TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 615
EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE
AREA
SUBPART A: GENERAL
Section
615.101 Purpose
615.102 Definitions
615.103
Incorporations by Reference
615.104 Prohibitions
615.105 General Exceptions
SUBPART B: GROUNDWATER MONITORING REQUIREMENTS
Section
615.201 Applicability
615.202 Compliance Period
615.203
Compliance with Groundwater Standards
615.204
Groundwater Monitoring System
615.205
Groundwater Monitoring Program
615.206
Contaminants to be Monitored
615.207 Sampling Frequency
615.208 Reporting
615.209
Non-Compliance Response Program
615.210
Alternate Non-Compliance Response Program
615.211
Corrective Action Program
SUBPART C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
Section
615.301 Applicability
615.302
Closure Performance Standard
615.303
Certification of Closure
615.304 Survey Plat
615.305
Post-Closure Notice for Waste Disposal Units
615.306
Certification of Completion of Post-Closure Care
615.307
Post-Closure Care Period
SUBPART D: ON-SITE LANDFILLS
Section
615.401 Applicability
615.402
Required Closure of Units Located Within Minimum Setback Zones
615.403
Required Closure of Units Located Within Maximum Setback Zones
615.404
Required Closure of Units Located Within Regulated Recharge Areas
SUBPART E: ON-SITE LAND TREATMENT UNITS
Section
615.421 Applicability
615.422
Required Closure of Units Located Within Minimum Setback Zones
615.423
Required Closure of Units Located Within Maximum Setback Zones
615.424
Land Treatment of Sludges in Maximum Setback Zones
615.425
Closure and Post-Closure Care
SUBPART F: ON-SITE SURFACE IMPOUNDMENTS
Section
615.441 Applicability
615.442
Required Closure of Units Located Within Minimum Setback Zones
615.443
Required Closure of Units Located Within Maximum Setback Zones
615.444 Groundwater Monitoring
615.445 Inspection Requirements
615.446 Operating Requirements
615.447
Closure and Post-Closure Care
SUBPART G: ON-SITE WASTE PILES
Section
615.461 Applicability
615.462 Required Closure
615.463
Design and Operating Requirements
615.464 Closure
SUBPART H: UNDERGROUND STORAGE TANKS
Section
615.501 Applicability
615.502
Design and Operating Requirements
SUBPART I: PESTICIDE STORAGE AND HANDLING UNITS
Section
615.601 Applicability
615.602 Groundwater Monitoring
615.603
Design and Operating Requirements
615.604
Closure and Post-Closure Care
SUBPART J: FERTILIZER STORAGE AND HANDLING UNITS
Section
615.621 Applicability
615.622 Groundwater Monitoring
615.623
Design and Operating Requirements
615.624
Closure and Post-Closure Care
SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS
Section
615.701 Applicability
615.702
Required Closure of Units Located Within Minimum Setback Zones
615.703 Groundwater Monitoring
615.704
Design and Operating Requirements for Above-Ground Storage Tanks
615.705 Closure
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
Section
615.721 Applicability
615.722 Groundwater Monitoring
615.723
Design and Operating Requirements
615.724 Closure
AUTHORITY: Implementing and authorized by Sections 5, 14.4, 21, 22, and 27 of the
Environmental Protection Act [415 ILCS 5/5, 14.4, 21, 22, and 27].
SOURCE: Adopted in R89-5 at 16 Ill. Reg. 1538, effective January 10, 1992; amended in
R92-20 at 17 Ill. Reg. 1871, effective January 28, 1993; amended in R96-18 at 21 Ill. Reg.,
6503, effective May 8, 1997.
SUBPART A: GENERAL
Section 615.101 Purpose
This Part prescribes requirements and standards for the protection of groundwater for
certain types of existing facilities or units located wholly or partially within a setback
zone regulated by the Act or within a regulated recharge area as delineated pursuant to
Section 17.4 of the Act.
Section 615.102 Definitions
Except as stated in this Section, and unless a different meaning of a word or term is clear
from the context, the definitions of words or terms in this Part shall be the same as those
used in the Act or the Illinois Groundwater Protection Act [415 ILCS 55]:
"Above-ground storage tank" means a storage tank that is not an underground storage tank.
"Act" means the Environmental Protection Act [415 ILCS 5].
"Agency" means the Illinois Environmental Protection Agency.
"Board" means the Illinois Pollution Control Board.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"COMMUNITY WATER SUPPLY" MEANS A PUBLIC SUPPLY WHICH SERVES OR
IS INTENDED TO SERVE AT LEAST 15 SERVICE CONNECTIONS USED BY
RESIDENTS OR REGULARLY SERVES AT LEAST 25 RESIDENTS. (Section 3.05 of
the Act)
"Compliance point" means any point in groundwater designated at 35 Ill. Adm. Code
620.Subpart B as a Class I through III groundwater at which a contaminant released from
the unit could pass underneath the unit boundary. There may be more than one compliance
point for a particular unit.
"Commencement of construction" means that ALL NECESSARY FEDERAL, STATE,
AND LOCAL APPROVALS HAVE BEEN OBTAINED, AND WORK AT THE SITE
HAS BEEN INITIATED AND PROCEEDS IN A REASONABLY CONTINUOUS
MANNER TO COMPLETION. (Section 3.58 of the Act)
"Container" means any portable device (including, but not limited to, 55 gallon drums) in
which material is stored, treated, disposed of or otherwise handled. The term "container"
does not include a vehicle used to transport material.
"Containerized" means being in a container.
"CONTAMINANT" IS ANY SOLID, LIQUID, OR GASEOUS MATTER, ANY ODOR,
OR ANY FORM OF ENERGY, FROM WHATEVER SOURCE. (Section 3.06 of the Act)
"CONTAMINATION" OR "CONTAMINATE", WHEN USED IN CONNECTION WITH
GROUNDWATER, MEANS WATER POLLUTION OF SUCH GROUNDWATER.
(Section 3.63 of the Act)
"Date of first applicability" means the effective date of this Part for any unit located within
a minimum setback zone, except that:
If a unit is first incorporated into any setback zone by an ordinance or regulation that
establishes a maximum setback zone, the date of first applicability is the effective date of
this Part or the effective date of the ordinance or regulation that establishes the maximum
setback zone, whichever is later; or
If a unit is located in a part of a regulated recharge area that was not previously part of a
setback zone, the date of first applicability is the effective date of the regulation that
establishes the regulated recharge area.
"De-Icing agent" means a chemical used for de-icing, including but not limited to sodium
chloride and calcium chloride. Sand, ashes, or other abrasive materials that do not alter the
freezing point of water are not de-icing agents.
"Detection" means the identification of a contaminant in a sample at a value equal to or
greater than the:
"Method Detection Limit" or "MDL", which means the minimum concentration of a
substance that can be measured as reported with 99 percent confidence that the true value is
greater than zero pursuant to 56 Fed. Reg. 3526-3597; incorporated by reference at Section
615.103; or
"Method Quantitation Limit" or "MQL", which means the minimum concentration of a
substance that can be measured and reported pursuant to "Test Methods for Evaluating
Solid Wastes, Physical/ Chemical Methods", incorporated by reference at Section 615.103.
"Dike" means an embankment or ridge of either natural or manmade materials used to
prevent the movement of liquids, sludges, solids, or other materials.
"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying or dumping of any material onto or on any land or water.
"DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION, DUMPING,
SPILLAGE, LEAKING OR PLACING OF ANY WASTE OR HAZARDOUS WASTE
INTO OR ON ANY LAND OR WATER OR INTO ANY WELL SO THAT SUCH
WASTE OR HAZARDOUS WASTE OR ANY CONSTITUENT THEREOF MAY
ENTER THE ENVIRONMENT OR BE EMITTED INTO THE AIR OR DISCHARGED
INTO ANY WATERS, INCLUDING GROUNDWATERS. (Section 3.08 of the Act)
"Existing unit" means a unit that was in operation or for which there is commencement of
construction on or before the date of first applicability, except that a unit is not an existing
unit if the unit:
Expands laterally beyond the currently permitted boundary, or the unit boundary if the unit
is not permitted, in existence after the date of first applicability; or
Is part of a facility that undergoes major reconstruction after the date of first applicability;
or
Reopens at any time after having submitted a certification of closure to the Agency.
"Facility" means all contiguous land and structures, other appurtenances and improvements
on the land used for the treating, storing, handling, or disposal of any material which causes
that unit to be regulated under this Part. A facility may consist of one or more units.
"Freeboard" means the vertical distance between the top of a tank or dike and the surface of
the material contained therein.
"Free liquids" means liquids which readily separate from the solid portion of a waste under
ambient temperature and pressure. To demonstrate the absence or presence of free liquids
in either a containerized or a bulk waste, the following test must be used: Method 9095
(Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods" (EPA Publication No. SW-846), incorporated by reference at
Section 615.103.
"GROUNDWATER" MEANS UNDERGROUND WATER WHICH OCCURS WITHIN
THE SATURATED ZONE AND GEOLOGIC MATERIALS WHERE THE FLUID
PRESSURE IN THE PORE SPACE IS EQUAL TO OR GREATER THAN
ATMOSPHERIC PRESSURE. (Section 3.64 of the Act)
"Groundwater standards" means the water quality standards for groundwater adopted by the
Board under Section 8 of the Illinois Groundwater Protection Act [415 ILCS 55] and found
at 35 Ill. Adm. Code 620.
"HAZARDOUS WASTE" MEANS A WASTE, OR COMBINATION OF WASTES,
WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL,
CHEMICAL, OR INFECTIOUS CHARACTERISTICS MAY CAUSE OR
SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN MORTALITY OR AN
INCREASE IN SERIOUS, IRREVERSIBLE, OR INCAPACITATING REVERSIBLE,
ILLNESS; OR POSE A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO
HUMAN HEALTH OR THE ENVIRONMENT WHEN IMPROPERLY TREATED,
STORED, TRANSPORTED, OR DISPOSED OF, OR OTHERWISE MANAGED, AND
WHICH HAS BEEN IDENTIFIED, BY CHARACTERISTICS OR LISTING, AS
HAZARDOUS PURSUANT 35 Ill. Adm. Code 721. (Section 3.15 of the Act)
"Incompatible material" means a material which may:
Cause corrosion or decay of containment materials (e.g., container inner liners or
tank walls); or
When commingled with another material, produces heat or pressure, fire,
explosion, violent reaction, toxic dusts, mists, fumes or gases, or flammable fumes
or gases.
"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.
"LANDSCAPE WASTE" MEANS ALL ACCUMULATIONS OF GRASS OR
SHRUBBERY CUTTINGS, LEAVES, TREE LIMBS AND OTHER MATERIALS
ACCUMULATED AS THE RESULT OF THE CARE OF LAWNS, SHRUBBERY,
VINES AND TREES. (Section 3.20 of the Act)
"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.
"Land treatment" means the application of waste onto or incorporation of waste into the soil
surface. For the purposes of this Part a land application unit is a land treatment unit.
"Leachate" means any liquid, including suspended components in the liquid, that has
percolated through or drained from a material.
"Licensed water well contractor" means a person licensed under the Water Well and Pump
Installation Contractor's License Act [225 ILCS 345].
"Liner" means a continuous layer of natural or manmade materials beneath or on the side of
a surface impoundment, landfill, landfill cell, waste pile, or storage pile which restricts the
downward or lateral escape of waste, waste constituents, leachate or stored materials.
"Major reconstruction" means commencement of construction at a facility where the fixed
capital cost of the new components constructed within a 2-year period exceeds 50% of the
fixed capital cost of a comparable entirely new facility. New components do not include
any new components necessary for compliance with this Part.
"New unit" means a unit that is not an existing unit.
"NON-COMMUNITY WATER SUPPLY" MEANS A PUBLIC WATER SUPPLY THAT
IS NOT A COMMUNITY WATER SUPPLY. (Section 3.05 of the Act)
"Non-special waste" means a waste that is not a special waste.
"Off-site" means not on-site.
"On-site", "on the site", or "on the same site" means the same or geographically contiguous
property which may be divided by public or private right-of-way, provided the entrance and
exit between the properties is at a crossroads intersection and access is by crossing as
opposed to going along the right-of-way. Noncontiguous properties owned by the same
person but connected by a right-of-way which he controls and to which the public does not
have access is also considered on-site property.
"Operator" means the person responsible for the operation of a site, facility or unit.
"Owner" means the person who owns a site, facility or unit or part of a site, facility or unit,
or who owns the land on which the site, facility or unit is located.
"PESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES
INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING
ANY PEST OR ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
FOR USE AS A PLANT REGULATOR, DEFOLIANT OR DESICCANT. (Section 3.71
of the Act)
"Pile" means any noncontainerized accumulation of solid, non-flowing material that is used
for treatment, storage or disposal.
"POTABLE" MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN
ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND
PRACTICES. (Section 3.65 of the Act)
"Practical Quantitation Limit" or "PQL" means the lowest concentration or level that can be
reliably measured within specified limits of precision and accuracy during routine
laboratory operating conditions in accordance with "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, incorporated by reference
at Section 615.103.
"PUBLIC WATER SUPPLY" MEANS ALL MAINS, PIPES AND STRUCTURES
THROUGH WHICH WATER IS OBTAINED AND DISTRIBUTED TO THE PUBLIC,
INCLUDING WELLS AND WELL STRUCTURES, INTAKES AND CRIBS, PUMPING
STATIONS, TREATMENT PLANTS, RESERVOIRS, STORAGE TANKS AND
APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY USED OR
INTENDED FOR USE FOR THE PURPOSE OF FURNISHING WATER FOR
DRINKING OR GENERAL DOMESTIC USE AND WHICH SERVE AT LEAST 15
SERVICE CONNECTIONS OR WHICH REGULARLY SERVE AT LEAST 25
PERSONS AT LEAST 60 DAYS PER YEAR. A PUBLIC WATER SUPPLY IS EITHER
A "COMMUNITY WATER SUPPLY" OR A "NON-COMMUNITY WATER SUPPLY".
(Section 3.28 of the Act)
"Reactive material" means a material which meets one or more of the following criteria:
It is normally unstable and readily undergoes violent change without detonating;
It reacts violently with water;
It forms potentially explosive mixtures with water;
When mixed with water, it generates toxic gases, vapors, or fumes in a quantity
sufficient to present a danger to human health or the environment;
It is capable of detonation or explosive reaction if it is subject to a strong initiating
source, or if heated under confinement;
It is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure; or
It is a forbidden explosive as defined in 49 CFR 173 incorporated by reference at
Section 615.103, or a Class A explosive as defined in 49 CFR 173.53 or a Class B
explosive as defined in 49 CFR 173.88.
