TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 817

REQUIREMENTS FOR NEW STEEL AND FOUNDRY INDUSTRY WASTES

LANDFILLS

SUBPART A: GENERAL REQUIREMENTS

Section

817.101

Scope and Applicability

817.103

Determination of Waste Status

817.104 Sampling Frequency

817.105 Waste Classification

817.106

Waste Classification Limits

817.107 Waste Mining

SUBPART B: STANDARDS FOR MANAGEMENT OF BENEFICIALLY

USABLE STEEL AND FOUNDRY INDUSTRY WASTES

Section

817.201

Scope and Applicability

817.202

Limitations on Use

817.203 Notification

817.204 Long-Term Storage

SUBPART C: STEEL AND FOUNDRY INDUSTRY POTENTIALLY USABLE

WASTE LANDFILLS

Section

817.301

Scope and Applicability

817.302 Design Period

817.303 Final Cover

817.304

Final Slope and Stabilization

817.305 Leachate Sampling

817.306 Load Checking

817.309 Facility Location

SUBPART D: NEW STEEL AND FOUNDRY INDUSTRY LOW RISK WASTE

LANDFILLS

Section

817.401

Scope and Applicability

817.402 Facility Location

817.403 Design Period

817.404

Foundation and Mass Stability Analysis

817.405 Foundation Construction

817.406 Liner Systems

817.407

Leachate Drainage System

817.408

Leachate Collection System

817.409

Leachate Treatment and Disposal System

817.410

Final Cover System

817.411

Hydrogeologic Site Investigations

817.412

Plugging and Sealing of Drill Holes

817.413

Groundwater Impact Assessment

817.414

Design, Construction and Operation of Groundwater Monitoring Systems

817.415

Groundwater Monitoring Programs

817.416

Groundwater Quality Standards

817.417 Waste Placement

817.418

Final Slope and Stabilization

817.419 Load Checking

SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section

817.501

Scope and Applicability

Section

Appendix A

Organic Chemical Constituents List

AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 28.1, and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/5, 5/21, 5/21.1, 5/22,

5/22.17, 5/28.1, and 5/27].

SOURCE: Adopted in R90-26(A) at 18 Ill. Reg. 12411, effective August 1, 1994;

amended in R90-26(B) at 18 Ill. Reg. 14370, effective September 13, 1994; amended in

R96-3 at 21 Ill. Reg. 1183, effective January 14, 1997; expedited correction in R96-3 at

21 Ill. Reg. 5946, effective January 14, 1997.

SUBPART A: GENERAL REQUIREMENTS

Section 817.101 Scope and Applicability

a) In addition to the requirements of 35 Ill. Adm. Code 811.Subpart A, the

standards of this Part apply exclusively to the non-putrescible wastes

produced by the following processes:

1) The steel and foundry processes covered by SIC Codes 331 and

332 with the exception of those industries identified by SIC Code

3313; and

2) The foundry processes at business operations whose primary SIC

Code is not included within the SIC Code 332.

b) Landfill units regulated under this Part shall accept waste only from the

steel and foundry industries.

c) This Part shall not apply to the not otherwise prohibited use of iron and

steelmaking slags, including the use as a base for road building, but not

including use for land reclamation except as allowed under subsection (e).

d) This part shall not apply to the not otherwise prohibited use of foundry

sand which has been demonstrated as suitable for beneficial use under

Section 817.105, including the use as a base for road building, but not

including use for land reclamation except as allowed under subsection (e).

e) The Agency may approve the use of iron and steelmaking slags and

foundry sands for land reclamation purposes upon a demonstration by the

owner or operator that such uses will not cause an exceedence of the

applicable groundwater quality standards specified at 35 Ill. Adm. Code

620.

f) This Part shall not apply to the use or reuse of iron and steelmaking slags

and foundry sands as ingredients in an industrial process to make a

product.

Section 817.103 Determination of Waste Status

a) A representative sample of leachate extracted by ASTM Method D3987-

85, incorporated by reference in 35 Ill. Adm. Code 810.204, from each

waste stream to be disposed of or utilized shall be used to characterize the

expected constituents and concentrations of the leachate. Representative

samples of waste streams to be tested shall be obtained by use of ASTM

Method D2234-76, incorporated by reference in 35 Ill. Adm. Code

810.204.

b) Actual samples of leachate from an existing solid waste disposal unit or

beneficial use site may be utilized under the following conditions:

1) The waste in the existing unit is similar to the waste to be used or

disposed;

2) The conditions under which the leachate was formed are similar to

those expected to be encountered; and

3) Leachate is sampled so as to be representative of undiluted and

unattenuated leachate emanating from the unit.

Section 817.104 Sampling Frequency

a) All individual wastes streams shall be tested annually pursuant to

817.103(a).

b) Additional testing on individual waste streams shall be conducted when

any of the following occurs:

1) There is a change in the raw materials which could result in a

change in the wastes' classification;

2) There is a modification to the process which generates the waste

that could result in a change in the wastes' leaching characteristics;

3) There is an addition of a new process which may generate a new

waste material.

Section 817.105 Waste Classification

a) Wastes regulated by this Part shall be classified on the basis of leaching

potential as determined by the procedure at Section 817.103.

b) Wastes regulated by this Subpart shall fall into one of four classifications:

1) Beneficially usable waste;

2) Potentially usable waste;

3) Low risk waste; or

4) Chemical waste.

c) Maximum allowable leaching concentration (MALC) for the beneficially

usable, potentially usable and low risk classes are presented in the table at

Section 817.106. Wastes exceeding the MALCs for the low risk class

shall be regulated as chemical wastes under 35 Ill. Adm. Code

811.Subpart C.

Section 817.106 Waste Classification Limits

a) Maximum allowable leaching concentrations (MALCs) (concentrations in

mg/L):

Parameter Beneficially

1,2-Dichloroethane 0.005

0.01 0.017

1,1-Dichloroethylene 0.007 0.014 0.035

cis-1,2-Dichloroethylene

0.07 0.14 0.35

trans-1,2-Dichloroethylene

0.1 0.2 0.5

1,2-Dichloropropane 0.005 0.01

Tetrachloroethylene 0.005

0.01 0.025

Toluene

1. 2. 5.

1,1,1-Trichloroethane

0.2 0.4 1.

Trichloroethylene 0.005

0.01

0.025

Trihalomethanes (total)

(Secondary Standards)

b) The Agency, upon application by an owner or operator, may allow

exceedences of any secondary standard provided that the applicant can

make an adequate showing, using the groundwater impact assessment

procedures of Section 817.413, that the limit increase will not result in an

exceedence of the groundwater quality standards specified in Section

817.416.

Section 817.107 Waste Mining

a) Owner or operator may mine landfills covered by this Part, including

previously abandoned or closed units to recover usable materials, in

accordance with this Section. The handling, storage, and ultimate use of

the mined wastes shall conform with the requirements of this Part.

b) Owner or operator shall develop a closure plan for the mined area. The

closure plan shall be consistent with the closure requirements of Subpart C

of this Part. The closure plan shall be submitted to the Agency prior to

initiating mining activity.

c) If the facility is conducting mining operations on August 1, 1994, the

owner or operator shall submit a closure plan to the Agency within 60

days after August 1, 1994.

d) If, during the mining operation, wastes are discovered in the landfill that

exceed the MALCs for low risk wastes, the owner or operator shall amend

the closure plan to ensure that the closure complies with the standards of

35 Ill. Adm. Code 814.402.

e) If no waste is removed from the landfill for a period of greater than one

year, the owner or operator shall initiate closure.

f) Following completion of the mining activity, those portions of the landfill

that were disturbed and that still contain waste shall be closed pursuant to

the closure plan.

g) No new wastes may be disposed of in the mined areas of the landfill

during or after the mining operation unless provided for in the closure

plan.

SUBPART B: STANDARDS FOR MANAGEMENT OF BENEFICIALLY

USABLE STEEL AND FOUNDRY INDUSTRY WASTES

Section 817.201 Scope and Applicability

The standards of this Subpart, along with 35 Ill. Adm. Code 811.101 and 811.102, shall

apply to all steel and foundry industry wastes not exempt under Section 817.101 and

which meet the MALC limits for beneficially usable wastes provided in Section 817.106.

Section 817.202 Limitations on Use

a) Wastes regulated by this Subpart may only be used as substitutes for

commercially available materials including soil used for land reclamation

purposes. Open dumps containing beneficial waste are prohibited.

b) Storers of wastes shall take all necessary precautions to ensure that the

waste piles do not present a dust or runoff nuisance or produce violations

of the Act or regulations promulgated pursuant thereto.

c) Access to the open face of the beneficially usable waste storage area and

all other areas within the boundaries of the facility shall be restricted to

prevent unauthorized entry at all times.

