of discharge no longer constitute a
threat to groundwater,
as defined in
subsection
(a)(1)(A), the monitoring
frequency may change on a well by well basis
to an annual schedule if either of the
following conditions exist.
However,
monitoring shall return to a quarterly
schedule
at
any well where
a statistically
significant increase is determined to have
occurred in accordance with Section
811.320(e),
in the concentration of any
constituent with respect to the previous
sample.
i)
All
constituents
monitored
within
the
zone of attenuation have returned to a
concentration less than or equal to ten
percent of the maximum allowable
predicted concentration; or
112—192
61
ii)
All constituents monitored within the
zone of attenuation are less than or
equal to their maximum allowable
predicted concentration for eight
consecutive quarters.
C)
Monitoring shall
be continued for a minimum
period of five years after closure or,
in the
case
of landfills,
other than those used
exclusively for disposing waste generated at
the site,
a minimum period of fifteen years
after closure.
Monitoring,
beyond the
minimum period, may be discontinued under the
following conditions:
i)
No statistically significant increase is
detected
in the concentration of any
constituent above that measured and
recorded during the immediately
preceding scheduled sampling for three
consecutive years, after changing to an
annual monitoring frequency;
or
ii)
Immediately after contaminated leachate
is no longer generated by the unit.
2)
Criteria for Choosing Constituents
to be Monitored
A)
The operator shall monitor each well for
constituents that will provide
a means for
detecting groundwater contamination.
Constituents shall be chosen for monitoring
if they meet the following requirements:
i)
The constituent appears in, or
is
expected to be in, the leachate; and
ii)
The Board has established for the
constituent
a public or food processing
water supply standard,
at
35 Ill.
Adm.
Code 302, the Board has established a
groundwater quality standard under the
Illinois Groundwater Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2, par.
7451 et seq.),
or the constituent may
otherwise cause or contribute to
groundwater contamination.
B)
One or more indicator constituents,
representative of
the transport processes of
constituents
in the leachate, may be chosen
for monitoring
in place of the constituents
11 2—1~)3
62
it
represents.
The
use
of
such
indicator
constituents must be included in an Agency
approved permit.
3)
Organic Chemicals Monitoring
The
operator
shall
monitor each existing well that
is being used as a part of the monitoring well
network at the facility within one year of the
effective date of this Part,
and monitor each new
well within three months of its establishment.
The monitoring required by this subsection shall
be for a broad range of organic chemical
contaminants in accordance with the procedures
described
below:
A)’
The analysis shall be at least as
comprehensive and sensitive as the tests for;
i)
The 51 organic chemicals in drinking
water described at 40
CFR
141.40
(1988),
incorporated by reference at 35 Ill.
Adm.
Code 810.104; and
ii)
Any other organic chemical for which a
groundwater quality standard or
criterion has been adopted pursuant to
Section 14.4 of the Act or Section
8 of
the Illinois Groundwater Protection Act.
B)
At least once every two years,
the operator
shall monitor each well in accordance with
subsection
(a) (1)
(A).
4)
Confirmation
of
Monitored
Increase
A)
The confirmation procedures of this
subsection shall be used only if the
concentrations of the constituents monitored
can be measured at or above the practical
quantitation
limit
(PQL).
The
PQL
is
defined
as
the
lowest concentration that can be
reliably measured within specified limits of
precision and accuracy, under routine
laboratory operating conditions.
The
operator shall confirmation procedures of
subsection
(a)
(4) (B)
after
notifying
the
Agency in writing, within
10 days,
of the
following observed increases:
i)
The concentration of any constituent
monitored
in
accordance
with
subsection
112—194
63
(a) (1) and
(a) (2)
shows a progressive
increase over four consecutive quarters;
ii)
The concentration of any constituent
exceeds the maximum allowable predicted
concentration at an established
monitoring point within the zone of
attenuation;
iii)
The concentration of any constituent
monitored in accordance with subsection
(a) (3) exceeeds the preceding measured
concentration at any established
monitoring point; and
iv)
The concentration of any constituent
monitored at or beyond the zone of
attenuation exceeds the applicable
groundwater quality standards of Section
811. 320.
B)
The confirmation procedures shall include
the
following:
i)
The operator shall verify any observed
increase by taking taking additional
samples within
45 days of the initial
observation and ensure that the samples
and sampling protocol used will detect
any statistically significant increase
in the concentration of the suspect
constituent in accordance with
subsection 811.320(e),
so as to confirm
the observed increase.
The operator
shall notify the Agency of any confirmed
increase before the end of the next
business day following the confirmation.
ii)
The operator shall determine the source
of any confirmed increase, which may
include, but shall not be limited to,
natural phenomena,
sampling or analysis
errors,
or an offsite source.
iii) The operator shall notify the Agency in
writing of any confirmed increase and
state the source of the confirmed
increase and provide the rationale used
in such a determination within ten days
of
the
determination.
b)
Assessment Monitoring
11 2—1’Y
64
The
operator
shall
begin
an
assessment
monitoring
program in order to confirm that the solid waste
disposal facility is the source of the contamination
and
to
provide
information
needed
to
carry
out
a
groundwater impact assessment in accordance with
subsection
(c).
The
assessment monitoring program
shall be conducted in accordance with the following
requirements:
1)
The assessment monitoring shall be conducted to
collect
information
to
assess
the
nature
and
extent of groundwater contamination, which shall
consist
of,
but
not be limited to, the following
steps:
A)
More frequent sampling of the wells
in which
the observation occurred;
B)
More frequent sampling of any surrounding
wells;
C)
The placement of additional monitoring wells
to
determine
the
source
and
extent of the
contamination;
ID)
Monitoring of additional constituents that
might indicate the source and extent of
contamination; and
E)
Any
other investigative techniques that will
assist in determining the nature and extent
of
the
contamination.
2)
The
operator of the facility for which assement
monitoring is required shall file the plans for an
assessment monitoring program with the Agency.
If
the facility is permitted by the Agency, then the
plans shall be filed for review as a significant
permit modification pursuant to
35
Ill.
Adm.
Code
8l3.Subpart
B.
The assessment monitoring program
shall be implemented within 90 days of
confirmation of any monitored increase in
accordance with subsection
(a) (4)
or,
in the case
of
permitted
facilities,
within
90 days of Agency
approval.
3)
If
the
analysis
of
the
assessment
monitoring
data
shows that the concentration of one or more
constituents, monitored at or beyond the zone of
attenuation is above the applicable groundwater
quality standards of Section 811.320 and is
attributable to the solid waste disposal facility,
112—196
65
then the operator shall determine the nature and
extent of the groundwater contamination including
an assessment
of the potential impact on the
groundwater should waste continue to be accepted
at the facility and shall implement remedial
action in accordance with subsection
(ci).
4)
If the analysis of the assessment monitoring data
shows that the concentration of one or more
constituents
is attributable to the solid waste
disposal facility and exceeds the maximum
allowable predicted concentration within the zone
of attenuation,
then the operator shall conduct
a
groundwater impact assessment
in accordance with
the requirements of subsection
(c)
c)
Assessment
of Potential Groundwater Impact
An operator required to conduct
a groundwater impact
assessment
in accordance with subsection
(b) (4) shall
assess the potential impacts outside the zone of
attenuation that may result from confirmed increases
above the maximum allowable predicted concentration
within the zone of attenuation,
attributable to the
facility,
in order to determine if there
is need for
remedial action.
In addition to the requirements
of
Section 811.317, the following shall apply:
1)
The operator shall utilize any new information
developed since the initial assessment and inform-
ation from the detection and assessment monitoring
programs and such information may be used for the
recalibration of the GCT model; and
2)
The operator shall submit the groundwater
impact
assessment and any proposed remedial action plans
determined necessary pursuant to subsection
(ci)
to
the Agency within 180 days of the start of the
assessment monitoring program.
ci)
Remedial Action
1)
The operator shall submit plans for the remedial
action to the Agency.
Such plans and all
supporting information including data collected
during the assessment monitoring shall be
submitted within 90 days of determination of
either
of the following:
A)
The groundwater impact assessment performed
in accordance with subsection
(c),
indicates
that remedial action
is needed;
or
Ii 2-1~7
66
B)
Any confirmed increase above the applicable
groundwater quality standards of Section
811.320 is determined to be attributable to
the
solid
waste disposal facility in
accordance
with
subsection
(b).
2)
If the facility has been issued a permit by the
Agency,
then the operator shall submit this
information as an application for significant
modification to the permit;
3)
The
operator
shall implement the plan for remedial
action within 90 days of the following:
A)
Completion of the groundwater impact
assessment under subsection
(C)
that requires
remedial action;
B)
Establishing that a violation of an
applicable groundwater quality standard of
Section 811.320 is attributable to the solid
waste disposal facility in accordance with
subsection
(b) (3);
or
C)
Agency approval of the remedial action plan,
where the facility has been permitted by the
Agency.
4)
The remedial action program shall consist of one
or a combination of one or more of the following
solutions:
A)
Retrofit additional groundwater protective
measures within the unit;
B)
Construct an additional hydraulic barrier,
such as a cutoff wall or slurry wall system;
C)
Pump and treat the contaminated groundwater;
or
ID)
Any other equivalent technique which will
prevent
further
contamination
of
groundwater.
5)
Termination of the Remedial Action Program
A)
The
remedial
action
program
shall continue in
accordance with the plan until monitoring
shows that the concentrations of all
monitored constituents are below the maximum
allowable
predicted
concentration
within
the
112—198
67
zone of attenuation,
and below the applicable
groundwater quality standards of Section
811.320
at or beyond the zone of attenuation,
over
a period of
4 consecutive quarters.
B)
The operator shall submit to the Agency all
information collected under subsection
(d) (5) (A).
If the facility is permitted then
the operator shall submit this information as
significant modification of the permit.
Section 811.320
Groundwater Quality Standards
a)
Applicable Groundwater Quality Standards
1)
Groundwater quality shall be maintained at each
constituent’s background concentration,
at or
beyond the zone of attenuation.
The applicable
groundwater quality standard established for any
constituent shall be:
A)
The background concentration;
or
B)
The Board established standard adjusted by
the Board in accordance with the
justification procedure
of subsection
(b).
2)
Any statistically significant increase above an
applicable groundwater quality standard
established pursuant to subsection
(a)
that
is
attributable to the facility and which occurs at
or beyond the zone of attenuation within 100 years
after closure of the last unit accepting waste
within such a facility shall constitute
a
violation.
3)
For the purp.oses of
this Part:
A)
“Background concentration” means that
concentration of
a constituent that
is
established as the background
in accordance
with subsection
(d)
;
and
B)
“Board established standard”
is the
concentration of a constituent adopted by the
Board as a standard for public and food
processing water supplies under
35 Ill.
Adm.
Code 302 or as
a groundwater quality standard
adopted by the Board pursuant to Section
14.4
of the Act or Section
8 of the Illinois
Groundwater Protection Act,
whichever is
lower.
112—1(19
68
b)
Justification for Adjusted Groundwater Quality
Standards
1)
An
operator
may
petition
the
Board
for
an
adjusted
groundwater quality standard in accordance with
the
procedures
specified
in
Section
28.1
of
the
Act
and 35 Ill.
Acm.
Code 106.410 through 106.416.
2)
For groundwater which contains naturally occurring
constituents which meet the requirements of
35
Ill.
Adm. Code 302.301,
302.304, and 302.305, the
Board will specify adjusted groundwater quality
standards
no greater than those of
35
Ill.
Adm.
Code 302.301,
302.304, and 302.305, upon a
demonstration by the operator that:
A)
The change in standards will not interfere
with,
or become injurious to,
any present or
potential
beneficial uses for such waters;
B)
The change in standards
is necessary for
economic or social development; and
C)
All technically feasible and economically
reasonable methods are being used to prevent
the degradation of the groundwater quality.
3)
For
groundwater
which
contains naturally occurring
constituents which do not meet the standards of
35
Ill.
Adra.
Code 302.301,
302.304,
and
302.305,
the
Board will specify adjusted groundwater quality
standards, upon a demonstration by the operator
that:
A)
The groundwater does not presently serve as
a
source of drinking water;
B)
The change in standards will not interfere
with,
or become injurious to, any present or
potential beneficial uses for such waters;
C)
The change is necessary for economic or
social development; and
D)
The
groundwater
cannot
presently,
and
will
not in the future,
serve as a source of
drinking water because:
i)
It
is
impossible
to
remove
water
in
usable
quantities;
112—200
69
ii)
The groundwater
is situated at a depth
or location such that recovery of water
for drinking purposes
is not techno-
logically feasible or economically
reasonable;
iii) The groundwater
is so contaminated that
it would be economically or technologi-
cally impractical to render that water
fit for human consumption;
iv)
The total dissolved solids content of
the groundwater is more than 3,000 mg/l
and that water
is not reasonably
expected to serve a public water supply
system; or
v)
The total dissolved solids content of
the groundwater exceeds 10,000 mng/l.
c)
Determination of the Zone of Attenuation
1)
The zone of attenuation, within which
concentrations
of constituents
in leachate
discharged from the unit may exceed the applicable
groundwater quality standard of this Section,
is a
volume bounded by a vertical plane
at the property
boundary or 100 feet from the edge of the unit,
whichever
is
less,
extending from the ground
surface to the bottom of the uppermost aquifer and
excluding the volume occupied by the waste.
2)
Zones
of attenuation shall not extend to the an-
nual high water mark of navigable surface waters.
3)
Overlapping zones of attenuation from units within
a single facility may be combined into a single
zone for the purposes of establishing a monitoring
network.
d)
Establishment of Background Concentrations
1)
The initial monitoring to determine background
concentrations shall commence during the
hydrogeological assessment required by Section
811.315.
The background concentrations
for those
parameters
identified
in Sections 811.315(e) (1) (G)
and 811.319(a) (2) and
(a) (3)
shall
be established
based on quarterly sampling of wells
for one year,
monitored in accordance with the requirements of
subsections
(d) (2)
,
(d) (3) and
(d) (4)
,
which may
be adjusted during the operation of a facility.
I 12—2111
70
Statistical tests and procedures shall be
employed,
in accordance with subsection
(e),
depending on the number, type and frequency of
samples
collected
from
the
wells,
to establish the
background concentrations.
Adjustments to the
background concentrations shall be made only if
changes
in
the
concentrations of constituents
observed in upgradient wells over time are
determined,
in accordance with subsection
(e), to
be statistically significant.
Background
concentrations determined in accordance with this
subsection shall be used for the purposes of
establishing groundwater quality standards,
in
accordance with subsection
(a)
.
The operator
shall prepare a list of the background
concentrations established in accordance with this
subsection.
The operator shall maintain such a
list at the facility,
shall submit a copy of the
list to the Agency for establishing standards in
accordance with subsection
(a), and shall provide
updates to the list within ten days of any change
to the list.
2)
A network of monitoring wells shall be established
upgradient from the unit, with respect to
groundwater flow,
in accordance with the following
standards,
in order to determine the background
concentrations of constituents in the groundwater:
A)
The wells shall be located at such a distance
that discharges of contaminants from the unit
will not be detectable;
B)
The wells shall be sampled at the same
frequency as other monitoring points to pro-
vide continuous background concentration
data, throughout the monitoring period; and
C)
The wells shall be established in locations
and at depths that account for spatial
variability.
3)
A determination of background concentrations may
include
the
sampling
of
wells
that
are
not
hydraulically upgradient of the waste unit where:
A)
Hydrogeologic conditions do not allow the
owner or operator to determine what wells are
hydraulically upgradient of the waste;
and
B)
Sampling at other wells will provide an
indication of background concentations that
112—202
71
is representative of
that which would have
been provided by upgradient wells.
4)
If background concentrations cannot be determined
on site, then alternative background
concentrations may be determined from actual
monitoring data from the aquifer of concern, which
includes, but is not limited to, data from another
landfill site that overlies the same aquifer.
e~
Statistical Analysis of Groundwater Monitoring Data
1)
Statistical tests shall be used to analyze
groundwater monitoring data.
One or more of the
normal theory statistical tests listed
in
subsection
(e) (4)
shall be chosen first for
analyzing the data set or transformations
of the
data
set.
Where such normal theory tests are
demonstrated to be inappropriate,
tests listed in
subsection
(e) (5)
or
a test
in accordance with
subsection
(e) (6)
shall
be used.
Any statistical
test chosen from subsections
(e) (4)
or
(e) (5),
the
level of significance
(Type
1 error level)
shall
be no less than 0.01,
for individual well
comparisons,
and no less than 0.05,
for multiple
well comparisons.
The statistical analysis shall
include, but not be limited to, the accounting of
data below the detection limit of the analytical
method used,
the establishment
of background
concentrations and the determination of whether
statistically significant changes have occurred
in:
A)
The concentration of any chemical constituent
with respect to the background concentration
or maximum allowable predicted concentration;
and
B)
The established background concentration of
any chemical constituents over time.
2)
The statistical test or tests used shall be based
upon the sampling and collection protocol of
Sections 811.318 and 811.319.
3)
Monitored data that are below the level
of
detection shall be reported as not detected
(ND)
The level of detection for each constituent shall
be the minimum concentration of that constituent
which can be measured and reported with 99 percent
confidence that the true value
is greater than
zero,
which
is defined
as the
method
detection
112—203
72
limit
(MDL).
The.following procedures shall be
used to analyze such data, unless an alternative
procedure in accordance with subsection
(e) (6),
is
shown to be applicable:
A)
Where the percentage of nondetects in the
data base used is less than 15 percent, the
operator shall replace NDs with the MDL
divided by two, then proceed with the use of
one or more of the Normal Theory statistical
tests listed
in subsection
(e) (4)
;
B)
Where the percentage of nondetects in the
data base or data transformations used is
between 15 and 50 percent, and the data are
normally distributed, the operator shall use
Cohen’s
adjustment
to
the
sample
mean
and
standard deviation, followed by one or more
of the tests listed
in subsection
(e) (4) (C).
However, where data are not normally
distributed, the operator shall use an
applicable nonparametric test from subsection
(e) (5)
C)
Where the percentage of nondetects in the
database used is above 50 percent, then the
owner or operator shall use the test of
proportions listed in subsection
(e) (4).
4)
Normal theory statistical tests:
A)
Student t-test including,
but not limited to,
Cochran’s Approximation to the Behren—Fisher
(CABF)
t-test and Averaged Replicate
(AR) t-
test.
B)
Parametric analysis of variance
(ANOVA)
followed by one or more of the multiple
comparison procedures including,
but not
limited to, Fisher’s Least Significant
Difference
(LSD),
Student Newmnan—Kuel
procedure,
Duncan’s New Multiple Range Test
and Tukey’s W procedure.
C)
Control Charts, Prediction Intervals and
Tolerance Intervals,
for which the type I
error levels shall be specified by the Agency
in accordance with the requirements of 35
Ill.
Adm. Code 724.197(i).
5)
Nonparametric statistical tests shall include:
Mann-Whitney U-test, Kruskal-Wallis test,
a
112—204
73
nonparametric analyis of variance
(ANOVA)
for
multiple comparisons
or the Wilcoxon Rank Sum
test.
6)
Any other statistical test based on the
distribution of the sampling data may be used,
if
it
is demonstrated to meet the requirements of 35
Ill.Adm Code 724.197(i).
Section 811.321
Waste Placement
a)
Phasing of Operations
1)
Waste disposal operations
shall move from the
lowest portions of the unit to the highest por-
tions.
Except as provided in subsection
(a) (2)
the placement of waste shall begin
in the lowest
part of the active face of the unit,
located in
the part of the facility most downgradient with
respect to groundwater flow.
2)
The operator may dispose of wastes
in areas other
than those specified in subsection
(a) (1)
only
under any of the following conditions:
A)
Climatic conditions,
such as wind and
precipitation,
are such that the placement of
waste in the bottom
of the unit would cause
water pollution,
litter or damage to any part
of the liner;
B)
The topography
of the land surrounding the
unit makes the procedure of subsection
(a) (1)
environmentally unsound,
for example, because
steep slopes surround the unit;
or
C)
When groundwater monitoring wells,
constructed in accordance with the
requirements of Section 811.319,
are placed
50 feet,
or
less,
downgradient
from the
filled portions of the unit.
b)
Initial Waste Placement
1)
Construction, compaction and earth moving equip-
ment shall
be prohibited
from operating directly
on the leachate collection piping system until a
minimum of five feet of waste has been mounded
over the system.