"Registered land surveyor" means a person registered under the Illinois Professional Land
Surveyors Act of 1989 [225 ILCS 330].
"Registered professional engineer" means a person registered under the Professional
Engineering Practice Act of 1989 [225 ILCS 325].
"REGULATED RECHARGE AREA" MEANS A COMPACT GEOGRAPHIC AREA, AS
DETERMINED BY THE BOARD pursuant to Section 17.4 of the Act, THE GEOLOGY
OF WHICH RENDERS A POTABLE RESOURCE GROUNDWATER
PARTICULARLY SUSCEPTIBLE TO CONTAMINATION. (Section 3.67 of the Act)
"Road oil" means slow-curing asphaltic oils which show no separation on standing and
which are used for road construction, maintenance or repair.
"Runoff" means any rainwater, leachate or other liquid that drains over land from any part
of a facility.
"Run-on" means any rainwater, leachate or other liquid that drains over land onto any part
of a facility.
"Secondary containment structure" means any structure or basin intended to contain spills
and prevent runoff or leaching from piles, containers, or tanks and related piping.
"SETBACK ZONE" MEANS A GEOGRAPHIC AREA, DESIGNATED PURSUANT TO
THIS ACT, CONTAINING A POTABLE WATER SUPPLY WELL OR A POTENTIAL
SOURCE OR POTENTIAL ROUTE HAVING A CONTINUOUS BOUNDARY, AND
WITHIN WHICH CERTAIN PROHIBITIONS OR REGULATIONS ARE APPLICABLE
IN ORDER TO PROTECT GROUNDWATERS. (Section 3.61 of the Act)
"SITE" MEANS ANY LOCATION, PLACE, TRACT OF LAND, AND FACILITIES,
INCLUDING BUT NOT LIMITED TO BUILDINGS, AND IMPROVEMENTS USED
FOR PURPOSES SUBJECT TO REGULATION OR CONTROL BY THIS ACT OR
REGULATIONS THEREUNDER. (Section 3.43 of the Act)
"SLUDGE" MEANS ANY SOLID, SEMI-SOLID, OR LIQUID WASTE GENERATED
FROM A MUNICIPAL, COMMERCIAL, OR INDUSTRIAL WASTEWATER
TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR
POLLUTION CONTROL FACILITY OR ANY OTHER SUCH WASTE HAVING
SIMILAR CHARACTERISTICS AND EFFECTS. (Section 3.44 of the Act)
"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)
"STORAGE" means the holding or containment of a material, either on a temporary basis
or for a period of years, in such manner as not to constitute disposal of such material.
"Surface impoundment" means a natural topographical depression, man-made excavation,
or diked area that is designed to hold liquid wastes or wastes containing free liquids.
"Surface water" means all waters that are open to the atmosphere.
"Tank" means a stationary device, designed to contain an accumulation of material which is
constructed of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide
structural support. The term "tank" does not include areas used to accumulate materials
prior to pumping to tanks or containers (i.e., sump pits) or associated piping. The term
"tank" does not include vehicles used to transport material.
"Treatment" means any method, technique or process, including neutralization, designed to
change the physical, chemical or biological character or composition of any material so as
to neutralize such material, or so as to recover energy or material resources from the
material or so as to render such material nonhazardous or less hazardous, safer to transport,
store or dispose of, or amenable for recovery, amenable for storage or reduced in volume.
"Underground storage tank" means a storage tank as defined at 35 Ill. Adm. Code
731.101(f).
"UNIT" MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR AREA
(EXCLUSIVE OF LAND UTILIZED ONLY FOR AGRICULTURAL PRODUCTION).
(Section 3.62 of the Act)
"Unit boundary" means a line at the land's surface circumscribing the area on which, above
which or below which waste, pesticides, fertilizers, road oils or de-icing agents will be
placed during the active life of the facility. The space taken up by any liner, dike or other
barrier designed to contain waste, pesticides, fertilizers, road oils or de-icing agents falls
within the unit boundary.
"WASTE" MEANS ANY GARBAGE, SLUDGE FROM A WASTE TREATMENT
PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL
FACILITY OR OTHER DISCARDED MATERIAL, INCLUDING SOLID, LIQUID,
SEMI-SOLID, OR CONTAINED GASEOUS MATERIAL RESULTING FROM
INDUSTRIAL, COMMERCIAL, MINING AND AGRICULTURAL OPERATIONS,
AND FROM COMMUNITY ACTIVITIES, BUT DOES NOT INCLUDE:
INDUSTRIAL DISCHARGES WITH NPDES PERMITS ISSUED PURSUANT
TO 35 ILL. ADM. CODE 309;
SOURCE, SPENT NUCLEAR, OR BY-PRODUCT MATERIALS AS DEFINED
BY THE ATOMIC ENERGY ACT OF 1954 (42 U.S.C. 2014);
ANY SOLID OR DISSOLVED MATERIAL FROM ANY MATERIAL
SUBJECT TO 62 ILL. ADM. CODE 1700 THROUGH 1850. (Section 3.53 of
the Act)
"Waste pile" means a pile consisting of waste that has a total volume greater than 10 cubic
yards or within which the waste remains for more than 90 days.
"WATERS" MEANS ALL ACCUMULATIONS OF WATER, SURFACE AND
UNDERGROUND, NATURAL AND ARTIFICIAL, PUBLIC AND PRIVATE, OR
PARTS THEREOF, WHICH ARE WHOLLY OR PARTLY WITHIN, FLOW
THROUGH, OR BORDER UPON THIS STATE. (Section 3.56 of the Act)
"WELL" MEANS A BORED, DRILLED OR DRIVEN SHAFT, OR DUG HOLE, THE
DEPTH OF WHICH IS GREATER THAN THE LARGEST SURFACE DIMENSION.
(Section 3.57 of the Act)
(Source: Amended at 21 Ill. Reg. 6503, effective May 8, 1997.)
Section 615.103 Incorporations by Reference
a) The Board incorporates the following material by reference:
GPO. Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20401, (202)783-3238:
National Primary Drinking Water Regulations, Final Rule, 56 Fed.
Reg. 3526-3597 (January 30, 1991). Shippers-General
Requirements for Shipments and Packagings, 49 CFR 173 (1990).
NTIS. National Technical Information Service, 5285 Port Royal Road,
Springfield VA 22161, (703)487-4600.
"Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods", EPA Publication No. SW-846 (Third Edition, 1986, as
amended by Revision I (December 1987), Doc. No. PB 89-
148076).
b) This Section incorporates no later amendments or editions.
Section 615.104 Prohibitions
No person shall cause or allow the construction or operation of any facility or unit in
violation of the Act or regulations adopted by the Board thereunder, including but not
limited to this Part.
