CONTROLS WHICH WILL BE UTILIZED TO MINIMIZE THE

POTENTIAL FOR CONTAMINATION OF THE POTABLE WATER

SUPPLY WELL. (Section 14.2(c) of the Act)

 

e) THE BOARD SHALL GRANT AN EXCEPTION, WHENEVER IT IS

FOUND UPON PRESENTATION OF ADEQUATE PROOF, THAT

COMPLIANCE WITH THE SETBACK REQUIREMENTS OF THIS

SECTION WOULD POSE AN ARBITRARY AND UNREASONABLE

HARDSHIP UPON THE PETITIONER, THAT THE PETITIONER

WILL UTILIZE THE BEST AVAILABLE TECHNOLOGY CONTROLS

ECONOMICALLY ACHIEVABLE TO MINIMIZE THE LIKELIHOOD

OF CONTAMINATION OF THE POTABLE WATER SUPPLY WELL,

THAT THE MAXIMUM FEASIBLE ALTERNATIVE SETBACK WILL

BE UTILIZED, AND THAT THE LOCATION OF SUCH POTENTIAL

SOURCE OR POTENTIAL ROUTE WILL NOT CONSTITUTE A

SIGNIFICANT HAZARD TO THE POTABLE WATER SUPPLY

WELL. (Section 14.2(c) of the Act)

 

f) A DECISION MADE BY THE BOARD PURSUANT TO THIS

SUBSECTION SHALL CONSTITUTE A FINAL DETERMINATION.

(Section 14.2(c) of the Act)

 

g) THE GRANTING OF AN EXCEPTION BY THE BOARD SHALL NOT

EXTINGUISH THE WATER WELL OWNER'S RIGHTS UNDER

SECTION 6b OF THE ILLINOIS WATER WELL CONSTRUCTION

CODE IN INSTANCES WHERE THE OWNER HAS ELECTED NOT

TO PROVIDE A WAIVER PURSUANT TO subsection (a) OF THIS

SECTION. (Section 14.2(c) of the Act)

 

(Source: Amended at 21 Ill. Reg.6543, effective May 8, 1997.)

 

Section 616.105 General Exceptions

 

a) This Part does not apply to any facility or unit, or to the owner or operator

of any facility or unit, for which:

 

1) The owner or operator obtains certification of minimal hazard

pursuant to Section 14.5 of the Act; or

 

2) Alternate requirements are imposed in an adjusted standard

proceeding or in a site-specific rulemaking, pursuant to Title VII

of the Act; or

 

3) Alternate requirements are imposed in a regulated recharge area

proceeding pursuant to Section 17.4 of the Act; or

 

---

4) 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 in any adjusted standard proceeding, site-

specific rulemaking or a regulatory proceeding establishing the regulated

recharge area.

 

(Source: Amended at 17 Ill. Reg. 1878, effective January 28, 1993)

 

SUBPART B: GROUNDWATER MONITORING REQUIREMENTS

 

Section 616.201 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;

 

d) Fertilizer storage and handling units subject to Subpart J;

 

e) Road oil storage and handling units subject to Subpart K; and

 

f) De-icing agent storage and handling units subject to Subpart L.

 

Section 616.202 Compliance Period

 

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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 616.211(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

616.211(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

616.211.

 

Section 616.203 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 616.204 Groundwater Monitoring System

 

a) 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 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.

 

c) 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.

 

Section 616.205 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.

 

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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.

Conditions under which a groundwater monitoring program no longer

satisfies the requirements of this Section include, but are not limited to:

 

1) A Maximum Allowable Result (MAR) is exceeded in any

monitoring well that is being used as a background monitoring

well or that the owner or operator has previously determined to be

hydraulically upgradient from the facility; or

 

2) A redetermination of groundwater flow rate and direction

conducted pursuant to subsection (d) shows that the existing

monitoring system is not capable of assessing groundwater quality

at the compliance points or points.