2)
Construction, compaction and earth moving equip-
ment shall
be prohibited
from operating directly
112—205
74
on the leachate drainage blanket.
Waste disposal
operations shall begin at the edge of the drainage
layer
by
carefully
pushing
waste
out
over
the
drainage layer.
3)
An initial layer of waste,
a minimum of five feet
thick,
shall be placed over the entire drainage
blanket immediately after construction, but prior
to the onset of weather conditions that may cause
the compacted earth liner to freeze.
4)
Waste shall not be placed over areas that are
subject to freezing conditions until the liner has
been inspected, tested, and reconstructed
(if
necessary)
to meet the requirements of Section
811. 306.
Section 811.322
Final
Slope and Stabilization
a)
All final slopes shall be designed and constructed to a
grade capable of supporting vegetation and which
minimizes erosion.
b)
All slopes shall be designed to drain runoff away from
the cover and which prevents ponding.
No standing
water shall be allowed anywhere in or on the unit.
c)
Vegetation
1)
Vegetation shall be promoted on all reconstructed
surfaces to minimize wind and water erosion of the
final
protective
cover.
2)
Vegetation shall be compatible with the climatic
conditions.
3)
Vegetation shall require little maintenance;
4)
Vegetation shall consist of
a diverse mix of na-
tive and introduced species that is consistent
with the postclosure land use;
5)
Vegetation shall be tolerant of the landfill gas
expected to be generated;
6)
The root depth of the vegetation shall not exceed
the depth of the final protective cover system.
7)
Temporary erosion control measures, including but
not limited to mulch straw, netting and chemical
soil stabilizers, shall be undertaken while
vegetation is being established.
112—206
75
ci)
Structures Constructed Over the Unit
1)
Structures constructed over the unit must be
compatible with the land use;
2)
Such structures
shall be designed to vent gases
away from the interior; and
3)
Such structures must in no way interfere with the
operation of
a cover system,
gas collection sys-
tem,
leachate collection system or any monitoring
system.
Section 811.323
Load Checking Program
a)
The operator shall
implement a load checking program
that meets the requirements of this Section,
for
detecting and discouraging attempts to dispose
regulated hazardous wastes at the facility.
For
purposes of this Section and Section 811.406,
“regulated hazardous wastes”
are wastes defined as such
under
RCRA,
at
35 Ill. Adm. Code 721,
and subject to
regulations under 35 Ill. Adm.
Code:
Subtitle
G.
b)
The load checking program shall consist of,
at a
minimum,
the following components:
1)
Random inspections
A)
An inspector designated by the facility shall
examine at least three random loads of solid
waste delivered to the landfill on
a random
day each week.
The drivers randomly selected
by the inspector shall be directed to
discharge their loads at a separate,
designated location within the facility.
The
facility shall conduct
a detailed inspection
of the discharged material for any regulated
hazardous or other unacceptable wastes that
may be present.
Cameras or other devices may
be used to record the visible contents of
solid waste shipments.
Where such devices
are employed, their use should be designated
on
a sign posted near the entrance to the
facility.
B)
If regulated hazardous wastes or other
unacceptable wastes are suspected, the
facility shall communicate with the
generator,
hauler or other party responsible
11 2—207
76
for shipping the waste to the facility to
determine
the
identity
of
the
waste.
2)
Recording inspection results
Information and observations derived from each
random inspection shall be recorded in writing and
retained at the facility for at least three years.
The recorded information shall include,
at a
minimum,
the date and time of the inspection; the
names of the hauling firm and the driver of the
vehicle; the vehicle license plate number; the
source of the waste,
as stated by the driver; and
observations made by the inspector during the
detailed inspection.
The written record shall be
signed by both the inspector and the driver.
3)
Training
The
solid
waste management facility shall train
designated inspectors,
equipment
operators,
weigh
station attendants, spotters at large facilities,
and all other appropriate facility personnel in
the identification of potential sources of
regulated hazardous wastes.
The training program
shall emphasize familiarity with containers
typically
used
for
regulated hazardous wastes and
with labels for regulated hazardous wastes, under
PCRA,
and for hazardous materials under the
Hazardous
Materials
Transportation
Act
(49
U.S.C.
1801
et
seq.).
c)
Handling Regulated Hazardous Wastes
1)
If any regulated hazardous wastes are identified
by random load checking, or are otherwise
discovered to be improperly deposited at the
facility,
the
facility
shall
promptly
notify
the
Agency,
the person responsible for shipping the
wastes
to
the
landfill, and the generator of the
wastes,
if
known.
Waste
loads
identical
to
the
regulated
hazardous
waste
identified
through
the
random load checking which have not yet been
deposited in the landfill shall not be accepted’.
The
area
where
the
wastes are deposited shall
immediately
be
cordoned
off
from
public
access.
The
solid
waste
management
facility
shall
assure
the cleanup, transportation and disposal of the
waste at a permitted hazardous waste management
facility.
112—208
77
2)
The party responsible for transporting the waste
to the solid waste management facility shall be
responsible for the costs of such proper cleanup,
transportation and disposal.
3)
Subsequent shipments by persons or sources found
or suspected to be previously responsible for
shipping regulated hazardous waste shall be
subject to the following special precautionary
measures prior to the solid waste management
facility accepting wastes.
The operator shall use
precautionary measures such as questioning the
driver concerning the waste contents prior to
discharge and visual inspection during the
discharge of the load at the working face or
elsewhere.
SUBPART D:
MANAGEMENT
OF SPECIAL WASTES AT
LANDFILLS
Section 811.401
Scope and Applicability
a)
This Subpart applies to all landfills permitted by the
Agency pursuant to Section 21
of the Act,
including
landfills operated onsite, with or without
a permit,
that accept special wastes.
b)
The standards of this Subpart apply in addition to the
standards of 35
Ill. Adm. Code 809.
c)
Inspection,
testing or acceptance of waste by a solid
waste management facility shall not relieve the genera-
tor or transporter of responsibility for compliance
with the requirements
of
35
Ill. Adm.
Code 700:
Subtitle
G.
Section 811.402
Notice to Generators and Transporters
A prominent sign at the entrance to each solid waste management
facility shall state that disposal of hazardous waste
is
prohibited and,
if
it is
a facility permitted by the Agency to
accept special wastes pursuant to 35
Ill.
Adm.
Code 807,
also
state that special waste will be accepted only
if accompanied by
an
identification record and a manifest,
unless such waste
is
exempted from the manifest requirements of this Part and
35
Ill.
Adm. Code 809.Subpart
E.
Section 811.403
Special Waste Manifests
a)
Each special waste accepted for disposal at
a permitted
solid waste
management
facility
shall be accompanied by
a manifest containing the following information,
unless
ii 2—2fl~
78
such special waste is disposed at an onsite facility
and
exempted,
in
accordance
with
35 Ill.
Adm. Code
809.211,
from
the
manifest
requirement:
1)
The name of the generator of the special waste;
2)
When and where the special waste was generated;
3)
The name
of the special waste hauler;
4)
The
name of the solid waste management facility to
which it
is shipped as
a final destination point;
5)
The date of delivery;
6)
The name, waste stream permit number
(if
applicable)
and quantity of special waste
delivered to the hauler;
7)
The signature of the person who delivered the
special waste to the special waste hauler,
acknowledging such delivery;
8)
The
signature
of the special waste hauler,
acknowledging receipt of the special wastes; and
9)
The signature of the person who accepted the
special waste at its final destination,
acknowledging acceptance of the special waste.
b)
A permitted facility that accepts special waste must be
designated on the manifest as the final destination
point.
Any subsequent delivery of the special waste or
any portion or product thereof to a special waste
hauler
shall
be
conducted
under
a
transportation
record
initiated by the permitted solid waste management
facility.
c)
Distribution of Manifests After Delivery
1)
The receiving solid waste management facility,
shall accept special waste only if accompanied by
three copies of the manifest from the hauler.
The
hauler
shall
retain one copy.
2)
The receiving solid waste management facility
shall:
A)
Send one copy of the completed transportation
record to the person who delivered the
special waste to the special waste hauler
112—210
79
(usually the generator,
or another special
waste management
facility);
B)
Send one copy of each signed manifest to the
Agency
in accordance with the requirements
of
35 Ill. Adm.
Code
809; and
C)
Send information on rejected loads to the
Agency
in a quarterly report.
d)
Every, person who delivers special waste to a
special
waste hauler,
every person who accepts special waste
from
a special waste hauler and every special waste
hauler shall retain a copy of the special waste trans-
portation record as
a record of each special waste
transaction.
These copies shall be retained for three
years,
and shall be made available at reasonable times
for inspection and photocopying by the Agency pursuant
to Section 4(d)
of the Act.
Section 811.404
Identification Record
a)
Each special waste disposed of at a facility (including
special wastes generated at the facility)
shall be
accompanied by a special waste profile identification
sheet,
from the waste generator,
that certifies the
following:
1)
The generator’s name and address;
2)
The transporter’s name and telephone number;
3)
The name of waste;
4)
The process generating the waste;
5)
Physical characteristics
of waste
(e.g.,
color,
odor,
solid or liquid,
flash point);
6)
The chemical composition of the waste;
7)
The metals content
of the waste;
8)
Hazardous characteristics
(including
identification
of wastes deemed hazardous by the
United States Environmental Protection Agency or
the state);
9)
Presence of polychlorinated biphenyls
(PCB)s or
2,3,7,8—tetrachlorodibenzodioxin
(2,3,7,8—TCDD)
;
and
112—21.1
80
10)
Any other information, such as the result of any
test
carried
out
in
accordance
with
Section
811.202, that can be used to determine:
A)
Whether the special waste
is regulated as a
hazardous waste,
as defined at
35
Ill.
Adm.
Code
721;
B)
Whether
the
special waste
is of a type that
is permitted for or has been classified,
in
accordance with 35
Ill. Adm.
Code 809,
for
storage, treatment,
or disposal
at
the
facility; and
C)
Whether the method of storeage,
treatement,
or disposeal, using the methods available at
the facility,
is
appropriate
for
the
waste.
b)
Special waste recertification
Each subsequent shipment of a special waste from the
same generator must be accompanied by a transportation
record,
a
copy
of
the original special waste profile
identification sheet,
and either:
1)
A special waste recertification by the generator
describing whether there have been changes in the
following:
A)
Laboratory analysis
(copies to be attached);
B)
Raw material
in the waste-generating process;
C)
The waste-generating process itself;
D)
The physical or hazardous characteristics of
the
waste;
and
E)
New information on the human health effects
of exposure to the waste; or
2)
Certification indicating
that
any
change
in the
physical or hazardous characteristic of the waste
is
not
sufficient
to
require
a new special waste
profile.
Section 811.405
Recordkeeping Requirements
The
solid
waste management facility operator shall retain copies
of any special waste profile identification sheets, special waste
recertifications,
certifications
of
representative
sample,
special waste laboratory analyses, special waste analysis plans,
and
any
waivers
of
requirements (prohibitions, special waste
112—212
81
management authorization,
and operating requirements)
at the
facility until the end of the postclosure care period.
Section 811.406
Procedures
for Excluding Regulated Hazardous
Wastes
The operator shall implement
a load checking program that meets
the requirements of Section 811.323 for detecting and
discouraging attempts to dispose of regulated hazardous wastes at
the facility.
SUBPART
E:
CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section 811.501
Scope and Applicability
All structures necessary to comply with the requirements of this
Part shall be constructed according to a construction quality
assurance program that,
at
a minimum, meets the requirement of
this Subpart.
Section 811.502
Duties and Qualifications
of Key Personnel
a)
Duties and Qualifications of the Operator
The operator shall designate a third party contractor,
a person other than the operator or an employee of the
operator,
as the construction quality assurance
(CQA)
officer.
b)
Duties and Qualifications of the CQA officer
1)
The CQA officer shall supervise and be responsible
for all inspections, testing and other activities
required to be implemented as part of the CQA
program under this Subpart.
2)
The CQA officer shall be a professional engineer.
Section 811.503
Inspection Activities
a)
The CQA officer shall be present
to provide supervision
and assume responsibility for performing all
inspections of the following activities:
1)
Compaction
of the subgrade and fo~ndationto
design parameters;
2)
Installation of the compacted earth liner;
3)
Installation of a geomembrane;
4)
Installation
of slurry trenches or cutoff walls;
112—213
82
5)
Installation of the leachate drainage and
collection
system;
6)
Application
of
final
cover;
7)
Installation of gas control facilities; and
8)
Construction of ponds, ditches,
lagoons and berms.
b)
If the CQA officer is unable to be present to perform,
as required by subsection
(a),
then the CQA officer
shall provide,
in writing, reasons for his absence,
a
designation of a person who shall exercise professional
judgement
in carrying out the duties of
a CQA officer
as the designated CQA officer-in-absentia,
and a signed
statement that the CQA officer assumes full personal
responsibility for all inspections performed
and
reports prepared by the designated CQA officer-in-
absentia during the absence of the CQA.
Section 811.504
Sampling Requirements
A sampling program shall be implemented as part of the CQA plan,
for all construction activities,
in order to ensure,
at a
minimum, that construction materials and operations meet the
following requirements:
a)
The sampling program shall be designed prior to
construction.
b)
The sampling program shall be based upon statistical
sampling techniques and shall establish and specify
criteria for acceptance or rejection of materials and
operations.
Section 811.505
Documentation
a)
A
daily
summary
report
shall
be
prepared
by
the
CQA
officer,
or
under
the
direct
supervision
of
the
CQA
officer,
during
each
day
of
activity.
The report shall
contain,
at a minimum:
1)
The date;
2)
A summary of the weather conditions;
3)
A summary of locations where construction
is
occurring;
4)
Equipment and personnel on the project;
5)
A summary of any meetings held and attendees;
112—214
83
6)
A description of all materials used and references
or results of testing and documentation;
7)
The calibration and recalibration of test
equipment;
8)
The daily inspection report from each inspector.
b)
Daily Inspection Reports
Each inspector shall complete a daily inspection report
containing the following information:
1)
The location;
2)
The type of inspection;
3)
The procedure used;
4)
Test data;
5)
The results of the activity;
6)
Personnel involved in the inspection and sampling
activities; and
7)
The signature of the inspector.
c)
Photographic Records
Photographs may be used as tools to document the
progress and acceptability of the work and may be
incorporated into the daily summary report,
daily
inspection report,
and an acceptance report.
Each
photo shall be identified with the following
information:
1)
The date,
time and location of photograph;
2)
The name of photographer; and
3)
The signature of photographer.
ci)
Acceptance Reports
Upon completion of the construction of each major
phase,
the CQA officer shall submit an acceptance
report to the Agency.
The acceptance report shall
be
submitted before the structure is placed into service
and shall contain the following:
1 ~2—2 5
84
1)
A
certification
by
the
CQA
officer
that
the
construction
has
been
prepared
and
constructed
in
accordance
with
the
engineering
design;
2)
As-built
drawings;
and
3)
All daily summary reports.
Section 811.506
Foundations and Subbases
a)
The CQA officer shall identify and ensure that the site
investigation is carried out in accordance with the
plans,
identify unexpected conditions and record all
modifications to the plans and construction procedures
on the as-built drawings.
b)
The
CQA
officer shall observe soil and rock surfaces
for joints, fractures and depressions, document the
filling
of
all
joints and fractures and document the
removal and filling of local sand deposits on the as—
built drawings.
c)
The CQA officer shall ensure that there are no moisture
seeps and that all soft, organic or other undesirable
materials are removed.
Section 811.507
Compacted Earth Liners
a)
Requirements for a Test Liner
A test fill shall
be constructed before construction of
the actual,
full-scale compacted earth liner,
in
accordance with the following requirements:
1)
The
test
liner
shall
be
constructed
from the same
soil material, design specifications, equipment
and procedures as are proposed for the full—scale
liner;
2)
The test fill shall be at least four times the
width of the widest piece of equipment to be used;
3)
The test fill shall be long enough to allow the
equipment to reach normal operating speed before
reaching the test area;
4)
At least three lifts shall
be constructed;
5)
The test fill shall be tested as described below
for each of the
following
physical
properties
using tests to ensure
a statistically valid sample
size:
112—216
85
A)
Field testing techniques shall be used to
determine the hydraulic conductivity.
B)
Samples shall also be tested in the
laboratory for hydraulic conductivity.
The
laboratory results shall be evaluated to
determine if there
is a statistical
correlation to the field testing results.
C)
Other engineering parameters,
including but
not limited to particle size distribution,
plasticity,
water content, and in—place
density, that are needed to evaluate the
full-scale liner shall be determined.
6)
Additional test fills shall be constructed for
each time the material properties of
a new borrow
source changes or for each admixture or change in
equipment or procedures;
and
b)
Construction of a test fill or the requirements
for an
additional test fill may be omitted if a full—scale
liner or a test fill has been previously constructed
in
compliance with this subsection and documentation and
is available to demonstrate that the previously
constructed liner meets the requirements
of subsection
(a)
C)
The CQA officer shall inspect the construction and
testing of test fills to ensure that the requirements
of subsection
(a)
are met.
During construction of the
actual,
full—scale compacted earth liner, the CQA
officer shall ensure the following:
1)
Use of same compaction equipment as used in test
fill;
2)
Use of same procedures,
such as number of passes
and speed;
3)
Uniformity of coverage by compaction equipment;
4)
Consistent achievement of density, water content
and permeability of each successive
lift;
5)
Use of methods to bond successive lifts together;
6)
Achievement of liner strength on sidewalls;
112—217
86
7)
Contemporaneous placement of protective covering
to
prevent
drying
and
desiccation,
where
necessary;
8)
Prevention of the placement of frozen material or
the placement of material on frozen ground;
9)
Prevention of damage to completed liner sections;
and
10)
That construction proceeds only during favorable
climatic
conditions.
Section 811.508
Geomembranes
The CQA officer shall insure the following:
a)
The bedding material contains no undesirable objects;
b)
The placement plan has been followed;
c)
The anchor trench and backfill are constructed to
prevent damage to the geomembrane;
ci)
All tears,
rips,
punctures,
and other damage are
repaired; and
e)
All geomembrane seams are properly constructed and
tested.
Section 811.509
Leachate Collection Systems
a)
The CQA officer shall insure that pipe sizes, material,
perforations, placement and pipe grades are in
accordance with the design.
b)
The CQA officer shall insure that all soil materials
used for the drainage blanket and graded filters meet
the required size and gradation specifications and are
placed in accordance with the design plans.
c)
All
prefabricated
structures
shall be inspected for
conformity to specifications
and
for
defective
manufacturing.
SUBPART G:
FINANCIAL ASSURANCE
Section 811.700
Scope, Applicability and Definitions
a)
This Subpart provides procedures by which the operator
of a permitted waste disposal facility provides
112—218
87
financial assurance satisfying the requirements of
Section 21.1(a)
of the Act.
b)
Financial assurance may be provided,
as specified in
Section 811.706,
by
a trust agreement,
a bond
guaranteeing payment,
a bond guaranteeing payment or
performance,
a letter of credit,
insurance or self—
insurance.
The operator shall provide financial
assurance to the Agency before the receipt of the
waste.
C)
This Subpart does not apply to the State of Illinois,
its agencies and institutions,
or to any unit of local
government; provided,
however,
that any other persons
who conduct such
a waste disposal operation on a site
that
is owned or operated by such
a governmental
entity
shall provide financial assurance for closure and
postclosure care of the site.
d)
The operator
is not required to provide financial
assurance pursuant to this Subpart if the operator
demonstrates:
1)
That closure and postclosure care plans filed
pursuant to 35
Ill. Adm.
