ILLINOIS POLLUTION CONTROL BOARD
    August 15, 1996
    IN THE MATTER OF:
    )
    )
    PROPOSED ALTERNATIVE STANDARDS
    )
    R96-1
    FOR COAL COMBUSTION POWER
    )
    (Rulemaking - Land)
    GENERATING FACILITIES
    1
    WASTE
    )
    LANDFILLS; 35 Ill. Adm. Code Part 816
    )
    Adopted Rule. Final Order.
    OPINION AND ORDER OF THE BOARD (by J. Yi):
    Pursuant to Section 28(a) of the Environmental Protection Act (Act) (415 ILCS 5/28(a)), we
    opened this rulemaking docket on the Board's own motion and adopted a First Notice opinion and
    order on September 21, 1995 and a Second Notice opinion and order on June 20, 1996. The purpose
    of this docket is to consider amendments to 35 Ill. Adm. Code Parts 807, 810 and 811, Standards for
    New Solid Waste Landfills, and to propose new Part 816, which would codify a process to allow the
    use of Poz-O-Tec
    2
    materials as an alternative means of satisfying the liner and cap requirements for
    certain chemical waste landfills. Poz-O-Tec materials are produced through a patented stabilization
    process utilizing flue gas desulfurization (FGD) sludges and ash produced by coal burning power
    generation facilities. The proposed rule and amendments would allow owners of chemical waste
    landfills accepting only FGD sludges and coal combustion wastes to use Poz-O-Tec as a liner and cap
    material, or alternatively, would allow the monofilling of Poz-O-Tec materials for such landfills in place
    of using a liner and cap.
    Today’s action adopts, for Final Order, rules as amended in response to the Joint Committee
    on Administrative Rules (JCAR). JCAR voted no objection to the rules based on the agreements made
    on July 23, 1996.
    PROCEDURAL BACKGROUND
    The proposed rules mirror adjusted standards granted to Conversion Systems, Inc. (CSI) Poz-
    O-Tec process and materials in dockets AS 93-4 and AS 93-5 on July 7, 1995. (In the Matter of:
    1
    The Board has changed the caption of the rulemaking in response to public comments received
    after we adopted the rulemaking for First Notice on September 21, 1995.
    2
    The Poz-O-Tec material, process and name are a registered trademark.

    2
    Adjusted Standard for Conversion Systems' Poz-O-Tec Liners and Caps, 35 Ill. Adm Code 811
    (Liner), (July 7, 1995), AS 93-4 and In the Matter of: Adjusted Standard for Conversion Systems'
    Poz-O-Tec Monofills, 35 Ill. Adm Code 811 (Monofill), (July 7, 1995), AS 93-5.) While the Board
    granted CSI the relief requested in those two dockets, the accompanying Board opinions expressed our
    concern that the adjusted standards impose requirements upon entities or persons using the Poz-O-Tec
    process who were not parties to the adjusted standard proceeding. Therefore, the Board opened this
    docket to allow affected entities and members of the public an opportunity to consider and comment on
    the use of Poz-O-Tec as an alternative to Part 811 at those landfills accepting only FGD sludges and
    coal combustion wastes. In addition, opening this docket was intended to allow for the final adoption of
    rules to be codified in the Administrative Code, thereby increasing their availability to the public and
    allowing the Board to consider amendments or modification as may be necessary at a future date
    through the rulemaking process.
    The rulemaking proposal in the order accompanying this opinion consists of the language
    adopted as adjusted standards in AS 93-4 and AS 93-5 with minor modifications to create a regulation
    instead of an adjusted standard. Both CSI and the Environmental Protection Agency (Agency)
    supported the Board's adoption of this language in those two dockets. On September 21, 1995, the
    Board incorporated by reference the records in AS 93-4 and AS 93-5, as well as AS 92-9, which was
    incorporated by reference into those two proceedings. Based on the information contained in those
    dockets, the Board found that the grant of adjusted standards was technically justified. The Board is
    proposing that this language be codified in a new Part 816, entitled "ALTERNATIVE STANDARDS
    FOR NEW UTILITY WASTE LANDFILLS", at a new Subpart A at Section 816.500 et seq.
    The Board held two hearings in this matter, the first on December 18, 1995, in Springfield and
    the second on March 8, 1996 in Chicago.
    3
    At the Springfield hearing no members of the public were in
    attendance and the only participants were employees of the Agency. (Dec. Tr. at 2-3.) The Agency
    read a short statement into the record which outlined its support of the proposed rulemaking but
    reserved its right to submit further pleadings or testimony in the event of any substantive changes to the
    proposed rulemaking. (Dec. Tr. at 4.) At the March hearing no members of the public attended.
    However, in addition to Agency personal, Mr. Hilton from CSI and Mr. Cunningham representing CSI
    were present at the hearing. (Mar. Tr. at 2.) At this hearing Mr. Hilton gave testimony in support of the
    proposed rule and certain suggested revisions as designated in CSI Exhibit #1. (Mar. Tr. at 6-17.)
    The Board received no public comments during the course of this rulemaking outside of the
    comments made at hearing by CSI.
    THE POZ-O-TEC PROCESS
    3
    The transcripts for those hearings will be referred to as “Dec. Tr. at .” and “Mar. Tr. at .”