Section 817.203 Notification

a) The generator of wastes regulated by this Subpart, including persons

conducting waste mining under 817.107, shall certify that the waste sent

to an offsite beneficial use meets the Subpart A requirements for

beneficial waste. A copy of the certification shall be attached to the Bill

of Lading for each shipment.

b) The generator of wastes regulated by this Subpart shall submit the

following information to the Agency for each new recipient of the waste

and for each new use location:

1) A detailed description of the process generating the material;

2) A demonstration that the proposed material handling activity will

not cause a release or threat of release of contaminants to the air or

water that will exceed standards promulgated by the Board or

would adversely affect or impact human health or the environment;

3) A physical description of the waste stream. This description

should include information on size, shape, form, particle size, and

volume of the waste;

4) The analytical results of the leaching test completed pursuant to

Section 817.103;

5) A physical analysis of the waste including percent moisture,

ignitability, corrosivity, solubility, and reactivity;

6) Groundwater monitoring data, if available; and

7) A description of the proposed use or reuse activity and site

including location, special handling instructions, and estimated

usage timetable.

Section 817.204 Long-Term Storage

a) A storage pile that is regulated by this subpart shall be closed as a landfill

pursuant to the provisions of Subpart C of this Part unless the owner or

operator can demonstrate that wastes have either been added to or

removed from the unit within the preceding year. At a minimum, such

demonstration shall include photographs, records or other observable or

discernable information.

b) An owner or operator of a storage pile may obtain up to a six month

extension of the closure requirement from the Agency upon providing

proof, in the form of a past or present sales contract or similar evidence,

that a specific market for the material exists.

SUBPART C: STEEL AND FOUNDRY INDUSTRY POTENTIALLY USABLE

WASTE LANDFILLS

Section 817.301 Scope and Applicability

The standards of this Subpart, in addition to the requirements of 35 Ill. Adm. Code

811.Subpart A, shall apply to all landfills in which only potentially usable waste is to be

placed. The landfills regulated by this Subpart may accept beneficially usable waste for

disposal.

Section 817.302 Design Period

The design period for all potentially usable waste disposal units shall be the estimated

operating life of the unit plus a minimum postclosure care period of five years. For

landfills, other than those used exclusively for disposing waste generated at the site, the

minimum postclosure care period, for purposes of monitoring settling at the site, shall be

15 years.

Section 817.303 Final Cover

Unless otherwise specified in a permit or other written Agency approval, a minimum of

0.46 meters (1.5 feet) of soil material that will support vegetation which prevents or

minimizes erosion shall be applied over all disturbed areas.

Section 817.304 Final Slope and Stabilization

a) The waste disposal unit shall be designed and constructed to achieve a

minimum static slope safety factor of 1.5 and a minimum seismic safety

factor of 1.3.

b) Standards for vegetation:

1) Vegetation shall be promoted on all reconstructed surfaces to

minimize wind and water erosion;

2) Vegetation shall be compatible with (i.e., grow and survive under)

the local climatic conditions;

3) Vegetation shall require little maintenance;

4) Vegetation shall consist of a diverse mix of native and introduced

species consistent with the postclosure land use; and

5) Temporary erosion control measures, including, but not limited to,

the application, alone or in combination, of mulch, straw, netting,

or chemical soil stabilizers, shall be undertaken while vegetation is

being established.

c) The landfill site shall be monitored for settling as specified in Section

817.302 in order to meet the requirements of this Section.

Section 817.305 Leachate Sampling

a) All potentially usable waste landfills shall be designed to include a

monitoring system capable of collecting representative samples of

leachate generated by the waste, using methods such as, but not limited to,

a pressure-vacuum lysimeter, trench lysimeter or a well point. The

sampling locations shall be located so as to collect the most representative

leachate samples. Samples will not be composited but analyzed

individually.

b) Leachate samples shall be collected and analyzed at least once every six

months to determine, using the statistical procedures of 35 Ill. Adm.

Code 811.320(e)(2) and (e)(3), whether the Section 817.106 limits for

potentially usable waste have been exceeded.

c) If the results of testing of leachate samples in accordance with subsection

(b) above indicate that the organic chemical limits for potentially usable

waste, as defined in Section 817.106, have not been exceeded for four

consecutive sampling periods, the subsection (b) sampling frequency for

organics shall be reduced to once every two years.

d) If the results of testing of leachate samples in accordance with subsection

(b) of this Section confirm that the leachate exceeds the limits for

potentially usable waste as defined in Section 817.106, the operator shall:

1) notify the Agency in writing of this finding within 10 days

following the finding;

2) verify the exceedence by taking additional samples within 45 days

after the initial observation;

3) report the results of the verification sampling to the Agency within

60 days after the initial observation;

4) determine the cause of the exceedence which may include, but not

be limited to, the waste itself, natural phenomena, sampling or

analysis errors, or an offsite source;

5) notify the Agency in writing of a confirmed exceedence and

provide the rationale used in such a determination within ten days

after the determination; and

6) if the exceedence is attributable to the landfill, return to a quarterly

sampling program for organics until such time as the exceedences

cease.

e) If, as a result of further testing of the leachate pursuant to subsection

(d)(2) of this Section and statistical analysis of the results in accordance

with 35 Ill. Adm. Code 811.320(e), it is determined that the facility

leachate exceeds the Section 817.106 limits for potentially usable waste,

but does not exceed the limits for low risk waste, the facility shall:

1) no longer be subject to the potentially usable waste landfill

requirements of Subpart C of this Part;

2) immediately be subject to the requirements for Low Risk Waste

Landfills of 35 Ill. Adm. Code 814.602.

f) If the results of the retesting completed pursuant to Section 817.305(d)(2)

indicate that the leachate exceeds the Section 817.106 limits for low risk

waste landfills, the facility shall:

1) no longer be subject to the potentially usable waste landfill

requirements of Subpart C of this Part;

2) immediately cease accepting waste;

3) within 60 days, develop a closure plan that incorporates the

requirements of 35 Ill. Adm. Code 811.Subpart C; and

4) initiate closure within 90 days pursuant to a closure plan and

complete closure within one year or pursuant to an alternate

closure schedule that has been approved, in writing, by the

Agency.

g) The results of the chemical analysis tests shall be included in the quarterly

groundwater reports submitted to the Agency in accordance with 35 Ill.

Adm. Code 813.502 for permitted facilities and 35 Ill. Adm. Code

815.Subpart D for non-permitted facilities.

Section 817.306 Load Checking

a) The operator shall not accept wastes for disposal at a potentially usable

waste landfill unless the wastes are accompanied by documentation that

they are potentially usable based on testing of the leachate from such

wastes performed in accordance with the requirements of Subpart A of

this Part.

b) The operator shall institute and conduct a random load checking program

at each potentially usable waste facility in accordance with the

requirements of 35 Ill. Adm. Code 811.323, except that this program

shall also be designed to:

1) detect and discourage attempts to dispose of non-potentially usable

wastes at the landfill;

2) require the facility's inspector to examine at least one random load

of solid waste delivered to the landfill on a random day each week;

and

3) require the operator to test one randomly selected waste sample

from each generator on an annual basis in accordance with Section

817.103(a) to determine if the waste is potentially usable as

defined in this Part.

c) The operator shall include the results of the load checking in the annual

report submitted to the Agency in accordance with 35 Ill. Adm. Code

813.501 for permitted facilities and 35 Ill. Adm. Code 815.Subpart C for

non-permitted facilities.

Section 817.309 Facility Location

a) No part of a unit shall be located within a setback zone established

pursuant to Section 14.2 or 14.3 of the Act.

b) No part of a unit shall be located within the recharge zone or within 366

meters (1200 feet), vertically or horizontally, of that portion of a

stratigraphic unit containing Class I or Class III groundwater as defined at

35 Ill. Adm. Code 620, unless:

1) There is a stratum between the bottom of the waste disposal unit

and the top of the Class I or Class III groundwater that meets the

following minimum requirements:

A) The stratum has a minimum thickness of 15.2 meters (50

feet);

B) The maximum hydraulic conductivity in both the horizontal

and vertical directions is no more than 1 x 10

-7

centimeters

per second, as determined by in situ borehole or equivalent

tests;

C) There is no indication of continuous sand or silt seams,

faults, fractures or cracks within the stratum that may

provide paths for migration; and

D) Age dating of extracted water samples from both the

aquifer and the stratum indicates that the time of travel for

water percolating downward through the relatively

impermeable stratum is no faster than 15.2 meters (50 feet)

in 100 years; or

2) The owner or operator of the unit has demonstrated to the Agency,

through the use of a site-specific groundwater model, or through

other appropriate means, such as historical knowledge of local

conditions or regional geological and hydrogeological data, that

operation of the unit will not adversely impact any existing Class

III groundwater or impact any Class I groundwater such that

treatment or further treatment will be required to allow reasonable

use of such Class I groundwater for potable water supply purposes.

A) Factors to be considered in evaluating whether a Class I

groundwater may be reasonably used for potable supply

purposes include, but are not limited to:

i) Physical or technological practicability of

development;

ii) Existence of deed restrictions or other legal

mechanisms for imposing a restriction on land use;

and

iii) The nature of an existing use of the groundwater.