Code 724 or 725 will
result in closure and postclosure care of the site
in accordance with the requirements of this Part;
and
2)
That the operator has provided financial assurance
adequate to provide for such closure and
postclosure care pursuant to
35
Ill.
Adm.
Code 724
or 725.
e)
Definition:
“Assumed closure date” means the date
during the the next permit term on which the costs of
premature final closure of the facility,
in accordance
with the standards of this Part, will
be greatest.
Section 811.701
Upgrading Financial Assurance
a)
The operator shall maintain financial assurance equal
to or greater than the current cost estimate calculated
pursuant to Section 811.704
at all times, except as
otherwise provided by subsection
(b).
b)
The operator shall increase the total amount of
financial assurance so as to equal the current cost
estimate within
90 days after any of the following
occurrences:
1)
An increase
in the current cost estimate;
112—219
88
2)
A decrease in the value of a trust fund;
3)
A
determination
by
the
Agency
that
an
operator
no
longer meets the gross revenue test of Section
811.715(d)
or the financial test of Section
811.715(e);
or,
4)
Notification by the operator that the operator
intends
to
substitute
alternative
financial
assurance,
as specified in Section
811.706,
for
self—insurance.
Section 811.702
Release of Financial Institution
The Agency shall release a trustee,
surety,
insurer or other
financial institution when:
a)
An operator substitutes alternative financial assurance
such that the total financial assurance for the site is
equal to or greater than the current cost estimate,
without counting the amOunts to be released; or
b)
The
Agency
releases the operator from the requirements
of this Subpart pursuant to 35 Ill.
Adm. Code
813.403(b).
Section 811.703
Application of Proceeds and Appeals
a)
The Agency may sue in any court of competent
jurisdiction
to
enforce
its
rights
under financial
instruments.
The
filing
of
an
enforcement
action
before the Board
is not
a condition precedent to such
an
Agency
action,
except
when
this Subpart or the terms
of the instrument provide otherwise.
b)
As provided in Titles VIII and IX of the Act and 35
Ill.
Admn.
Code 103
and
104, the Board may order
modifications in permits to change the type or amount
of financial assurance pursuant to an enforcement
action or a variance petition.
Also,
the Board may
order that an owner or operator modify a closure or
postclosure care planor order that proceeds from
financial
assurance
be
applied
to
the
execution
of
a
closure or postclosure care plan.
c)
The
following
Agency
actions
may
be
appealed
to
the
Board as a permit denial pursuant to 35
Ill. Adm. Code
105 and Section 21.5(e) of the Act:
1)
A refusal to accept financial assurance tendered
by the operator;
112~-220
89
2)
A refusal to release the operator from the
requirement to maintain financial assurance;
3)
A refusal to release excess funds from a trust;
4)
A refusal to approve a reduction
in the penal sum
of a bond;
5)
A refusal to approve a reduction in the amount of
a letter of credit;
6)
A refusal to approve a reduction in the face
amount of an insurance policy; or
7)
A determination that an operator no longer meets
the gross revenue test or financial test.
Section 811.704
Closure and Postclosure Care Cost Estimates
a)
Written cost estimate.
The operator shall have a
written estimate of the cost of closure of all parts
of
the facility where wastes have been deposited in
accordance with the requirements of this Part; the
written closure plan,
required by Section 811.110 and
35
Ill. Adm. Code 812.114; and the cost of postclosure
care and plans required by this Part and the written
postclosure care plans required by 35
Ill. Adm.
Code
812.115.
The cost estimate
is the total cost for
closure and postclosure care.
b)
The operator shall revise the cost estimate whenever a
change in the closure plan or postclosure care plan
increases the cost estimate.
c)
The cost estimate must be based on the steps necessary
for the premature final closure of the facility on the
assumed closure date.
d)
The cost estimate must be based on the assumption that
the Agency will contract with
a third party to
implement the closure plan.
e)
The cost estimate may not
be reduced by allowance for
the salvage value of equipment or waste,
for the resale
value of
land,
or for the sale
of landfill gas.
f)
The cost estimate must,
at a minimum,
include all costs
for all activities necessary to close the facility in
accordance with all requirements of this Part.
11 2—221
90
g)
The postclosure monitoring and maintenance cost
estimate must be prepared:
1)
On the basis of the design period for each unit at
a facility, assuming operations will cease on the
assumed closure date;
and
2)
Reduced to present value, as follows:
A)
Based on a
4 percent discount rate;
B)
Without allowing for inflation;
C)
Over a period including the time remaining
until the assumed closure date,
plus the
postclosure care period;
h)
The postclosure care cost estimate must,
at a minimum,
be based on the following elements in the postclosure
care plan:
1)
Groundwater
monitoring,
based
on
the
number
of
monitoring points and parameters and the frequency
of sampling specified in the permit.
2)
The annual Cost of Cover Placement and
Stabilization, including an estimate of the annual
residual settlement and erosion control and the
cost of mowing.
3)
Alternative Landfill Gas Disposal.
If landfill
gas
is transported to an offsite processing
system, then the operator shall include in the
cost estimate the costs necessary to operate an
onsite
gas
disposal system,
should access to the
offsite facility become unavailable.
The cost
estimate must include the following information:
installation,
operation, maintenance and
monitoring of an onsite gas disposal system.
4)
Cost Estimates Beyond the Design Period.
When a
facility
must
extend
the
postclosure
care
period
beyond the applicable design period, the cost
estimate must be based upon such additional time
and the care activities occurring during that
time.
i)
This Section does not authorize the Agency to require
the operator to perform any of the indicated activities
upon which cost estimates are to be based;
however,
if
the site permit requires a closure activity, the
112—222
91
operator shall include the cost of that activity in the
cost estimate.
j)
Once the operator has completed an activity,
the
operator may file an application for significant permit
modification pursuant to 35
Ill. Adm.
Code 813.201
indicating that the activity has been completed,
and
zeroing that element of the cost estimate.
Section 811.705
Revision of Cost Estimate
a)
The operator shall revise the current cost estimates
for closure and postclosure care in each new
application for permit renewal or where
a facility
modification results in an increase of the cost
estimate.
b)
The operator shall review the closure and postclosure
care plans prior to filing a revised cost estimate in
order to determine whether they are consistent with
current operations,
and the requirements of this
Subchapter.
The operator shall either certify that the
plans are consistent,
or shall file an application
incorporating new plans pursuant to 35
Ill. Adm.
Code
813.
c)
The operator shall prepare
new closure and postclosure
cost estimates reflecting current prices for the items
included
in the estimates when submitting any new
application for permit renewal.
The operator shall
file revised estimates even if the operator determines
that there are no changes
in the prices.
Section 811.706
Mechanisms for Financial Assurance
The operator of a
waste disposal site may utilize any of the
following mechanisms to provide financial assurance for closure
and postclosure care:
a)
A trust Fund
(Section 811.710) ;
b)
A surety Bond Guaranteeing Payment (Section 811.711);
c)
A surety Bond Guaranteeing Performance
(Section
811.712)
;
d)
A letter of Credit
(Section 811.713);
e)
Closure
Insurance
(Section
811.714); or
f)
Self—insurance
(Section 811.715).
1.12—22
3
92
Section 811.707
Use of Multiple Financial Mechanisms
An operator
may
satisfy
the requirements of this Subpart by
establishing more than one financial mechanism per site.
These
mechanisms are limited to trust funds,
surety bonds guaranteeing
payment,
letters of credit and insurance.
The mechanisms must be
as specified in 35 Ill.
Adm. Code 811.710, 811.711,
811.713 and
811.714, respectively, except that
it
is the combination of
mechanisms, rather than the single mechanism, which must provide
financial
assurance
for
an
amount
at least equal to the current
cost estimate.
The operator may use any or all of the mechanisms
to provide for closure and postclosure care of the site.
Section 811.708
Use of
a Financial Mechanism for Multiple
Sites
An operator may use a financial assurance mechanism specified in
this
Subpart
to
meet
the
requirements
of
this
Subpart
for
more
than one site.
Evidence of financial assurance submitted to the
Agency must include a list showing,
for each site,
the name,
address
and
the
amount
of
funds
assured
by the mechanism.
The
amount
of
funds
available
through
the
mechanism must be no less
than the sum of funds that would be available if a separate
mechanism had been established and maintained for each site.
The
amount of funds available to the Agency must be sufficient to
close and provide postclosure care for all of the operator’s
sites.
In directing funds available through a single mechanism
for the closure and postclosure care of any single site covered
by that mechanism,
the Agency may direct only that amount of
funds designated for that
site,
unless the operator agrees to the
use of additional funds available under that mechanism.
Section 811.709
Trust Fund for Unrelated Sites
Any
person may establish a trust fund for the benefit of the
Agency which may receive funds from more than one operator for
closure of different sites.
Such a trust fund must operate like
the trust fund specified in
35 Ill.
Adm. Code 807.710,
except as
follows:
a)
The trustee shall maintain a separate account for each
site and shall evaluate such annually as of the day of
creation of the trust;
b)
The trustee shall annually notify each operator and the
Agency of the evaluation of each operator’s account;
c)
The trustee shall release excess funds as required from
the account for each site;
112—224
93
d)
The trustee shall reimburse the operator or other
person authorized to perform closure or postclosure
care only from the account for that site.
e)
The Agency may direct the trustee to withhold payments
only from the account for the site for which it has
determined the cost of closure and postclosure care
will be greater than the value of the account for that
site pursuant to Section 811.710(g) (3).
Section 811.710
Trust Fund
a)
An operator may satisfy the requirements of this
Subpart by establishing
a trust fund which conforms to
the requirements
of this Section’ and submitting an
original signed duplicate
of the trust agreement to the
Agency.
b)
The trustee shall be an entity which has the authority
to act as a trustee and:
1)
Whose trust operations are examined by the
Illinois Commissioner
of Banks and Trust Companies
pursuant to the Illinois Banking Act
(Ill.
Rev.
Stat.
1989,
oh.
17, pars.
301 et seq.);
or
2)
Who complies with the Corporate FiduciaryAct
(Ill.
Rev.
Stat.
1989,
ch.
17, pars.
1551—1 et
seq.)
c)
The trust agreement must be on the forms specified
in
Appendix A,
Illustration
A, and the trust agreement
must be accompanied by
a formal certification of
acknowledgment,
on the form specified in Appendix A,
Illustration B.
ci)
Payments into the trust:
1)
The operator shall make
a payment into the trust
fund each year during the pay-in period.
2)
The pay-in period is the number of years remaining
until the assumed closure date.
3)
Annual payments are determined by the following
formula:
Annual payment
=
(CE-CV)/Y
where:
CE
=
Current cost estimate
112—275
94
CV
=
Current value of the trust fund
Y
=
Number of years remaining in the pay in
period.
4)
The
operator
shall
make
the
first
annual
payment
prior to the initial receipt of waste for
disposal.
The operator shall also, prior to such
initial receipt of waste,
submit to the Agency a
receipt from the trustee for the first annual
payment.
5)
Subsequent annual payments must be made no later
than 30 days after each anniversary of the first
payment.
6)
The operator may accelerate payments into the
trust fund,
or may deposit the full amount of the
current cost estimate at the time the fund is
established.
7)
An operator required to provide additional
financial assurance for an increase
in the cost
estimate because of an amendment to this
Subchapter may provide such additional financial
assurance pursuant to this subsection.
The
operator may provide the increase by contributing
to a new or existing trust fund pursuant to this
Section.
Subsection
(ci) (2) notwithstanding, the
pay-in period for such additional financial
assurance shall be not less than three years.
e)
The trustee shall evaluate the trust fund annually, as
of the day the trust was created or on such earlier
date as may be provided in the agreement.
The trustee
shall notify the operator and the Agency of the value
within 30 days after the evaluation date.
f)
Release of excess funds:
1)
If the value of the financial assurance is greater
than the total amount of the current cost
estimate, the operator may submit a written
request to the Agency for a release of the amount
in excess of the current cost estimate.
2)
Within 60 days after receiving a request from the
operator for a release of funds, the Agency shall
instruct the trustee to the operator such funds as
the Agency specifies in writing to be in excess of
the
current
cost
estimate.
112-226
95
g)
Reimbursement
for
closure
and
postclosure
care
expenses:
1)
After initiating closure,
an operator,
or any
other person authorized to perform closure or
postclosure care, may request reimbursement for
closure or postclosure care expenditures, by
submitting itemized bills to the Agency.
2)
Within
60 days after receiving the itemized bills
for closure or postclosure care activities, the
Agency shall determine whether the expenditures
are
in accordance with the closure or post.closure
care plan.
The Agency shall instruct the trustee
to make reimbursement
in such amounts as the
Agency specifies in writing as expenditures
in
accordance with the closure or postclosure care
plan.
3)
If the Agency determines,
based on such
information as
is available to
it,
that the cost
of closure and postclosure care will be greater
than the value of the trust fund,
it shall
withhold reimbursement of such amounts as it
determines are necessary to preserve the in order
to accomplish closure and postclosure care until
it determines that the operator
is no longer
required to maintain financial assurance for
closure and postclosure care.
In the event the
fund is inadequate to pay all claims,
the Agency
shall pay claims according to the following
priorities:
A)
Persons with whom the Agency has contracted
to perform closure or postclosure care
activities
(first priority);
B)
Persons who have completed closure or
postclosure care authorized by the Agency
(second priority);
C)
Persons who have completed work which
furthered the closure or postclosure care
(third priority);
D)
The operator and relatedbusiness
entities
(last priority)
Section 811.711
Surety Bond Guaranteeing Payment
a)
An operator may satisfy the requirements
of this
Subpart by
obtaining
a
surety
bond
which
conforms to
112—227
96
the requirements of this Section and submitting the
bond to the Agency.
b)
The surety company issuing the bond shall be licensed
by the Illinois Department of Insurance pursuant to the
Illinois Insurance Code
(Ill..
Rev.
Stat.
1989,
ch.
73,
pars.
613 et seq.).
c)
The surety bond must be on the forms specified in
Appendix A, Illustration C, D or H.
d)
Any payments made under the bond will be placed in the
landfill closure and postclosure fund within the State
Treasury.
e)
Conditions:
1)
The bond must guarantee that the operator will
provide closure and postclosure care in accordance
with the approved closure and postclosure care
plans.
2)
The surety will become liable on the bond
obligation when, during the term of the bond,
the
operator fails to perform as guaranteed by the
bond.
The operator fails to perform when the
operator:
A)
Abandons the site;
B)
Is
adjudicated
bankrupt;
C)
Fails to initiate closure of the site or
postclosure care when ordered to do so by the
Board pursuant to Title VII of the Act,
or
when ordered to do so by a court of competent
jurisdiction;
or
D)
Notifies the Agency that it has initiated
closure,
or
initiates
closure,
but
fails
to
close the site or provide postclosure care in
accordance with the closure and postclosure
care plans.
f)
Penal sum:
1)
The penal sum of the bond must be in an amount at
least equal to the current cost estimate.
2)
The Agency shall approve a reduction in the penal
sum whenever the current cost estimate decreases.
g)
Term:
112—2 28
97
1)
The bond must be issued for a term of at least
five years and must not be cancelable during that
term.
2)
If
the
operator
fails
to
provide
substitute
financial assurance prior to expiration
of a bond,
the term of the bond must be automatically
extended for one twelve-month period starting with
the date of expiration of the bond.
During such
extension the bond will cease to serve as
financial assurance satisfying the requirements
of
this Part,
and will not excuse the operator from
the duty to provide substitute financial
assurance.
h)
Cure of default and refunds:
1)
The Agency shall release the surety
if, after the
surety becomes liable on the bond,
the operator or
another person provides financial assurance for
closure and postclosure care of the site,
unless
the Agency determines that the closure or
postclosure care plan or the amount of substituted
financial assurance
is inadequate to provide
closure and postclosure care
in compliance with
this Part.
2)
After closure and postclosure care have been
completed
in accordance with the plans
arid
requirements of this Part,
the Agency shall refund
any unspent money which was paid to the Agency by
the surety.
Section 811.712
Surety Bond Guaranteeing Performance
a)
An operator may satisfy the requirements of this
Subpart by obtaining
a surety bond which conforms to
the requirements of this Section and submitting the
bond to the Agency.
b)
The surety company issuing the bond shall be licensed
by the Illinois Department
of Insurance pursuant to the
Illinois Insurance Code.
c)
The surety bond must be on the forms as specified
in
Appendix A,
Illustration
C, D or
H.
d)
Any payments made under the bond will be placed
in the
landfill closure and postclosure fund within the State
Treasury.
I 12—229
98
e)
Conditions:
1)
The bond must guarantee that the operator will
provide closure and postclosure care in accordance
with the closure and postclosure care plans
in the
permit.
The surety shall have the option of
providing closure and postclosure care in
accordance with the closure and postclosure care
plans,
or of paying the penal sum.
2)
The surety will become liable on the bond
obligation when,
during the term of the bond, the
operator fails to perform as guaranteed by the
bond.
The operator fails to perform when the
operator:
A)
Abandons the site;
B)
Is
adjudicated
bankrupt;
C)
Fails to initiate closure of the site or
postclosure care when ordered to do so by the
Board
pursuant
to
Title
VII
of
the
Act,
or
when ordered to do so by a court of competent
jurisdiction; or
D)
Notifies the Agency that it has initiated
closure,
or initiates closure, but fails to
close the site or provide postclosure care in
accordance with the closure and postclosure
care plans.
f)
Penal
sum:
1)
The penal sum of the bond must be in an amount at
least equal to the current cost estimate.
2)
The Agency shall approve a reduction in the penal
sum whenever the current cost estimate decreases.
g)
Term:
1)
The bond must be issued for a term of at least
five years and must not be cancelable during that
term.
2)
If the operator fails to provide substitute
financial assurance prior to expiration of a bond,
the term of the bond must be automatically
extended for one twelve-month period starting with
the date of expiration of the bond.
During such
extension, the bond will cease to serve as
112—230
99
financial assurance satisfying the requirements
of
this Part,
and will not excuse the operator from
the duty to provide substitute financial
assurance.
h)
Cure of default and refunds:
1)
The Agency shall release the surety
if, after the
surety becomes liable on the bond,
the operator or
another person provides financial assurance for
closure and postclosure care of the site,
unless
the Agency determines that the closure or
postclosure care plan or the amount of substituted
financial assurance is inadequate to provide
closure and postclosure care in compliance with
this Part.
2)
After closure and postclosure care have been
completed
in accordance with the closure and
postclosure care plans and the requirements
of
this Part, the Agency shall refund any unspent
money which was paid to the Agency by the surety.
i)
The surety will not be liable for deficiencies
in the
performance of closure by the operator after the Agency
releases the operator from the requirements
of this
Subpart.
Section 811.713
Letter of Credit
a)
An
operator
may
satisfy
the
requirements
of
this
Subpart by obtaining an irrevocable standby letter of
credit which conforms to the requirements of this
Section and submitting the letter to the Agency.
b)
The issuing institution shall be an entity which has
the authority to issue letters of credit and:
1)
Whose letter-of-credit operations are regulated by
the Illinois Commissioner of Banks and Trust
Companies;
or,
2)
Whose deposits are insured by the Federal Deposit
Insurance Corporation or the Federal Savings and
Loan Insurance Corporation.
c)
Forms:
1)
The letter of credit
must
be
on
the
forms
specified
in Appendix
A,
Illustration
E.
112—231
100
2)
The letter of credit must
be
accompanied
by
a
letter from the operator, referring to the letter
of credit by number,
issuing institution and date,
and providing the following information:
name and
address of the site and the amount of funds
assured for closure and postclosure care of the
site
by
the
letter
of
credit.
d)
Any
amounts
drawn
by
the
Agency
pursuant
to
the
letter
of credit will be deposited in the landfill closure and
postclosure
fund
within
the
State
Treasury.
e)
Conditions on which the Agency may draw on the letter
of credit:
1)
The Agency shall draw on the letter of credit
if
the operator fails to perform closure or
postclosure care in accordance with the closure
and postclosure care plans.