    3
    The proposed rules would codify a process which would allow a facility which has decided to
    utilize the Poz-O-Tec process two disposal options: monofilling or constructing a liner and cap of Poz-
    O-Tec materials. Should such facilities choose to use the Poz-O-Tec process, decisions as to which
    option to use would be dependent upon the ratio of flyash and sludge in the waste stream. In the record
    incorporated herein, CSI asserts that most facilities will be able to consistently produce high quality Poz-
    O-Tec materials with a permeability less than or equal to 1 x 10
    -7
    cm/sec. (Pet. at 8.) These materials
    could be disposed of in a monofill.
    For a facility choosing to use the monofill option, the Poz-O-Tec material would initially be
    stockpiled upon production, where it would begin to cure and form a cementitious material. It would
    then be placed upon, or adjacent to, Poz-O-Tec materials already in the landfill. The material would be
    spread in lifts, rolled to smooth, compacted, and graded so that rainfall would run off without puddling.
    No liner, cap, or leachate collection system would be required, since the Poz-O-Tec materials are
    impermeable and do not allow for leachate permeation. Additionally, intermediate cover would not be
    required between lifts, since newly-applied Poz-O-Tec materials will form bonds with the previously-
    landfilled material, forming a monolithic mass.
    However, some facilities will not generate sufficient fly ash to consistently produce materials with
    a permeability less than or equal to 1 x 10
    -7
    cm/sec. (Pet. at 8.) Such a facility may, therefore, choose
    to produce a sufficient quantity of Poz-O-Tec materials to construct a liner and cap meeting the 1 x 10
    -7
    cm/sec. standard. This would be accomplished by storing fly ash until an adequate supply is available to
    produce high quality Poz-O-Tec materials. (Pet. at 8.) According to the proposed rules, the landfill
    would then be constructed and operated in accordance with the chemical waste landfill rules, 35 Ill.
    Adm. Code Parts 811, 812 and 815.
    The proposed regulations set forth criteria to allow a facility to use a Poz-O-Tec liner which is
    at least five feet thick, which has a permeability of 1 x 10
    -7
    cm/sec. or less, and an unconfined
    compressive strength of 150 psi or greater. The permeability and unconfined compressive strength must
    be verified through the construction and field testing of a test pad. The landfill must receive for disposal
    only FGD sludges and coal combustion wastes, and must be constructed at least five feet above the
    water table. The cap could be constructed of the same material as the liner, and must be at least three
    feet thick. The site owner would be required to do site-specific contaminant modeling, groundwater
    modeling and assessment and remedial action.
    PROPOSED FINAL RULE
    The proposed final rule as it appeared at Second Notice remains relatively the same. This
    portion of the opinion will discuss the agreed to changes between the Board and JCAR.
    4
    All of the
    4
    JCAR reviews the Board order after Second Notice and often makes requests of the Board to
    make certain changes to the rulemaking. The Board has the option to accept or to not accept those
    requests. Since all the requested changes were non-substantive we accepted those changes.

    4
    JCAR changes were non-substantive with most of the changes concerning grammar and citation. The
    following is a list of some of the more extensive non-substantive changes.
    Section 810.103 [Definitions]
    JCAR requested the following changes be made during the Second Notice period.
    1.
    Delete “utilize a lime or limestone scrubber system which” and add “and which utilize a
    lime or limestone scrubber system” after “coal” so that the definition now reads:
    “Coal combustion power generating facilities” means establishments which generate
    electricity by combusting coal and which utilize a lime or limestone scrubber system.
    2.
    Add “and” in the definition of “Geotextiles” after “drains,” and before “collecting and”.
    3.
    In the definition of “Lateral expansion” after “October 9, 1993.” delete “For the
    purposes of this Section” and start the sentence with “A horizontal”.
    4.
    In the definition of “Malodor” replace “or to unreasonably interfere” with “or may
    unreasonably interfere”.
    5.
    In the definition of “Significant Modification” change the definition to be:
    "Significant Modification" means a modification to an approved permit issued by
    the Agency in accordance with Section 39 of the Act and 35 Ill. Adm. Code
    813 that is required when one or more of the following changes, (considered
    significant when that change is measured by one or more parameters whose
    values lie outside the expected operating range of values as specified in the
    permit,) are planned, occur or will occur
    6.
    In the definition of “Waste pile” add “of” between “disposed” and “elsewhere” in the
    last sentence.
    7.
    In the definition of “Working face” end the definition with “of”.
    Section 810.104[Incorporations]
    1.
    Change the Source Note to include the Illinois Register reference.
    Section 816.510(c)
    1.
    Change “subsection (c) of Section 816.530” to “Section 816.530(c) of this Part”.

    5
    In addition to these changes the Board, in response to JCAR, included definitions of “Dead
    animal disposal site” and “NPDES permit” in Part 810 which were adopted by the Board in R 95-9.
    ORDER
    The Board hereby proposes the following regulations for Final Adoption pursuant to the IAPA. The
    Board directs the Clerk to submit the following amendments to the Secretary of State.

