ILLINOIS POLLUTION CONTROL BOARD
December 16,
1993
IN THE MATTER OF:
)
)
AMENDMENTS TO LANDFILL
)
REGULATIONS:
DELETION OF
)
R92-19
35 ILL.
ADM.
CODE
)
(Rulemaking)
811.310(d) (1) (F)
AND
813.106(b)
)
PURSUANT
TO
WASTE
MANAGEMENT
)
OF
ILL.
v.
IPCB,
(1st Dist 1992)
)
Adopted Rule.
Correction Order.
ORDER OF THE BOARD
(by G.
T.
Girard):
On June 17,
1993,
the Board adopted the final opinion and
order in this proceeding.
The June 17 order indicated .that
Sections 811.310(c) (5), 811.310(d) (1) (F) and 813.106(b) were to
be deleted from the Board’s rules.
The adopted rule as published
in the July 30,
1993,
Illinois Register at
17 Ill.Reg.
12413 and
12409 also indicated that those three subsections were to be
removed from the Board’s regulations.
However,
it has come to
the Board’s attention that the copy of the rules filed with the
Secretary of State’s administrative code unit for inclusion in
the Administrative Code did not delete the subsections.
This was
an inadvertent typographical error which the Board will today
attempt to correct.
Section 5-85 of the Illinois Administrative Procedure Act
allows an agency to request of the Joint Committee on
Administrative Rules an expedited correction if there are errors
which result in discrepancies between adopted rule text and the
text of rule as previously published in the Illinois Register.
(5 ILCS 100/5-85.)
Clearly, the inadvertent inclusion of
Sections 811.310(c) (5), 811.310(d) (1) (F) and 813.106(b)
in the
adopted rule creates a discrepancy between the rule as published
in the Illinois Register and as adopted.
Therefore, the Board
finds that an expedited correction is proper in this proceeding
and will proceed with the correction.
The Board directs the clerk to file with the Joint Committee
on Administrative Rules all necessary documents to proceed with
an expedited correction pursuant to the Illinois Administrative
Procedure
Act.
The
correction
shall
cause
Sections
811.310
and
813.106 to read as follows:
Section
811.310
Landfill
Gas
Monitoring
a)
This Section applies to all units that dispose
putrescible
wastes.
b)
Location
and
Design
of
Monitoring
Wells
2
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.
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 santpling frequency may be reduced to yearly
3
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.
4)
Monitoring shall be continued for a minimum period
of: thirty years after closure at MSWLF units,
except as otherwise provided by subsections
(c) (5)
and
(c) (6), below; five years after closure at
landfills, other than
MSWLF
units, which are used
exclusively for disposing of wastes generated at
the site; fifteen years after closure at all other
landfills regulated under this Part.
Monitoring,
beyond the minimum period, may
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 Agency may reduce the gas monitoring period at
a MSWLF unit upon a demonstration by the owner or
operator that the reduced period is sufficient to
protect human health and environment.
6)
The owner or operator of a
MSWLF
unit shall
petition the Board for an adjusted standard in
accordance with Section 811.303,
if the owner or
operator seeks a reduction of the postclosure care
monitoring period for all of the following
requirements:
i)
Inspection and maintenance
(Section
811.111);
ii)
Leachate collection (Section 811.309);
iii) Gas monitoring (Section 811.310); and
iv)
Groundwater monitoring (Section
811.319)
BOARD NOTE:
Changes to subsections
(c)
are derived from
40 CFR 258.61
(1992).
4
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; and
E)
Carbon dioxide.
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.
3)
All buildings within a facility shall be monitored
for methane by utilizing continuous detection
devices located at likely points where methane
might enter the building.
Section 813.106
Permit Appeals
If THE AGENCY REFUSES TO GRANT OR GRANTS WITH CONDITIONS A PERMIT
THE APPLICANT
MAY,
WITHIN 35 DAYS, PETITION FOR A HEARING BEFORE
THE BOARD TO CONTEST THE DECISION OF THE AGENCY.
(Section
40(a) (1)
of the Act)
The petition shall be filed,
and the
proceeding conducted,
pursuant to the procedures of Section 40 of
the Act and 35
Ill. Adm. Code 105.
(Source:
Amended at 17 Ill. Rég.
,
effective
)
5
IT
IS
SO
ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby certify that the above order was adopted on the
/~‘~
day of
j-~&-t/
,
1993,
by a vote of
70
~
A.
Dorothy M.,~unn,Clerk
Illinois R9~1lution Control Board