2)
The Agency shall draw on the letter of credit when
the operator:
A)
Abandons the site;
B)
Is adjudicated bankrupt;
C)
Fails to initiate closure
of the site or
postclosure care when ordered to do so by the
Board pursuant to Title VII of the Act,
or
when ordered to do so by a court of competent
jurisdiction;
or
D)
Notifies the Agency that it has initiated
closure,
or initiates closure, but fails to
provide closure and postclosure care in
accordance with the closure and postclosure
care plans.
f)
Amount:
1)
The letter of credit must be issued in an amount
at least equal to the current cost estimate.
2)
The Agency shall approve a reduction in the amount
whenever the current cost estimate decreases.
g)
Term;
1)
The letter of credit must be issued for a term of
at least five years and must be irrevocable during
that term.
112—232
101
2)
If the operator fails to substitute alternative
financial assurance prior to expiration of a
letter of credit,
the term of the letter of credit
must be automatically extended for one twelve—
month period starting with the date of expiration.
During such extension,
the letter of credit will
cease to serve as financial assurance satisfying
the requirements of this Part,
and will not excuse
the operator from the duty to provide substitute
financial assurance.
h)
Cure of default and refunds:
1)
The Agency shall release the financial institution
if,
after the Agency
is allowed to draw on the
letter of credit,
the operator or another person
provides
financial assurance for closure and
postclosure care of the site,
unless the Agency
determines that a plan or the amount of
substituted financial assurance
is inadequate to
provide closure and postclosure care as required
by this Part.
2)
After closure and postclosure care have been
completed
in accordance with the closure and
postclosure care plans and the requirements
of
this Part,
the Agency shall refund any unspent
money which was paid to the Agency by the
financial institution.
Section 811.714
Closure Insurance
a)
An operator
may satisfy the requirements
of this
Subpart by obtaining closure and postclosure care
insurance which bonforms to the requirements
of this
Section and submitting an executed duplicate original
of such insurance policy to the Agency.
b)
The insurer shall be licensed to transact the business
of insurance by the Illinois Department of Insurance
pursuant to the Illinois Insurance Code.
c)
The policy must be on forms approved by the Illinois
Department of Insurance.
ci)
Face amount:
1)
The closure and postclosure care insurance policy
must be issued for a
face amount at least equal to
the current cost estimate.
The term “face amount”
means the total
amount
the insurer
is obligated to
11.2—233
102
pay under the policy.
Actual payments by the
insurer will not change the face amount, although
the insurer’s future liability will be lowered by
the amount of the payments.
2)
The Agency shall approve a reduction in the amount
of the policy whenever the current cost estimate
decreases.
e)
The closure and postclosure care insurance policy must
guarantee that funds will be available to close the
site and to provide postclosure care thereafter.
The
policy must also guarantee that, once closure begins,
the’insurer will be responsible for paying out funds,
up to an amount equal to the face amount of the policy,
upon the direction ~f the Agency to such party or
parties as the Agency specifies.
The insurer will be
liable when:
1)
The operator abandons the site;
2)
The operator
is adjudicated bankrupt;
3)
The Board,
pursuant to Title VIII of the Act,
or a
court of competent jurisdiction orders the site
closed;
4)
The operator notifies the Agency that it is
initiating closure; or
5)
Any person initiates closure with approval of the
Agency.
f)
Reimbursement for closure and postclosure care
‘expenses:
1)
After initiating closure, an operator or any other
person authorized to perform closure or
postclosure care may request reimbursement for
closure and postclosure care expenditures by
submitting itemized bills to the Agency.
2)
Within 60 days after receiving bills for closure
or
postclosure
care activities, the Agency shall
determine
whether
the
expenditures
are
in
accordance with the closure or postclosure care
plan.
The Agency shall direct the insurer to make
reimbursement
in such amounts as the Agency
specifies in writing as expenditures
in accordance
with the closure and postclosure care plans.
112—234
103
3)
If the Agency determines based on such information
as
is available to
it that the cost of closure and
postclosure care will be greater than the face
amount of the policy,
it shall withhold
reimbursement of such amounts as it deems prudent
until it determines that the operator
is no longer
required to maintain financial assurance.
In the
event the face amount of the policy is inadequate
to pay all claims, the Agency shall pay claims
according to the following priorities:
A)
Persons with whom the Agency has contracted
to perform closure or postclosure care
activities
(first priority);
B)
Persons who have completed closure
or
postclosure care authorized by the Agency
(second priority);
C)
Persons who have completed work which
furthered the closure
or postclosure care
(third priority);
D)
The operator and related business entities
(last priority).
g)
Cancellation:
1)
The operator shall maintain the policy in full
force and effect until the Agency releases the
insurer pursuant to Section 811.702.
2)
The policy must provide that the insurer may not
cancel, terminate or fail to renew the policy,
except
for failure to pay the premium.
The
automatic renewal
of the policy must,
at a
minimum, provide the insured with the option of
renewal at the face amount of the expiring policy.
If there is a failure to pay the premium, the
insurer may elect to cancel,
terminate or fail to
renew the policy by sending notice by certified
mail to the operator and the Agency.
Cancellation,
termination or failure to renew may
not occur,
however, during the 120 days beginning
with the date
of receipt
of the notice by both the
Agency and the operator,
as evidenced by the
return receipts.
Cancellation, termination or
failure to renew may not occur and the policy will
remain in full
force and effect
in the
event
that
on or before the date of expiration the premium
due is paid.
ii
2--235
104
h)
Each policy must contain a provision allowing
assignment
of
the
po1icy
to
a
successor
operator.
Such
assignment may be conditional upon consent of the
insurer, provided such consent is not unreasonably
refused.
Section 811.715
Self—Insurance for Non—commercial Sites
a)
Definitions.
The following definitions are intended to
assist in the understanding of this Part and are not
intended to limit the meanings of terms
in any way that
conflicts with generally accepted accounting
principles:
“Assets” means all existing and all probable
future economic benefits obtained or controlled by
a particular entity.
“Current assets” means cash or other assets or
resources commonly identified as those which are
reasonably expected to be realized
in cash or sold
or consumed during the normal operating cycle of
the business.
“Current liabilities” means obligations whose
liquidation is reasonably expected to require the
use of existing resources properly classifiable as
current assets or the creation of other current
liabilities.
“Generally accepted accounting principles” means
Accounting Standards,
General Standards,
incorporated by reference at
35
Ill. Adm Code
810. 104.
“Gross Revenue” means total receipts less returns
and allowances.
“Independently audited” refers to an audit
performed by an independent certified public
accountant in accordance with generally accepted
auditing
standards.
“Liabilities” means probable future sacrifices of
economic benefits arising from present obligations
to transfer assets or provide services to other
entities in the future as a result of past
transactions or events.
“Net working capital” means current assets minus
current liabilities.
112—236
105
“Net worth” means total assets minus total
liabilities and is equivalent to owner’s equity.
“Tangible net worth” means tangible assets less
liabilities;
tangible assets do not include
intangibles such as goodwill and rights to patents
or royalties.
b)
Information to be Filed
An operator may satisfy the financial assurance
requirements of this Part by providing the following:
1)
Bond without surety promising to pay the cost
estimate
(subsection
(c)).
2)
Proof that the operator meets the gross revenue
test
(subsection
Cd)).
3)
Proof that the operator meets the financial test
(subsection
(e)).
c)
Bond Without Surety.
An operator utilizing self-
insurance shall provide a bond without surety on the
forms specified in Appendix A,
Illustration
G.
The
operator shall promise to pay the current cost estimate
to the Agency unless
the
operator provides closure and
postclosure care
in accordance with the closure and
postclosure care plans.
d)
Gross Revenue Test.
The operator shall demonstrate
that less than one—half of its gross revenues are
derived from waste disposal operations.
Revenue
is
“from waste disposal operations”
if
it would stop upon
cessation of the operator’s waste disposal operations.
e)
Financial Test
1)
To pass the financial test,
the operator shall
meet the criteria of either subsection
(e) (1) (A)
or
(e) (1) (B):
A)
The operator shall have:
i)
Two of the following three ratios:
a
ratio of total
liabilities to net worth
of
less than 2.0;
a ratio of the sum of
net income plus depreciation, depletion
and amortization to total liabilities of
greater than 0.1;
or
a ratio
of current
assets to current liabilities of greater
than
1.5; and
112—237
106
ii)
Net working capital and tangible net
worth each at least six times the
current cost estimate; and
iii) Tangible net worth of at least $10
million; and
iv)
Assets
in th? United States amounting to
at least 90 percent of the operator’s
total assets and at least six times the
current
cost
estimate.
B)
The
operator
shall
have:
i)
A current rating of AAA, AA, A or BBB
for
its
most
recent
bond
issuance
as
issued by Standard and Poor,
or a rating
of Aaa,
Aa, A or Baa,
as
issued by
Moody; and
ii
Tangible net worth at least six times
the current cost estimate; and
iii)
Tangible net worth of at least $10
million; and
iv)
Assets located
in the United States
amounting to at least 90 percent of its
total assets or at least six times the
current cost estimate.
2)
To demonstrate that
it meets this test,
the
operator shall submit the following items to the
Agency:
A)
A letter signed by the operator’s chief
financial officer and worded as specified in
Appendix A,
Illustration I; and
B)
A copy
of the independent certified public
accountant’s report on examination of the
operator’s financial statements for the
latest completed fiscal year; and
C)
A special report from the operator’s
independent certified public accountant to
the operator stating that:
i)
The accountant has compared the data
which the letter from the chief
financial
officer
specifies
as
having
112-238
107
been derived from the independently
audited, year—end financial statements
for the latest fiscal year with the
amounts
in such financial statements;
and
ii)
In connection with that procedure,
no
matters came to the accountant’s
attention which caused the accountant to
believe that the specified data should
be adjusted.
f)
Updated Information.
1)
After the initial submission of items specified in
subsections
(d)
and
(e), the operator shall send
updated information to the Agency within 90 days
after the close of each succeeding fiscal year.
2)
If the operator no longer meets the requirements
of subsections
(d)
and
(e),
the operator shall
send notice to the Agency of intent to establish
alternative financial assurance.
The notice must
be sent by certified mail within 90 days after the
end of the fiscal year for which the year—end
financial data show that the operator no longer
meets the requirements.
g)
Qualified Opinions.
If the opinion required by
subsections
(e) (2) (B) and
(e) (2) (C)
includes an adverse
opinion or
a disclaimer
of opinion, the Agency shall
disallow the use of self-insurance.
If the opinion
includes other qualifications,
the Agency shall
disallow the use of self-insurance
if:
1)
The qualifications relate to the numbers which are
used
in the gross revenue test or the financial
test;
and,
2)
In light of the qualifications, the operator has
failed to demonstrate that
it
meets the gross
revenue test or financial test.
h)
Parent Corporation.
An operator may satisfy the
financial assurance requirements
of this Part by
demonstrating that
a corporation which owns an interest
in the operator meets the gross revenue and financial
tests.
The operator shall also provide a bond with the
parent as surety
(Appendix
A,
Illustration
H)
1
12—23~~
108
Section 811.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
TRUST AGREEMENT
Trust Fund Number_________________
Trust Agreement, the “Agreement,” entered into as of the
day of
________________,
by and between
__________________
the “Grantor,” and ____________________________________
______________________
the “Trustee.”
Whereas,
Section 21.1 of the Environmental Protection Act,
“Act”,
prohibits any person from conducting any waste disposal operatior
unless such person has posted with the Illinois Environmental
Protection Agency,
“IEPA”,
a performance bond or other security
for the purpose of insuring closure of the site and postclosure
care in accordance with the Act and Illinois Pollution Control
Board,
“IPCB”, rules.
Whereas, the IPCB has established certain regulations applicable
to the Grantor, requiring that an operator of a waste disposal
site provide assurance that funds will be available when needed
for closure and/or postclosure care of the site.
Whereas, the Grantor has elected to establish a trust to provide
all or part of such financial assurance for the sites identified
in
this
agreement.
Whereas,
the Grantor, acting through its duly authorized
officers, has selected the Trustee to be the trustee under this
agreement,
and the Trustee
is willing to act as trustee.
Whereas, Trustee is an entity which has authority to act as a
trustee and whose trust operations are regulated by the Illinois
Commissioner of Banks
& Trust Companies or who complies with the
Corporate Fiduciary Act
(Ill. Rev.
Stat.
1987,
ch.
17,
par.
1551-1 et seq.)
(Line through any condition which does not
apply.)
Now, Therefore, the Grantor and the Trustee agree as follows:
Section
1.
Definitions.
As used in this Agreement:
a)
The term “Grantor” means the operator who enters into this
Agreement and any successors or assigns of the operator.
b)
The term “Trustee” means the Trustee who enters into this
Agreement and any successor Trustee.
Section
2.
Identification of Sites and Cost Estimates.
This
Agreement pertains to the sites and cost estimates identified on
112—240
109
attached Schedule A
(on Schedule
A,
list the name and address and
initial cost estimate of each site for which financial assurance
is demonstrated by this agreement)
Section
3.
Establishment of Fund.
The Grantor and the
Trustee hereby establish a trust fund, the “Fund,” for the
benefit of the IEPA.
The Grantor and the Trustee intend that no
other third party have access to the Fund except as provided in
this agreement.
The Fund is established initially as consisting
of the property, which
is acceptable to the Trustee, described
in
Schedule B attached to this agreement.
Such property and any
other property subsequently transferred to the Trustee is
referred to as the Fund,
together with all earnings and profits
on the Fund,
less any payments or distributions made by the
Trustee pursuant to this agreement.
The Fund shall be held by
the Trustee,
in trust,
as provided
in
this
agreement.
The
Trustee shall not be responsible nor shall
it undertake any
responsibility for the amount or adequacy of, nor any duty to
collect from the Grantor, any payments necessary to discharge any
liabilities of the Grantor.
Section
4.
Payment for Closure and Postclosure Care.
The
Trustee shall make payments from the Fund as the IEPA shall
direct,
in writing, to provide for the payment of the costs of
closure and/or postclosure care of the sites covered by this
agreement.
The Trustee shall reimburse the Grantor or other
persons as specified by the IEPA from the Fund for closure and
postclosure expenditures
in such amounts as the IEPA shall direct
in writing.
In addition,
the Trustee shall refund to the Grantor
such amounts as the IEPA specifies
in writing.
Upon refund,
such
funds shall no longer constitute part of the Fund.
Section
5.
Payments Comprising the Fund.
Payments made to
the Trustee for the Fund shall consist of cash or securities
acceptable to the Trustee.
Section
6.
Trust Management.
The Trustee shall invest and
reinvest the principal and income of the Fund and keep the Fund
invested as a single fund, without distinction between principal
and income,
in accordance with general investment policies and
guidelines which the Grantor nay communicate
in writing to the
Trustee from time to time,
subject, however,
to the provisions of
this Section.
In investing,
reinvesting,
exchanging,
selling and
managing the Fund, the Trustee shall discharge his duties with
respect to the trust fund solely
in the interest of the
beneficiary and with the care,
skill, prudence and diligence
under the circumstances then prevailing which persons of
prudence,
acting
in
a like capacity and familiar with such
matters, would use
in the conduct of
an enterprise of
a like
character and with like aims;
except that:
1.1 2—2!~
I
110
a)
Securities or other obligations of the Grantor,
or any other
owner or operator of the site, or any of their affiliates as
defined in the Section BOa-2(a)
of the Investment Company
Act of 1940,
as amended
(15 U.S.C.
80a—2(a)) shall not be
acquired or held, unless they are securities or other
obligations of the Federal government or the State of
Illinois;
b)
The Trustee is authorized to invest the Fund in time or
demand deposits of the Trustee, to the extent insured by the
Federal Deposit Insurance Corporation.
C)
The Trustee is authorized to hold cash awaiting investment
or distribution uninvested for a reasonable time and without
liability for the payment of interest thereon.
Section 7.
Commingling and Investment.
The Trustee is
expressly
authorized
in
its
discretion:
a)
To transfer from time to time any or all of the assets of
the Fund to any common, commingled or collective trust fund
created by the Trustee
in which the Fund is eligible to
participate, subject to all of the provisions thereof, to be
commingled with the assets of other trusts participating
therein;
and
b)
To purchase shares
in any investment company registered
under the Investment Company Act of 1940
(15 U.S.C.
80a—1 et
seq.)
including one which may be created, managed,
underwritten or to which investment advice is rendered or
the shares of which are sold by the Trustee.
The Trustee
may vote such shares in its discretion.
Section
8.
Express Powers of Trustee.
Without in any way
limiting the powers and discretions conferred upon the Trustee by
the other provisions of this agreement or by law, the Trustee is
expressly authorized and empowered:
a)
To sell,
exchange,
convey,
transfer or otherwise dispose of
any property held by it,
by public or private sale.
No
person dealing with the Trustee shall
be bound to see to the
application of the purchase money or to inquire into the
validity or expedience of any such sale or other
disposition;
b)
To make, execute, acknowledge and deliver any and all
documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry
out the powers granted in this agreement;
c)
To register any securities held in the Fund in its own name
or in the name of a nominee and to hold any security in
112—242
111
bearer form or in book entry,
or to combine certificates
representing such securities with certificates of the same
issue held by the Trustee in other fiduciary capacities,
or
to deposit or arrange for the deposit of such securities
in
a qualified central depositary even though, when so
deposited,
such securities may be merged and held in bulk in
the name of the nominee of such depositary with other
securities deposited therein by another person,
or to
deposit or arrange for the deposit of any securities issued
by the United States Government,
or any agency or
instrumentality thereof, with a Federal Reserve Bank,
but
the books and records
of the Trustee shall
at all times show
that all such securities are part of the Fund.
d)
To deposit any cash in the Fund
in interest—bearing accounts
maintained or savings certificates issued by the Trustee,
in
its separate corporate capacity,
or
in any other banking
institution affiliated with the Trustee,
to the extent
insured by the Federal Deposit Insurance Corporation;
and
e)
To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section
9.
Taxes and Expenses.
All taxes of any kind that
may be assessed or levied against or in respect of the Fund and
all brokerage commissions incurred by the Fund shall be paid from
the Fund.
All other expenses incurred by the Trustee, to the
extent not paid directly by the Grantor,
and all other proper
charges and disbursements of the Trustee shall be paid from the
Fund.
Section 10.
Annual
Valuation.
The Trustee shall annually
furnish to the Grantor and to the IEPA
a statement confirming the
value of the Trust.
The evaluation day shall be each year on the
_______
day of
__________________
.
Any securities
in the Fund
shall valued at market value as of the evaluation day.
The
Trustee shall mail the evaluation statement to the Grantor and
the IEPA within
30 days after the evaluation day.
The failure of
the Grantor to object in writing to the Trustee within 90 days
after the statement has been furnished to the Grantor and the
IEPA shall constitute
a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or
liability against the Trustee with respect to matters disclosed
in the statement.
Section
11.
Advice of counsel.
The Trustee may from time to
time consult with counsel, who may be counsel to the Grantor,
with respect to any question arising as to the construction of
this agreement
or any action to be taken hereunder.
The Trustee
shall
be fully protected,
to the extent permitted by law,
in
acting upon the advice of counsel.
Il2—2L~3
112
Section 12.
Trustee Compensation.
The Trustee shall be
entitled to reasonable compensation for its services as agreed
upon in writing from time to time with the Grantor.
Section 13.
Successor Trustee.
The Trustee may resign or the
Grantor may replace the Trustee,
but such resignation or
replacement shall not be effective until the Grantor has
appointed
a
successor
trustee
and
the
successor
accepts
the
appointment.
The successor trustee shall have the same powers
and duties as those conferred upon the Trustee hereunder.
Upon
the successor trustee’s acceptance of the appointment, the
Trustee shall assign, transfer and pay over to the successor
trustee the funds and properties then constituting the Fund.
If
for any reason the Grantor cannot or does not act in the event of
the
resignation
of
the
Trustee,
the
Trustee
may
apply
to
a
court
of competent jurisdiction for the appointment of a successor
trustee or for instructions.