    6
    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
    Section
    807.101
    Authority, Policy and Purposes
    807.102
    Repeals
    807.103
    Severability
    807.104
    Definitions
    807.105
    Relation to Other Rules
    SUBPART B: SOLID WASTE PERMITS
    Section
    807.201
    Development Permits
    807.202
    Operating Permits
    807.203
    Experimental Permits
    807.204
    Former Authorization
    807.205
    Applications for Permit
    807.206
    Permit Conditions
    807.207
    Standards for Issuance
    807.208
    Permit No Defense
    807.209
    Permit Revision
    807.210
    Supplemental Permits
    807.211
    Transfer of Permits
    807.212
    Permit Revocation
    807.213
    Design, Operation and Maintenance Criteria
    807.214
    Revised Cost Estimates
    SUBPART C: SANITARY LANDFILLS
    Section
    807.301
    Prohibition
    807.302
    Compliance with Permit
    807.303
    Methods of Operation
    807.304
    Equipment, Personnel and Supervision
    807.305
    Cover

    7
    807.306
    Litter
    807.307
    Salvaging
    807.308
    Scavenging
    807.309
    Animal Feeding
    807.310
    Special Wastes
    807.311
    Open Burning
    807.312
    Air Pollution
    807.313
    Water Pollution
    807.314
    Standard Requirements
    807.315
    Protection of Waters of the State
    807.316
    Application
    807.317
    Operating Records
    807.318
    Completion or Closure Requirements
    SUBPART E: CLOSURE AND POST-CLOSURE CARE
    Section
    807.501
    Purpose, Scope and Applicability
    807.502
    Closure Performance Standard
    807.503
    Closure Plan
    807.504
    Amendment of Closure Plan
    807.505
    Notice of Closure and Final Amendment to Plan
    807.506
    Initiation of Closure
    807.507
    Partial Closure
    807.508
    Certification of Closure
    807.509
    Use of Waste Following Closure
    807.523
    Post-closure Care Plan
    807.524
    Implementation and Completion of Post-closure Care Plan
    SUBPART F: FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE
    Section
    807.600
    Purpose, Scope and Applicability
    807.601
    Requirement to Obtain Financial Assurance
    807.602
    Time for Submission of Financial Assurance
    807.603
    Upgrading Financial Assurance
    807.604
    Release of Financial Institution
    807.605
    Application of Proceeds and Appeal
    807.606
    Release of the Operator
    807.620
    Current Cost Estimate
    807.621
    Cost Estimate for Closure
    807.622
    Cost Estimate for Post-closure Care
    807.623
    Biennial Revision of Cost Estimate

    8
    807.624
    Interim Formula for Cost Estimate
    807.640
    Mechanisms for Financial Assurance
    807.641
    Use of Multiple Financial Mechanisms
    807.642
    Use of Financial Mechanism for Multiple Sites
    807.643
    Trust Fund for Unrelated Sites
    807.644
    RCRA Financial Assurance
    807.661
    Trust Fund
    807.662
    Surety Bond Guaranteeing Payment
    807.663
    Surety Bond Guaranteeing Performance
    807.664
    Letter of Credit
    807.665
    Closure Insurance
    807.666
    Self-insurance for Non-commercial Sites
    807.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 Post-closure Care
    Illustration G
    Operator's Bond Without Surety
    Illustration H
    Operator's Bond With Parent Surety
    Illustration I
    Letter from Chief Financial Officer
    807.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. 1991, ch. 111½, pars. 1005, 1021.1, 1022 and 1027
    [415 ILCS 5/5, 21.1, 22, and 27]).
    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 R84-45 at 12 Ill. Reg. 15566, effective September 14, 1988; amended in R88-7 at 14 Ill.
    Reg. 15832, effective September 18, 1990; emergency amendment in R93-25 at 17 Ill. Reg. 17268,
    effective September 24, 1993, for a maximum of 150 days; amended in R90-26 at 18 Ill. Reg. 12451,
    effective August 1, 1994; amended in R96-1 at Ill. Reg. , effective .
    NOTE: Capitalization denotes statutory language.
    SUBPART A: GENERAL PROVISIONS

    9
    Section 807.105
    Relation to Other Rules
    a)
    Persons and facilities regulated pursuant to 35 Ill. Adm. Code 700 through 749 are not
    subject to the requirements of this Part or of 35 Ill. Adm. Code 811 through 815 and
    817. 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
    subject to requirements of this Part and 35 Ill. Adm. Code 811 through 815 and 817.
    b)
    Persons and facilities subject to 35 Ill. Adm. Code 807, 809 or 811 through 815 or
    817 may be subject to other applicable Parts of 35 Ill. Adm. Code: Chapter I based
    on the language of those other Parts. Specific examples of such applicability are
    provided as explained at 35 Ill. Adm. Code 700.102.
    c)
    The requirements of 35 Ill. Adm. Code 810 through 815 and 817 are intended to
    supersede the requirements of this Part. Persons and facilities regulated pursuant to 35
    Ill. Adm. Code 810 through 815 and 817 are not subject to the requirements of this
    Part. This Part does not apply to new units as defined in 35 Ill. Adm. Code 810.103.
    (Source: Amended at 19 Ill. Reg. _________, effective ______________________)

    10
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE G: WASTE DISPOSAL
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER I: 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 28.1 and authorized by Section
    27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021, 1021.1,
    1022, 1022.17 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27].
    SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15838, effective September 18, 1990; amended in R93-
    10 at 18 Ill. Reg. 1268, effective January 13, 1994; amended in R90-26 at 18 Ill. Reg. 12457, effective
    August 1, 1994; amended in R95-9 at 19 Ill. Reg. 14427, effective September 29, 1995; amended in
    R96-1 at 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. Adm. Code 811
    through 815 and 817. This Part does not apply to hazardous waste management facilities regulated
    pursuant to 35 Ill. Adm. Code 700 through 750.
    (Source: Amended at 19 Ill. Reg. _________, effective ______________________)
    Section 810.102
    Severability
    If any provision of this Part or of 35 Ill. Adm. Code 811 through 8157 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 8157 as a whole or of any portion not adjudged invalid.
    (Source: Amended at 19 Ill. Reg. _________, effective ______________________)