 

Section 616.206 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 616.207 Determining Background Values and Maximum Allowable

Results ("MARs")

 

a) The owner or operator shall, beginning no later than the beginning of

operation of the unit and continuing for a period of at least one year,

sample each monitoring well at least every two months and analyze each

such sample according to the following program:

 

1) For a unit subject to Subpart E (land treatment units), Subpart F

(surface impoundments), Subpart K (road oil storage and handling

units), or Subpart L (de-icing agent storage and handling units),

analysis shall be for pH, specific conductance, total organic

carbon, total organic halogen, and any other parameter that meets

the following criteria:

 

A) Material containing such parameter is stored, treated or

disposed of at the unit; and

 

B) There is a groundwater standard for such parameter.

 

---

2) For a unit subject to Subpart I for the storage and handling of

pesticides, analysis shall be for each pesticide stored or handled at

the unit.

 

3) For a unit subject to Subpart J for the storage and handling of

fertilizer, analysis shall be for pH, specific conductance, total

organic carbon, nitrates as nitrogen, ammonia nitrogen and for any

other parameter that meets the following criteria:

 

A) Material containing such parameter is stored or handled at

the unit; and

 

B) There is a groundwater standard for such parameter.

 

b) The results obtained under subsection (a) shall be used to calculate the

background mean, background standard deviation and the Maximum

Allowable Result (hereinafter referred to as "MAR") for each parameter

using the following procedures:

 

1) Results from all samples collected during the year must be used in

the calculations unless the owner or operator demonstrates to the

Agency that one or more of the results was due to error in

sampling, analysis or evaluation.

 

2) All calculations must be based on a minimum of at least six sample

measurements per parameter per well.

 

3) If any measured value is equal to or greater than its PQL, or if any

measured value is greater than its corresponding groundwater

standard, the actual measured value must be used calculating the

mean and standard deviation.

 

4) If any measured value is less than its PQL and less than its

corresponding groundwater standard, the PQL rather than the

measured value is to be used in calculating the mean and standard

deviation.

 

5) Except for pH, the MAR is the quantity equal to the measured

mean value of the contaminant plus the product of the

contaminant's standard deviation times the following constant:

 

Sample Size

Constant

 

  

6 2.10

7 2.03

8 1.97

---

9 1.93

10 1.90

11 1.88

12 1.85

13 1.84

14 1.82

 

6) For pH, the upper limit for the MAR is the quantity equal to the

measured background mean pH plus the product of the calculated

background standard deviation of the samples times the constant

tabulated in subsection (a)(5).

 

7) For pH, the lower limit of the MAR is the quantity equal to the

measured background mean pH minus the product of the

calculated background standard deviation of the samples times the

constant tabulated in subsection (a)(5).

 

Section 616.208 Continued Sampling

 

Upon completion of the background sampling required pursuant to Section 616.207, the

owner or operator shall sample each monitoring well for the duration of the compliance

period and analyze each sample, except as provided in Section 616.209, according to the

following program:

 

a) For a unit subject to Subpart E (land treatment units) or Subpart F (surface

impoundments), sampling shall be at least quarterly and analysis shall be

for pH, specific conductance, total organic carbon, total organic halogen,

and any other parameter that meets the following criteria:

 

1) Material containing such parameter is stored, treated or disposed of

at the unit; and

 

2) The Board has adopted a groundwater standard for such parameter.

 

b) For a unit subject to Subpart I for the storage and handling of pesticides,

sampling shall be at least quarterly, except as provided in subsection (d),

and analysis shall be 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 the pesticides 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) For a unit subject to Subpart J for the storage and handling of fertilizer,

sampling shall be at least quarterly, except as provided in subsection (d),

and analysis shall be for pH, total organic carbon, nitrates as nitrogen,

ammonia nitrogen, and specific conductance.

 

d) Subsections (b) and (c) notwithstanding, for a unit subject to Subpart I for

the storage and handling of pesticides or for a unit subject to Subpart J for

the storage and handling of fertilizers, sampling shall be 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

 

e) For a unit subject to Subpart K for the storage and handling of road oils or

subject to Subpart L for the storage and handling of de-icing agents,

sampling shall be annually and analysis shall be for pH, specific

conductance, total organic carbon and total organic halogen.