The successor trustee shall specify
the date on which
it assumes administration of the trust in
a
writing sent to the Grantor,
the IEPA and the present Trustee by
certified mail ten days before such change becomes effective.
Any expenses incurred by
the Trustee as a result of any of the
acts contemplated by this Section shall be paid as provided in
Section
9.
Section
14.
Instructions
to
the
Trustee.
All
orders,
requests
and instructions by the Grantor to the Trustee shall
be
in
writing,
signed by such persons as are designated in the attached
Exhibit
A
or
such
other
designees
as
the
Grantor
may
designate
by
amendment to Exhibit A.
The Trustee shall be fully protected in
acting without inquiry
in accordance with the Grantor’s orders,
requests and instructions.
All orders, requests and instructions
by the IEPA to the Trustee shall be in writing, signed by the
IEPA Director or his designees,
and the Trustee shall act and
shall be fully protected in acting in accordance with such
orders, requests and instructions.
The Trustee shall have the
right to assume,
in the absence
of written notice to the
contrary, that no event constituting
a change or a termination of
the
authority of any person to act on behalf of the Grantor or
IEPA hereunder has occurred.
The Trustee shall have no duty to
act in the absence of such orders,
requests and instructions
from
the
Grantor
and/or
IEPA,
except
as
provided
in
this
agreement.
Section
15.
Notice
of
Nonpayment.
The
Trustee
shall
notify
the
Grantor
and
the
IEPA,
by
certified
mail within ten days
following the expiration of the 30-day period after the
anniversary of the establishment of the Trust,
if no payment is
received from the Grantor during that period.
After the pay-in
period is completed,
the
Trustee shall not be required to send a
notice of nonpayment.
Section
16.
Amendment of Agreement.
This Agreement may be
amended by an instrument
in writing executed by the Grantor, the
112—244
113
Trustee and the IEPA Director,
or by the Trustee and the IEPA
Director
if the Grantor ceases to exist.
Section 17.
Irrevocability and Termination.
Subject to the
right
of the parties to amend this Agreement as provided in
Section 16, this Trust shall be irrevocable and shall continue
until terminated at the written agreement of the Grantor,
the
Trustee and the IEPA Director,
or by the Trustee and the IEPA,
if
the Grantor ceases to exist.
Upon termination of the Trust,
all
remaining trust property,
less final trust administration
expenses,
shall
be delivered to the Grantor.
Section
18.
Immunity and Indemnification.
The Trustee shall
not incur personal liability of any nature
in connection with any
act or omission, made in good faith,
in
the
administration
of
this Trust,
or in carrying out any directions by the Grantor or
the IEPA Director issued
in accordance with this Agreement.
The
Trustee shall be indemnified and saved harmless by the Grantor or
from the Trust Fund,
or both,
from and against any personal
liability to which the Trustee may be subjected by reason of any
act or conduct in its official capacity,
including all expenses
reasonably
incurred
in its defense
in the event the Grantor fails
to provide such defense.
Section 19.
Choice
of
Law.
This Agreement shall be
administered, construed and enforced according to the laws of the
State of Illinois.
Section 20.
Interpretation.
As used
in this Agreement,
words
in the singular include the plural and words
in the plural
include the singular.
The descriptive headings for each Section
of this Agreement shall not affect the interpretation or the
legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the
date first above written.
112—245
114
Attest:
Signature of Grantor____
Typed
Name________________
Title_____________________
Seal
Attest:
Signature of Trustee_____
Typed Name_______________
Title_____________________
Seal
112—246
115
Section 81l.Appendix A
Financial Assurance Forms
Illustration
B
Certificate of Acknowledgment
CERTIFICATE OF ACKNOWLEDGMENT
State of
_______________________)
)SS
County of
____________________
On this
_____
day of
________________,
______
before me
personally came
______________________
(operator)
to me known,
who, being by meduly
sworn, did depose and say that she/he
resides at
(address),
that she/he is
(title)
of
_______________________________________
(corporation),
the
corporation described
in and which executed the above instrument;
that she/he knows the seal of said corporation; that the seal
affixed to such instrument
is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation,
and that she/he signed her/his name thereto by like order.
______________________________ Notary Public
My Commission Expires
_____________________
112—247
116
Section Bll.Appendix A
Financial Assurance Forms
Illustration C
Forfeiture Bond
FORFEITURE BOND
Date bond executed:
______________________________
Effective date: _______________________________
Principal: _____________________________________
Type of organization: __________________________
State
of
incorporation:
__________________________
Surety:
Sites:
Name
Address
City
Amount guaranteed by this bond:
$
_________________________
Name
Address
City
Amount guaranteed by this bond:
$
_________________________
Please attach
a separate page if more space is needed for all
sites.
Total penal sum of bond:
$
_________________________________
Surety’s bond number: _______________________________________
The Principal and the Surety promise to pay the Illinois
Environmental Protection Agency
(“IEPA”)
the above penal sum
unless
the
Principal
provides
closure
and
postclosure
care
for
each site in accordance with the closure and postclosure care
plans for that site.
To the payment of this obligation the
Principal and Surety jointly and severally bind themselves,
their
heirs, executors,
administrators,
successors and assigns.
Whereas the Principal
is required, under Section 21(d)
of the
Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2,
112—248
117
par.
1021(d))
to have a permit to conduct a waste disposal
operation;
Whereas the Principal is required,
under Section 21.1 of the
Environmental Protection Act to provide financial assurance for
closure and postclosure care; and
Whereas the Surety
is licensed
by the Illinois Department of
Insurance;
Whereas the Principal and Surety agree that this bond shall be
governed by the laws of the State of Illinois;
The Surety shall pay the penal sum to the IEPA
if, during the
term of the bond, the Principal fails to provide closure and
postclosure care for any site
in accordance with the closure and
postclosure care plans for that site as guaranteed by this bond.
The Principal fails
to so provide when the Principal:
a)
Abandons
the
site;
b)
Is adjudicated bankrupt;
c)
Fails to initiate closure of the site or postclosure
care when ordered to do so by the Board or a court of
competent jurisdiction; or
ci)
Notifies the Agency that
it has initiated closure,
or
initiates closure, but fails to close the site or
provide postclosure care in accordance with the closure
and postclosure care plans.
The Surety shall pay the penal sum of the bond to the IEPA within
30 days after the IEPA mails notice to the Surety that the
Principal has failed to so provide closure and postclosure care.
Payment shall be made by check or draft payable to the State of
Illinois,
Landfill Closure and Postclosure Fund.
The liability of the Surety shall not be discharged by any
payment or succession of payments unless and until such payment
or payments shall amount
in the aggregate to the penal sum of the
bond.
In no event shall the obligation of the Surety exceed the
amount of the penal sum.
This bond shall expire on the
_____
day of
___________,
_____
provided, however, that
if the Principal fails to provide
substitute financial assurance prior ‘to the expiration date,
and
the IEPA mails notice of such failure to the Surety within 30
days after such date, the term of this bond shall
be
automatically extended for one twelve—month period starting with
the date of expiration
of the bond.
1 i2—24~
118
The Principal may terminate this bond by sending written notice
to the Surety; provided, however, that no such notice shall
become effective until the Surety receives written authorization
for termination of the bond from the IEPA.
In Witness Whereof, the Principal and Surety have executed this
Forfeiture Bond and have affixed their seals on the date set
forth above.
The persons whose signatures appear below certify that they are
authorized
to
execute
this
surety
bond
on
behalf
of
the
Principal
and Surety.
Principal Corporate Surety
_______________________
Signature Name
Typed Name
Address
Title
State of Incorporation ____________________________
Date
Signature
Typed
Name
Title
Corporate
seal
Corporate
seal
Bond premium:
$
_______
112—250
119
Section 8l1.Appendix A
Financial Assurance Forms
Illustration D
Performance Bond
PERFORMANCE BOND
Date bond executed:
______________________________
Effective date: ________________________________
Principal: ________________________________________
Type of organization: ___________________________
State of incorporation: __________________________
Surety: ___________________________________________
Sites:
Name
Address ___________________________________________
City ____________________________________________
Amount guaranteed by this bond:
$
_____________
Name
Address _________________________________________
City
_______________________________________________
Amount guaranteed by this bond:
$
_____________
Please attach a separate page
if more space
is needed for all
sites.
Total penal sum of bond:
$
________________________________
Surety’s bond number: ______________________________________
The Principal and the Surety promise to pay the Illinois
Environmental Protection Agency
(“IEPA”)
the above penal sum
unless the Principal
or Surety provides closure and postclosure
care for each site in accordance with the closure and postclosure
care plans for that site.
To the payment of this obligation the
Principal and Surety jointly and severally bind themselves,
their
heirs,
executors,
administrators,
successors
and
assigns.
Whereas the Principal
is required,
under Section 21(d)
of the
Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2,
1. 12—251
120
par.
1021(d)) to have a permit to conduct a waste disposal
operation;
Whereas the Principal is required, under Section 21.1 of the
Environmental Protection Act,
to provide financial assurance for
closure and postclosure care; and
Whereas the Surety is licensed by the
Illinois Department of
Insurance;
Whereas the Principal and Surety agree that this bond shall be
governed by the laws of the State of Illinois;
The Surety shall pay the penal sum to the IEPA or provide closure
and postclosure care in accordance with the closure and
postclosure care plans for the site
if, during the term of the
bond,
the Principal fails to provide closure and postclosure care
for any site
in accordance with the closure and postclosure care
plans for that site as guaranteed by this bond.
The Principal
fails
to
so
provide
when
the
Principal:
a)
Abandons
the
site;
b)
Is adjudicated bankrupt;
c)
Fails
to
initiate
closure
of
the
site
or
postclosure
care when ordered to do so by the Board or a court of
competent jurisdiction;
or
ci)
Notifies the Agency that it has initiated closure, or
initiates closure, but fails to close the site or
provide
postclosure
care
in
accordance
with
the
closure
and
postclosure
care
plans.
The Surety shall pay the penal sum of the bond to the
IEPA or
notify the IEPA that
it intends to provide closure and
postclosure care in accordance with the closure and postclosure
care plans for the site within 30 days after the IEPA mails
notice to the Surety that the Principal has failed to so provide
closure and postclosure care.
Payment shall be made by check or
draft payable to the State of Illinois, Landfill Closure and
Postclosure
Fund.
If the Surety notifies the Agency that
it intends to provide
closure
and
postclosure
care,
then
the
Surety
must
initiate
closure
and
postclosure
care
within
60
days
after
the
IEPA
mailed
notice to the Surety that the Principal failed to provide closure
and postclosure care.
The Surety must complete closure and
postclosure care in accordance with the closure and postclosure
care
plans,
or
pay
the
penal
sum.
112—252
121
The liability of the Surety shall not be discharged by any
payment or succession
of payments unless and until such payment
or payments shall amount
in the aggregate to the penal sum of the
bond.
In’rio event shall the obligation of the Surety exceed the
amount of the penal sum.
This bond shall expire on the
______
day of
___________,
_____;
provided,
however,
that if the Principal fails to provide
substitute financial assurance prior to the expiration date,
and
the IEPA mails notice of such failure to the Surety within 30
days after such date, the term of this bond shall be
automatically extended for one twelve-month period starting with
the date of expiration
of the bond.
The Principal may terminate this bond by sending written notice
to the Surety;
provided, however,
that no such notice shall
become effective until the Surety receives written authorization
for termination of the bond from the IEPA.
In Witness Whereof,
the Principal and Surety have executed this
Forfeiture Bond and have affixed their seals on the date set
forth above.
The persons whose signatures appear below certify that they are
authorized to execute this surety bond on behalf
of the Principal
and Surety.
Principal Corporate Surety _______________________
Signature
Name
Typed Name
Address
Title
State of Incorporation ____________________________
Date Signature
Typed Name
Title
Corporate seal
Corporate seal
112—253
122
Bond premium:
$
____________________
112—254
123
Section
811.Appendix
A
Financial
Assurance
Forms
Illustration E
Irrevocable Standby
Letter
of Credit
IRREVOCABLE STANDBY LETTER OF CREDIT
Director
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
Dear Sir or Madam:
We have authority to issue letters of credit.
Our letter—of—
credit operations are regulated by the Illinois Commissioner of
Banks and Trusts or our deposits are insured by the Federal
Deposit Insurance Corporation.
(Omit language which does not
apply)
We hereby establish our Irrevocable Standby Letter of Credit No.
______________
in your favor,
at the request and for the account
of
_______________
____________________
up to the aggregate
amount of ________________________ U.
S. dollars
($
_________),
available upon presentation of
1.
your sight draft, bearing reference to this letter of
credit No.
_______________;
and,
2.
your
signed
statement
reading
as
follows:
“I
certify
that the amount of the draft is payable pursuant to
regulations issued under authority of the Environmental
Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2,
par.
1001 et seq.)
and 35
Ill. Adm. Code
811.713(e).
This letter of credit
is effective as of
__________________
and
shall expire on
__________________;
but,
such expiration date
shall
be automatically extended for one period of twelve months
starting with the expiration date if the operator fails to
substitute alternative financial assurance prior to the
expiration of this letter of credit and you notify us of such
failure within
30 days after the above expiration date.
Whenever this letter of credit
is drawn on under and in
compliance with the terms of this credit,
we shall duly honor
such draft upon presentation to us, and we shall deposit the
amount of the draft directly into the State of Illinois landfill
closure and postclosure fund in accordance with your
instructions.
This letter of credit
is governed by the Uniform Commercial
Code
(Ill.
Rev.
Stat.
1989,
ch.
26,
pars.
1—101
et seq.).
Signature
1.12—255
124
Typed
Name
____________________________
Title
Date
Name and address of issuing institution
This credit is subject to
________
112—256
125
Section 81l.Appendix A
Financial Assurance Forms
Illustration F
Certificate of Insurance for Closure and/or
Postclosure Care
CERTIFICATE OF INSURANCE FOR CLOSURE AND/OR POSTCLOSURE CARE
Name and Address of Insurer
(“Insurer”)
_______________________
Name and Address of Insured
(“Insured”)
_________________________
Sites Covered:
Name
Address
City
Amount insured for this site:
$
__________________________________
Name
Address
City
Amount
insured
for
this
site:
$
_______________________________
Please attach a separate page
if more space is needed for all
sites.
Face
Amount
Policy Number
Effective Date
The Insurer hereby certifies that
it is licensed to transact the
business of insurance by the Illinois Department of Insurance.
The insurer hereby certifies that it has issued to the Insured
the policy of insurance identified above to provide financial
assurance for closure and postclosure care for the sites
identified
above.
The Insurer further warrants that such policy
conforms
in all respects with the requirements of 35
Ill. Adm.
Code
811.714,
as applicable and as such regulations were
constituted on the date shown immediately
below.
It is agreed
112—257
126
that any provision of the policy inconsistent with such
regulations
is hereby amended to eliminate such inconsistency.
Name
(Authorized signature for Insurer)
_________________________
Typed Name
Title
Date
_______
112—258
127
Section 811.Appendix A
Financial Assurance Forms
Illustration G
Operator’s
Bond Without Surety
OPERATOR’S
BOND WITHOUT SURETY
Date bond executed:
Effective date:
Operator:
__________
Operator’ s address:
Site:
Site address:
Penal sum:
$
The operator promises to pay the penal sum to the Illinois
Environmental Protection Agency unless the Operator provides
closure and postclosure care of the site in accordance with the
closure and postclosure care plans for the site.
Operator ____________________________
Signature _________________________
Typed Name
______________________
Title ___________________________
Date _____________________________
Corporate seal
112—259
128
Section 8ll.Appendix A
Financial Assurance Forms
Illustration H
Operator’s Bond With Parent Surety
OPERATOR’S BOND WITH PARENT SURETY
Date bond executed:
____________________________________
Effective Date:
Surety:
Surety’s address: ____________________________________
Operator:
Operator’ s address: _______________________________________
Site:
Site address:
Penal
sum:
$
The Operator and Surety promise to pay the above penal sum to the
Illinois Environmental Protection Agency
(“IEPA”) unless the
Operator provides closure and postclosure care of the site
in
accordance with the closure and postclosure care plans for the
site.
To the payment of this obligation the Operator and Surety
jointly and severally bind themselves,
their heirs,
executors,
administrators,
successors and assigns.
Whereas the Operator
is required under the Environmental
Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
par.
1021(d))
to have
a permit to conduct a waste disposal operation; and
Whereas the Operator
is required under Section 21.1 of the
Environmental Protection Act to provide financial assurance for
closure and postclosure care; and
Whereas the Operator and Surety agree that this bond shall be
governed by the laws of the State
of Illinois;
and
Whereas the Surety is
a corporation which owns an interest in the
Operator;
The Surety shall pay the penal sum to the IEPA if, during the
term of the bond, the Operator fails to provide closure and
postclosure care for any site in accordance with
the closure and
postclosure care plans for that site as guaranteed by this bond.
The Operator fails to so provide when the Operator:
a)
Abandons the site;
112—2(~fl
129
b)
Is
adjudicated
bankrupt;
c)
Fails
to initiate closure of the site or postclosure
care when ordered to do so by the Board or
a court of
competent jurisdiction;
or
ci)
Notifies the Agency that it has initiated closure,
or
initiates closure,
but fails to close the site or
provide
postclosure
care
in
accordance
with
the
closure
and postclosure care plans.
The Surety shall pay the penal sum of the bond to
the
IEPA
within
30 days after the IEPA mails notice to the Surety that the
Operator has failed to
so provide closure and postclosure care.
Payment shall be made by check or draft payable to the State of
Illinois,
Landfill
Closure
and
Postclosure
Fund.
In Witness Whereof,
the Operator and Surety have executed this
bond and have affixed their
seals on the date set forth above.
The persons whose signatures appear below certify that they are
authorized to execute this surety bond on behalf
of the Operator
and Surety.
Operator
Surety
Signature
Name
Typed Name
Address
Title
State of Incorporation ____________________________
Date
Signature
Typed Name
Title
Corporate seal
Corporate seal
11 2—2(d
130
Section 81l.Appendix A
Financial Assurance Forms
Illustration
I
Letter From Chief Financial Officer
LETTER FROM CHIEF FINANCIAL OFFICER
Director
Illinois
Environmental
Protection
Agency
2200
Churchill
Road
Springfield,
Illinois
62706
Dear Sir or Madam:
I am the chief financial officer of
This letter is
in support
of this firm’s use of the gross revenue
test and financial test to demonstrate financial assurance
pursuant to 35
Ill. Adm. Code
811.715.
This letter
is to demonstrate financial assurance for the
following
sites:
Operator:
Name:
Address:
City:
Current cost estimate:
$
_________________________________________
Operator:
Name:
Address:
City:
Current cost estimate:
$
_________________________________________
Please attach
a separate page
if more space is needed for all
facilities.
Attached is an Operator’s Bond without Surety or an Operator’s
Bond with Parent Surety for the current cost estimate for each
site.
(Strike
inapplicable
language.)
Gross Revenue Test
1.
Gross revenue of the firm
$
___________________________
112—262
131
2.
Gross revenue from waste disposal operations
$
_____________
3.
Line
2
divided
by
line
3
________________________________
Financial
Test
Alternative
I
1.
Sum of current cost estimates
(total of all cost estimates
shown in paragraphs above)
$
_________________________________
2.
Total liabilities
(if
any
portion
of
the
cost
estimates
is
included
in total liabilities,
you may deduct the amount of
that portion from this line and add that amount to lines
3
and4)
$
3.
Tangible net worth
$
____________________________________
4.
Net worth
$
_____________________________________________
5.
Current assets
$
_________________________________________
6.
Current liabilities
$
____________________________________
7.
Net working capital
(line
5 minus line
6)
$
______________
8.
The sum of net income plus depreciation,
epletion,
and
amortization
$
________________________________________________
9.
Total assets
in U.S.
(required only
if
less
than
90
percent
of firm’s assets are located
in the U.S.
$
________________
Yes
No
10.
Is line
3
at least $10 million? _____________________________
11.