Section 615.105 General Exceptions
a) This Part does not apply to any facility or unit, or to the owner or operator
of any facility or unit:
1) For which the owner or operator obtains certification of minimal
hazard pursuant to Section 14.5 of the Act; or
2) For which alternate requirements are imposed in an adjusted
standard proceeding or as part of a site-specific rulemaking,
pursuant to Title VII of the Act; or
3) For which alternate requirements are imposed in a regulated
recharge area proceeding pursuant to Section 17.4 of the Act; or
4) That is LOCATED ON THE SAME SITE AS A NON-
COMMUNITY WATER SYSTEM WELL AND FOR WHICH
THE OWNER IS THE SAME FOR BOTH THE facility or unit
AND THE WELL. (Section 14.4(b) of the Act); or
5) That is located WITHIN A REGULATED RECHARGE AREA
AS DELINEATED in 35 Ill. Adm. Code 617, PROVIDED
THAT:
A) THE BOUNDARY OF THE LATERAL AREA OF
INFLUENCE OF A COMMUNITY WATER SUPPLY
WELL LOCATED WITHIN THE REGULATED
RECHARGE AREA does not INCLUDE SUCH facility or
unit THEREIN
;
B) THE DISTANCE FROM THE WELLHEAD OF THE
COMMUNITY WATER SUPPLY TO THE facility or unit
EXCEEDS 2500 FEET; AND
C) THE COMMUNITY WATER SUPPLY WELL WAS not
IN EXISTENCE PRIOR TO JANUARY 1, 1988. (Section
14.4(b) of the Act); or
6) For which the owner or operator of the facility for storage and
related handling of pesticides or fertilizers for the purpose of
commercial application or at a central location for the purpose of
distribution to retail sales outlets that has filed a written notice of
intent pursuant to Section 14.6 of the Act WITH THE
DEPARTMENT OF AGRICULTURE BY JANUARY 1, 1993,
OR WITHIN 6 MONTHS AFTER THE DATE ON WHICH A
MAXIMUM SETBACK ZONE IS ESTABLISHED OR A
REGULATED RECHARGE AREA REGULATION IS
ADOPTED THAT AFFECTS SUCH A FACILITY; or has filed a
written certification of intent pursuant to Section 14.6 of the Act
ON THE APPROPRIATE LICENSE OR RENEWAL
APPLICATION FORM SUBMITTED TO THE DEPARTMENT
OF AGRICULTURE OR OTHER APPROPRIATE AGENCY
(Section 14.6(a) of the Act). This exception shall not apply to
those facilities that are not in compliance with the program
requirements of subsections 14.6(b) and 14.6(c) of the Act.
b) Nothing in this Section shall limit the authority of the Board to impose
requirements on any facility or unit within any portion of any setback zone
or regulated recharge area pursuant to the Act.
(Source: Amended at 17 Ill. Reg. 1871, effective January 28, 1993)
SUBPART B: GROUNDWATER MONITORING REQUIREMENTS
Section 615.201 Applicability
This Subpart applies to:
a) Surface impoundments subject to Subpart F;
b) Pesticide storage and handling units subject to Subpart I;
c) Fertilizer storage and handling units subject to Subpart J;
d) Road oil storage and handling units subject to Subpart K; and
e) De-icing agent storage and handling units subject to Subpart L.
Section 615.202 Compliance Period
The compliance period is the active life of the unit, including closure and post-closure
care periods.
a) The active life begins when the unit first begins operation or one year after
the date of first applicability, whichever occurs later, and ends when the
post-closure care period ends.
b) The post-closure care period for units other than pesticide storage and
handling units subject to Subpart I and fertilizer storage and handling units
subject to Subpart J is five years after closure, except as provided at
Section 615.211(e).
c) The post-closure care period for pesticide storage and handling units
subject to Subpart I and for fertilizer storage and handling units subject to
Subpart J is three years after closure, except as provided at Section
615.211(e).
d) Subsections (a), (b) and (c) notwithstanding, no post-closure care period is
required if all waste, waste residues, contaminated containment system
components and contaminated subsoils are removed or decontaminated at
closure, and no ongoing corrective action is required pursuant to Section
615.211.
Section 615.203 Compliance with Groundwater Standards
The owner or operator shall comply with the groundwater standards.
a) The term of compliance is the compliance period.
b) Compliance shall be measured at the compliance point, or compliance
points if more than one such point exists.
Section 615.204 Groundwater Monitoring System
a) Except as provided otherwise in subsection (b) of this Section, the
groundwater monitoring system must consist of a sufficient number of
wells, installed at appropriate locations and depths to yield groundwater
samples, that:
1) Represent the quality of background water that has not been affected
by contamination from the facility or unit; and
2) Represent the quality of groundwater at the compliance point or
points.
b) If a potable water well or other water well can be used as a monitoring well
pursuant to this subsection, no additional monitoring wells are required
under this Section. A potable water well or other water well may be used as
a monitoring well if:
1) For a potable water well other than a community water supply well,
a construction report has been filed with the Illinois Department of
Public Health for such well, or such well has been located and
constructed (or reconstructed) to meet the Illinois Water Well
Construction Code [415 ILCS 30] and 35 Ill. Adm. Code 920;
2) For a water well other than a potable water well (e.g., a livestock
watering well or an irrigation well), the owner or operator of the unit
seeking to use the well as a monitoring well certifies to the Agency
that a construction report has been filed with the Illinois Department
of Public Health or the Illinois Department of Mines and Minerals
for such well, or that such well has been located and constructed (or
reconstructed) to meet the Illinois Water Well Construction Code
[415 ILCS 30] and 35 Ill. Adm. Code 920; and
3) The unit contains solely non-special waste if the unit is a surface
impoundment.
c) If a facility contains more than one unit, separate groundwater monitoring
systems are not required for each unit, provided that provisions for sampling
the groundwater will enable detection and measurement of contaminants
that have entered the groundwater from all units.
d) All monitoring wells must meet the following requirements:
1) Construction must be done in a manner that will enable the
collection of groundwater samples;
2) Casings and screens must be made from durable material that is
resistant to expected chemical or physical degradation and that does
not interfere with the quality of groundwater samples being
collected; and
3) The annular space opposite the screened section of the well (i.e., the
space between the bore hole and well screen) must be filled with
gravel or sand if necessary to collect groundwater samples. The
annular space above and below the well screen must be sealed to
prevent migration of water from overlying adjacent formations and
the surface to the sampled depth.
(Source: Amended at 21 Ill. Reg. 6503, effective May 8, 1997.)
Section 615.205 Groundwater Monitoring Program
The owner or operator shall develop a groundwater monitoring program that consists of:
a) Consistent sampling and analysis procedures that are designed to ensure
monitoring results that provide a reliable indication of groundwater
quality below the unit. At a minimum the program must include
procedures and techniques for:
1) Sample collection;
2) Sample preservation and shipment;
3) Analytical procedures; and
4) Chain of custody control.
b) Sampling and analytical methods that are appropriate for groundwater
monitoring and that allow for detection and quantification of contaminants
specified in this Subpart, and that are consistent with the sampling and
analytical methods specified in 35 Ill. Adm. Code 620.
c) A determination of the groundwater head elevation each time groundwater
is sampled. A determination of the groundwater head elevation is not
required for samples taken from a potable well used as a monitoring well
pursuant to Section 615.204(b).
d) A determination at least annually of the groundwater flow rate and
direction.
e) If the owner or operator determines that the groundwater monitoring
program no longer satisfies the requirements of this Section, the owner or
operator shall, within 90 days, make appropriate changes to the program
and shall notify the Agency of such changes when submitting the
groundwater monitoring reports under Section 615.208.