 

Section 616.209 Preventive Notification and Preventive Response

 

a) Preventive notification is required for each well in which:

 

1) A MAR is found to be exceeded (except for pH), or

 

2) There is a detection of any contaminant:

 

A) Required to be monitored under Section 616.207(a);

 

B) Listed under 35 Ill. Adm. Code 620.310(a)(3)(A) (except

due to natural causes and except for pH);

 

---

C) Denoted as carcinogen under 35 Ill. Adm. Code

620.410(b); or

 

D) Subject to a standard under 35 Ill. Adm. Code 620.430

(except due to natural causes).

 

b) Whenever preventive notification is required under subsection (a), the

owner or operator of the unit shall confirm the detection by resampling the

monitoring well or wells. This resampling shall be analyzed for each

parameter found to be present in the first sample and be performed within

30 days after the date on which the first sample analyses are received, but

no later than 90 days after the results of the first sample are received.

 

c) If preventive notification is provided under subsection (b) by the owner or

operator and the applicable standard has not been exceeded, the Agency

shall determine whether the levels for each parameter as set forth in 35 Ill.

Adm. Code 620.310(a)(3)(A) are exceeded. If an exceedence is

determined, the Agency shall notify the owner or operator in writing

regarding such finding.

 

d) Upon receipt of a finding that an exceedence has occurred, the owner or

operator shall submit to the Agency within 60 days a report that, at a

minimum, shall include the degree and extent of contamination and the

measures that are being taken to minimize or eliminate this contamination,

in accordance with a prescribed schedule. The owner or operator may also

provide a demonstration that:

 

1) The contamination is the result of contaminants remaining in

groundwater from a prior release for which appropriate action was

taken in accordance with the laws and regulations in existence at

the time of the release;

 

2) The source of contamination is not due to the on-site release of

contaminants; or

 

3) The detection resulted from error in sampling analysis or

evaluation.

 

e) Based upon the report in subsection (d) as well as any other relevant

information available to the Agency, the Agency shall provide a written

response to the owner or operator that specifies either:

 

1) Concurrence with the preventive response being undertaken; or

 

2) Non-concurrence with the preventive response being undertaken

and a description of the inadequacies of such action.

---

 

f) An owner or operator who receives a written response of concurrence

pursuant to subsection (e) shall provide periodic program reports to the

Agency regarding the implementation of the preventive response.

 

g) An owner or operator who receives a written response of non-concurrence

pursuant to subsection (e) shall have 30 days to correct the inadequacies

and to resubmit the report to the Agency or to request a conference with

the Agency. Upon receipt of a written request for such a conference, the

Agency shall schedule and hold the conference within 30 days. Following

a conference, the Agency shall provide the owner or operator with a final

determination regarding the adequacy of the preventive response.

 

h) An owner or operator shall be responsible for implementing adequate

preventive response as determined pursuant to this Section.

 

i) After completion of preventive response, the concentration of a

contamination listed in 35 Ill. Adm. Code 620.310(a)(3)(A) in

groundwater may exceed 50 percent of the applicable numerical standard

in 35 Ill. Adm. Code 620.Subpart D only if the following conditions are

met:

 

1) The exceedence has been minimized to the extent practicable;

 

2) Beneficial use, as appropriate for the class of groundwater, has

been assured; and

 

3) Any threat to public health or the environment has been

minimized.

 

j) Nothing in this Section shall in any way limit the authority of the State or

the United States to require or perform any corrective action process.

 

Section 616.210 Corrective Action Program

 

Whenever any applicable groundwater standard under 35 Ill. Adm. Code 620.Subpart D

is exceeded, an owner or operator shall be required to undertake the following corrective

action:

 

a) Notify the Agency of the need to undertake a corrective action program

when submitting the groundwater monitoring results required pursuant to

Section 616.206. The notification must indicate in which wells and for

which parameters a groundwater standard was exceeded.

 

b) Continue to sample and analyze according to the provisions of Section

616.208(a), except that:

---

 

1) For all units subject to Subpart I for the storage and handling of

pesticides, the frequency of all such sampling shall be quarterly

until no measured values above the groundwater standard have

been recorded for any parameter for two consecutive quarters.