B) In performing groundwater modeling, the owner or

operator shall:

i) Estimate the amount of seepage from the unit

during operations assuming that the actual design

standards for the unit apply;

ii) Determine the concentration of constituents in the

leachate from actual leachate samples from the

waste or similar waste, or laboratory-derived

extracts;

iii) Collect information to develop the site-specific

groundwater model (e.g., hydraulic conductivity,

gradients, hydrogeology, stratigraphy);

iv) Develop a conceptual groundwater flow model of

the site to determine the soil units through which

leachate may migrate;

v) If leachate from the unit is expected to contain

organic constituents in excess of the MALCs for

beneficial usable waste, determine the organic

carbon content for soil units through which the

leachate constituents may migrate; and

vi) Determine the retardation factor for constituents of

interest based on traditional hydrogeological

methods.

c) Subsection (b) shall not apply to units that accept only beneficially

useable waste.

d) A facility located within 152 meters (500 feet) of the right of way of a

township or county road or State or interstate highway shall have its

operations screened from view by a barrier of natural objects, fences,

barricades or plants no less than 2.44 meters (8 feet) in height.

e) No part of a unit shall be located closer than 152 meters (500 feet) from an

occupied dwelling, school, or hospital that was occupied on the date when

the operator first applied for a permit to develop the unit or the facility

containing the unit, unless the owner of such dwelling, school, or hospital

provides permission to the operator, in writing, for a closer distance.

(Source: Amended at 21 Ill. Reg. 5946, effective January 14, 1997.)

SUBPART D: NEW STEEL AND FOUNDRY INDUSTRY LOW RISK WASTE

LANDFILLS

Section 817.401 Scope and Applicability

The standards of this Subpart, along with 35 Ill. Adm. Code 811.Subpart A, shall apply

to all new landfills in which only steel and foundry industry low risk wastes are to be

placed.

Section 817.402 Facility Location

a) No part of a unit shall be located within a setback zone established

pursuant to Section 14.2 or 14.3 of the Act.

b) No part of a unit shall be located within the recharge zone or within 366

meters (1200 feet), vertically or horizontally, of a sole-source aquifer

designated by the United States Environmental Protection Agency

pursuant to Section 1424(e) of the Safe Drinking Water Act (42 U.S.C.

300h-3(e)), unless there is a stratum between the bottom of the waste

disposal unit and the top of the aquifer that meets the following minimum

requirements:

1) The stratum has a minimum thickness of 15.2 meters (50 feet);

2) The maximum hydraulic conductivity in both the horizontal and

vertical directions is no greater than 1x10

-7

centimeters per second,

as determined by in situ borehole or equivalent tests;

3) There is no indication of continuous sand or silt seams, faults,

fractures or cracks within the stratum that may provide paths for

migration; and

4) Age dating of extracted water samples from both the aquifer and

the stratum indicates that the time of travel for water percolating

downward through the relatively impermeable stratum is no faster

than 15.2 meters (50 feet) in 100 years.

c) A facility located within 152 meters (500 feet) of the right of way of a

township or county road or state or interstate highway shall have its

operations screened from view by a barrier of natural objects, fences,

barricades, or plants no less than 2.44 meters (8 feet) in height.

d) No part of a unit shall be located closer than 152 meters (500 feet) from an

occupied dwelling, school, or hospital that was occupied on the date when

the operator first applied for a permit to develop the unit or the facility

containing the unit, unless the owner of such dwelling, school, or hospital

provides permission to the operator, in writing, for a closer distance.

Section 817.403 Design Period

The design period for low risk waste disposal units shall be the estimated operating life

plus 20 years.

Section 817.404 Foundation and Mass Stability Analysis

a) The material beneath the unit shall have sufficient strength to support the

weight of the unit during all phases of construction and operation. The

loads and loading rate shall not cause or contribute to the failure of the

liner.

b) The total settlement or swell of the foundation shall not cause or

contribute to the failure of the liner.

c) The solid waste disposal unit shall be designed to achieve a safety factor

against bearing capacity failure of at least 2.0 under static conditions and

1.5 under seismic loadings.

d) waste disposal unit shall be designed to achieve a factor of safety against

slope failure of at least 1.5 for static conditions and 1.3 under seismic

e) calculating factors of safety, both long term (in tens or hundreds of years)

and short term (over the design period of the facility) conditions expected

at the facility shall be considered.

f) potential for earthquake or blast induced liquefaction, and its effect on the

stability and integrity of the unit, shall be considered and taken into

account the design. The potential for landslides or earthquake induced

liquefaction outside the unit shall be considered if such events could affect

the unit.

Section 817.405 Foundation Construction

a) If the in situ material provides insufficient strength to meet the

requirements of Section 817.404, then the insufficient material shall be

removed and replaced with clean materials sufficient to meet the

requirements of Section 817.404.

b) All trees, stumps, roots, boulders and debris shall be removed.

c) All material shall be compacted to achieve the strength and density

properties necessary to demonstrate compliance with this Part in

conformance with a construction quality assurance plan pursuant to 35 Ill.

Adm. Code 811.Subpart E.

d) Placement of frozen soil or soil onto frozen ground is prohibited.

e) The foundation shall be constructed and graded to provide a smooth,

workable surface on which to construct the liner.

Section 817.406 Liner Systems

a) All units shall be equipped with a leachate drainage and collection system

and a compacted earth liner designed as an integrated system in

compliance with the requirements of this Section and of Sections 817.407

and 817.408

b) The liner and leachate collection system shall be stable during all phases

of construction and operation. The side slopes shall achieve a minimum

static safety factor of 1.3 and a minimum seismic safety factor of 1.0 at all

times.

c) The liner shall be designed to function for the entire design period.

d) Compacted earth liner standards:

1) The minimum allowable thickness shall be 0.91 meters (3.0 feet).

2) The liner shall be compacted to achieve a maximum hydraulic

conductivity of 1x10

-7

centimeters per second.

3) The construction and compaction of the liner shall be carried out in

accordance with the construction quality assurance procedures of

35 Ill. Adm. Code 811.Subpart E so as to reduce void spaces and

allow the liner to support the loadings imposed by the waste

disposal operation without settling that causes or contributes to the

failure of the leachate collection system.

4) The liner shall be constructed from materials whose properties are

not affected by contact with the constituents of the leachate

expected to be produced.

e) Slurry trenches and cutoff walls used to prevent migration of leachate:

1) Slurry trenches and cutoff walls built to contain leachate migration

shall be used only in conjunction with a compacted earth liner

meeting the requirements of subsection (d) above or as part of a

remedial action required by 35 Ill. Adm. Code 811.319.

2) Slurry trenches and cutoff walls shall extend into the bottom

confining layer to a depth that will establish and maintain a

continuous hydraulic connection and prevent seepage.

3) Exploration borings shall be drilled along the route of the slurry

trench or cutoff wall to confirm the depth to the confining layer.

In situ tests shall be conducted to determine the hydraulic

conductivity of the confining layer.

4) Slurry trenches and cutoff walls shall be stable under all conditions

during the design period of the facility. They shall not be

susceptible to displacement or erosion under stress or hydraulic

gradient.

5) Slurry trenches and cutoff walls shall be constructed in

conformance to a construction quality assurance plan, pursuant to

35 Ill. Adm. Code 811.Subpart E, that insures that all material

and construction methods meet design specifications.

f) The owner or operator may utilize liner configurations other than those

specified in this Section, special construction techniques, and admixtures,

provided that:

1) The alternative technology or material provides equivalent, or

superior, performance to the requirements of this Section;

2) The technology or material has been successfully utilized in at

least one application or pilot facility similar to the proposed

application;

3) Methods for manufacturing quality control and construction

quality assurance can be implemented; and

4) The owner or operator has received written approval from the

Agency prior to the start of construction.

Section 817.407 Leachate Drainage System

a) The leachate drainage system shall be designed and constructed to be

capable of operation throughout the entire design period.

b) The system shall be designed in conjunction with the leachate collection

system required by Section 817.408:

1) To maintain a maximum head of leachate 3.0 meters (10 feet)

above the liner; and

2) To operate during the month when the highest average monthly

precipitation occurs and, if the liner bottom is located within the

saturated zone, under the condition that the groundwater table is at

its seasonal high level. In addition, the following design

assumptions shall apply:

A) The unit is assumed to be at field capacity; and

B) The final cover is in place.

c) A drainage layer shall overlay the entire liner system. This drainage layer

shall be no less than 0.30 meter (one foot) thick and shall have a hydraulic

conductivity equal to or greater than 1x10

-3

centimeters per second.

d) The drainage layer shall be designed to maintain laminar flow throughout

the drainage layer under the conditions described in subsection (b).

e) The drainage layer shall be designed with a graded filter or geotextile as

necessary to minimize clogging and prevent intrusion of fine material.

f) Materials used in the leachate collection system shall be chemically

resistant to the wastes and the leachate expected to be produced.

Section 817.408 Leachate Collection System

a) The leachate collection system shall be designed and constructed to

function for the entire design period.

b) Collection pipes shall be designed for open channel flow to convey

leachate under the conditions established in Section 817.407(b).

c) Collection pipes shall be of a cross-sectional area that allows cleaning.

d) Materials used in the leachate collection system shall be chemically

resistant to the waste and the leachate expected to be produced.

e) The collection pipe material and bedding materials as placed shall possess

structural strength to support the maximum loads imposed by the

overlying materials and equipment used at the facility.

f) Collection pipes shall be constructed within a coarse gravel envelope

using a graded filter or geotextile as necessary to minimize clogging.

g) The system shall be equipped with a sufficient number of manholes and

cleanout risers to allow cleaning and maintenance of all pipes throughout

the design period.