Section 615.206 Contaminants to be Monitored
a) The owner or operator shall monitor for all parameters that meet the
following criteria, except as provided in subsections (b) and (c):
1) Material containing such parameter is stored, disposed of, or
otherwise handled at the site; and
2) There is a groundwater standard for such parameter.
b) The owner or operator of a unit subject to Subpart I for the storage and
handling of pesticides shall monitor for five specific pesticides or five
groups of chemically-similar pesticides stored or handled at the unit that
are the most likely to enter into the groundwater from the unit and that are
the most toxic. The owner or operator shall choose the five specific
pesticides or five groups based upon the following criteria:
1) The volume of material stored or handled at the unit;
2) The leachability characteristics of the pesticides stored or handled
at the unit;
3) The toxicity characteristics of the pesticides stored or handled at
the unit;
4) The history of spillage of the pesticides stored or handled at the
unit; and
5) Any groundwater standards for the pesticides stored or handled at
the unit.
c) The owner or operator of a unit subject to Subpart J for the storage and
handling of fertilizers shall monitor for pH, specific conductance, total
organic carbon, nitrates as nitrogen, and ammonia nitrogen.
Section 615.207 Sampling Frequency
a) The owner or operator shall determine whether groundwater standards
have been exceeded at each monitoring well at least quarterly during the
compliance period, except as provided otherwise in subsections (b), (c) or
Section 615.209(b).
b) The owner or operator of a unit subject to Subpart I for the storage and
handling of pesticides or Subpart J for the storage and handling of
fertilizer may substitute the quarterly determination of subsection (a) with
a determination at least semi-annually provided that all of the following
conditions are met:
1) The unit is in compliance with the containment requirements of 8
Ill. Adm. Code 255;
2) There have been no detections within the preceding two years in
any of the monitoring wells of any contaminant stored or handled
at the facility or of any contaminant attributable to operation of the
unit; and
3) No reportable agrichemical spills, as defined pursuant to 8 Ill.
Adm. Code 255, have occurred at the facility within the previous
two years.
c) The owner or operator of a unit subject to Subpart K for the storage and
handling of road oils or Subpart L for the storage and handling of de-icing
agents shall determine whether groundwater standards have been
exceeded at each monitoring well at least annually during the compliance
period, except as provided at Section 615.209(b).
Section 615.208 Reporting
The owner or operator shall submit results of all monitoring required pursuant to this
Subpart to the Agency within 60 days after completion of sampling.
Section 615.209 Non-Compliance Response Program
If monitoring results collected pursuant to Sections 615.206 and 615.207 show that a
groundwater standard has been exceeded, the owner or operator shall:
a) Notify the Agency of this finding when submitting the groundwater
monitoring results required pursuant to Section 615.208. The notification
must indicate which groundwater standards have been exceeded.
b) Resample the groundwater within 3 days in all monitoring wells where a
groundwater standard has been exceeded and redetermine the presence
and concentration of each parameter required pursuant to Section 615.206,
except that:
1) If the unit is subject to Subpart I for the storage and related
handling of pesticides, resample the groundwater within 3 days in
all monitoring wells where a groundwater standard has been
exceeded and determine the presence and concentration in each
such sample of each pesticide previously and presently stored or
handled at the unit.
2) If the unit is subject to Subpart J for the storage and related
handling of fertilizers, monitor monthly for the parameters set
forth in Section 615.206(c) until the groundwater standard is no
longer exceeded.
c) Submit the results of sampling required under subsection (b) when
submitting the groundwater results required pursuant to Section 615.208.
d) Prepare an engineering feasibility plan for a corrective action program
designed to achieve the requirements of Section 615.211. This plan shall
be submitted to the Agency in writing within 120 days after the date on
which the sample results are submitted to the Agency pursuant to
subsection (c), unless:
1) None of the parameters identified under subsection (b) exceed the
groundwater standards; or
2) The owner or operator makes a demonstration pursuant to Section
615.210.
e) Begin the corrective action program specified in subsection (d) within 120
days after the date on which the sample results are submitted to the
Agency pursuant to subsection (c), unless:
1) None of the parameters identified under subsection (b) exceed the
groundwater standards; or
2) The owner or operator makes a demonstration pursuant to Section
615.210.
Section 615.210 Alternate Non-Compliance Response Program
If the groundwater sampling required pursuant to Section 615.207 shows that a
groundwater standard has been exceeded, it is presumed that contamination from the
facility or unit that is being monitored is responsible for the standard being exceeded. An
owner or operator may overcome that presumption by making a demonstration that a
source other than the facility or unit that is being monitored caused the exceedence or
that the exceedence resulted from error in sampling, analysis or evaluation. In making
such demonstration the owner or operator shall:
a) Notify the Agency that the owner or operator intends to make a
demonstration under this Section when submitting the groundwater
monitoring results required pursuant to Section 615.208.
b) Submit a report to the Agency that demonstrates that a source other than a
facility or unit for which he is the owner or operator caused the
groundwater standard to be exceeded, or that the groundwater standard
was exceeded due to an error in sampling, analysis or evaluation. Such
report must be included with the next submission of groundwater
monitoring results required pursuant to Section 615.208; and
c) Continue to monitor in accordance with the groundwater monitoring
program established pursuant to Sections 615.205, 615.206, and 615.207.
Section 615.211 Corrective Action Program
An owner or operator required to conduct a corrective action program pursuant to this
Subpart shall:
a) Begin corrective action within 120 days after the date on which the sample
results are submitted to the Agency pursuant to Section 615.209(c).
b) Take corrective action that results in compliance with the groundwater
standards at the compliance point or points.
c) Establish and implement a groundwater monitoring program to
demonstrate the effectiveness of the corrective action program.
d) Take corrective action that maintains compliance with the groundwater
standards:
1) At all compliance points; and
2) Beyond the unit boundary, where necessary to protect human
health and the environment, unless the owner or operator
demonstrates to the Agency that, despite the owner's or operator's
best efforts, the owner or operator was unable to obtain the
necessary permission to undertake such action. The owner or
operator is not relieved of responsibility to clean up a release that
has migrated beyond the unit boundary where off-site access is
denied.
e) Continue corrective action measures during the compliance period to the
extent necessary to ensure that the groundwater standard is not exceeded
at the compliance point or points. If the owner or operator is still
conducting corrective action at the end of the compliance period, the
owner or operator shall continue that corrective action for as long as
necessary to achieve compliance with the groundwater standards. The
owner or operator may terminate corrective action measures taken beyond
the compliance period if the owner or operator can demonstrate, based on
data from the groundwater monitoring program under subsection (c), that
the groundwater standards have not been exceeded for a period of three
consecutive years.
f) Report in writing to the Agency on the effectiveness of the corrective
action program. The owner or operator shall submit these reports semi-
annually.
g) If the owner or operator determines that the corrective action program no
longer satisfies the requirements of this Section, the owner or operator
shall, within 90 days, make any appropriate changes to the program.
SUBPART C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
Section 615.301 Applicability
This Subpart applies to:
a) Land treatment units subject to Subpart E;
b) Surface impoundments subject to Subpart F;
c) Pesticide storage and handling units subject to Subpart I; and
d) Fertilizer storage and handling units subject to Subpart J.
Section 615.302 Closure Performance Standard
The owner or operator shall close the unit in a manner that:
a) Controls, minimizes or eliminates, to the extent necessary to protect
human health and the environment, post-closure escape of waste, waste
constituents, leachate, contaminated runoff or waste decomposition
products to soils, groundwaters, surface waters, and the atmosphere;
b) Minimizes the need for maintenance during and beyond the post-closure
care period; and
c) Complies with the closure requirements of 35 Ill. Adm. Code: Subtitles C
and G.