Is line
3
at least
6 times line
1? __________________________
12.
Is line
7 at least
6 times
line
1? __________________________
13.
Are at least
90 percent
of firm’s assets located
in the
U.S.?
If not, complete line 14. __________________________
14.
Is line
9
at least
6 times line 1? ________________________
15.
Is line
2 divided by line
4
less than 2.0?
_________________
16.
Is line 8 divided by line 2 greater than 0.1?
_____________
17.
Is line
5 divided by line
6 greater than 1.5?
_____________
Signature
I
12—263
132
Typed
Name
________________________
Title
____________________________
Date _______________________________
Financial Test
Alternative II
1.
Sum of current cost estimates
(total of all cost estimates
shown
in
paragraphs
above)
$
________________________________
2.
Current bond rating of most recent issuance
of this firm and name of rating service
_____________________
3.
Date of issuance of bond _________________________________
4.
Date
of
maturity
of
bond
______________________________
5.
Tangible net worth
(if any portion of the closure and
postclosure cost estimates is
included in “total
liabilities” on your firm’s financial statements,
you may
add the amount of that portion to this line)
$
___________
6.
Total assets in U.S.
(required only if less than 90 percent
of
firm’s assets are located in the U.S.)
$
_____________
Yes
No
7.
Is line
5 at least $10 million? __________________________
8.
Is line
5 at least 6 times line 1? ________________________
9.
Are at least 90
percent
of firm’s assets located in the
U.S.?
If not coxnplet~line 10. _________________________
10.
Is line
6 at least
6 times line 1? _________________________
Signature
Typed name
Title
Date
_______
112—264
133
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
i:
SOLID
WASTE
AND
SPECIAL
WASTE
HAULING
PART 812
INFORMATION
TO
BE
SUBMITTED
IN
A
PERMIT
APPLICATION
SUBPART
A:
GENERAL
INFORMATION
REQUIRED FOR ALL LANDFILLS
Scope and Applicability
Certification
by
Professional
Engineer
Application Fees
Required Signatures
Approval
by
Unit
of
Local
Government
Site Location
Map
Site Plan Map
Narrative
Description
of
the
Facility
Location
Standards
Surface Water Control
812.111
Daily Cover
Legal Description
Proof of Property Ownership and Certification
Closure Plans
Postclosure Care Plans
Closure and Postclosure Cost Estimates
SUBPART
B:
ADDITIONAL
INFORMATION
REQUIRED FOR INERT WASTE
LANDFI
LLS
Section
812.301
812.302
812.303
812.304
812.305
812.306
812.307
812.308
812.309
812.310
812.311
812.312
812.313
812. 314
CHEMICAL WASTE LANDFILLS
Scope and Applicability
Waste Analysis
Site Location
Waste Shredding
Foundation Analysis
and
Design
Design of the Liner System
Leachate Drainage
and Collection
Systems
Leachate Management System
Landfill
Gas
Monitoring
Systems
Gas Collection Systems
Landfill
Gas
Disposal
Intermediate
Cover
Design
of the Final
Cover
Syster.~
Description
of
the Hydrocjeology
Section
812.101
812.102
812.103
812.104
812. 105
812.106
812.107
812.108
812.109
812.110
812.112
812.113
812.114
812.115
812.116
Section
812.201
812.202
812.203
812.204
Scope and Applicability
Waste Stream Test Results
Final Cover
Closure Requirements
SUBPART
C:
ADDITIONAL
INFORMATION
REQUIRED FOR PUTRESCIBLE
AND
Ii
2—265
134
812.315
Plugging and Sealing of Drill Holes
812.316
Results of the Groundwater Impact Assessment
812.317
Groundwater Monitoring Program
812.318
Operating Plans
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22,
22.17 and
28.1,
and authorized by Section
27 of the Environmental
Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2,
pars.
1005,
1021,
1021.1,
1022,
1022.17, 1028.1 and 1027).
SOURCE:
Adopted in R88-7 at 14
Ill. Reg.
effective
NOTE:
Capitalization indicates statutory language.
SUBPART
A:
GENERAL INFORMATION REQUIRED FOR ALL LANDFILLS
Section 812.101
Scope and Applicability
a)
All persons,
except those specifically exempted by
Section 21(d)
of the Environmental Protection Act
(Act)
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2,
par. 1021(d)),
shall submit to the Agency an application for a permit
to develop and operate
a landfill.
The application
must contain the information required by this Subpart
and by Section 39(a)
of the Act.
b)
Subpart A contains general standards applicable to all
landfills.
Subpart B contains additional standards
applicable to landfills which accept only inert waste.
Subpart C contains additional standards applicable to
landfills which accept chemical and putrescible waste.
c)
All general provisions of
35
Ill. Adm.
Code
810
apply
to this Part.
Section 812.102
Certification by Professional Engineer
All designs shall
be prepared by,
or under the supervision of,
a
professional engineer.
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 812.103
Application Fees
The permit application must be accompanied by all filing fees
required pursuant to Section
5(f)
of the Act.
112— 266
135
Section 812.104
Required Signatures
a)
All permit applications shall contain the name,
address, and telephone number of
a duly authorized
agent of the operator and the property owner to whom
all inquiries and correspondence
shall be addressed.
b)
All permit applications shall be signed by a duly
authorized agent of the operator and the property
owner, shall be accompanied by an oath or affidavit
attesting to the agent’s authority to sign the
application and shall
be notarized.
The following per-
sons 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,
a
proprietor
or general partner,
respectively;
3)
For a municipality,
state,
federal or other public
agency, by the head of the agency or ranking
elected official.
Section 812.10.5
Approval by Unit of Local Government
The applicant shall
state whether the facility is
a new regional
pollution control
facility,
as defined
in Section 3.32
of
the
Act,
which
is subject
to the site location suitability approval
requirements of Sections 39(c)
and 39.2 of the Act.
If such
approval by a unit of local government
is required,
the
application shall identify the unit of local government with
jurisdiction.
The application shall contain any approval issued
by that unit of
local government.
If ‘no approval has been
granted, the application shall describe the status of the
approval request.
Section 812.106
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
7½
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
1000 meters
(3300
feet)
beyond the boundary of
the facility;
b)
All surface waters;
c)
The prevailing wind direction;
112-- 2 67
136
ci)
All rivers designated for protection under the Wild and
Scenic Rivers Act
(16 U.S.C.
1271 et seq.);
e)
The
limits of all 100—year floodplains;
f)
All natural areas designated as
a Dedicated Illinois
Nature Preserve pursuant to the Illinois Natural Areas
Preservation Act
(Ill.
Rev.
Stat.
1989,
ch.
105, par.
701 et seq.);
g)
All historic and archaeological sites designated by the
National Historic Preservation Act
(16 U.S.C.
470 et
seq.)
and the Illinois Historic Areas Preservation Act
(Ill.
Rev.
Stat.
1989
oh.
127,
par.
133d1 et
seq.);
h)
All areas identified as critical habitat pursuant to
the Endangered Species Act
(16 U.S.C.
1531 et seq.)
and
the Illinois Endangered Species Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
8, par.
331 et seq.); and
i)
All main service corridors,
transportation routes,
and
access roads to the facility.
Section 812.107
Site Plan Nap
The application shall contain maps,
including cross sectional
maps of the site boundaries,
showing the location of the facility
on
a
scale
no
smaller
than
one
inch
equals
200
feet
containing
a
two-foot
contour
interval.
The
following
information
shall
be
shown:
a)
The’entire permit area;
b)
The boundaries,
both above and below ground level,
of
the facility and all units included in the facility;
C)
Location of borrow areas;
d)
Boundaries of all areas
to be disturbed;
e)
The proposed phasing of the facility, including a
delineation of the approximate area to be disturbed
each year and areas expected to be closed each year in
compliance with 35111.
Adm.
Code 811.107(a);
f)
All roads
in and around the facility;
g)
Devices
for controlling access to the facility;
h)
Devices for controlling litter;
112—2 68
137
i)
Fire protection facilities;
and
j)
Utilities.
Section 812.108
Narrative Description of the Facility
The permit application shall 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
35
Ill. Adm.
Code 811 and any other applicable
Parts of
35
Ill. Adm.
Code:
Chapter
I.
Such descriptions shall
include, but not be ‘limited to the following information:
a)
The type of waste disposal units and the types of
wastes expected
in each unit;
b)
An estimate of the maximum capacity of each unit and
the rate at which waste
is to be placed;
c)
The manner
in
which
waste
will
be
placed
and
compacted
to comply with
35
Ill.
Adm.
Code 811.105;
ci)
The estimated unit weight
of the waste;
e)
The length of time each unit will receive waste;
f)
The design period to be used
for each unit;
g)
Size of the open face area,
including all information
showing that slopes steeper than two to one will be
stable and
in compliance with
35
Ill.
Adm.
Code
811.107(b);
h)
A description of how units will be developed to allow
contemporaneous closure and stabilization pursuant to
35
Ill.
Adm.
Code 811.110, 811.111,
811.204, 811.205
or
811.322;
i)
A description of all equipment to be used at the facil-
ity for complying with
35 Ill.
Adm.
Code
807.304;
j)
A litter control plan for complying
with
35
Ill. Adm.
Code 811.107(k);
k)
A salvaging plan including
a description of all salvage
facilities and a plan for complyin~with
35
Ill. Adm.
Code 811.108;
1)
A description of all utilities for operation in
compliance with 35 Ill.
Adrn.
Code
811.107(d);
ii 2—26~)
138
in)
A boundary control plan describing how the operator
will
comply
the
requirements
of
35
Ill.
Adm.
Code
811.109;
n)
A maintenance plan describing how the operator will
comply with 35 Ill.
Adm. Code 811.107(c)
and
(e);
o)
An air quality plan describing the methods to be used
to comply with the open burning requirements of
35 Ill.
Adm.
Code 811.107(f)
and for controlling dust in
compliance with 35
Ill. Adm.
Code 811.107(g);
p)
A noise control plan describing how the operator will
control
noise
in
compliance
with
35 Ill.
Adm. Code
811.107(h);
q)
An odor control plan;
r)
A vector control plan to comply with 35
Ill. Adm. Code
811.107(i);
s)
A firefighting and fire safety plan;
and
t)
A transportation plan that includes all existing and
planned roads
in the facility that will be used during
the operation of the landfill facility; the size and
type of such roads and the frequency with which they
will be used.
Section 812.109
Location Standards
The permit application shall contain:
a)
Documentation that the facility will operate
in
compliance with
35 Ill.
Adm. Code 811.102(a).
b)
A floodplain determination containing:
1)
Documentation that the facility is not located
within the floodplain of the 100-year flood event;
or
2)
Documentation that the facility meets the
requirements of 35
Ill. Adm. Code 811.102(b).
c)
Documentation from the State Historic Preservation
Officer that the facility will be in compliance with 35
Ill. Adm. Code 811.102(c).
d)
Documentation from the Illinois Nature Preserves
Commission
that
the
facility
will
be
in
compliance
with
112—270
139
811.102(c)
as
it relates to Dedicated Illinois Nature
Preserves.
e)
Documentation that the facility will be
in compliance
with 35 Ill.
Adm.
Code 811.102(d).
f)
Documentation that
a facility located within
a wetland
is
in compliance with Section 404 of the Clean Water
Act
(35 U.S.C.
1344).
g)
Documentation that the facility is
in compliance with
35111.
Adm.
Code 811.102(f).
Section 812.110
Surface Water Control
The permit application shall contain
a plan for controlling
surface water which demonstrates compliance with 35 Ill.
Adm.
Code 811.103, and which shall include at least the following:
a)
A copy of the approved National Pollutant Discharge
Elimination
System
(NPDES)
permit
or,
if
a
permit
is
pending,
a copy of the NPDES permit application to
discharge runoff from all disturbed areas;
b)
A map showing the location of all structures affected
by the surface water runoff from disturbed areas on the
facility;
c)
Detailed designs
of all structures to be constructed
during development of the facility and during the first
five year operating period; and
ci)
Estimated construction dates of all structures to be
constructed beyond the first five year operating
period.
Section 812.111
Daily Cover
The application shall contain
a description of the material to be
used as daily cover:
a)
A description of the soil to be used,
including
its
classification and approximate hydraulic conductivity;
or
b)
Documentation that any proposed alternative materials
or procedures to substitute for daily cover meet the
minimum requirements of
35
Ill. Adm.
Code 811.106(b).
112--271
140
Section 812.112
Legal Description
The permit application shall contain a legal description of the
facility boundary and the boundaries of all units included
in the
facility.
This legal description shall identify the nature and
location of all stakes and monuments required by Section 811.104
and shall be prepared by or under the supervision of
a
professional surveyor, who shall affix a professional seal to the
work.
Section 812.113
Proof of Property Ownership and Certification
The permit application shall contain a certificate of ownership
of the permit area or
a copy of the lease.
The lease shall
clearly specify that the owner authorizes the construction of a
waste disposal facility on the leased premises,
and the duration
of the lease will be at least as long as the design period of the
landfill.
Any prior conduct certifications issued to the owner
or operator shall be included
in the permit application.
The
owner and operator shall certify that the Agency will be notified
within seven days of any changes
in ownership or conditions in
the lease affecting the permit area.
Section 812.114
Closure Plans
The permit application shall contain a written closure plan which
contains,
at a minimum, the following:
a)
A map showing the configuration of the facility after
closure of all units, with the following:
1)
A contour map showing the proposed final
topography
(after placement of the final cover)
of
all disturbed areas on a 1”
=
200’
scale and a
contour interval of two feet; and
2)
The location of all facility-related structures to
remain as permanent features after closure.
b)
Steps necessary for the premature final closure of the
site at the assumed closure date,
as defined in 35
Ill.
Adm. Code 811.700(e);
c)
Steps nec,essary for the final closure of the site at
the end of its intended operating
life;
ci)
Steps necessary to prevent damage to the environment
during temporary suspension of waste acceptance
if the
operator wants a permit which would allow temporary
suspension
of
waste
acceptance
at
the
site
without
initiating
final
closure;
112—272
141
e)
A description of the steps necessary to decontaminate
equipment during closure;
f)
An estimate of the expected year of closure;
g)
Schedules
for the premature and final closure, which
shall include,
at
a minimum:
1)
Total time required to close the site;
and
2)
Time required for closure activities which will
allow tracking of the progress of closure; and
h)
A description of methods for compliance with all
closure, requirements of 35
Ill.
Adm.
Code 811.
Section 812.115
Postclosure Care Plans
The application shall contain a postclosure care plan which
includes
a written description of the measures to be taken during
the postclosure care period
in compliance with the requirements
of 35
Ill.
Adm.
Code 811.
Section 812.116
Closure and Postclosure Cost Estimates
The application shall contain an estimate of the costs of closure
and postclosure care and maintenance
in accordance with the
requirements of
35 Ill.
Adn
Code
8l1.Subpart
C.
SUBPART
B:
ADDITIONAL
INFORMATION
REQUIRED
FOR
INERT
WASTE
LANDFILLS
Section 812.201
Scope and Applicability
In addition to the information required by Subpart A,
an
application for a permit to develop an inert waste disposal unit
shall contain the information required by this Subpart.
Section 812.202
Waste Stream Test Results
The application shall contain information describing the waste
and results of tests conducted on the waste pursuant to 35
Ill.
Adm.
Code 811.202 demonstrating that all waste entering the unit
meet the definition
of
an inert waste.
Section 812.203
Final Cover
The permit application shall contain a description of the
material to be used
as the final cover,
application and spreading
techniques,
and the types of vegetation
to be planted pursuant to
35
Ill.
Adm.
Code 811.204.
112--273
142
Section 812.204
Closure Requirements
The permit application shall contain a description of how the
applicant will comply with 35 Ill. Adm. Code 811.205(a)
and
(b).
SUBPART C:
ADDITIONAL
INFORMATION
REQUIRED FOR PUTRESCIBLE
AND
CHEMICAL WASTE LANDFILLS
Section 812.301
Scope and Applicability
In addition to the information required by Subpart A, an
application for a permit to develop a putrescible or chemical
waste landfill shall contain the information required by this
Subpart.
Section 812.302
Waste Analysis
An application for a landfill that accepts only chemical wastes
shall include the results of
a waste analysis showing that the
wastes to be accepted at the facility meet the definition of
a
chemical waste.
The analysis shall show that all wastes entering
the unit will be compatible and will not react to form a
hazardous substance or gaseous products.
Section
812.303
Site
Location
a)
The permit application shall contain a site location map
showing the location of the following structures or areas
located within one mile of the facility:
1)
All water supply wells
in use for drinking water;
2)
All setback zones established pursuant to Section 14.2
or 14.3 of the Act;
3)
Any sole source aquifer,
or that an impervious strata
exists between the facility and the aquifer that meets
the minimum requirements of
35 Ill. Adm. Code
811.302(b);
4)
Units located within a setback zone established
pursuant to Section 14.2 or 14.3 of the Act showing
that the location still meets the minimum requirements
of
35
Ill.
Adm.
Code
811.302(b);
5)
All state and federal parks and recreational areas;
6)
All state,
federal or nterstate highways and the
location of any barriers necessary to comply with 35
Ill. Acm. Code 811.302(c);
112—274
143
7)
All occupied dwellings,
hospitals and schools;
and
8)
All airports.
b)
If any areas or structures included
in a site location map,
in accordance with subsection
(a)
,
requires
a demonstration
or showing,
then documentation of the demonstration or
showing must accompany the site location map.
Section 812.304
Waste Shredding
If waste shredding is planned
for the facility operation,
including the landfilling
of shredded waste,
then the application
shall contain documentation to demonstrate compliance with
35
Ill. Adm Code 811.303(b),
including a description of the
mechanical shredder proposed for use.
Section 812.305
Foundation Analysis and Design
a)
The permit application shall contain a foundation study
and analysis showing that the unit demonstrates compli-
ance with
35
Ill. Adm.
Code 811.304 and 811.305.
b)
The study shall be performed by or under the super-
vision of
a registered professional engineer.
C)
The following information shall
be included
in the
permit
application:
1)
Results
of tests performed on foundation
materials;
2)
Estimated settlement of the unit;
3)
Diagrams and cross sections
of any proposed sub-
base or foundation construction;
4)
Specifications for soil to be used for foundation
construction; and
5)
A
construction
quality
assurance
program
for
proper
implementation
of the foundation pursuant
to
35
Ill. Adm.
Code 8l1.Subpart E.
Section 812.306
Design of the Liner System
The application shall contain information to show that the design
of the liner system meets the minimum requirements of
35
Ill.
Adm.
Code
811.306,
including
the
following
information:
a)
For Compacted Clay Liners:
112--275
144
1)
Cross sections and plan views of the liner system;
2)
Results of any field or laboratory tests
demonstrating that the liner material complies
with
35 Ill. Adm.
Code 811.306(d);
3)
A description of the test liner,
including:
A)
Diagrams and any supporting documentation
showing that the test liner will be
constructed and evaluated in accordance with
35
Ill.
Adm.
Code
811.507(a);
or
B)
A detailed description of the results of the
test liner constructed in accordance with
35
Ill.
Adin Code 811.507(a),
if constructed
prior to permit application;
4)
A description of construction methods and
equipment to be utilized; and
5)
A construction quality assurance plan pursuant to
35
Ill. Adm. Code 8l1.Subpart
E.
b)
For geoinembranes:
1)
A description of the physical properties of the
geoiriembrane;
2)
Documentation showing that the design of the
geomembrane meets the minimum requirements of
35
Ill.
Adm.
Code 811.306(e);
3)
A description of the methods to seam the
geornembrane in the field in compliance with 35
Ill.
Adm.
Code 811.306(e) (5);
4)
A plan showing the proposed layout of the
individual panels and the locations of all
openings through the geomembrane;
5)
A cross section and description of how openings
in
the membrane will be constructed to minimize
leaks; and
6)
A construction quality assurance program pursuant
to 35 Ill. Adm.