    11
    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. 1991, ch. 111½, pars. 1001 et. seq.)
    [415 ILCS 5 et. seq]:
    "Act" means the Environmental Protection Act, Ill. Rev. Stat. 1991, ch. 111½, pars.
    1001 et. seq [415 ILCS 5].
    "AGENCY" IS THE ENVIRONMENTAL PROTECTION AGENCY
    ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT. (Section
    3.08 of the Act.)
    "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.
    "AGENCY" IS THE ENVIRONMENTAL PROTECTION AGENCY
    ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT. (Section
    3.08 of the Act)
    "Applicant" means the person, submitting an application 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 Illinois Groundwater Protection Act (Ill. Rev. Stat. 1989, ch.
    111 1/2, par. 7453) [415 ILCS 55/3].)
    "Bedrock" means the solid rock formation immediately underlying any loose superficial
    material such as soil, alluvium or glacial drift.
    "Beneficially usable waste" means any solid waste from the steel and foundry industries
    that will not decompose biologically, burn, serve as food for vectors, form a gas, cause
    an odor, or form a leachate that contains constituents that exceed the limits for this type
    of waste as specified at 35 Ill. Adm. Code 817.106.

    12
    "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
    berms.
    "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.
    "Coal combustion power generating facilities" means establishments which generate
    electricity by combusting coal and which utilize a lime or limestone scrubber system.
    "Contaminated leachate" means any leachate whose constituent violate the standards of
    35 Ill. Adm. Code 811.202.
    “Dead animal disposal site” means an on-the-farm disposal site at which the burial of
    dead animals is done in accordance with the Illinois Dead Animal Act, 225 ILCS 610,
    and regulations adopted pursuant thereto, 8 Ill. Adm. Code 90.
    "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 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

    13
    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 hypotheses.
    "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.
    "EXISTING MSWLF UNIT" MEANS ANY MUNICIPAL SOLID WASTE
    LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE BEFORE
    OCTOBER 9, 1993. (Section 3.87 of the Act)
    "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 stations.
    "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.
    "Foundry sand" means pure sand or a mixture of sand and any additives necessary for
    use of the sand in the foundry process, but does not include such foundry process by-
    products as air pollution control dust or refractories.
    "Gas collection system" means a system of wells, trenches, pipes and other related
    ancillary structures such as manholes, compressor housing, and monitoring installations
    that collects and 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 pro-
    duced 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 atmo-
    sphere.
    "Geomembranes" means manufactured membrane liners and barriers of low
    permeability used to control the migration of fluids or gases.

    14
    "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,
    and 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)
    "HOUSEHOLD WASTE" MEANS ANY SOLID WASTE (INCLUDING
    GARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS) DERIVED
    FROM HOUSEHOLDS (INCLUDING SINGLE AND MULTIPLE RESIDENCES,
    HOTELS AND MOTELS, BUNKHOUSES, RANGER STATIONS, CREW
    QUARTERS, CAMPGROUNDS, PICNIC GROUNDS, AND DAY-USE
    RECREATION AREAS). (Section 3.89 of the 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 35 Ill. Adm. Code 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).
    "Iron slag" means slag.
    "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. Adm. Code: Chapter I
    may apply, and may include the permitting requirements of 35 Ill. Adm. 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.

    15
    "LATERAL EXPANSION" MEANS A HORIZONTAL EXPANSION OF THE
    ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT
    OCCURRING ON OR AFTER OCTOBER 9, 1993. FOR PURPOSES OF THIS
    SECTION, A HORIZONTAL EXPANSION IS ANY AREA WHERE SOLID
    WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON THE BOTTOM
    LINER OF THE UNIT, EXCLUDING SIDE SLOPES ON OR AFTER OCTOBER
    9, 1993. (Section 3.88 Of the Act)
    "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.
    "Low risk waste" means any solid waste from the steel and foundry industries that will
    not decompose biologically, burn, serve as food for vectors, form a gas, cause an odor,
    or form a leachate that contains constituents that exceed the limits for this type of waste
    as specified at 35 Ill. Adm. Code 817.106.
    "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 may UNREASONABLY INTERFERE WITH THE ENJOYMENT OF
    LIFE OR PROPERTY. (Section 3.02 of the Act (defining "air pollution").)
    "MUNICIPAL SOLID WASTE LANDFILL UNIT" OR "MSWLF UNIT" MEANS
    A CONTIGUOUS AREA OF LAND OR AN EXCAVATION THAT RECEIVES
    HOUSEHOLD WASTE, AND THAT IS NOT A LAND APPLICATION,
    SURFACE IMPOUNDMENT, INJECTION WELL, OR ANY PILE OF
    NONCONTAINERIZED ACCUMULATIONS OF SOLID, NONFLOWING
    WASTE THAT IS USED FOR TREATMENT OR STORAGE. A MSWLF UNIT
    MAY ALSO RECEIVE OTHER TYPES OF RCRA SUBTITLE D WASTES,
    SUCH AS COMMERCIAL SOLID WASTE, NONHAZARDOUS SLUDGE,
    SMALL QUANTITY GENERATOR WASTE AND INDUSTRIAL SOLID
    WASTE. SUCH A LANDFILL MAY BE PUBLICLY OR PRIVATELY OWNED
    OR OPERATED. A MSWLF UNIT MAY BE A NEW MSWLF UNIT, AN
    EXISTING MSWLF UNIT OR A LATERAL EXPANSION. A SANITARY
    LANDFILL IS SUBJECT TO REGULATION AS A MSWLF IF IT RECEIVES
    HOUSEHOLD WASTE. (Section 3.85 of the Act)
    "National Pollutant Discharge Elimination System" or "NPDES" means the program for
    issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits

    16
    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.
    “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 September 18, 1990;
    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 September 18, 1990; or
    It is a landfill with a unit whose maximum design capacity or lateral extent is
    increased after September 18, 1990.
    BOARD NOTE: A new unit located in an existing facility shall be considered a unit
    subject to 35 Ill. Adm. Code 814, which references applicable requirements of 35 Ill.
    Adm. Code 811.
    "NEW MSWLF UNIT" MEANS ANY MUNICIPAL SOLID WASTE LANDFILL
    UNIT THAT HAS RECEIVED HOUSEHOLD WASTE ON OR AFTER
    OCTOBER 9, 1993 FOR THE FIRST TIME. (Section 3.86 of the Act)
    "One hundred (100) 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 (100) 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.
    "Owner" means a person who has an interest, directly or indirectly, in land, including a
    leasehold interest, on which a person operates and maintains a solid waste disposal
    facility. The "owner" is the "operator" if there is no other person who is operating and
    maintaining a solid waste disposal facility.

    17
    "Perched watertable " means an elevated watertable above a discontinuous saturated
    lens, 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.)
    "Potentially usable waste" means any solid waste from the steel and foundry industries
    that will not decompose biologically, burn, serve as food for vectors, form a gas, cause
    an odor, or form a leachate that contains constituents that exceed the limits for this type
    of waste as specified at 35 Ill. Adm. Code 817.106.
    "Poz-O-Tec materials" means materials produced by a stabilization process patented
    by Conversion Systems, Inc. utilizing flue gas desulfurization (FGD) sludges and ash
    produced by coal combustion power generation facilities as raw materials.
    "Poz-O-Tec monofill" means a landfill in which solely Poz-O-Tec materials are placed
    for disposal.
    "Professional engineer" means a person who has registered and obtained a seal pursuant
    to "The Illinois Professional Engineering Practice Act of 1989" (Ill. Rev. Stat 1989, ch.
    111, par. 5101 et seq.) [225 ILCS 325/1 set seq].
    "Professional land surveyor" means a person who has received a certificate of
    registration and a seal pursuant to "Illinois Professional The Land Surveyors Act of
    1989" (Ill. Rev. Stat. 1989, ch. 111, par. 3201 et seq.) [225 ILCS 330/1 et seq].
    "Putrescible waste" means a solid waste that contains organic matter capable of being
    decomposed by microorganisms so as to cause a malodor, gases, or other offensive
    conditions, or which is capable of providing food for birds and vectors. Putrescible
    wastes may form a contaminated leachate from 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.

    18
    "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.
    "RESOURCE CONSERVATION RECOVERY ACT" or "RCRA" MEANS THE
    RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L. 94-580
    Codified as 42 USC. §§ 6901 et seq.) AS AMENDED. (Section 3.90 of the Act)
    "Recharge zone" means an area through which water can enter an aquifer.
    "RESOURCE CONSERVATION RECOVERY ACT" or "RCRA" MEANS THE
    RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L. 94-580
    Codified as 42 USC. §§ 6901 et seq.) AS AMENDED. (Section 3.90 of the Act)
    "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 channel, 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 supervision 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.
    "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.

    19
    "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 issued by the
    Agency in accordance with Section 39 of the Act and 35 Ill. Adm. Code 813 that is
    required when one or more of the following changes, (considered significant when that
    change is measured by one or more parameters whose values lie outside the expected
    operating range of values 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;
    A decrease in the quality or quantity of data from any environmental monitoring
    system;
    A change in the applicable background concentrations or the maximum
    allowable predicted concentrations;
    A change in the design or configuration of the regraded area after development
    or after final closure;

    20
    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.
    "Slag" means the fused agglomerate which separates in the iron and steel production and
    floats on the surface of the molten metal.
    "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.
    "Steel slag" means slag.
    "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. Adm.
    Code: Chapter I may apply, including the permitting requirements of 35 Ill. Adm. Code
    309.

    21
    "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 or 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 non-containerized masses of solid, non flowing
    wastes are placed for disposal. For the purposes of this Part and 35 Ill. Adm. 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 preceding year the waste has
    been removed for utilization or disposed disposal 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 of.
    "Zone of attenuation" is the three dimensional region formed by excluding the volume
    occupied by the waste 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.
    (Source: Amended at 19 Ill. Reg. _________, effective ______________________)
    Section 810.104
    Incorporations by Reference
    a)
    The Board incorporates the following material by reference:
    1)
    Code of Federal Regulations:
    40 CFR 141.40 (1988).

    22
    40 CFR 258.Appendix II (1992).
    2)
    American Institute of Certified Public Accountants, 1211 Avenue of the
    Americas, New York NY 10036:
    Auditing Standards-Current Text, August 1, 1990 Edition.
    3)
    ASTM. American Society for Testing and Materials, 1976 Race Street,
    Philadelphia PA 19103, (215) 299-5585 (610) 832-9585:
    Method D2234-76, Test Method for Collection of Gross Samples of
    Coal.
    Method D3987-85, Standard Test Method for Shake Extraction of
    Solid Waste with Water.
    Method D5102, Standard Test Method for Unconfined Compressive
    Strength of Cohesive Soils (1990).
    4)
    U.S. Government Printing Office, Washington, D.C. 20402, Ph: (202) 783-
    3238:
    Test Methods for Evaluating Solid Waste, Physical/Chemical methods
    Methods, EPA Publication SW-846 (Third Edition, 1986 as amended
    by Update I) (November, 1990)
    5)
    U.S. Army Corps of Engineers, Publication Department, 2803 52nd Ave.,
    Hyattville, Maryland 20781, (301) 394-0081:
    Engineering Manual 1110-2-1906 Appendix VII, Falling-Head
    Permeability Test with Permeameter Cylinder (1986).
    b)
    This incorporation includes no later amendments or editions.
    (Source: Amended at 19 Ill. Reg. 14427, effective September 29, 1995)