Section 615.303 Certification of Closure
Within 60 days after completion of closure, the owner or operator shall submit to the
Agency, by registered or certified mail, a certification that the unit has been closed in
accordance with the closure requirements. The certification must be signed by the owner
or operator and by an independent registered professional engineer. Documentation
supporting the independent registered professional engineer's certification must be
furnished to the Agency upon request.
Section 615.304 Survey Plat
a) No later than the submission of the certification of closure of each unit,
the owner or operator shall submit to any local zoning authority, or
authority with jurisdiction over local land use, and to the Agency, and
record with land titles, a survey plat indicating the location and
dimensions of any waste disposal units, and any pesticide or fertilizer
storage and handling units, with respect to permanently surveyed
benchmarks. This plat must be prepared and certified by a registered land
surveyor.
b) For pesticide storage and handling units or for fertilizer storage and
handling units, records or reports required under any other state or Federal
regulatory program and which contain the information required above may
be used to satisfy this reporting requirement.
Section 615.305 Post-Closure Notice for Waste Disposal Units
No later than 60 days after certification of closure of the unit, the owner or operator of a
unit subject to Subpart D or F shall submit to the Agency, to the County Recorder and to
any local zoning authority or authority with jurisdiction over local land use, a record of
the type, location and quantity of wastes disposed of within each cell or other area of the
unit.
Section 615.306 Certification of Completion of Post-Closure Care
No later than 60 days after completion of the established post-closure care period, the
owner or operator shall submit to the Agency, by registered or certified mail, a
certification that the post-closure care period for the unit was performed in accordance
with the specifications in the approved post-closure plan. The certification must be
signed by the owner or operator and an independent registered professional engineer.
Documentation supporting the independent registered professional engineer's
certification must be furnished to the Agency upon request.
Section 615.307 Post-Closure Care Period
The post-closure care period is as defined at Section 615.202.
SUBPART D: ON-SITE LANDFILLS
Section 615.401 Applicability
This Subpart applies to existing landfill units that are located wholly or partially within a
setback zone or regulated recharge area and that contain special waste or other waste
generated on-site, except that this Subpart does not apply to any existing landfill unit
that:
a) Contains solely one or more of the following: hazardous waste, livestock
waste, landscape waste, or construction and demolition debris; or
b) Is exempt from this Part pursuant to Section 615.105.
Section 615.402 Required Closure of Units Located Within Minimum Setback
Zones
No person shall cause or allow the operation within a minimum setback zone of any
landfill unit commencing two years after the effective date of this Part. Closure shall be
completed three years after the effective date of this Part.
Section 615.403 Required Closure of Units Located Within Maximum Setback
Zones
No person shall cause or allow the operation within a maximum setback zone of any
landfill unit at which special waste is disposed, commencing two years after the effective
date of the ordinance or regulation that establishes the maximum setback zone. Closure
shall be completed within three years after the effective date of the ordinance or
regulation that establishes the maximum setback zone.
Section 615.404 Required Closure of Units Located Within Regulated
Recharge Areas
No person shall cause or allow the operation within a regulated recharge area of any
landfill unit that contains special waste and for which the distance from the wellhead of
the community water supply well to any part of the landfill unit is 2500 feet or less. This
provision becomes effective four years after the date on which the Board establishes the
regulated recharge area. Closure shall be completed within five years after the date on
which the Board establishes the regulated recharge area.
SUBPART E: ON-SITE LAND TREATMENT UNITS
Section 615.421 Applicability
This Subpart applies to existing land treatment units that are located wholly or partially
within a setback zone or regulated recharge area and that treat or dispose of special waste
or other waste generated on-site, except that this Subpart does not apply to any existing
land treatment unit that:
a) Contains solely one or more of the following: hazardous waste, livestock
waste, landscape waste, or construction and demolition debris; or
b) Is exempt from this Part pursuant to Section 615.105.
Section 615.422 Required Closure of Units Located Within Minimum Setback
Zones
No person shall cause or allow the operation within a minimum setback zone of any land
treatment unit commencing two years after the effective date of this Part. Closure shall
be completed within three years after the effective date of this Part.
Section 615.423 Required Closure of Units Located Within Maximum Setback
Zones
No person shall cause or allow the operation within a maximum setback zone of any land
treatment unit at which special waste is treated or disposed, commencing two years after
the effective date of the ordinance or regulation that establishes the maximum setback
zone. Closure shall be completed within three years after the effective date of the
ordinance or regulation that establishes the maximum setback zone.
Section 615.424 Land Treatment of Sludges in Maximum Setback Zones
Nothing in this Subpart shall prohibit land treatment within a maximum setback zone of
sludge resulting from the treatment of domestic wastewater or of sludge resulting from
the treatment of water to produce potable water, if such activities are conducted in
accordance with the Act and 35 Ill. Adm. Code: Subtitle C.
Section 615.425 Closure and Post-Closure Care
The owner or operator shall comply with the requirements of Sections 615.302 and
615.303.
SUBPART F: ON-SITE SURFACE IMPOUNDMENTS
Section 615.441 Applicability
This Subpart applies to existing surface impoundment units that are located wholly or
partially within a setback zone or regulated recharge area and that contain special waste
or other waste generated on-site, except that this Subpart does not apply to any existing
surface impoundment unit that:
a) Contains solely one or more of the following: hazardous waste, livestock
waste, landscape waste, or construction and demolition debris; or
b) Is exempt from this Part pursuant to Section 615.105.
Section 615.442 Required Closure of Units Located Within Minimum Setback
Zones
No person shall cause or allow the operation within a minimum setback zone of any
surface impoundment unit commencing two years after the effective date of this Part.
Closure shall be completed within three years after the effective date of this Part.
Section 615.443 Required Closure of Units Located Within Maximum Setback
Zones
No person shall cause or allow the operation within a maximum setback zone of any
surface impoundment unit at which special waste is stored, treated or disposed,
commencing two years after the effective date of the ordinance or regulation that
establishes the maximum setback zone. Closure shall be completed within three years
after the effective date of the ordinance or regulation that establishes the maximum
setback zone.
Section 615.444 Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart B.
Section 615.445 Inspection Requirements
While a surface impoundment is in operation, it must be inspected weekly and after
storms to detect evidence of any of the following:
a) Deterioration, malfunctions or improper operation of overtopping control
systems;
b) Sudden drops in the level of the impoundment's contents;
c) Severe erosion or other signs of deterioration in dikes or other
containment devices; or
d) A leaking dike.
Section 615.446 Operating Requirements
a) No person shall cause or allow incompatible materials to be placed in the
same surface impoundment unit.
b) A surface impoundment unit must be removed from service in accordance
with subsection (c) when:
1) The level of liquids in the unit suddenly drops and the drop is not
known to be caused by changes in the flows into or out of the unit;
or
2) The dike leaks.
c) When a surface impoundment unit must be removed from service as
required by subsection (b), the owner or operator shall:
1) Shut off the flow or stop the addition of wastes into the
impoundment unit;
2) Contain any surface leakage that has occurred or is occurring;
3) Stop the leak;
4) Take any other necessary steps to stop or prevent catastrophic
failure;
5) If a leak cannot be stopped by any other means, empty the
impoundment unit; and
6) Notify the Agency of the removal from service and corrective
actions that were taken, such notice to be given within 10 days
after the removal from service.
d) No surface impoundment unit that has been removed from service in
accordance with the requirements of this Section may be restored to
service unless the portion of the unit that failed has been repaired.
e) A surface impoundment unit that has been removed from service in
accordance with the requirements of this Section and that is not being
repaired must be closed in accordance with the provisions of Section
615.447.