 

2) For a unit subject to Subpart J for the storage and handling of

fertilizers, sampling shall be quarterly for the parameters set forth

in Section 616.207(a)(3) stored or handled at the unit until no

measured values above the groundwater standard have been

recorded for two consecutive quarters.

 

c) If sample values above any groundwater standard are confirmed pursuant

to Section 616.209(b), the owner or operator shall:

 

1) Submit to the Agency an engineering feasibility plan for a

corrective action program designed to achieve the requirements of

subsection (e) through (j).

 

A) Such feasibility plan shall be submitted to the Agency

within 180 days after the date of the sample in which a

groundwater standard was initially exceeded.

 

B) This requirement is waived if no groundwater standard is

exceeded in any sample taken pursuant to subsection (b) for

two consecutive quarters.

 

d) Except as provided in subsection (c)(1)(B), the Agency shall provide a

written response to the owner or operator based upon the engineering

feasibility plan and any other relevant information that specifies either:

 

1) Concurrence with the feasibility plan for corrective action; or

 

2) Non-concurrence with the feasibility plan for corrective action and

a description of the inadequacies of such plan.

 

e) An owner or operator who receives a written response of concurrence

pursuant to subsection (d) shall provide periodic progress reports to the

Agency regarding the implementing of the preventive response.

 

f) An owner or operator who receives a written response of non-concurrence

pursuant to subsection (d) shall have 30 days to correct the inadequacies

and to resubmit the report to the Agency or to request a conference with

the Agency. Upon receipt of a written request for such a conference, the

Agency shall schedule and hold the conference within 30 days. Following

---

a conference, the Agency shall provide the owner or operator with a final

determination regarding the adequacy of the corrective action.

 

g) An owner or operator shall be responsible for implementing adequate

preventive response as determined pursuant to this Section.

 

h) Except as provided in subsection (c)(1)(B), the owner or operator shall:

 

1) Begin the corrective action program specified in the engineering

feasibility plan no later than the date of receipt of concurrence

from the Agency.

 

2) Establish and implement a groundwater monitoring program to

demonstrate the effectiveness of the corrective action program.

 

3) Take corrective action that results in compliance with the

groundwater standards:

 

A) At all compliance points; and

 

B) 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.

 

4) Continue corrective action measures to the extent necessary to

ensure that no groundwater standard is exceeded at the compliance

point or points.

 

5) The owner or operator may terminate corrective action measures

taken beyond the compliance period as identified at Section

616.202 if the owner or operator can demonstrate, based on data

from the post-closure groundwater monitoring program under

subsection (h)(2), that no groundwater standard has been exceeded

for a period of three consecutive years.

 

6) Report in writing to the Agency on the effectiveness of the

corrective action program. The owner or operator shall submit

these reports semi-annually.

 

7) 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.

 

i) Subsections (b), (c) and (f) do not apply if the owner or operator makes an

alternative corrective action demonstration pursuant to Section 616.211.

 

Section 616.211 Alternative Corrective Action Demonstration

 

If a corrective action program is required pursuant to Section 616.210, it is presumed that

contamination from the facility or unit that is being monitored is responsible for the

groundwater 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 groundwater standard to be exceeded, or that the cause of the

groundwater standard being exceeded is due to error in sampling, analysis or evaluation.

 

a) In making such demonstration the owner or operator shall:

 

1) Notify the Agency that the owner or operator intends to make a

demonstration under this Section when submitting the groundwater

monitoring results pursuant to Section 616.206; and

 

2) 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

616.206; and

 

b) The Agency shall provide a written response to the owner or operator,

based upon the written demonstration and any other relevant information,

that specifies either:

 

1) Concurrence with the written demonstration for alternative

corrective action with requirements to continue to monitor in

accordance with the groundwater monitoring program established

pursuant to Sections 616.205 and 616.210; or

 

2) Non-concurrence with the written demonstration for alternative

corrective action and a description of the inadequacies of such

demonstration.