Section 817.409 Leachate Treatment and Disposal System

a) Leachate shall be removed from the drainage and collection system when

the leachate level in the landfill interferes with landfill operations or

exceeds ten feet, or when the unit is subject to assessment monitoring in

accordance with Section 817.415(b). The operator is responsible for the

operation of a leachate management system designed to handle all

leachate removed from the collection system. The leachate management

system shall consist of any combination of storage, treatment,

pretreatment, and disposal options designed and constructed in

compliance with the requirements of this Section.

b) The leachate management system shall consist of any combination of

multiple treatment and storage structures, to allow the management and

disposal of leachate during routine maintenance and repairs.

c) Standards for on-site treatment and pretreatment:

1) All on-site treatment or pretreatment systems shall be considered

part of the facility.

2) The on-site treatment or pretreatment system shall be designed in

accordance with the expected characteristics of the leachate. The

design may include modifications to the system necessary to

accommodate changing leachate characteristics.

3) The on-site treatment or pretreatment system shall be designed to

function for the entire design period.

4) All of the facility's unit operations, tanks, ponds, lagoons and

basins shall be designed and constructed with liners or

containment structures to control seepage to groundwater. The

ponds, lagoons, and basins shall be inspected prior to use for

cracks and settling and, if leachate is stored in them for more than

60 days, they shall be subject to groundwater monitoring pursuant

to this Part.

5) All treated effluent discharged to waters of the State shall meet the

requirements of 35 Ill. Adm. Code 309.

6) The treatment system shall be operated by an operator certified

under the requirements of 35 Ill. Adm. Code 312.

d) Standards for leachate storage systems:

The leachate storage facility must be able to store a minimum of at least five days'

worth of accumulated leachate at the maximum generation rate used in

designing the leachate drainage system in accordance with Section

817.407. The minimum storage capacity may be built up over time and in

stages, so long as the capacity for five consecutive days of accumulated

leachate, during extreme precipitation conditions, is available at any time

during the design period of the facility.

1) All leachate storage tanks shall be equipped with secondary

containment systems equivalent to the protection provided by a

clay liner 0.61 meter (2 feet) thick having a permeability no greater

than 10

-7

centimeters per second.

2) Leachate storage systems shall be fabricated from material

compatible with the leachate expected to be generated and resistant

to temperature extremes.

3) The leachate storage system shall not cause or contribute to a

malodor.

e) Standards for discharge to an off-site treatment works:

1) Leachate may be discharged to an off-site treatment works that

meets the following requirements:

A) All discharges of effluent from the treatment works shall

meet the requirements of 35 Ill. Adm. Code 309.

B) The treatment system shall be operated by an operator

certified under the requirements of 35 Ill. Adm. Code 312.

C) No more than 50 percent of the average daily influent flow

can be attributable to leachate from the solid waste disposal

facility. Otherwise, the treatment works shall be

considered a part of the solid waste disposal facility.

2) The operator is responsible for securing permission from the off-

site treatment works for authority to discharge to the treatment

works.

3) All discharges to a treatment works shall meet the requirements of

35 Ill. Adm. Code 307 and 310.

4) Pumps, meters, valves and monitoring stations that control and

monitor the flow of leachate from the unit and which are under the

control of the operator shall be considered part of the facility and

shall be accessible to the operator at all times.

5) Leachate shall be allowed to flow into the sewerage system at all

times; however, if access to the treatment works is restricted or

anticipated to be restricted for longer than five days, an alternative

leachate management system shall be constructed in accordance

with subsection (c) of this Section.

6) Where leachate is not directly discharged into a sewerage system,

the operator shall provide storage capacity sufficient to transfer all

leachate to an off-site treatment works. The storage system shall

meet the requirements of subsection (d) of this Section.

f) Leachate monitoring:

1) Representative samples of leachate shall be collected from each

unit and tested in accordance with subsection (f)(2) of this Section

at a frequency of once per quarter. The frequency of testing may

be changed to once per year for any monitored constituent, if it is

not detected in the leachate for four consecutive quarters.

However, if such a constituent is detected in the leachate, testing

frequency shall return to a quarterly schedule and the constituent

added to the groundwater monitoring program requirements of

Section 817.415. In such case, the testing frequency shall remain

on a quarterly schedule until such time as the monitored

constituent has remained undetected for four additional quarters.

2) Leachate and discharges of leachate from units shall be monitored

for constituents determined by the characteristics of the waste to be

disposed of in the unit. They shall include, at a minimum:

A) pH;

B) Annually, the MALCs listed in Section 817.106 and the

constituents listed in Section 817.Appendix A of this Part;

C) Any other constituents listed in the operator's NPDES

discharge permit, pursuant to 35 Ill. Adm. Code 304, or

required by a publicly owned treatment works, pursuant to

35 Ill. Adm. Code 307 and 310; and

D) All of the indicator constituents chosen in accordance with

Section 817.415(a)(2)(B) and used by the operator for

groundwater monitoring.

3) The operator shall also monitor the leachate head within each unit.

g)) Time of operation of the leachate management system:

1) The operator shall collect and dispose of leachate for a minimum

period of 5 years after closure until treatment is no longer

necessary.

2) Treatment is no longer necessary if the leachate constituents do not

exceed the wastewater effluent standards in 35 Ill. Adm. Code

304.124, 304.125, and 304.126.

h) If the results of testing of leachate samples in accordance with subsection

(f) above show that the leachate exceeds the limits for low risk waste as

defined in Section 817.106, the operator shall:

1) notify the Agency in writing of this finding within 10 days

following the finding;

2) verify the exceedence by taking additional samples within 45 days

after the initial observation;

3) report the results of the verification sampling to the Agency within

60 days after the initial observation;

4) determine the source of the exceedence, which may include, but

not be limited to, the waste itself, natural phenomena, sampling or

analysis errors, or an offsite source, within 90 days after the initial

observation; and

5) notify the Agency in writing of a confirmed exceedence and

provide the rationale used in such a determination within ten days

after the determination.

i) If, as a result of further testing of the leachate and the background

groundwater and analysis using the 35 Ill. Adm. Code 811.320(e)

statistical procedure, it is determined that the facility leachate exceeds the

Section 817.106 limits for low risk waste, the facility shall:

1) no longer be subject to the low risk waste landfill requirements of

Subpart C of this Part; and

2) be subject to the requirements for chemical waste landfills of 35

Ill. Adm. Code 814.302.

j) Leachate sampling and analysis shall be completed in accordance with the

standards of 35 Ill. Adm. Code 817.414(e)(1), (e)(3), (e)(4), and (e)(5).

Section 817.410 Final Cover System

a) The unit shall be covered by a final cover consisting of a low permeability

layer overlain by a final protective layer constructed in accordance with

the requirements of this Section.

b) Standards for the low permeability layer:

1) Construction of a low permeability layer shall begin not later than

60 days after placement of the final lift of solid waste.

2) The low permeability layer shall cover the entire unit and connect

with the liner system.

3) The low permeability layer shall consist of any one of the

following:

A) A compacted earth layer constructed in accordance with the

following standards:

i) The minimum allowable thickness shall be 0.61

meters (2.0 feet).

ii) The layer shall be compacted to achieve a

permeability of 1x(10

-7

) centimeters per second and

minimize void spaces.

iii) Alternative specifications may be utilized provided

that the performance of the low permeability layer

is equal to or superior to the performance of a layer

meeting the requirements of subsections

(b)(3)(A)(i) and (b)(3)(A)(ii) above.

B) A geomembrane constructed in accordance with the

following standards:

i) The geomembrane shall provide performance equal

or superior to the compacted earth layer described

in subsection (b)(3)(A) above.

ii) The geomembrane shall have strength to withstand

the normal stresses imposed by the waste

stabilization process.

iii) The geomembrane shall be placed over a prepared

base free from sharp objects and other materials

which may cause damage.

C) Any other low permeability layer construction techniques

or materials, provided that they provide equivalent or

superior performance to the requirements of this

subsection.

c) Standards for the final protective layer:

1) The final protective layer shall cover the entire low permeability

layer.

2) The thickness of the final protective layer shall be sufficient to

protect the low permeability layer from freezing and minimize root

penetration of the low permeability layer, but shall not be less than

0.46 meter (1.5 feet).

3) The final protective layer shall consist of soil material capable of

supporting vegetation.

4) The final protective layer shall be placed as soon as possible after

placement of the low permeability layer to prevent desiccation,

cracking, freezing or other damage to the low permeability layer.

Section 817.411 Hydrogeologic Site Investigations

a) Purpose. The operator shall conduct a hydrogeologic investigation to

develop hydrogeologic information for the following uses:

1) Provide information to perform a groundwater impact assessment;

and

2) Provide information to establish a groundwater monitoring system.

b) General requirements:

1) The investigation shall be conducted in a minimum of three phases

prior to submission of any application to the Agency for a permit

to develop and operate a landfill facility.