Code 811.Subpart E for proper
construction, seaming and inspection of the
geomembrane.
c)
For Slurry Trenches and Cutoff Walls:
112—276
145
1)
A description of the slurry trench or cutoff wall,
including documentation of cross sections,
material specifications and methods of
construction to demonstrate compliance with 35
Ill. Adm.
Code 811.306(f);
2)
Location and descriptions of the boreholes,
including the results of any testing; and
3)
A construction quality assurance plan,
pursuant to
35
Ill. Adm.
Code Bll.Subpart
E.
ci)
For Alternative Liner Technology:
A complete description of the technology,
including
documentation
demonstrating
that
the technology will
perform as required by 35
Ill. Adm.
Code 811.306(f).
Section 812.307
Leachate Drainage and Collection
Systems
The permit application shall contain information to demonstrate
that the proposed leachate drainage and collection system will be
in compliance with 35
Ill. Adm. Code 811.307 and 811.308,
including:
a)
A plan view
of the leachate collection system,
showing
pipe locations,
cleanouts, manholes,
sumps,
leachate
storage structures and other
relat.ed information;
b)
Cross sections and descriptions
of manholes,
sumps,
cleanouts, connections and other appurtenances;
C)
The locations of all leachate
level monitoring
locations;
ci)
A stability analysis showing that the side slopes will
maintain the necessary static and seismic safety fac-
tors during all phases of operation;
e)
All calculations, assumptions and information used to
design the leachate collection and drainage system;
f)
A description of the methods to be used to clean and
otherwise maintain the leachate collection and drainage
system,
including the number and location of access and
cleanout points;
and
g)
A construction quality assurance program to insure
proper
construction
of
the
systems
pursuant
to
35
Ill.
Adm.
Code B11.Subpart
E.
112—277
146
Section 812.308
Leachate Management System
a)
The
application
shall
contain
information
to
show
how
the applicant will comply with 35
Ill. Adm. Code
811.309,
including the following
information:
1)
Leachate disposal methods,
including:
A)
The approved NPDES permit or,
if the permit
is pending,
the NPDES permit application;
B)
Documentation to demonstrate that the offsite
treatment works meets the requirements of
35
Ill.
Adm. Code 811.309(e) (1);
or
C)
Pretreatment authorization,
if necessary from
the offsite publicly owned treatment works
pursuant to 35
Ill. Adm. Code 310.
2)
Design of tanks,
lagoons, and all other treatment
or storage units;
3)
A map showing the location of all units, piping
and monitoring stations;
and
4)
A description of the leachate monitoring system,
including all parameters to be monitored and the
location of the sampling points.
b)
The operator may include in the application a request
for authorization to recycle leachate,
if desired.
The
request shall be supported by information to
demonstrate compliance with 35
Ill. Adm.
Code
811.309(f),
including:
1)
A demonstration that the unit satisfies the
criteria of 35
Ill. Adm.
Code 811.309(f) (1);
2)
Estimates of the expected volume of excess
leachate,
as defined in 35
Ill. Adm. Code
811.309(f) (3);
3)
A plan for the disposal of excess leachate,
as
defined
in
35
Ill.
Adm.
Code
811.309(f)
(3);
4)
Layout and design of the leachate distribution
system; and
5)
Pursuant to 35 Ill.
Adm. Code 811.309(f) (6), a
demonstration that the daily and intermediate
cover is permeable, or
a plan to remove daily and
112—278
147
intermediate cover prior
to additional waste
disposal.
Section 812.309
Landfill Gas Monitoring Systems
The permit application shall contain a plan to monitor the
buildup and composition of landfill gas
in compliance with 35
Ill. Adm.
Code 811.310,
including:
a)
A description of the most likely paths of migration of
landfill gas expected to be generated by the unit,
supported by the results of any predictive modeling
study of gas flow through the strata surrounding the
facility used, pursuant to 35
Ill.
Adm.
Code
811.310(b) (2);
b)
The location and design of sampling points; and
c)
Support for the items under subsections
(a) and
(b)
must be provided and shall include the results of the
predictive modeling study of the gas flow in accordance
with 35
Ill. Adm.
Code 811.310(b) (3).
Section 812.310
Gas Collection Systems
The permit application shall contain, when a gas collection
system is required pursuant to 35
Ill. Adm.
Code 811.311(a),
a
plan for collecting landfill gas from the unit.
The plan shall
contain information to demonstrate compliance with 35
Ill. Adm.
Code 811.311,
including:
a)
Location of the collection points;
b)
Layout and design of the collection system;
c)
A description of and specifications for all machinery,
compressors,
flares,
piping and other appurtenances
necessary to the system;
and
ci)
A gas condensate disposal plan.
Section 812.311
Landfill Gas Disposal
When a permit application contains
a plan for a gas collection
system,
then
a plan for landfill gas disposal shall
be submitted.
The plan shall contain information to demonstrate compliance with
35
Ill.
Adin.
Code 811.312, including~
a)
The approved air discharge permit or,
if the permit is
pending,
a copy
of the air discharge permit application
required pursuant to 35 Ill.
Adm.
Code 200 thru
245;
1
12—27~
148
b)
A map showing the location of the gas processing
facility;
c)
Designs for the disposal system;
ci)
A gas processing plan which includes
a description of
the beneficial uses to be derived for the gas and the
design of the processing system; and
e)
Where an offsite processing plant is utilized,
the
application shall contain documentation showing that
the plant meets all requirements of
35
Ill. Adm. Code
811.312(g).
Section 812.312
Intermediate Cover
The application shall contain a description of the material to be
used as intermediate cover in accordance with 35
Ill. Adm. Code
811.313,
including:
a)
A description of the soil to be used,
including its
classification and approximate hydraulic conductivity;
or
b)
A demonstration that any proposed alternative materials
or procedures to substitute for intermediate cover meet
the minimum requirements of 35
Ill.
Adm. Code 811.313.
Section ‘812.313
Design of the Final Cover System
The permit application shall contain documentation for the final
cover system to demonstrate compliance with
35 Ill.
Adm. Code
811.314,
including:
a)
Material specifications;
b)
Placement techniques;
c)
Estimates of settling;
ci)
A description of final protective cover, including a
description of the soil and the depth necessary to
maintain the proposed land use of the area;
e)
A description showing how the low permeability
layer
will tie into the liner system;
and
f)
A construction quality assurance program, pursuant to
35 Ill. Adm.
Code 8ll.Subpart
E, which provides that
the cover
is constructed in compliance with all
applicable requirements of 35
Ill. Adm. Code 811.
112—280
149
Section 812.314
Description of the Hydrogeology
The permit application shall contain
a description of the local
hydrogeologic system,
which shall
include the results of the
investigation conducted in accordance with 35
Ill. Adm.
Code
811.315 and which includes the following information:
a)
A narrative description of the regional setting;
b)
A narrative description characterizing the
hydrogeological conditions within the permit area;
C)
Geological cross sections of the permit area showing
all water bearing strata,
water elevations and all
geological units;
d)
Location of all bore holes and test pits;
e)
All well and bore logs;
f)
Laboratory and field testing data;
g)
A detailed description of each geological unit found
within the study area,
including physical and
geochemical properties; and
h)
A description of all water bearing strata under the
facility,
including
a
potentiometric
map,
groundwater
flow velocities and directions and
a description of the
water quality.
Section 812.315
Plugging and Sealing of Drill Holes
The application shall contain a plan describing the techniques
and materials to be
utilized to plug and seal drill holes in
accordance with 35
Ill.
Adrn. Code 811.316.
Section 812.316
Results of the Groundwater Impact Assessment
The application shall contain the results of
a groundwater impact
assessment showing that the proposed unit will not violate the
requirements
of
35 Ill.
Adm.
Code 811.317.
The assessment shall
contain,
at
a minimum,
the following information:
a)
Documentation of the contaminant transport model ‘used
for the assessment;
b)
All input data used to perform the analysis and
modeling;
c)
A sensitivity analysis of the model’s predictions
versus the magnitude of the input parameters;
ii 2—281
150
ci)
Predicted concentration versus time profiles for
several points within the zone of attenuation over
a
predicted time period of 100 years;
e)
Predicted concentration versus distance profiles taken
at five year increments for 100
years;
f)
Documentation showing reliability of the model;
g)
Documentation demonstrating validity of all input
parameters and assumptions;
and
h)
A written evaluation of the groundwater impacts
expected at the facility.
Section
812.317
Groundwater Monitoring Program
The permit application shall contain a groundwater monitoring
plan which demonstrates compliance with 35
Ill. Adm.
Code
811.318
and 811.319 and which includes the following information:
a)
A site plan map showing all zones of attenuation;
b)
Distance to the bottom of the uppermost aquifer;
c)
The location and depth of all groundwater monitoring
points;
ci)
The design of the groundwater monitoring wells, with a
description of the materials to be used in constructing
each well;
e)
A list of the parameters to be tested at each
monitoring point;
f)
A concentration versus time profile for each monitoring
point,
showing the maximum allowable concentration at
that monitoring point for the 100 years after the
closure of the unit;
g)
A description of the sampling procedure to be followed;
h)
A description of the preservation techniques to be
utilized;
i)
A description of the chain of custody, packing and
transportation plans for all samples to meet the
requirements of
35 Ill.
Adm. Code 811.318(g);
112—282
151
j)
A description of the laboratory analysis,
including
laboratory procedures,
quality control,
and error
detection;
k)
A description of the statistical analysis techniques to
be used for evaluating the monitoring data;
1)
A description of the groundwater quality standards
applicable at the facility pursuant to
35
Ill.
Adin.
Code 811.320, including
a specific numerical value for
each constituent and including an evaluation of the
background concentrations
of each constituent to be
monitored; and
m)
A description of the statistical method to be utilized
when evaluating groundwater data.
Section 812.318
Operating Plans
a)
The application shall contain all information necessary
to demonstrate compliance with 35
Ill.
Adm. Code
811.321(a)
b)
The application shall contain
a narrative description
of the initial waste placement plan, to demonstrate
compliance with
35 Ill.
Adm. Code 811.321(b).
112—283
152
TITLE
35:
ENVIRONMENTAL’PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
i:
SOLID
WASTE
AND
SPECIAL
WASTE
HAULING
PART 813
PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS
Section
813.101
813.102
813.103
813
.
104
813.105
813.106
813.107
813.108
813.109
813.110
813.111
SUBPART A:
GENERAL PROCEDURES
Scope and Applicability
Delivery of Permit Application
Agency Decision Deadlines
Standards for Issuance
of a Permit
Standards for Denial of
a Permit
Permit Appeals
Permit No Defense
Term of Permit
Transfer of Permits
Adjusted Standards to Engage in Experimental Practices
Agency Review of Contaminant Transport Models
SUBPART B:
ADDITIONAL PROCEDURES FOR MODIFICATION AND
SIGNIFICANT MODIFICATION OF PERMITS
Section
813.201
Initiation of a Modification or Significant
Modification
813.202
Information Required for a Significant Modification of
an
Approved
Permit
813.203
Specific Information Required for a Significant
Modification
to Obtain Operating Authorization
813.204
Procedures for
a Significant Modification of an
Approved Permit
SUBPART C:
ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS
Section
813.301
813.302
813.303
813.304
813.305
Time of Filing
Effect of Timely Filing
Information Required for a Permit Renewal
Updated Groundwater Impact Assessment
Procedures for Permit Renewal
SUBPART D:
ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION
OF
TEMPORARY
AND
PERftkNENT
CLOSURE
AND
POSTCLOSURE
CARE
813.401
Agency Notification Requirements
813.402
Certification of Closure
813.403
Termination of the Permit
SUBPART E:
REPORTS TO BE FILED WITH THE AGENCY
Section
813.501
813.502
Annual Reports
Quarterly Groundwater Reports
112—284
153
813.503
Information to be Retained at or near the Waste
Disposal Facility
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22,
22.17 and
28.1,
and authorized by Section 27 of the Environmental
Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1005,
1021,
1021.1,
1022,
1022.17,
1027 and 1028.1).
SOURCE:
Adopted in R88-7
at
14
Ill. Req.
effective
NOTE:
Capitalization indicates statutory language.
SUBPART
A:
GENERAL
PROCEDURES
Section 813.101
Scope and Applicability
a)
This Subpart contains the procedures
to be followed by
all applicants and
the Agency for applications for
permits required pursuant to Section 21(d)
of
Environmental Protection Act
(Act)
(Ill.
Rev.
Stat.
1989,
ch. 111 1/2,
par.
1021(d)) and
35 Ill. Adm.
Code
811,
812,
and
814.
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,
and to conduct an experimental
practice.
b)
All general provisions of
35
Ill. Adm.
Code 810 apply
to this Part.
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 proven 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
Ii 2—285
154
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).
ci)
The applicant may modify a permit application at any
time prior to the Agency decision deadline date.
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.
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.
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
112—786
155
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.
ci)
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
a)
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.
Adrn.
Code
105.
I
12—287
156
b)
Preparation and distribution by the Agency of any draft
permit is not a final decision for purposes of appeal.
c)
Any Agency action to deny a permit or to grant
a permit
with conditions will not be deemed final for the
purposes of appeal
if the applicant has requested
Agency reconsideration of that action prior to the
filing of
a petition pursuant to this Section.
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 PERNITTEE’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 81l.Subpart G.
Section 813.110
Adjusted Standards to Engage in Experimental
Practices
a)
Experimental practices are design, construction, and
operation methods and techniques which are not
expressly authorized by,
and whose employment cannot be
demonstrated by the applicant to be in compliance with,
35 Ill.
Adm.
Code 811,
812,
and 814.
Experimental
112—288
157
practices may be implemented only at permitted
landfills.
b)
Pursuant to Section 28.1 of the Act and 35
Ill.
Adm.
Code 106.Subpart
G,
any person may,
at any time,
petition the Board for an adjusted standard to any
standard in 35
Ill.
Acim.
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 shallcontain the
following information in addition to that required by
35
Ill.
Adm.
Code l06.Subpart G.
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.
Adrn.
Code
811)
to be implemented during the
experiment;
4)
Criteria for evaluating the experimental practice.
The criteria shall be specific enough to allow the
Agency to evaluate the performance of the
experimental practice from the monitoring results
pursuant to subsection
(f) (1);
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.
112—28q
158
ci)
The Board will review all requests to conduct
experimental practices in accordance with Section 28.1
of the Act,
35
Ill.
Adm. Code 106.Subpart G and any
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.
Acm. Code 811, 812 or 814;
2)
The experiment will be
conducted in as short a
time
as
possible;
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)
by the Board,
the operator shall file an
application for significant modification of the permit
with the Agency pursuant to Section 813.Subpart B.
The
application shall 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.
Adrn.
Code 811
if the
experiment is unsuccessful;
6)
Cost estimates and financial assurance
(see 35
Ill. Adm.
Code 81l.Subpart G)
in an amount equal
to the costs necessary to restore the facility to
compliance with 35
Ill. Adm. Code:
Chapter
I.
f)
Evaluation of Experimental Practice
112—290
159
1)
After completion of the experiment all monitoring
data shall be submitted to the Agency for
evaluation of the experimental practice
in
accordance with the criteria provided in
subsection
(c) (4)
.
The Agency shall determine if
the experimental practice is acceptable for
implementation pursuant to Section 39
of the Act,
and the following additional criteria:
A)
An experimental practice shall be considered
acceptable for implementation
if the moni-
toring results meet
or exceed the criteria in
subsection
(c) (4)
above
for evaluating the
experimental practice;
and
B)
If the experiment does not cause or
contribute to a violation of the Act or
35
Ill.
Adm.
Code:
Chapter
I.
2)
Upon completion
of the experiment and an Agency
determination that the experimental practice
is
acceptable for implementation,
the Agency shall
return the financial assurance instrument to the
operator and,
shall approve permit modifications
allowing the operation of the experimental
practice.
If the experimental practice
is
determined to be unacceptable
for implementation,
then the Agency shall return the financial
assurance instrument when the facility has been
restored to comply with 35 Ill. Adm.
Code:
Chapter
I.
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.
Adrn.
Code 811.317(c)(1),(2)
and
(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), (2)
and
(3)
in
a permit
application
if
a model accepted by the Agency has been
used.
112—291
160
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
35111.
Adm.
Code 811.317(c)(1),(2), and
(3).
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; 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
112—292
161
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 8l1.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
Applications
for significant modifications shall
be subject to
all requirements and time schedules
in Supart 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 PERNITTEE 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))
162
Section 813.303
Information
Required
for a Permit Renewal
a)
The operator shall submit only that information
required by 35
Ill. Acm.
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 81l.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 condubt 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 appli-
cable 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.
112—294
163
SUBPART D:
ADDITIONAL PROCEDURES
FOP.
INITIATION AND TERMINATION
OF
TEMPORARY
AND
PERMANENT
CLOSURE
AND
POSTCLOSUP.E
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 of any
temporary suspension plan.
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.
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.
Acm.
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
1
1 2—2~l5
164
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.
ci)
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.
112—296
165
SUBPART
E:
REPORTS TO BE FILED WITH THE AGENCY
Section 813.501
Annual Reports
a)
All permitted landfills shall submit annual reports
to
the Agency during operation and for the entire
postclosure monitoring period.
Such annual reports
shall be filled each year by the first day of the month
chosen and specified by the Agency in the permit.
b)
Agency Review of the Report
1)
The Agency shall conduct a review of the annual
report to determine compliance with the
requirements
of
subsection
(c) and either accept
the contents as complete or request additional
information within 45 days
of receipt of the
report.
2)
If the Agency fails to respond within the required
time period then the report shall
be considered
acceptable.
3)
The operator shall return the additional informa-
tion to the Agency within 45 days of receipt of
the request for additional information.
4)
The operator may deem any Agency request for
information pursuant to this Section as
a permit
denial for purposes of appeal pursuant to Section
40
of the Act.
c)
All annual reports shall contain the following
information:
1)
A waste volume summary which includes:
A)
Total volume
of solid waste accepted at the
facility
in cubic meter
(cubic yards)
as
measured at the gate;
B)
Remaining solid waste capacity in each unit
in cubic meter
(cubic yard)
as measured at
the
gate;
and
C)
A copy of all identification reports required
under
35
Ill.
Adm.
Code
811.404
2)
Monitoring data from the leachate collection
system,
groundwater
monitoring
network,
gas
monitoring
system,
and
any
other
monitoring
data
1
l2—2~)7
166
which was specified in the operator’s permit,
including:
A)
Graphical results of monitoring efforts;
B)
Statistical summaries and analysis of trends;
C)
Changes to the monitoring program; and
D)
Discussion of error analysis, detection
limits, and observed trends.
3)
Proposed activities for the year
A)
Amount of Waste expected in the next year;
B)
Structures to be built within the next year;
and
C)
New monitoring stations to be installed
within the next year.
4)
Any modification or significant modification
affecting the operation of
a facility shall be
included.
5)
Signature of the person in responsible charge of
preparing the report.
Section 813.502
Quarterly Groundwater Reports
All groundwater monitoring data shall be submitted to the Agency
on a quarterly basis,
in a form prescribed by the Agency,
and in
accordance
with
a
schedule
approved
in
the
permit.
Section 813.503
Information to be Retained at or near the
Waste Disposal Facility
Information developed by the operator but not yet forwarded to
the Agency in a quarterly or annual report 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.
112—298
167
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
i:
SOLID WASTE AND SPECIAL WASTE HAULING
PART 814
STANDARDS FOR EXISTING LANDFILLS AND UNITS
SUBPART A:
GENERAL REQUIREMENTS
Section
814.101
Scope and Applicability
814.102
Compliance Date
814.103
Notification to Agency
814.104
Applications for Significant Modification of Permits
814.105
Effect
of
Timely
Filing
of
Notification
and
Application
for
Significant
Modification
814.106
Agency Action on Applications for Significant
Modifications to Existing Permits
SUBPART
B:
STANDARDS FOR UNITS ACCEPTING INERT WASTE
Section
814.201
Scope and Applicability
814.202
Applicable Standards
SUBPART C:
STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND
PUTRESCIBLE WASTES THAT
MAY
REMAIN OPEN FOR MORE THAN SEVEN YEARS
Section
814.301
Scope and Applicability
814.302
Applicable Standards
SUBPART
D:
STANDARDS
FOR
EXISTING
UNITS
ACCEPTING CHEMICAL AND
PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS
Section
814.401
Scope and Applicability
814.402
Applicable Standards
SUBPART
E:
STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE
ONLY,
OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES THAT MUST
INITIATE CLOSURE WITHIN TWO YEARS
Section
814.501
Scope and Applicability
814.502
Standards for Operation and Closure
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22,
22.17 and
28.1,
and authorized by Section
27
of the Enyironmental
Protection Act
(Ill.