 

c) An owner or operator who receives a written response of non-concurrence

pursuant to subsection (c) shall have 30 days to so respond to the Agency

in writing or to request a conference with the Agency. Upon receipt of a

written request for such a conference, the Agency shall schedule and hold

---

the conference within 30 days. Following a conference, the Agency shall

provide the owner or operator with a final determination regarding the

adequacy of the alternative corrective action.

 

d) The owner or operator shall begin the corrective action program in

accordance with the requirements of Section 616.210(f).

 

SUBPART C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS

 

Section 616.301 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 616.302 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, or 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 616.303 Certification of Closure

 

 

Within 60 days after completion of closure of each unit, 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.

 

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Section 616.304 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 616.305 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 Subparts D, E, 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 616.306 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 616.307 Post-Closure Care Period

 

 

The post-closure care period is as defined at Section 616.202.

 

SUBPART D: ON-SITE LANDFILLS

 

Section 616.401 Applicability

 

This Subpart applies to new landfill units which 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 new 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 616.105.

 

Section 616.402 Prohibitions

 

a) Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person

shall cause or allow the construction or operation of any landfill unit that

is:

 

1) Located wholly or partially within a minimum setback zone and

that is either a new potential primary source or a new potential

secondary source, except as specified in Sections 616.104(a) and

(b); or

 

2) Located wholly or partially within a maximum setback zone and

that is a new potential primary source, except as specified in

Section 616.104(b).

 

b) No person shall cause or allow the disposal of special waste in a new on-

site landfill unit within a regulated recharge area if the distance from the

wellhead of the community water supply well to the landfill unit is 2500

feet or less, except as provided at Section 616.105.

 

 

SUBPART E: ON-SITE LAND TREATMENT UNITS

 

Section 616.421 Applicability

 

This Subpart applies to new 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 new 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 616.105.

 

Section 616.422 Prohibitions

 

a) Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person

shall cause or allow the construction or operation of any land treatment

unit that is:

 

---

1) Located wholly or partially within a minimum setback zone and

that is either a new potential primary source or a new potential

secondary source, except as specified in Sections 616.104(a) and

(b); or

 

2) Located wholly or partially within a maximum setback zone and

that is a new potential primary source, except as specified in

Section 616.104(b).

 

b) Nothing in this Section shall prohibit land treatment within a maximum

setback zone regulated by the Act 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 616.423 Groundwater Monitoring

 

The owner or operator shall comply with the requirements of Subpart B.

 

Section 616.424 Design and Operating Requirements

 

The owner or operator shall design and operate the land treatment site in accordance with

35 Ill. Adm. Code: Subtitle C and 35 Ill. Adm. Code: Subtitle G.

 

Section 616.425 Closure and Post-Closure Care

 

The owner or operator shall comply with the requirements of Subpart C.

 

SUBPART F: ON-SITE SURFACE IMPOUNDMENTS

 

Section 616.441 Applicability

 

This Subpart applies to new 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 new

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 616.105.

 

Section 616.442 Prohibitions

 

Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person shall cause or

allow the construction or operation of any surface impoundment unit that is:

---

 

a) Located wholly or partially within a minimum setback zone and that is

either a new potential primary source or a new potential secondary source,

except as specified in Sections 616.104(a) and (b); or

 

b) Located wholly or partially within a maximum setback zone and that is a

new potential primary source, except as specified in Section 616.104(b).

 

Section 616.443 Groundwater Monitoring

 

The owner or operator shall comply with the requirements of Subpart B.

 

Section 616.444 Design Requirements

 

a) The owner or operator of a surface impoundment shall install two or more

liners and a leachate collection system between such liners. The

requirement for the installation of two or more liners in this subsection

may be satisfied by the installation of a top liner designed, operated, and

constructed of materials to prevent the migration of any constituent into

such liner during the period such facility remains in operation (including

any post-closure monitoring period), and a lower liner designed, operated

and constructed to prevent the migration of any constituent through such

liner during such period. For the purpose of the preceding sentence, a

lower liner shall be deemed to satisfy such requirement if it is constructed

of at least a 5-foot thick layer of recompacted clay or other natural

material with a permeability of no more than 1 X 10(-7) centimeter per

second.