    23
    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
    Scope and Applicability
    811.102
    Location Standards
    811.103
    Surface Water Drainage
    811.104
    Survey Controls
    811.105
    Compaction
    811.106
    Daily Cover
    811.107
    Operating Standards
    811.108
    Salvaging
    811.109
    Boundary Control
    811.110
    Closure and Written Closure Plan
    811.111
    Postclosure Maintenance
    SUBPART B: INERT WASTE LANDFILLS
    Section
    811.201
    Scope and Applicability
    811.202
    Determination of Contaminated Leachate
    811.203
    Design Period
    811.204
    Final Cover
    811.205
    Final Slope and Stabilization
    811.206
    Leachate Sampling
    811.207
    Load Checking
    SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
    Section
    811.301
    Scope and Applicability
    811.302
    Facility Location
    811.303
    Design Period
    811.304
    Foundation and Mass Stability Analysis
    811.305
    Foundation Construction
    811.306
    Liner Systems

    24
    811.307
    Leachate Drainage System
    811.308
    Leachate Collection System
    811.309
    Leachate Treatment and Disposal System
    811.310
    Landfill Gas Monitoring
    811.311
    Landfill Gas Management System
    811.312
    Landfill Gas Processing and Disposal System
    811.313
    Intermediate Cover
    811.314
    Final Cover System
    811.315
    Hydrogeological Site Investigations
    811.316
    Plugging and Sealing of Drill Holes
    811.317
    Groundwater Impact Assessment
    811.318
    Design, Construction, and Operation of Groundwater Monitoring Systems
    811.319
    Groundwater Monitoring Programs
    811.320
    Groundwater Quality Standards
    811.321
    Waste Placement
    811.322
    Final Slope and Stabilization
    811.323
    Load Checking Program
    811.324
    Corrective Action Measures for MSWLF Units
    811.325
    Selection of Remedy for MSWLF Units
    811.326
    Implementation of the corrective action program at MSWLF Units
    SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
    Section
    811.401
    Scope and Applicability
    811.402
    Notice to Generators and Transporters
    811.403
    Special Waste Manifests
    811.404
    Identification Record
    811.405
    Recordkeeping Requirements
    811.406
    Procedures for Excluding Regulated Hazardous Wastes
    SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
    Section
    811.501
    Scope and Applicability
    811.502
    Duties and Qualifications of Key Personnel
    811.503
    Inspection Activities
    811.504
    Sampling Requirements
    811.505
    Documentation
    811.506
    Foundations and Subbases
    811.507
    Compacted Earth Liners
    811.508
    Geomembranes
    811.509
    Leachate Collection Systems

    25
    SUBPART G: FINANCIAL ASSURANCE
    Section
    811.700
    Scope, Applicability and Definitions
    811.701
    Upgrading Financial Assurance
    811.702
    Release of Financial Institution
    811.703
    Application of Proceeds and Appeals
    811.704
    Closure and Postclosure Care Cost Estimates
    811.705
    Revision of Cost Estimate
    811.706
    Mechanisms for Financial Assurance
    811.707
    Use of Multiple Financial Mechanisms
    811.708
    Use of a Financial Mechanism for Multiple Sites
    811.709
    Trust Fund for Unrelated Sites
    811.710
    Trust Fund
    811.711
    Surety Bond Guaranteeing Payment
    811.712
    Surety Bond Guaranteeing Performance
    811.713
    Letter of Credit
    811.714
    Closure Insurance
    811.715
    Self-Insurance for Non-commercial Sites
    811.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
    Illustration G
    Operator's Bond Without Surety
    Illustration H
    Operator's Bond With Parent Surety
    Illustration I
    Letter from Chief Financial Officer
    811.Appendix B
    Section-by-Section Correlation Between the Requirements of the Federal
    MSWLF Regulations at 40 CFR 258 (1992) and the Requirements of Parts
    810 through 814.
    AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 22.40 and 28.1 and authorized by
    Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021,
    1021.1, 1022, 1022.17, 1028.1 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17, 22.40, 28.1 and 27].
    SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15861, effective September 18, 1990; amended in R92-
    19 at 17 Ill. Reg. 12413, effective July 19, 1993; amended in R93-10 at 18 Ill. Reg. 1308, effective
    January 13, 1994; expedited correction at 18 Ill. Reg. 7504, effective July 19, 1993; amended in R90-
    26 at 18 Ill. Reg. 12481, effective August 1, 1994; amended in R96-1 at Ill. Reg. , effective .