2) The study area shall consist of the entire area occupied by the

facility and any adjacent areas, if necessary for the purpose of the

hydrogeological investigation set forth in subsection (a) above.

3) All borings shall be sampled continuously at all recognizable

points of geologic variation, except where non-continuous

sampling can provide equivalent information, samples shall be

obtained at intervals no greater than 1.52 meters (five feet) in

homogeneous strata.

c) Minimum requirements for a Phase I investigation:

1) The operator shall conduct a Phase I investigation to develop the

following information:

A) Climatic aspects of the study area;

B) The regional and study area geologic setting, including a

description of the geomorphology and stratigraphy of the

area;

C) The regional groundwater regime including water table

depths and aquifer characteristics; and

D) Information for the purpose of designing a Phase II

hydrogeologic investigation.

2) Specific requirements:

A) The regional hydrogeologic setting of the unit shall be

established by using material available from all possible

sources, including, but not limited to, the Illinois State

Water Survey, the Illinois Geological Survey, the Agency,

other State and Federal organizations, water well drilling

logs, and previous investigations.

B) A minimum of one continuously sampled boring shall be

drilled on the site, as close as feasible to the geographic

center, to determine if the available regional hydrogeologic

setting information is accurate and to characterize the site-

specific hydrogeology to the extent specified by this phase

of the investigation. The boring shall extend at least 15.2

meters (50 feet) below the bottom of the uppermost aquifer

or through the full depth of the confining layer below the

uppermost aquifer, or to bedrock, if the bedrock is below

the uppermost aquifer, whichever elevation is higher. The

locations of any additional borings required under this

subsection may be chosen by the investigator, but shall be

sampled continuously.

d) Minimum requirements for a Phase II hydrogeologic investigation (Phase

II investigation):

1) Information to be developed. Using the information developed in

the Phase I survey, a Phase II investigation shall be conducted to

collect the site-specific information listed below as needed to

augment data collected during the Phase I investigation and to

prepare for the Phase III investigation:

A) Structural characteristics and distribution of underlying

strata, including bedrock;

B) Chemical and physical properties including, but not limited

to, lithology, mineralogy, and hydraulic characteristics of

underlying strata, including those below the uppermost

aquifer;

C) Soil characteristics, including soil types, distribution,

geochemical and geophysical characteristics;

D) The hydraulic conductivities of the uppermost aquifer and

all strata above it;

E) The vertical extent of the uppermost aquifer; and

F) The direction and rate of groundwater flow.

2) Specific requirements:

A) One boring shall be located as close as feasible to the

topographical high point, and another shall be located as

close as feasible to the topographical low point of the study

area.

B) At least one boring shall be at or near each corner of the

site. Where the property is irregularly shaped, the borings

shall be located near the boundary in a pattern and spacing

necessary to obtain data over the entire study area.

C) Additional borings may be located at intermediate points at

locations and spacings necessary to establish the continuity

of the stratigraphic units.

D) Piezometers and groundwater monitoring wells shall be

established to determine the direction and flow

characteristics of the groundwater in all strata and

extending down to the bottom of the uppermost aquifer.

Groundwater samples taken from such monitoring wells

shall be used to develop preliminary information needed

for establishing background concentrations in accordance

with subsection (e)(1)(G) of this Section.

E) Other methods may be utilized to confirm or accumulate

additional information. Such methods may be used only as

a supplement to, not in lieu of, site-specific boring

information. Other methods include, but are not limited to,

geophysical well logs, geophysical surveys, aerial

photography, age dating, and test pits.

e) Minimum standards for a Phase III investigation:

1) Using the information developed during the Phase I and Phase II

investigations, the operator shall conduct a Phase III investigation.

This investigation shall be conducted to collect or augment the

site-specific information needed to carry out the following:

A) Verification and reconciliation of the information collected

in the Phase I and II investigations;

B) Characterization of potential pathways for contaminant

migration;

C) Correlation of stratigraphic units between borings;

D) Continuity of petrographic features including, but not

limited to, sorting, grain size distribution, cementation and

hydraulic conductivity;

E) Identification of zones of potentially high hydraulic

conductivity;

F) Identification of the confining layer, if present;

G) Concentrations of chemical constituents present in the

groundwater and expected to appear in the leachate below

the unit, down to the bottom of the uppermost aquifer,

using a broad range of chemical analysis and detection

procedures, such as gas chromatographic and mass

spectrometric scanning. However, additional

measurements and procedures shall be carried out to

establish background concentrations, in accordance with

Section 817.416(d), for any constituent which is listed in

Section 817.106 (MALCs) or Section 817.Appendix A of

this Part and which is expected to appear in the leachate;

H) Characterization of the seasonal and temporal, naturally and

artificially induced, variations in groundwater quality and

groundwater flow; and

I) Identification of unusual or unpredicted geologic features,

including: fault zones, fractures traces, facies changes, solution

channels, buried stream deposits, cross cutting structures and other

geologic features that may affect the ability of the operator to

monitor the groundwater or predict the impact of the disposal

facility on groundwater.

2) In addition to the specific requirements applicable to Phase I and II

investigations, the operator shall collect information needed to

meet the minimum standards of a Phase III investigation by using

methods that may include, but are not limited to, excavation of test

pits, additional borings located at intermediate points between

boreholes placed during Phase I and II investigations, placement of

piezometers and monitoring wells, and institution of procedures for

sampling and analysis.

f) The operator may conduct the hydrogeologic investigation in any number

of alternative ways provided that the necessary information is collected in

a systematic sequence consisting of at least three phases that is equal to or

superior to the investigation procedures of this Section.

Section 817.412 Plugging and Sealing of Drill Holes

All drill holes, including exploration borings that are not converted into monitoring

wells, monitoring wells that are no longer necessary to the operation of the site, and other

holes that may cause or facilitate contamination of groundwater shall be sealed in

accordance with the following standards:

a) If not sealed or plugged immediately, the drill hole shall be covered to

prevent injury to people or animals.

b) All drill holes no longer intended for use shall be back-filled with

materials that are compatible with the geochemistry of the site and with

the leachate in sufficient quantities and in such a way as to prevent the

creation of a pathway for contaminants to migrate.

c) For drill holes in gravels and other permeable strata where a watertight

seal is not necessary to prevent the creation of pathway, drill cuttings and

other earthen materials may be utilized as backfill.

d) All excess drilling mud, oil, drill cuttings, and any other contaminated

materials uncovered during or created by drilling shall be disposed of in

accordance with the requirements of 35 Ill. Adm. Code 700 through 749,

807, and 809 through 815.

e) The operator shall restore the area around the drill hole to its original

condition.

Section 817.413 Groundwater Impact Assessment

The impacts of the seepage of leachate from the unit shall be assessed in a systematic

fashion using the techniques described in this Section.

a) Procedures for performing the groundwater impact assessment:

1) The operator shall estimate the amount of seepage from the unit

during operations which assume:

A) That the minimum design standards for slope

configuration, cover, liner, leachate drainage, and

collection system apply; and

B) That the actual design standards planned for the unit apply.

Other designs for the unit may be used if determined by the

operator to be appropriate to demonstrate the impacts to

groundwater.

2) The concentration of constituents in the leachate shall be

determined from actual leachate samples from the waste or similar

waste, or laboratory-derived extracts.

3) The operator shall estimate the capability of the geology and

hydrology beneath the unit to meet the groundwater quality

standards of Section 817.416 at the edge of the zone of attenuation.

The estimate shall be made in accordance with the following:

A) Determine the aquifer conductivity and gradient using the

hydrogeologic information collected pursuant Section

817.411. If the aquifer conductivity is 1x10(

-5

) cm/sec or

less, no further groundwater impact assessment is required;

B) Develop a conceptual groundwater flow model of the site

to determine the soil units through which leachate

constituents may migrate;

C) Determine the organic carbon content for soil units through

which the leachate constituents may migrate;

D) Determine the retardation factor for constituents of interest

based on traditional hydrogeological methods;

E) Determine MALC values for constituents of interest

required to achieve compliance with the applicable

groundwater quality standards specified at Section

817.416;

F) Compare the calculated MALC values to the leachate

values for the expected waste streams to determine whether

compliance with groundwater standards can be met.

b) Acceptable groundwater impact assessment. The groundwater impact

shall be considered acceptable if the leachate values for the expected

waste streams are less than the MALC values calculated in accordance

with subsection 817.413(a)(3)(F).

Section 817.414 Design, Construction and Operation of Groundwater

Monitoring Systems

a) All potential sources of discharges to groundwater within the facility,

including, but not limited to, all waste disposal units and the leachate

management system, shall be identified and studied through a network of

monitoring wells operated during the active life of the unit and for the

time after closure specified in accordance with Section 817.415.

Monitoring wells designed and constructed as part of the monitoring

network shall be maintained along with records that include, but are not

limited to, exact well location, well size, type of well, the design and

construction practice used in its installation and well and screen depths.

b) Standards for the location of monitoring points:

1) A network of monitoring points shall be established at sufficient

locations downgradient with respect to groundwater flow and not

excluding the downward direction, to detect any discharge of

contaminants from any part of a potential source of discharge.