Subpart 615.447 Closure and Post-Closure Care
a) If closure is to be by removal, the owner or operator shall remove all
waste, all waste residues, contaminated containment system components
(liners, etc.), contaminated subsoils and structures and equipment
contaminated with waste and leachate; and, if disposed of in the State of
Illinois, dispose of them at a disposal site permitted by the Agency under
the Act.
b) If closure is not to be by removal, the owner or operator shall comply with
the requirements of Subpart C and shall:
1) Eliminate free liquids by removing liquid wastes or solidifying the
remaining wastes and waste residues.
2) Stabilize remaining wastes to a bearing capacity sufficient to
support final cover.
3) Cover the surface impoundment unit with a final cover consisting
of at least a 2-foot thick layer of compacted clay with a
permeability of no more than 1x10
-7
centimeters per second and
designed and constructed to:
A) Provide long-term minimization of the migration of liquids
through the closed impoundment unit;
B) Function with minimum maintenance;
C) Promote drainage and minimize erosion or abrasion of the
final cover; and
D) Accommodate settling and subsidence so that the cover's
integrity is maintained.
c) If some waste residues or contaminated materials are left in place at final
closure, the owner or operator shall comply with the requirements of
Subpart C and shall:
1) Maintain the integrity and effectiveness of the final cover,
including making repairs to the cap as necessary to correct the
effects of settling, subsidence, erosion or other events;
2) Maintain and monitor the groundwater monitoring system; and
3) Prevent run-on and run-off from eroding or otherwise damaging
the final cover.
SUBPART G: ON-SITE WASTE PILES
Section 615.461 Applicability
This Subpart applies to existing waste piles that are located wholly or partially within a
setback zone or regulated recharge area and that contain special waste or other waste
generated on-site, except that this Subpart does not apply to any existing waste pile that:
a) Contains solely one or more of the following: hazardous waste, livestock
waste, landscape waste, or construction and demolition debris;
b) Consists of sludge resulting from the treatment of wastewater from a
Publicly Owned Treatment Works (POTW) and the sludge pile is situated
on an underdrained pavement and operated in accordance with the Act, 35
Ill. Adm. Code: Subtitle C and 35 Ill. Adm. Code: Subtitle G; or
c) Is exempt from this Part pursuant to Section 615.105.
Section 615.462 Required Closure
A waste pile is deemed to be a landfill and thereby subject to the closure requirements of
Subpart D unless the operator can demonstrate to the Agency that the wastes are not
accumulated over time for disposal. At the 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 elsewhere.
(Source: Amended at 21 Ill. Reg. 6503, effective May 8, 1997.)
Section 615.463 Design and Operating Requirements
For a waste pile not subject to Section 615.462,
a) The owner or operator shall not cause or allow:
1) Disposal or storage in the waste pile of liquids or materials
containing free liquids; or
2) Migration and runoff of leachate into adjacent soil, surface water,
or groundwater.
b) The waste pile must comply with the following standards:
1) The waste pile must be under an impermeable membrane or cover
that provides protection from precipitation;
2) The waste pile must be protected from surface water run-on; and
3) The waste pile must be designed and operated to control wind
dispersal of waste by a means other than wetting.
c) This Section becomes applicable six months after the date of first
applicability.
Section 615.464 Closure
The owner or operator shall accomplish closure by removing and disposing of all wastes
and containment system components (liners, etc). If disposed of in the State of Illinois,
the waste and containment system components must be disposed of at a disposal site
permitted by the Agency under the Act.
SUBPART H: UNDERGROUND STORAGE TANKS
Section 615.501 Applicability
This Subpart applies to existing underground storage tanks that are located wholly or
partially within a setback zone or regulated recharge area and that contain special waste,
except that this Subpart does not apply to any existing underground storage tank that:
a) Pursuant to 35 Ill. Adm. Code 731.110(a) must meet the requirements set
forth in 35 Ill. Adm. Code 731, unless such a tank is excluded from those
requirements pursuant to 35 Ill. Adm. Code 731.110(b); or
b) Must have interim status or a RCRA permit under 35 Ill. Adm. Code:
Subtitle G; or
c) Is exempt from this Part pursuant to Section 615.105.
Section 615.502 Design and Operating Requirements
Owners and operators of existing underground storage tanks that store special waste shall
meet the requirements set forth in 35 Ill. Adm. Code 731. Such requirements must be
met even if the tanks are excluded from coverage under 35 Ill. Adm. Code 731 by 35 Ill.
Adm. Code 731.110(b). The exclusions set forth in 35 Ill. Adm. Code 731.110(b) do not
apply to any underground storage tank which stores special waste.
SUBPART I: PESTICIDE STORAGE AND HANDLING UNITS
Section 615.601 Applicability
This Subpart applies to any existing unit for the storage and handling of pesticides that is
located wholly or partially within a setback zone or regulated recharge area and that:
a) Is operated for the purpose of commercial application; or
b) Stores or accumulates pesticides prior to distribution to retail sales outlets,
including but not limited to a unit that is a warehouse or bulk terminal.
c) Subsections (a) and (b) notwithstanding, this Subpart does not apply to
any unit exempt pursuant to Section 615.105.
Section 615.602 Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart B.
Section 615.603 Design and Operating Requirements
The owner or operator shall:
a) Maintain a written record inventorying all pesticides stored or handled at
the unit.
b) At least weekly when pesticides are being stored, inspect storage
containers, tanks, vents, valves, and appurtenances for leaks or
deterioration caused by corrosion or other factors. If a leak or
deterioration is found in any of these devices, the owner or operator must
immediately repair or replace the device. The owner or operator shall
maintain a written record of all inspections conducted under this Section
and of all maintenance relating to leaks and deterioration of these devices.
c) Store all containers containing pesticides within a pesticide secondary
containment structure, if such containers are stored outside of a roofed
structure or enclosed warehouse. For the purpose of this subsection a
pesticide secondary containment structure is a structure that complies with
the design standards set forth in 8 Ill. Adm. Code 255.
d) Maintain all written records required under this Section at the site. The
owner or operator shall provide any such record to the Agency upon
request.
(Board Note: Owners or operators of facilities or units subject to this Part may
also be subject to regulations under 8 Ill. Adm. Code 255.).
Section 615.604 Closure and Post-Closure Care
The owner or operator shall comply with the requirements of Subpart C.
SUBPART J: FERTILIZER STORAGE AND HANDLING UNITS
Section 615.621 Applicability
This Subpart applies to any existing unit for the storage and handling of fertilizers that is
located wholly or partially within a setback zone or regulated recharge area and that:
a) Is operated for the purpose of commercial application; or
b) Stores or accumulates fertilizers prior to distribution to retail sales outlets,
including but not limited to a unit that is a warehouse or bulk terminal.
c) Subsections (a) and (b) notwithstanding, this Subpart does not apply to
any unit exempt pursuant to Section 615.105.
Section 615.622 Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart B.