    26
    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 as otherwise provided in 35
    Ill. Adm. Code 816 and 817, and 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)
    All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
    c)
    Standards for Municipal Solid Waste landfills
    1)
    The standards of this Part also apply to all new MSWLF units, as defined at 35
    Ill. Adm. Code 810.103. The standards for the new MSWLF units include:
    A)
    The standards applicable to new landfills pursuant to subsection (a); and
    B)
    The standards adopted in this part that are identical-in-substance to the
    federal regulations promulgated by the U.S. Environmental Protection
    Agency pursuant Sections 4004 and 4010 of the RCRA relating to
    MSWLF program. Such standards are individually indicated as
    applicable to MSWLF units.
    2)
    The Appendix Table 811.Appendix B provides a Section-by-Section
    correlation between the requirements of the federal MSWLF regulations at 40
    CFR 258 (1992) and the requirements of this Part.
    3)
    An owner or operator of a MSWLF unit shall also comply with any other
    applicable Federal rules, laws, regulations, or other requirements.
    BOARD NOTE: Subsection (c)(3) is derived from 40 CFR 258.3 (1992).
    (Source: Amended at 19 Ill. Reg. _________, effective ______________________)

    27
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE B: WASTE DISPOSAL
    SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
    PART 816
    ALTERNATIVE STANDARDS FOR COAL COMBUSTION POWER GENERATING
    FACILITIES WASTE LANDFILLS
    Section
    816.500
    Scope and Applicability
    816.510
    Poz-O-Tec Liners and Caps
    816.520
    Poz-O-Tec Monofills
    816.530
    Testing of Poz-O-Tec Liners and Caps, and Poz-O-Tec Monofills
    AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and authorized by Section 27
    of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27].
    SOURCE: Adopted in R96-1 at 19 Ill. Reg. , effective .
    Section 816.500
    Scope and Applicability
    a)
    Except as otherwise specified in this Subpart, landfills receiving solely flue gas
    desulfurization (FGD) sludges and coal combustion wastes produced by coal
    combustion power generating facilities shall be designed, constructed and operated in
    compliance with all applicable requirements of 35 Ill. Adm. Code 811, 812 and 815.
    b)
    All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
    Section 816.510
    Poz-O-Tec Liners and Caps
    Notwithstanding the liner and cap requirements set forth at 35 Ill. Adm. Code 811.306, 811.314 (solely
    to the extent that it may preclude Poz-O-Tec materials from being used as a landfill cap or liner) and
    811.507(a)(5), FGD sludges and coal combustion waste produced by coal combustion power
    generating facilities may be used for liner or cap construction for the purposes of Subpart C of Part 811,
    provided that:
    a)
    These raw FGD sludges and coal combustion wastes have been processed into Poz-O-
    Tec materials;

    28
    b)
    The permeability of the liner constructed of Poz-O-Tec material is demonstrated to be
    less than or equal to 1 x 10
    -7
    cm/sec after placement and curing based upon a geometric
    average of the permeability testing results prior to the placement of any waste upon the
    liner;
    c)
    The Poz-O-Tec material has an unconfirmed compressive strength of greater than or
    equal to 150 psi based upon an arithmetic average of the strength testing results
    obtained in accordance with Section 816.530(c) of this Part;
    d)
    The bottom liner has a minimum thickness of three feet but this thickness may be
    increased as necessary to make the demonstrations required by 35 Ill. Adm. Code 812
    or 815;
    e)
    The base of the liner is constructed at least five feet above the average historical
    groundwater table;
    f)
    Only coal combustion wastes and FGD sludges produced from power generating
    facilities are placed into the landfill;
    g)
    A final cover system is installed in accordance with the requirements of 35 Ill. Adm.
    Code 811.314 except that the low permeability layer of the cap shall consist of Poz-O-
    Tec materials which are at least three feet thick;
    h)
    The material testing procedures specified in Section 816.530 are implemented;
    i)
    The landfill is designed, constructed and operated in compliance with all applicable
    requirements of 35 Ill. Adm. Code 811, 812 and 815;
    j)
    The bottom liner and low permeability layer of the cap are constructed according to a
    construction quality assurance program in accordance with 35 Ill. Adm. Code
    811.Subpart E;
    k)
    An acceptable groundwater impact assessment pursuant to 35 Ill. Adm. Code
    811.317(b), 812.316, 813.304, or 815.203, as appropriate for the given facility, is
    submitted to the Agency by the owner or operator;
    l)
    A test liner is constructed by the owner or operator, so that all that remains is the curing
    of the test liner, before construction of the actual full-scale liner of Poz-O-Tec material
    may commence, in accordance with 35 Ill. Adm. Code 811.507(a)(1) through (4). The
    test liner must be fully evaluated in accordance with Section 816.530 and the results
    must be provided to the Agency. If the test liner evaluation results indicate a failure of
    the test liner to meet any of the performance standards in this Section, and if the Agency