2) Monitoring wells shall be located in stratigraphic horizons that

could serve as contaminant migration pathways.

3) Monitoring wells shall be established as close to the potential

source of discharge as possible without interfering with the waste

disposal operations, and within half the distance from the edge of

the potential source of discharge to the edge of the zone of

attenuation downgradient, with respect to groundwater flow, from

the source.

4) The network of monitoring points of several potential sources of

discharge within a single facility may be combined into a single

monitoring network, provided that discharges from any part of all

potential sources can be detected.

5) A minimum of at least one monitoring well shall be established at

the edge of the zone of attenuation and shall be located

downgradient from the unit with respect to groundwater flow, and

not excluding the downward direction. Such well or wells shall be

used to monitor any statistically significant increase in the

concentration of any constituent, in accordance with Section

817.416(e) and shall be used for determining compliance with an

applicable groundwater quality standard of Section 817.416. An

observed statistically significant increase above the applicable

groundwater quality standards of Section 817.416 in a well located

at or beyond the compliance boundary shall constitute a violation.

c) Maximum allowable predicted concentrations. For the purposes of this

Part, the maximum allowable predicted concentration (MAPC) for each

monitored constituent shall be determined as follows:

1) MAPCs for those constituents with a MALC identified as a

primary standard shall be background plus 10 percent of the

MALC. MAPCs for those constituents with a MALC identified as

a secondary standard shall be background plus 50 percent of the

MALC. The MAPCs calculated in this subsection shall be

applicable within the zone of attenuation.

2) For those constituents listed in Section 817.Appendix A of this

Part, the MAPC shall be the practical quanitation limit (PQL) or, if

the constituent's background concentration exceeds the PQL, the

MAPC shall be the background constituent concentration.

d) Standards for monitoring well design and construction:

1) All monitoring wells shall be cased in a manner that maintains the

integrity of the borehole. The casing material shall be inert so as

not to affect the water sample. Casing requiring solvent-cement

type coupling shall not be used.

2) Wells shall be screened to allow sampling only at the desired

interval. Annular space between the borehole wall and well screen

section shall be packed with gravel sized to avoid clogging by the

material in the zone being monitored. The slot size of the screen

shall be designed to minimize clogging. Screens shall be

fabricated from material expected to be inert with respect to the

constituents of the groundwater to be sampled.

3) Annular space above the well screen section shall be sealed with a

relatively impermeable, expandable material such as a

cement/bentonite grout, which does not react with or in any way

affect the sample, in order to prevent contamination of samples and

groundwater and avoid interconnections. The seal shall extend to

the highest known seasonal groundwater level.

4) The annular space shall be back-filled with expanding cement

grout from an elevation below the frost line and mounded above

the surface and sloped away from the casing so as to divert surface

water away.

5) The annular space between the upper and lower seals and in the

unsaturated zone may be back filled with uncontaminated cuttings.

6) All wells shall be covered with vented caps and equipped with

devices to protect against tampering and damage.

7) All wells shall be developed to allow free entry of water, minimize

turbidity of the sample, and minimize clogging.

8) The transmissivity of the zone surrounding all well screens shall be

established by field testing techniques.

9) Other sampling methods and well construction techniques may be

utilized if they meet the water well construction standards of 77 Ill.

Adm. Code 920 or if the Agency has issued a written approval.

e) Standards for Sample Collection and Analysis

1) The groundwater monitoring program shall include consistent

sampling and analysis procedures to assure that monitoring results

can be relied upon to provide data representative of groundwater

quality in the zone being monitored.

2) The operator shall utilize procedures and techniques to insure that

collected samples are representative of the zone being monitored

and that prevent cross contamination of samples from other

monitoring wells or from other samples. At least 95 percent of a

collected sample shall consist of groundwater from the zone being

monitored.

3) The operator shall establish a quality assurance program that

provides quantitative detection limits and the degree of error for

analysis of each chemical constituent.

4) The operator shall establish a sample preservation and shipment

procedure that maintains the reliability of the sample collected for

analysis.

5) The operator shall institute a chain of custody procedure to prevent

tampering and contamination of the collected samples prior to

completion of analysis.

6) At a minimum, the operator shall sample the following parameters

at all wells at the time of sample collection and immediately before

filtering and preserving samples for shipment:

A) The elevation of the water table;

B) The depth of the well below ground;

C) pH;

D) The temperature of the sample; and

E) Specific conductance.

Section 817.415 Groundwater Monitoring Programs

a) Detection monitoring program: Any use of the term "maximum allowable

predicted concentration" or "MAPC" in this Section is a reference to

Section 817.414(c), as defined in Section 811.102. The operator shall

implement a detection monitoring program in accordance with the

following requirements:

1) Monitoring schedule and frequency:

A) The monitoring period shall begin as soon as waste is

placed into the unit of a new landfill or within one year

after August 1, 1994 for an existing landfill. Monitoring

shall continue for a minimum period of five years after

closure or, in the case of landfills, other than those used

exclusively for disposing waste generated at the site, a

minimum of fifteen years after closure. The operator shall

sample all monitoring points for all potential sources of

contamination on a quarterly basis except as specified in

subsection (a)(3) of this Section or may institute more

frequent sampling throughout the time the source

constitutes a threat to groundwater. For the purposes of

this Section, the source shall be considered a threat to

groundwater if the results of the monitoring indicate that

the concentrations of any of the constituent monitored

within the zone of attenuation are above the MAPC for that

constituent.

B) Beginning five years after closure of the unit, or five years

after all other potential sources of discharge no longer

constitute a threat to groundwater, as defined in subsection

(a)(1)(A) of this Section, the monitoring frequency may

change on a well by well basis to an annual schedule if

either of the conditions listed in subsection (a)(1)(B)(i) or

(a)(1)(B)(ii) of this Section exist. However, monitoring

shall return to a quarterly schedule at any well where a

statistically significant increase is determined to have

occurred in accordance with Section 817.416(e), in the

concentration of any constituent with respect to the

previous sample.

i) All constituents monitored within the zone of

attenuation have returned to a concentration less

than or equal to ten percent of the MAPC; or

ii) All constituents monitored within the zone of

attenuation are less than or equal to their MAPC for

eight consecutive quarters.

C) Monitoring shall be continued for a minimum period of

five years after closure or, in the case of landfills, other

than those used exclusively for disposing waste generated

at the site, a minimum period of fifteen years after closure.

Monitoring, beyond the minimum period, may be

discontinued under the following conditions:

i) No statistically significant increase is detected in

the concentration of any constituent above that

measured and recorded during the immediately

preceding scheduled sampling for three consecutive

years, after changing to an annual monitoring

frequency; or

ii) Immediately after contaminated leachate is no

longer generated by the unit.

2) Criteria for choosing constituents to be monitored:

A) The operator shall monitor each well for constituents that

will provide a means for detecting groundwater

contamination. Constituents shall be chosen for monitoring

if they meet the following requirements:

i) The constituent appears in, or is expected to be in,

the leachate; and

ii) The Board has established a groundwater quality

standard at 35 Ill. Adm. Code 620, or the

constituent may otherwise cause or contribute to

groundwater contamination.

B) One or more indicator constituents, representative of the

transport processes of constituents in the leachate, may be

chosen for monitoring in place of the constituents it

represents. The use of such indicator constituents must be

included in an Agency approved permit.

3) Organic chemicals monitoring:

A) The operator shall monitor each existing well that is being

used as part of the monitoring well network at the facility

within one year after August 1, 1994, and monitor each

new well within three months after its establishment. The

monitoring required by this subsection shall be for the

organic chemicals listed in Section 817.Appendix A of this

Part. The analysis shall be at least as sensitive as the

procedures provided at 40 CFR 141.40 (1992),

incorporated by reference at 35 Ill. Adm. Code 810.104.

B) At least once every two years, the operator shall monitor

each well in accordance with subsection (a)(3)(A) of this

Section.

4) Confirmation of monitored increase:

A) The confirmation procedures of this Section shall be used

only if the concentrations of the constituents monitored can

be measured at or above the practical quantitation limit

(PQL). The PQL is defined as the lowest concentration

that can be reliably measured within specified limits of

precision and accuracy under routine laboratory operating

conditions. The operator shall institute the confirmation

procedures of subsection (a)(4)(B) after notifying the

Agency in writing, within 10 days, of the following

observed increases:

i) The concentration of any constituent monitored in

accordance with subsections (a)(1) and (a)(2) of this

Section shows a progressive increase over four

consecutive quarters;

ii) The concentration of any constituent exceeds the

MAPC at an established monitoring point within the

zone of attenuation;

iii) The concentration of any constituent monitored in

accordance with subsection (a)(3) of this Section

exceeds the preceding measured concentration at

any established monitoring point; and

iv) The concentration of any constituent monitored at

or beyond the zone of attenuation exceeds the

applicable groundwater quality standards of Section

817.416.

B) The confirmation procedures shall include the following:

i) The operator shall verify any observed increase by

taking additional samples within 45 days after the

initial observation and ensure that the samples and

sampling protocol used will detect any statistically

significant increase in the concentration of the

suspect constituent in accordance with 35 Ill. Adm.