Rev.
Stat.
1989,
oh.
111
1/2,
pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1 and 1027).
SOURCE:
Adopted
in R88-7
at
14
Ill.
Reg.
effective
NOTE:
Capitalization indicates statutory
language.
l2—2~”l
168
SUBPART
A:
GENERAL
REQUIREMENTS
Section 814.101
Scope and Applicability
a)
This Part establishes the standards applicable to all
existing landfill facilities which includes facilities
that
are
not
considered
to
be
new
as
defined
at
35
Ill.
Adm.
Code 810.103.
This Part establishes requirements
for
both
new
and
existing
disposal
units
within
such
existing
landfill
facilities.
Landfill
operators
are
required to determine the date on which their faclities
must
begin
closure,
which
is
dependent
upon
the
ability
of
existing
units
to
meet the design and performance
standards contained
in this Part.
b)
The requirements of Sections 814.104, 814.105 and
814.106
of this Subpart apply only to those landfill
facilities identified
as existing facilities in
subsection
(a) and which require an Agency issued
permit.
c)
All general provisions of 35
Ill.
Adm.
Code 810 apply
to
this
Part.
Section 814.102
Compliance Date
Unless otherwise expressly provided in Section 814.105,
all
landfills with existing units shall comply with the requirements
of this Part within six months of the effective date of this
Part.
Section 814.103
Notification to Agency
No later than six months after the effective date of this Part,
all operators shall send notification to the Agency describing
the facility,
estimated date of closure of existing units, and
whether
the
facility
is
subject
to
the
requirements
of
Subpart
B,
Subpart
C,
Subpart
D,
or
Subpart
E.
Section 814.104
Applications
for Significant Modification of
Permits
a)
All operators
of landfills
permitted
pursuant
to
Section 21(d)
of the Environmental Protection Act
(Act)
(Ill.
Rev. Stat.
1989,
ch.
111
1/2, par 1021(d))
shall
file
an application for a significant modification to
their permits for existing units, unless the units will
be
closed
pursuant
to
Subpart E within two years of the
effective
date
of
this
Part.
112—301)
169
b)
The operator of an existing unit shall submit
information required by 35
Ill. Adm.
Code 812 to
demonstrate compliance with Subpart
B,
Subpart C or
Subpart D, whichever is applicable.
c)
The application
shall
be filed within 48 months of the
effective date of this Part,
or at such earlier time
as
the Agency shall specify in writing pursuant to 35
Ill.
Adm.Code 807.209
or 813.201(b).
d)
The application shall be made pursuant to the
procedures
of 35
Ill. Adm.
Code 813.
Section 814.105
Effect of Timely Filing of Notification and
Application for Significant Modification
a)
Permits issued pursuant to 35
Ill. Adm.
Code 807 prior
to the effective date of this Part remain
in full force
and effect until superseded by a permit issued pursuant
to this Part or until revoked as
a result of an
enforcement action brought pursuant to Title VIII
of
the Act.
b)
An operator who has timely filed a notification
pursuant to Section 814.103 and an application for
significant permit modification pursuant to Section
814.104 shall continue operation under the terms of its
existing permits until final determination by the
Agency on its application and any subsequent appeal to
the Board pursuant to Section 40
of the Act.
During
this time,
the operator will be deemed to be in
compliance with all requirements
of this Part.
Section 814.106
Agency Action on Applications for Significant
Modifications to Existing Permits
The Agency shall review applications for significant
modifications to existing permits
in accordance with the
requirements and procedures of
35
Ill.
Adm.
Code 813.
SUBPART
B:
STANDARDS FOR UNITS ACCEPTING INERT WASTE
Section 814.201
Scope and Applicability
a)
The standards
in this Subpart are applicable
to all
existing units of landfills,
including those exempt
from permit requirements
in accordance with Section
21(d)
of the Act,
that have accepted or accept only
inert waste.
Based on an evaluation of the information
submitted pursuant to Subpart A and any Agency site
inspection,
units that meet the requirements
of this
112-
170
Subpart may remain open for an indefinite period of
time after the effective date of this Part.
b)
Based on an evaluation of the information submitted
pursuant
to
Subpart
A
and
any
Agency
site
inspection,
units
which
are
unable
to
comply
with
the
requirements
of
this
Subpart
are
subject
to
the
requirements
of
Subpart D.
Section 814.202
Applicable Standards
Units which accept only inert waste shall be subject to all of
the requirements of 35
Ill. Adm. Code 8ll.Subparts A and B.
SUBPART C:
STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND
PUTRESCIBLE WASTES THAT
MAY REMAIN
OPEN FOR MORE THAN’ SEVEN YEARS
Section 814.301
Scope and Applicability
a)
The
standards
in
this
Subpart
are
applicable
to
all
existing
units
of
landfills,
including
those
exempt
from permit requirements
in accordance with Section 21
(ci)
of
the
Act,
that
have
accepted
or
accept
chemical
and putrescible wastes.
Based on an evaluation of the
information submitted pursuant to Subpart A and any
Agency site inspection,
units that meet the
requirements
of
this
Subpart
may
remain
open
for
an
indefinite period of time beyond seven years after the
effective date of this Part.
b)
Based on an evaluation
of the information submitted
pursuant to Subpart A and any Agency site inspection,
units which are unable to comply with the requirements
of
this
Subpart
are
subject
to
the
requirements
of
Subpart D or Subpart E.
Section 814.302
Applicable Standards
a)
All
of the requirements for new units described in
35
Ill. Adm.
Code 811 shall apply to units regulated under
this
Subpart
except
the
following:
1)
The
location
standards
in
35
Ill.
Adm.
Code
811.302(a),
(ci),
and
(e);
2)
The foundation and mass stability analysis
standards in
35 Ill.
Adin. Code 811.304 and
811. 305;
3)
The final cover requirements of
35 Iii. Adm Code
811.314 shall not apply to units or parts of units
112—302
171
closed, covered and vegetated prior to the
effective date of this Part.
4)
The liner and leachate drainage and collection
requirements of
35 Ill.
Adm.
Code 811.306,
811.307, and 811.308; and
5)
The hydrogeological site investigation require-
ments of
35
Ill. Adm.
Code 811.315,
except that
information shall be collected to implement a
groundwater monitoring program in accordance with
35
Ill.
Adm.
Code 811.318 and 811.319 and
establish background concentrations for the
purpose of establishing water quality standards
pursuant to
35 Ill. Adm.
Code 811.320; and
b)
Units regulated under this Subpart shall be subject to
the following standards:
1)
The unit must be equipped with a system which will
effectively drain and collect leachate and
transport it to a leachate management system.
The
collection system need not be designed in
compliance with the requirements of
35 Ill. Adm
Code 811.307 and 811.308.
2)
The completed unit shall achieve a long—term
static safety factor against slope failure of
1.5;
3)
Calculation
of
the Design Period
For the purposes of calculating financial
assurance the design period shall be calculated as
follows:
A)
The design period shall be no less than the
operating life of the landfill plus fifteen
years of postclosure care;
B)
The postclosure care period shall be extended
by three years for each year the unit
is
expected
to
be
in
operation
up
to the
applicable design period required by
35
Ill.
Adm.
Code 811
(For example,
an existing unit
with expected operating lives of three,
seven
or
12 years after the effective date of this
Part would be required to provide financial
assurance during operation and
for a
postclosure care period of either
15 years
since
3
x
3
=
9 years
is less than the
15
year minimum specified in subsection
(b) (3) (A)
;
21 years since
3
x
7
=
21 years;
II 2—~1flI3
172
or
30
years
since
3
x
13
=
39 years
is
greater
than
the
30
years
specified
in
Section 811.303(a),
respectively); and
C)
The design period may not be reduced as
allowed by 35
Ill. Adm.
Code 811.303(b)
and
(c).
SUBPART D:
STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND
PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS
Section
814.401
Scope
and
Applicability
a)
The standards in this Subpart are applicable to all
existing units of landfills,
including those exempt
from permit requirements in accordance ‘with Section
21(d)
of the Act,
that have accepted or accept chemical
and putrescible wastes.
Based on an evaluation of the
information submitted pursuant to Subpart A and any
Agency site inspection, units that meet the
requirements of this Subpart shall initiate closure
between two and seven years after the effective date of
this Part.
b)
Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspection,
units which are unable to comply with the requirements
of this Section are subject to the requirements of
Subpart
E.
Section 814.402
Applicable Standards
a)
All
of the requirements for new units described in
35
Ill. Adm.
Code 811 shall apply to units regulated under
this Subpart except the following:
1)
The location standards
in
35 Ill. Adm.
Code
811.302 (a)
,
(c)
,
(d)
,
and
(e) ;
2)
The foundation and mass stability analysis
standards
in 35 Ill.
Adm.
Code 811.304
and
811. 305;
3)
The liner and leachate drainage and collection
requirements
of
35 Ill.
Adm.
Code 811.306,
811.307, and 811.308;
4)
The final cover requirements of 35
Ill. Adm Code
811.314 shall not apply to units or parts of units
closed,
covered and vegetated prior to the
effective date of this Part;
112—304
173
5)
The hydrogeological site investigation require-
ments of 35 Ill.
Adm. Code 811.315;
6)
The groundwater impact assessment standards
of 35
Ill. Adm.
Code 811.317;
7)
The groundwater monitoring program requirements of
35 Ill.
Adm.
Code 811.318(d); and
8)
The groundwater quality standards of
35
Ill. Adm.
Code 811.320(a),
(b)
and
(c).
b)
The following standards shall apply to units regulated
under this Subpart:
1)
No new units shall be opened and an existing unit
may not expand beyond the area included
in a
permit prior to the effective date of this Part
or,
in the case of permit exempt facilities,
beyond the area needed for landfilling to continue
until closure
is initiated;
2)
After the effective date of this Part, the unit
may not apply for supplemental wastestream permits
to accept new special wastes.
However,
the unit
may continue to accept special waste under permits
existing prior to the effective date of this Part
and
may
renew those permits as necessary.
3)
Groundwater Standards
A)
A unit shall not contaminate
a source of
drinking water at the compliance boundary,
defined as any point on the edge of the unit
at or below the ground surface.
At any point
on the compliance boundary,
the concentration
of constituents shall not exceed the water
quality standards specified
in 35
Ill. Adm.
Code 302.301, 302.303, 302.304,
and 302.305.
The Board may provide for a zone of
attenuation and adjust the compliance
boundary in accordance with Section 28.1 of
the Act and the procedures of 35
Ill. Adm.
Code l06.Subpart G upon petition
demonstration by the operator that the
alternative compliance boundary will not
result in contamination of groundwater which
may be needed or used for human consumption.
In reviewing such petitions,
the Board will
consider the following factors:
112— ~3
fl ~
174
i)
The hydrogeological characteristics of
the unit and surrounding
land,
including
any natural attenuation and dilution
characteristics
of the aquifer;
ii)
The volume and physical and chemical
characteristics
of the leachate;
iii)
The quantity,
quality, and direction of
flow of groundwater underlying the
facility;
iv)
The proximity and withdrawal rates of
groundwater users;
v)
The availability of
alternative drinking
water supplies;
vi)
The existing quality of the groundwater,
including other sources of contamination
and their cumulative impacts on the
groundwater;
vii)
Public health,
safety,
and welfare
effects; and
viii) In no case shall the zone of compliance
extend beyond the facility property line
or beyond the annual high water mark of
any navigable surface water.
4)
Calculation of the Design Period
For the purposes of calculating financial
assurance the design period shall be calculated as
follows:
A)
The design period shall be no less than five
years; and
B)
The postclosure care period shall be extended
by three years for each year the unit is
expected to be in operation up to the
applicable design period required by 35
Ill.
Adm.
Code 811.
(For example,
an existing
unit with an expected life of three years
after the effective date of this Part would
be required to provide financial assurance
for nine years of postclosure care,
9
=
3
x
3.)
112—306
175
C)
The design period may not be reduced as
allowed by 35
Ill.
Adm.
Code 811.303.
SUBPART E:
STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE
ONLY,
OR
ACCEPTING
CHEMICAL
AND
PUTRESCIBLE
WASTES
THAT
MUST
INITIATE CLOSURE
WITHIN TWO
YEARS
Section 814.501
Scope and Applicability
a)
The standards
in this Subpart are applicable to all
existing units of landfills,
including those exempt
from permit requirements
in accordance with Section
21(d)
of the Act,
that accept inert waste only,
or
which accept chemical and putrescible wastes.
b)
All units that cannot demonstrate compliance with the
requirements
of Subpart B or Subpart C or are scheduled
to begin closure within two years of the effective date
of this Part must begin closure within two years of the
effective date of this Part.
c)
A new permit shall not be required for any facility at
which all units will close within
two
years
of the
effective date
of this Part.
Section
814.502
Standards
for
Operation
and
Closure
a)
All units regulated in this Subpart are subject to all
requirements
in 35 Ill.
Adm.
Code 807.
b)
All units regulated under this Subpart are subject to
all conditions of the existing permit.
11
2—~1)7
176
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
1:
SOLID WASTE
AND
SPECIAL WASTE HAULING
PART 815
PROCEDURAL
REQUIREMENTS
FOR ALL LANDFILLS EXEMPT FROM PERMITS
SUBPART A:
GENERAL REQUIREMENTS
Section
815.101
Scope
and
Applicability
815.102
Required Signatures
SUBPART
B:
INITIAL FACILITY REPORT
Section
815.201
Scope and Applicability
815.202
Filing Deadline
815.203
Information to be Filed
815.204
Required Signatures
SUBPART
C:
ANNUAL REPORTS
Section
815.301
Scope and Applicability
815.302
Reporting Period
815.303
Information to be Submitted
SUBPART D:
QUARTERLY GROUNDWATER REPORTS
Section
815.401
Scope and Applicability
815.402
Filing Schedule
SUBPART E:
INFORMATION TO BE RETAINED ONSITE
Section
815.501
Scope and Applicability
815.502
Acceptance Reports
815.503
Other Information
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.
1989,
ch.
111
1/2,
pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1
and
1027).
SOURCE:
Adopted
in
R88—7
at
14
Ill.
Reg.
effective
SUBPART A:
GENERAL REQUIREMENTS
Section
815.101
Scope
and
Applicability
a)
The requirements of this Part are applicable to all
landfills
exempt
from
permits
pursuant
to
Section
21(d)
112—308
177
of the Environmental Protection Act
(Act)
(Ill.
Rev.
Stat.
1989,
oh.
111
1/2,
par.
1021(d)).
All reports
and information required under this Part shall be filed
with the Agency or retained on site
in accordance with
the requirements set forth in each Subpart.
b)
All general provisions
in 35
Ill.
Adm.
Code 810 apply
to this Part.
Section 815.102
Required Signatures
All reports shall be signed by a duly authorized agent.
The
following persons are considered duly authorized agents:
a)
For Corporations,
a principal executive officer of at
least the level
of vice president;
b)
For a sole proprietorship or partnership,
a proprietor
or general partner, respectively;
c)
For a municipality,
state,
federal or other public
agency, by the head of the agency or ranking elected
official.
SUBPART B:
INITIAL FACILITY REPORT
Section 815.201
Scope and Applicability
All landfills regulated under this Part shall
file an initial
facility report with the Agency as specified
in this Subpart to
provide information concerning location and disposal practices of
the facility.
Section 815.202
Filing Deadline
a)
Existing Facilities
The initial
facility report shall be filed with the
Agency within two years of the effective date of this
Part.
b)
New Facilities
The initial facility report shall
be filed with the
Agency before any waste is accepted.
112—31~
178
Section 815.203
Information
to be Filed
a)
New Units
All
of
the
information
required
by
35
Ill.
Acm.
Code
812
except
35
Ill.
Adm.
Code
812.101,
812.103,
812.104,
812.105,
and
812.116
shall
be
filed
with
the
Agency.
b)
Existing Units
All of the information required by 35 Ill. Adm.
Code
812,
except
35
Ill.
Admn.
Code 812.101, 812.103,
812.104,
812.105,
and
812.116,
that
is
applicable
to
an
existing unit,
as described in
35 Ill.
Adm. Code 814,
shall be filed with the Agency.
Section
815.204
Required
Signatures
a)
All initial facility reports shall contain the name,
address,
and telephone number of
a duly authorized
agent
to
whom
all
inquiries
and correspondence shall be
addressed.
b)
All initial facility reports shall be signed by a duly
authorized agent and shall be accompanied by evidence
of authority to sign the report and shall be notar-
ized.
SUBPART
C:
ANNUAL REPORTS
Section 815.301
Scope and Applicability
All
landfills
regulated
under
this
Part
shall
file
an
annual
report
with
the
Agency.
The
first
annual
report
shall
be
filed
on
the
first
of
January
that
follows
the
year
in
which
the
initial facility report
is filed, unless the Agency specifies
in
writing ~n alternative filing date no later than one year after
the initial facility report has been filed.
Section 815.302
Reporting Period
Annual
reports
shall
be
filed
during
operation
of
the
facility
and
for
the
entire
postclosure
monitoring
period.
Section
815.303
Information
to
be
Submitted
All annual reports shall contain the following information:
a)
A waste volume summary which includes:
112--3m
179
1)
Total amount of solid waste accepted at the
facility;
2)
Remaining capacity in each unit; and
3)
A copy of all identification reports required
under
35 Ill.
Adm.
Code 811.404.
b)
All raw monitoring data collected at the facility from
the leachate collection system,
groundwater monitoring
network, and gas monitoring system,
and
in addition
shall include:
1)
Graphical results of monitoring efforts;
2)
Statistical summaries and analysis of trends;
3)
Changes to the monitoring program;
and
4)
Discussion of error analysis,
detection limits,
observed trends.
c)
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.
ci)
A summary of all modifications including significant
modifications made to the operations during the course
of the year.
e)
Signature
of the person in responsible charge of
preparing the report.
SUBPART
D:
QUARTERLY GROUNDWATER REPORTS
Section 815.401
Scope and Applicability
All landfills regulated under this Part shall file all
groundwater monitoring data with the Agency
in accordance with
the filing schedule of this Subpart, and file modifications,
since
the
last
quaterly
report,
to
any
list
of
background
concentrations prepared in accordance with
35
Ill. Adm.
Code
811.320(d) (1).
112—311
180
Section
815.402
Filing
Schedule
The reports shall be submitted to the Agency on a quarterly
basis,
in accordance with the following schedule:
a)
May
15 for activities
in January, February and March;
b)
August
15
for
activities during April, May and June;
c)
November 15 for activities during July,
August and
September;
and
d)
February 15 for activities during October, November and
December.
SUBPART
E:
INFORMATION TO BE RETAINED ONSITE
Section 815.501
Scope and Applicability
All facilities exempt from permits pursuant to Section 21(d)
of
the Act shall retain,
for Agency inspection,
the information
required to be collected by the operator pursuant to this
Subpart,
at the facility for the entire postclosure care period.
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.
Section 815.502
Acceptance Reports
At the end of each major phase of construction and prior to
placing a structure into use,
the construction quality assurance
officer shall prepare an acceptance report
in accordance with the
requirements of
35 Ill. Adm.
Code 811.505(d).
All acceptance
reports shall be retained at the site
in accordance with this
Subpart.
Section 815.503
Other Information
Information developed by the operator but not yet filed with the
Agency
in
a quarterly or annual report shall be kept at or
near
the facility for inspection by the Agency upon request during
normal working hours.
112—312