    29
    so directs, the user must excavate and properly dispose of all Poz-O-Tec liners at the
    site, as well as any waste deposited in and around such liners; and
    m)
    Owners or operators using Poz-O-Tec materials in accordance with this Section shall
    comply with the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.) and 35 Ill.
    Adm. Code 807, 810, and 811, to the extent those provisions are not otherwise
    addressed herein.
    Section 816.520
    Poz-O-Tec Monofills
    Any monofill receiving solely FGD sludges and coal combustion wastes produced by coal combustion
    power generating facilities shall be exempt from the requirements of 35 Ill. Adm. Code 811.105 (solely
    as it relates to the placement of wastes at the lowest part of the active face), 811.306, 811.307,
    811.308, 811.309, 811.313 (solely as it relates to soil cover), 811.314(b)(3)(C) (solely to the extent
    that it may preclude Poz-O-Tec materials from being used as a landfill cap) and 811.321 (relating solely
    to waste placement), provided that:
    a)
    The FGD sludges and coal combustion wastes have been processed into Poz-O-Tec
    materials;
    b)
    The permeability of the liner constructed of Poz-O-Tec material is demonstrated to be
    less than or equal to 1 x 10
    -7
    cm/sec after placement and curing based upon a geometric
    average of those cylinders tested for permeability which were formed from a single
    sample in accordance with Section 816.530(b);
    c)
    The Poz-O-Tec material has an unconfined compressive strength of greater than or
    equal to 150 psi using an arithmetic average of the strength testing results obtained in
    accordance with Section 816.530;
    d)
    The base of the monofill is constructed at least five feet above the average historical
    groundwater table;
    e)
    A monofill liner and low permeability cap is constructed from the Poz-O-Tec materials
    as described in Section 816.510;
    f)
    A drainage layer is constructed atop the monofill liner which has a permeability greater
    than or equal to 1 x 10
    -3
    cm/sec which extends over the entire liner system of the
    monofill;
    g)
    The material is placed in such a manner that it will form a monolithic block through
    placement of the material in one to two foot lifts, which are compacted, rolled to smooth
    and graded and sloped such that any rainfall rapidly runs off the upper surface without
    puddling;

    30
    h)
    At all times a berm is maintained around three sides of the landfill mass and the grading
    is such that the run-off is directed toward the open side where it is collected for reuse or
    treated (if necessary) and discharged pursuant to an NPDES permit;
    i)
    The material testing procedures specified in Section 816.530 are implemented;
    j)
    Construction of the full scale monofill may commence immediately upon completion of
    the test pad;
    k)
    An acceptable groundwater impact assessment pursuant to 35 Ill. Adm. Code
    811.371(b), 812.316, 813.304, or 815.203, as appropriate for the given facility, is
    prepared; and
    l)
    Owners or operators using the Poz-O-Tec materials in accordance with this section
    shall comply with the Illinois Environmental Protection Act [415 ILCS 5] and 35 Ill.
    Adm. Code 811, to the extent those provisions are not otherwise addressed herein.
    Section 816.530
    Testing of Poz-O-Tec Liners and Caps and Poz-O-Tec Monofills
    The owner or operator shall implement the following material testing procedures for testing Poz-O-Tec
    liners and caps and Poz-O-Tec Monofills:
    a)
    Creation and Sampling of Test Pad
    1)
    The owner or operator shall construct a test pad in accordance with 35 Ill.
    Adm. Code 811.507(a), unless such construction is waived by the Agency
    pursuant to subsection (b) of that section;
    2)
    The test pad shall be allowed to cure for 56 days at 73
    o
    Fahrenheit (or
    equivalent cure);
    3)
    After curing, fifty samples shall be taken using a 4 inch diameter coring bit; and
    4)
    The specimens shall be trimmed to proctor cylinder size utilizing an abrasive
    blade masonry saw, and tested for unconfined compressive strength and
    coefficient of permeability as described in subsection C, below. Of the
    specimens taken from the pad, 20 shall be analyzed for their coefficient of
    permeability and 30 shall be analyzed for their unconfined compressive strength.
    b)
    Collection of Production Samples

    31
    The owner or operator shall collect samples from the production of Poz-O-Tec in the following
    manner:
    1)
    Utilizing a large scoop, five gallon buckets of freshly produced material shall be
    collected at uniform intervals during construction of the test pad and shipped to
    a laboratory for analysis.
    2)
    Five proctor cylinder specimens shall be prepared from each bucket of freshly
    produced material. Three of these five cylinders shall be tested for unconfined
    compressive strength and the other two shall be tested for permeability.
    3)
    Additional uncured samples shall be taken as necessary for preparation and
    testing to determine moisture content, lime content, the ratio of fly ash to sludge
    and in-place density. Testing for these parameters shall be conducted in
    accordance with standard test methods.
    c)
    Strength and Permeability Testing
    1)
    Uncured samples shall be taken to a laboratory, placed into proctor cylinders,
    compacted to simulate field conditions, cured in sealed containers for 56 days at
    73
    o
    (or equivalent cure) and tested for coefficient of permeability and
    unconfined strength using the following test methods, which are incorporated by
    reference in 35 Ill. Adm. Code 810.104:
    A)
    U.S. Army Corps of Engineers Engineering Manual 1110-2-
    1906 Appendix VII, Falling-Heal Permeability Test with
    Permeameter Cylinder.
    B)
    ASTM Method D5102; Standard Method for Unconfined
    Compressive Strength of Cohesive Soils.
    2)
    Field samples shall be tested using the same methods as specified in subsection
    (c)(1) above.
    d)
    Data Correlation
    Laboratory data and field data shall be compared to determine any statistically
    significant differences using standard statistical correlation methodologies.
    e)
    Subsequent Testing
    Upon completion of field verification, as described above in (c)(2), the owner
    or operator of the site shall conduct quality control/quality assurance testing by

    32
    taking monthly samples of freshly produced Poz-O-Tec materials and sending
    those samples to a laboratory where they shall be formed into proctor cylinder
    specimens for testing. Two of those samples shall be tested for their coefficient
    of permeability, three for unconfined compressive strength, and one each for the
    parameters set forth in subsection (b)(3) above. Laboratory testing for
    permeability and strength must be conducted in accordance with the test
    methods referenced in subsection (c) above. Test results must demonstrate a
    coefficient of permeability of less than or equal to 1 x 10
    -7
    cm/sec using a
    geometric average of the permeability testing results, and an unconfined
    compressive strength of greater than or equal to 150 psi using an arithmetic
    average of the strength testing results.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    opinion and order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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