Code 811.320(e), so as to confirm the observed

increase. The operator shall notify the Agency of

any confirmed increase before the end of the next

business day following the confirmation. The

verification procedure shall be completed within 90

days after the initial sampling event.

ii) The operator shall determine the source of any

confirmed increase, which may include, but shall

not be limited to, natural phenomena, sampling or

analysis errors, or an off-site source.

iii) The operator shall notify the Agency in writing of

any confirmed increase and state the source of the

confirmed increase and provide the rationale used in

such a determination within ten days after the

determination.

b) Assessment monitoring. The operator shall begin an assessment

monitoring program in order to confirm the source of the contamination

and to provide information needed to carry out a groundwater impact

assessment in accordance with subsection (c) of this Section. The

assessment monitoring program shall be conducted in accordance with the

following requirements:

1) The assessment monitoring shall be conducted to collect

information to assess the nature and extent of groundwater

contamination, which shall consist of, but not be limited to, the

following steps:

A) More frequent sampling of the wells in which the

observation occurred;

B) More frequent sampling of any surrounding wells;

C) The placement of additional monitoring wells to determine

the source and extent of the contamination;

D) Monitoring of additional constituents to determine the

source and extent of contamination; and

E) Any other investigative techniques that will assist in

determining the nature and extent of the contamination.

2) The operator of the facility for which assessment monitoring is

required shall file the plans for an assessment monitoring program

with the Agency. If the facility is permitted by the Agency, then

the plans shall be filed for review as a significant permit

modification pursuant to 35 Ill. Adm. Code 813.Subpart B. The

assessment monitoring program shall be implemented within 90

days after confirmation of any monitored increase in accordance

with subsection (a)(4) of this Section or, in the case of permitted

facilities, within 90 days after the Agency approval. The

assessment monitoring program shall be filed with the Agency

within 20 days after an observed increase, as defined in Section

817.415(a)(4)(B)(iii).

3) If the analysis of the assessment monitoring data shows that the

concentration of one or more constituents, monitored at or beyond

the zone of attenuation, is above the applicable groundwater

quality standards of Section 817.416 and is attributable to the solid

waste disposal facility, the operator shall determine the nature and

extent of the groundwater contamination, including an assessment

of the continued impact on the groundwater should additional

waste continue to be accepted at the facility, and shall implement

remedial action in accordance with subsection (d) of this Section.

4) If the analysis of the assessment monitoring data shows that the

concentration of one or more constituents is attributable to the

solid waste disposal facility and exceeds the MAPC within the

zone of attenuation, then the operator shall conduct a groundwater

impact assessment in accordance with the requirements of

subsection (c) of this Section.

c) Assessment of potential groundwater impact. An operator required to

conduct a groundwater impact assessment in accordance with subsection

(b)(4) of this Section shall assess the potential impacts outside the zone of

attenuation that may result from confirmed increases above the MAPC

within the zone of attenuation, attributable to the facility, in order to

determine if there is need for remedial action.

1) The operator shall utilize any new information developed since the

initial assessment and information from the detection and

assessment monitoring programs and such information shall be

used to develop a groundwater contaminant transport (GCT) model

in accordance with 35 Ill. Adm. Code 811.317(c); and

2) The operator shall submit the groundwater impact assessment,

GCT modeling and results, and any proposed remedial action plans

determined necessary pursuant to subsection (d) to the Agency

within 180 days after the start of the assessment monitoring

program.

d) Remedial action:

1) The operator shall submit plans for the remedial action to the

Agency. Such plans and all supporting information including data

collected during the assessment monitoring shall be submitted

within 90 days after determination after either of the following:

A) The groundwater impact assessment performed in

accordance with subsection (c) indicates that remedial

action is needed; or

B) Any confirmed increase above the applicable groundwater

quality standards of Section 817.416 is determined to be

attributable to the solid waste disposal facility in

accordance with subsection (b).

2) If the facility has been issued a permit by the Agency, then the

operator shall submit this information as an application for

significant modification to the permit.

3) The operator shall implement the plan for remedial action within

90 days after the following:

A) Completion of the groundwater impact assessment under

subsection (c) that requires remedial action;

B) Establishing that a violation of an applicable groundwater

quality standard of Section 817.416 is attributable to the

solid waste disposal facility in accordance with subsection

(b)(3) above; or

C) Agency approval of the remedial action plan, where the

facility has been permitted by the Agency.

4) The remedial action program shall consist of one or a combination

of the following solutions to meet the requirements of subsection

(d)(5) of this Section in a timely and appropriate manner:

A) Retrofit additional groundwater protective measures within

the unit;

B) Construct an additional hydraulic barrier, such as a cutoff

wall or slurry wall system;

C) Pump and treat the contaminated groundwater; or

D) Any other Agency approved equivalent technique which

will prevent further contamination of groundwater.

5) Termination of the remedial action program:

A) The remedial action program shall continue in accordance

with the plan until monitoring shows that the

concentrations of all monitored constituents are below the

MAPC within the zone of attenuation, and below the

applicable groundwater quality standards of Section

817.416 at or beyond the zone of attenuation, over a period

of 4 consecutive quarters.

B) The operator shall submit to the Agency all information

collected under subsection (d)(5)(A). If the facility is

permitted, the operator shall submit this information as an

application for significant modification of the permit.

Section 817.416 Groundwater Quality Standards

a) Applicable groundwater quality standards:

1) Groundwater quality shall be maintained at each constituent's

applicable groundwater quality standard at or beyond the zone of

attenuation. The applicable groundwater quality standard

established for any constituent shall be:

A) The Board established standard;

B) The Board established standard adjusted by the Board in

accordance with the justification procedure of subsection

(b) of this Section; or

C) For those constituents where no Board established standard

exists, the background concentration.

2) Any statistically significant increase above an applicable

groundwater quality standard established pursuant to subsection

(a)(1) that is attributable to the facility and which occurs at or

beyond the zone of attenuation within 100 years after closure of

the last unit accepting waste within such a facility shall constitute a

violation.

3) For the purposes of this Part:

A) "Background concentration" means that concentration of a

constituent that is established as the background in

accordance with subsection (d).

B) "Board-established standard" is the concentration of a

constituent adopted by the Board as a groundwater quality

standard under 35 Ill. Adm. Code 620.

b) Justification for adjusted groundwater quality standards:

1) An operator may petition the Board for an adjusted groundwater

quality standard in accordance with the procedures specified in

Section 28.1 of the Act and 35 Ill. Adm. Code 106.410 through

106.416.

2) For groundwater which contains naturally occurring constituents

which do not meet the standards of 35 Ill. Adm. Code 620, the

Board will specify adjusted groundwater quality standards, upon a

demonstration by the operator that:

A) The groundwater does not presently serve as a source of

drinking water;

B) The change in standards will not interfere with, or become

injurious to, any present or potential beneficial uses for

such waters;

C) The change in standards is necessary for economic or social

development, by providing information including, but not

limited to, the impacts of the standards on the regional

economy, social disbenefits such as loss of jobs or closing

of landfills, and economic analysis contrasting the health

and environmental benefits with costs likely to be incurred

in meeting the standards; and

D) The groundwater cannot presently, and will not in the

future, serve as a source of drinking water because:

i) It is impossible to remove water in usable

quantities;

ii) the groundwater is situated at a depth or location

such that recovery of water for drinking purposes is

not technologically feasible or economically

reasonable;

iii) The groundwater is so contaminated that it would

be economically or technologically impractical to

render that water fit for human consumption;

iv) The total dissolved solids content of the

groundwater is more than 3,000 mg/l and the water

will not be used to serve a public water supply

system; or

v) The total dissolved solids content of the

groundwater exceeds 10,000 mg/l.

c) Determination of the zone of attenuation.

1) The zone of attenuation, within which concentrations of

constituents in leachate discharged from the unit may exceed the

applicable groundwater quality standard of this Section, is a

volume bounded by a vertical plane at the property boundary or

100 feet from the edge of the unit, whichever is less, extending

from the ground surface to the bottom of the uppermost aquifer

and excluding the volume occupied by the waste.

2) Zones of attenuation shall not extend to the annual high water

mark of navigable surface waters.

3) Overlapping zones of attenuation from units within a single facility

may be combined into a single zone for the purposes of

establishing a monitoring network.

d) Establishment of background concentrations:

1) The initial monitoring to determine background concentrations

shall commence during the hydrogeological assessment required

by Section 817.411. The background concentrations for those

parameters identified in Sections 817.411(e)(1)(G) and

817.415(a)(2) and (a)(3) shall be established based on quarterly

sampling of wells for one year, monitored in accordance with the

requirements of subsections (d)(2), (d)(3), and (d)(4) of this

Section, which may be adjusted during the operation of a facility.

Statistical tests and procedures shall be employed, in accordance

with subsection (e) below, depending on the number, type and

frequency of samples collected from the wells, to establish the

background concentrations. Adjustments to the background

concentrations shall be made only if changes in the concentrations

of constituents observed in upgradient wells over time are

determined, in accordance with subsection (d)(3) below, to be

statistically significant. Background concentrations determined in

accordance with this subsection shall be used for the purposes of

establishing groundwater quality standards, in accordance with

subsection (a) above. The operator shall prepare a list of

background concentrations established in accordance with this

subsection. The operator shall maintain such a list at the facility,

shall submit a copy of the list to the Agency for establishing

standards in accordance with subsection (a), and shall provide

updates to the list within ten days after any change to the list.