Section 615.623 Design and Operating Requirements
The owner or operator shall:
a) Maintain a written record inventorying all fertilizers stored or handled at
the unit.
b) At least weekly when fertilizers are being stored, inspect storage
containers, tanks, vents, valves, and appurtenances for leaks or
deterioration caused by corrosion or other factors. If a leak or
deterioration is found in any of these devices, the owner or operator shall
immediately repair or replace the device. The owner or operator shall
maintain a written record of all inspections conducted under this Section
and of all maintenance relating to leaks and deterioration of these devices.
c) Store all containers containing fertilizers (except anhydrous ammonia)
within a fertilizer secondary containment structure, if such containers are
stored outside of a roofed structure or enclosed warehouse. For the
purpose of this subsection, a fertilizer secondary containment structure is a
structure that complies with the design standards set forth in 8 Ill. Adm.
Code 255.
d) Maintain all written records required under this Section at the site. The
owner or operator shall provide any such record to the Agency upon
request.
(Board Note: Owners or operators of facilities or units subject to this Part may
also be subject to regulations under 8 Ill. Adm. Code 255)
Section 615.624 Closure and Post-Closure Care
The owner or operator shall comply with the requirements of Subpart C.
SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS
Section 615.701 Applicability
This Subpart applies to any existing unit for the storage and related handling of road oils
that is located wholly or partially within a setback zone or regulated recharge area and at
which greater than 25,000 gallons of road oils are stored or accumulated at any one time,
except as otherwise provided in Section 615.105.
Section 615.702 Required Closure of Units Located Within Minimum Setback
Zones
a) No person shall cause or allow the operation within a minimum setback
zone of any road oil storage and handling unit.
b) Subsection (a) is effective two years after the effective date of this Part.
Closure must be completed within three years after the effective date of
this Part.
Section 615.703 Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart B.
Section 615.704 Design and Operating Requirements for Above-Ground
Storage Tanks
a) The owner or operator shall not cause or allow:
1) Materials to be placed in a tank if such materials could cause the
tank to rupture, leak, corrode, or otherwise fail.
2) Uncovered tanks to be placed or operated so as to maintain less
than 60 centimeters (2 feet) of freeboard unless:
A) The tank is equipped with a containment structure (e.g.,
dike or trench), a drainage control system, or a diversion
structure (e.g., standby tank); and
B) Such containment structure, drainage control system, or
diversion structure has a capacity that equals or exceeds the
volume of the top 60 centimeters (2 feet) of the tank.
3) Material to be continuously fed into a tank, unless the tank is
equipped with a means to stop this inflow (e.g., a feed cutoff
system or a bypass system to a standby tank).
4) Incompatible materials to be placed in the same tank.
5) Material to be placed in a tank that previously held an
incompatible material unless the incompatible material has been
washed from the tank.
6) Ignitable or reactive material to be placed in a tank unless:
A) The material is stored or treated in such a way that it is
protected from any material or conditions that may cause it
to ignite or react; or
B) The tank is used solely for emergencies.
b) The owner or operator shall provide and maintain primary containment for
the tank such that:
1) The tank has a minimum shell thickness that ensures that the tank
will not fail (i.e., collapse, rupture, etc.).
2) The tank is compatible with the material to be placed in the tank or
the tank is lined with a substance that is compatible with the
material to be placed in the tank.
c) The owner or operator shall provide and maintain secondary containment
for the tank that:
1) Is capable of containing the volume of the largest tank or 10% of
the total volume for all tanks, whichever is greater;
2) Is constructed of material capable of containing a spill until
cleanup occurs (e.g., concrete or clay). The base of the secondary
containment area must be capable of minimizing vertical migration
of a spill until cleanup occurs (e.g., concrete or clay);
3) Has cover (e.g., crushed rock or vegetative growth) on earthen
embankments sufficient to prevent erosion; and
4) Isolates the tank from storm water drains and from combined storm
water drains and sewer drains.
d) If incompatible materials are handled at the site, secondary containment
sufficient to isolate the units containing the incompatible materials must
be provided.
e) The owner or operator of a tank shall also:
1) Test above-ground tanks and associated piping every five years for
structural integrity.
2) Remove uncontaminated storm water runoff from the secondary
containment area immediately after a precipitation event.
3) Handle contaminated storm water runoff in accordance with 35 Ill.
Adm. Code 302.Subpart A.
4) Provide a method for obtaining a sample from each tank.
5) Install, maintain, and operate a material level indicator on each
tank.
6) When not in use, lock all gauges and valves that are used to inspect
levels in the tank. All such devices must be located within the
containment structure.
f) This Section becomes applicable two years after the date of first
applicability.
Section 615.705 Closure
a) At closure, all materials must be removed from containers, tanks,
discharge control equipment, and discharge confinement structures.
b) All materials that are to be disposed of in the State of Illinois must be
disposed of at a disposal site permitted by the Agency under the Act.
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
Section 615.721 Applicability
This Subpart applies to any existing unit for the storage and related handling of de-icing
agents that is located wholly or partially within a setback zone and at which more than
50,000 pounds of de-icing agent are stored or accumulated at any one time, except as
otherwise provided in Section 615.105. For the purpose of this Subpart:
a) An indoor storage unit means a storage unit with a roof capable of
protecting de-icing agents from wind and precipitation;
b) An outdoor storage unit means a unit for the storage of de-icing agents
that is not an indoor storage unit.
Section 615.722 Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart B.
Section 615.723 Design and Operating Requirements
a) Indoor facilities must comply with the following standards beginning two
years after the date of first applicability:
1) The base of the facility must be constructed of materials capable of
containing de-icing agents (i.e., bituminous or concrete pad).
2) The roof and walls of the facility must be constructed of materials
capable of protecting the storage pile from precipitation and
capable of preventing dissolved de-icing agents from entering into
the adjacent soil, surface water, or groundwater. The walls of the
facility must be constructed of materials compatible with the de-
icing agents to be placed in the facility. Run-off from the roof
must be diverted away from the loading pad.
3) All areas surrounding the storage pile, including but not limited to
the loading pad, must be routinely inspected to determine whether
any release of de-icing agents has occurred. Such areas shall be
cleaned as necessary. Spilled de-icing agents must be placed back
under the protective covering of the indoor storage pile. The
storage pile must be reshaped as often as necessary to prevent
leaching.
4) The integrity of the facility and loading pad must be maintained.
5) All areas surrounding the storage facility must be inspected daily
to determine whether any release of de-icing agents has occurred.
Spilled de-icing agents must be placed back into the storage
facility.
b) Outdoor facilities or units must comply with the following standards
beginning two years after the date of first applicability:
1) An impermeable membrane or cover must be placed over all
storage piles to protect the piles from precipitation and surface
water run-on. The membrane or cover must prevent run-off and
leachate from being generated by the outdoor storage piles. The
piles must be formed in a conical shape, covered and stored on a
paved pad capable of preventing leachate from entering adjacent
soil, surface water, or groundwater.
2) Surface drainage must be directed to prevent flow through the base
of the storage piles. De-icing agents must not be stored where
drainage may enter into water supplies, farm lands or streams.
3) All areas surrounding the storage piles must be cleaned and must
be inspected daily to determine whether any release of de-icing
agents has occurred. Spilled de-icing agents must be placed back
under the protective covering of the outdoor storage piles. The
storage piles must be reshaped as often as necessary to prevent
leaching.
4) The storage piles must be designed and operated to control wind
dispersal of the product by means other than wetting.
Section 615.724 Closure
a) At closure, all de-icing agents must be removed from the site, discharge
control equipment and discharge confinement structures.
b) All de-icing agents that are to be disposed of in the State of Illinois must
be disposed of at a disposal site permitted by the Agency under the Act.