 

b) A surface impoundment must be designed, constructed, maintained and

operated to prevent overtopping resulting from normal or abnormal

operations; overfilling; wind and wave action; rainfall; run-on;

malfunctions of level controllers, alarms and other equipment; and human

error.

 

c) A surface impoundment must have dikes that are designed, constructed

and maintained with sufficient structural integrity to prevent massive

failure of the dikes. In ensuring structural integrity, it must not be

presumed that the liner system will function without leakage during the

active life of the surface impoundment.

 

d) The owner or operator shall maintain the following items:

 

1) Records describing the contents of the impoundment; and

 

---

2) A map showing the exact location and dimensions of the

impoundment, including depth with respect to permanently

surveyed benchmarks.

 

Section 616.445 Inspection Requirements

 

a) During construction and installation, liners must be inspected for

uniformity, damage and imperfections (e.g., holes, cracks, thin spots or

foreign materials). Immediately after construction or installation:

 

1) Synthetic liners and covers must be inspected to ensure tight seams

and joints and the absence of tears, punctures and blisters; and

 

2) Soil-based and admixed liners and covers must be inspected for

imperfections including lenses, cracks, channels, root holes or

other structural non-uniformities that may cause an increase in the

permeability of that liner or cover.

 

b) While a surface impoundment is in operation, it must be inspected weekly

and after storms to detect evidence of any of the following:

 

1) Deterioration, malfunctions or improper operation of overtopping

control systems;

 

2) Sudden drops in the level of the impoundment's contents;

 

3) Severe erosion or other signs of deterioration in dikes or other

containment devices; or

 

4) A leaking dike.

 

Section 616.446 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

616.447.

 

Section 616.447 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 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;

 

D) Accommodate settling and subsidence so that the cover's

integrity is maintained; and

 

E) Have a permeability less than or equal to the permeability

of any bottom liner system.

 

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 for a period of 5 years after closure:

 

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.

 

(Source: Amended in R96-18 at 21 Ill. Reg. 6543, effective May 8, 1997.)

 

SUBPART G: ON-SITE WASTE PILES

 

Section 616.461 Applicability

 

This Subpart applies to new 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 new waste pile that:

 

a) Contains solely one or more of the following: hazardous waste, livestock

waste, landscape waste, or construction and demolition debris; or

 

b) Consists of sludge resulting from the treatment of domestic wastewater

from a 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 616.105.

 

Section 616.462 Prohibitions

 

a) Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person

shall cause or allow the construction or operation of any waste pile that is:

 

1) Located wholly or partially within a minimum setback zone and

that is either a new potential primary source or a new potential

secondary source, except as specified in Sections 616.104(a) and

(b); or

 

2) Located wholly or partially within a maximum setback zone and

that is a new potential primary source, except as specified in

Section 616.104(b).

 

b) No person shall cause or allow the disposal of special waste in a new

waste pile within a regulated recharge area if the distance from the

wellhead of the community water supply well to the waste pile is 2500

feet or less, except as provided at Section 616.105

 

c) Nothing in this Section shall prohibit a waste pile, within a maximum

setback zone regulated by the Act, 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, 35 Ill. Adm. Code: Subtitle C, Subtitle F, and Subtitle G.

 

Section 616.463 Design and Operating Requirements

 

a) No person shall 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) A 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.

 

Section 616.464 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 616.501 Applicability

 

This Subpart applies to new 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 new 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 616.105.

 

Section 616.502 Design and Operating Requirements

 

Owners and operators of new 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) shall

not apply to any underground storage tank that stores special waste.

 

SUBPART I: PESTICIDE STORAGE AND HANDLING UNITS

 

Section 616.601 Applicability

 

a) This Subpart applies to any new unit for the storage and handling of

pesticides that is located wholly or partially within a setback zone or

regulated recharge area and that:

 

1) Is operated for the purpose of commercial application; or

---

 

2) 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.

 

b) Subsections (1) and (2) notwithstanding, this Subpart does not apply to

any unit exempt pursuant to Section 616.105.

 

Section 616.602 Prohibitions

 

Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person shall cause or

allow the construction or operation of any unit for the storage and handling of pesticides

that is:

 

a) Located wholly or partially within a minimum setback zone and that is

either a new potential primary source or a new potential secondary source,

except as specified in Section 616.104(a) and (b); or

 

b) Located wholly or partially within a maximum setback zone and that is a

new potential primary source, except as specified in Section 616.104(b).

 

Section 616.603 Groundwater Monitoring

 

The owner or operator shall comply with the requirements of Subpart B.

 

Section 616.604 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 616.605 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 616.621 Applicability

 

This Subpart applies to any new 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 shall not apply to

any unit exempt pursuant to Section 616.105.

 

Section 616.622 Prohibitions

 

Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person shall cause or

allow the construction or operation of any unit for the storage and handling of fertilizers

that is:

 

a) Located wholly or partially within a minimum setback zone and that is

either a new potential primary source or a new potential secondary source,

except as specified in Sections 616.104(a) and (b); or

 

b) Located wholly or partially within a maximum setback zone and that is a

new potential primary source, except as specified in Section 616.104(b).

 

Section 616.623 Groundwater Monitoring

 

The owner or operator shall comply with the requirements of Subpart B.

 

Section 616.624 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 616.625 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 616.701 Applicability

 

This Subpart applies to any new 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 616.105.

 

Section 616.702 Prohibitions

 

Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e) of the Act, no person shall cause or

allow the construction or operation of any unit for the storage and handling of road oils

that is:

 

---

a) Located wholly or partially within a minimum setback zone and that is

either a new potential primary source or a new potential secondary source,

except as specified in Sections 616.104(a) and (b); or

 

b) Located wholly or partially within a maximum setback zone and that is a

new potential primary source, except as specified in Section 616.104(b).

 

Section 616.703 Groundwater Monitoring

 

The owner or operator shall comply with the requirements of Subpart B.

 

Section 616.704 Design and Operating Requirements for Above-Ground

Storage Tanks

 

a) The owner or operator of a tank 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 sanitary 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 run off from the secondary

containment area immediately after a precipitation event.

 

3) Handle contaminated storm water run off 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.

 

Section 616.705 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 616.721 Applicability

 

This Subpart applies to any new facility 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 616.105. For the purpose of this Subpart:

 

a) An indoor storage unit means a storage unit with a roof capable of

protecting the 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 616.722 Prohibitions

 

a) Pursuant to Sections 14.2(a), 14.2(c) and (14.3(e) of the Act, no person

shall cause or allow the construction or operation of any unit for the

storage and handling of de-icing agents that is:

 

1) Located wholly or partially within a minimum setback zone and

that is either a new potential primary source or a new potential

secondary source, except as specified in Sections 616.104(a) and

(b); or

 

2) Located wholly or partially within a maximum setback zone and

that is a new potential primary source, except as specified in

Section 616.104(b).

 

---

b) No person shall cause or allow the construction or operation within any

setback zone of any outdoor facility for the storage and handling of de-

icing agents, except as provided at Section 616.105.

 

Section 616.723 Groundwater Monitoring

 

The owner or operator shall comply with the requirements of Subpart B.

 

Section 616.724 Design and Operating Requirements for Indoor Storage

Facilities

 

a) The base of the facility must be constructed of materials capable of

containing de-icing agents (i.e., bituminous or concrete pad).

 

b) 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.

 

c) The loading pad of the facility must be constructed of materials capable of

containing a spill (i.e., concrete or bituminous pad). The borders of the

loading pad must be curbed to prevent dry or dissolved de-icing agents

from migrating from the loading pad into the adjacent soils, surface water,

or groundwater. The loading pad must be covered by a roof of sufficient

size to provide the pad and de-icing agents with protection from

precipitation to prevent run-off or dissolved de-icing agents from entering

into the adjacent soil, surface water, or groundwater.

 

d) 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.

 

e) The integrity of the facility and loading pad must be maintained.

 

f) 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.

 

Section 616.725 Closure

 

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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.