2) A network of monitoring wells shall be established upgradient

from the unit, with respect to groundwater flow, in accordance

with the following standards, in order to determine the background

concentrations of constituents in the groundwater:

A) The wells shall be located at such a distance that discharges

of contaminants from the unit will not be detectable but

will be representative of groundwater immediately

upgradient of the unit;

B) The wells shall be sampled at the same frequency as other

monitoring points to provide continuous background

concentration data, throughout the monitoring period; and

C) The wells shall be located at several depths to provide data

on the spatial variability.

3) A determination of background concentrations may include the

sampling of wells that are not hydraulically upgradient of the

waste unit where:

A) Hydrogeologic conditions do not allow the owner or

operator to determine what wells are hydraulically

upgradient of the waste; and

B) Sampling at other wells will provide an indication of

background concentrations that is representative of that

which would have been provided by upgradient wells.

4) If background concentrations cannot be determined on site, then

alternative background concentrations may be determined from

actual monitoring data from the aquifer of concern, obtained from

sample points located as close as is reasonably possible to the site.

e) Statistical analysis of groundwater monitoring data:

1) Statistical tests shall be used to analyze groundwater monitoring

data. One or more of the normal theory statistical tests listed in

subsection (e)(4) below shall be chosen first for analyzing the data

set or transformation of the data set. Where such normal theory

tests are demonstrated to be inappropriate, tests listed in subsection

(e)(5) or a test in accordance with subsection (e)(6) shall be used.

For any statistical test chosen from subsections (e)(4) or (e)(5), the

level of significance (Type 1 error level) shall be no less than 0.01,

for individual well comparisons, and no less than 0.05, for multiple

well comparisons. The statistical analysis shall include, but not be

limited to, the accounting of data below, the detection limit of the

analytical method used, the establishment of background

concentrations and the determination of whether statistically

significant changes have occurred in:

A) The concentration of any chemical constituent with respect

to the background concentration or MAPC; and

B) The established background concentration of any chemical

constituents over time.

2) The statistical test or tests used shall be based upon the sampling

and collection protocol of Sections 817.414 and 817.415.

3) Monitored data that are below the level of detection shall be

reported as not detected (ND). The level of detection for each

constituent shall be the minimum concentration of that constituent

which can be measured and reported with 99 percent confidence

that the true value is greater than zero, which is defined as the

method detection limit (MDL). The following procedures shall be

used to analyze such data, unless an alternative procedure in

accordance with subsection (e)(6) is shown to be applicable:

A) Where the percentage of nondetects in the data base used is

less than 15 percent, the operator shall replace NDs with

the MDL divided by two, then proceed with the use of one

or more of the Normal Theory statistical tests listed in

subsection (e)(4);

B) Where the percentage of nondetects in the data base or data

transformations used is between 15 and 50 percent, and the

data are normally distributed, the operator shall use

Cohen's adjustment to the sample mean and standard

deviation, followed by one or more of the tests listed in

subsection (e)(4)(C) of this Section. However, where data

are not normally distributed, the operator shall use an

applicable nonparametric test from subsection (e)(5);

C) Where the percentage of nondetects in the data base used is

above 50 percent, then the owner or operator shall use the

test of proportions listed in subsection (e)(4).

4) Normal theory statistical tests:

A) Student t-test including, but not limited to, Cochran's

Approximation to the Behren-Fisher (CABF) t-test and

Averaged Replicate (AR) t-test.

B) Parametric analysis of variance (ANOVA) followed by one

or more of the multiple comparison procedures including,

but not limited to, Fisher's Least Significant Difference

(LSD), Student Newman-Kuel procedure, Duncan's New

Multiple Range Test and Tukey's W procedure.

C) Control Charts, Prediction Intervals and Tolerance

Intervals, for which the type I error levels shall be specified

by the Agency in accordance with the requirements of 35

Ill. Adm. Code 724.197(i).

5) Nonparametric statistical tests shall include: Mann-Whitney U-

test, Kruskal-Wallis test, a nonparametric analysis of variance

(ANOVA) for multiple comparisons or the Wilcoxon Rank Sum

test.

6) Any other statistical test based on the distribution of the sampling

data may be used, if it is demonstrated to meet the requirements of

35 Ill. Adm. Code 724.197(i).

Section 817.417 Waste Placement

a) Phasing of operations:

1) Waste disposal operations shall move from the lowest portions of

the unit to the highest portions. Except as provided in subsection

(a)(2) of this Section, the placement of waste shall begin in the

lowest part of the active face of the unit, located in the part of the

facility most downgradient with respect to groundwater flow.

2) The operator may dispose of wastes in areas other than those

specified in subsection (a)(1) above only under any of the

following conditions:

A) Climatic conditions, such as wind and precipitation, are

such that the placement of waste in the bottom of the unit

would cause water pollution, litter, damage to any part of

the liner or damage to equipment;

B) The topography of the land surrounding the unit makes the

procedure of subsection (a)(1) environmentally unsound,

for example, because steep slopes surround the unit;

C) When groundwater monitoring wells, constructed in

accordance with the requirements of 35 Ill. Adm. Code

811.319, are placed 50 feet or less down gradient from the

filled portions of the unit; or

D) Equipment required for placement is temporarily

unavailable.

b) Initial waste placement:

1) Construction, compaction and earth moving equipment shall be

prohibited from operating directly on the leachate collection piping

system until a minimum of five feet of waste has been placed over

system.

2) Construction, compaction and earth moving equipment shall be

prohibited from operating directly on the leachate drainage

blanket. Waste disposal operations shall begin at the edge of the

drainage layer by carefully pushing waste out over the drainage

layer.

3) An initial layer of waste, a minimum of five feet thick, shall be

placed over the entire liner as soon as is practicable after

construction, but prior to the onset of weather conditions that may

cause the compacted earth liner to freeze.

4) Waste shall not be placed over areas that are subject to freezing

conditions until the liner has been inspected, tested, and

reconstructed (if necessary) to meet the requirement of 35 Ill.

Adm. Code 811.306.

Section 817.418 Final Slope and Stabilization

a) All final slopes shall be designed and constructed to a grade capable of

supporting vegetation and which minimizes erosion.

b) All slopes shall be designed to drain runoff away from the cover and

which prevents ponding. No standing water shall be allowed anywhere in

or on the unit.

c) Vegetation:

1) Vegetation shall be promoted on all reconstructed surfaces to

minimize wind and water erosion of the final protective cover;

2) Vegetation shall be compatible with the climatic conditions;

3) Vegetation shall require little maintenance;

4) Vegetation shall consist of a diverse mix of native and introduced

species that is consistent with the postclosure land use;

5) Vegetation shall be tolerant of the landfill gas expected to be

generated;

6) The root depth of the vegetation shall not exceed the depth of the

final protective cover system; and

7) Temporary erosion control measures, including but not limited to

mulch straw, netting and chemical soil stabilizers, shall be

undertaken while vegetation is being established.

d) Structures constructed over the unit:

1) Structures constructed over the unit must be compatible with the

land use;

2) Such structures must in no way interfere with the operation of a

cover system, leachate collection system or any monitoring

system.

Section 817.419 Load Checking

a) The operator shall not accept wastes for disposal at an offsite low risk

waste landfill unless it is accompanied by documentation that such wastes

are low risk wastes based on testing of the leachate from such wastes

performed in accordance with the requirements of Section 817.103.

b) The operator shall institute and conduct a random load checking program

at each low risk waste facility in accordance with the requirements of 35

Ill. Adm. Code 811.323, except that this program shall also be designed

to:

1) detect and discourage attempts to dispose non-low risk wastes at

the landfill;

2) require the facility's inspector to examine at least one random load

of solid waste delivered to the landfill on a random day each week;

and

3) require the operator to test one randomly selected waste sample in

accordance with Section 817.103(a) and (b) to determine if the

waste is low risk.

c) The operator shall include the results of the load checking in the Annual

Report submitted to the Agency in accordance with 35 Ill. Adm. Code

815.Subpart C for nonpermitted facilities.

SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section 817.501 Scope and Applicability

All structures necessary to comply with the requirements of this Part shall be constructed

according to a construction quality assurance program that, at a minimum, meets the

requirements of 35 Ill. Adm. Code 811.Subpart E.

Section 817.APPENDIX A Organic Chemical Constituents List

1. Acenaphthene

2. 1,2,4-Trichlorobenzene

3. 2,4,6-Trichlorophenol

4. 2-Chlorophenol

5. 2,4-Dichlorophenol

6. 2,4-Dimethylphenol

7. Fluoranthene

8. Trichlorofluoromethane

9. Naphthalene

10. Nitrobenzene

11. 4-Nitrophenol

12. 2,4-Dinitrophenol

13. 4,6-Dinitro-o-cresol

14. n-Nitrosodiphenylamine

15. Pentachlorophenol

16. Phenol

17. bis-(2-ethylhexyl) phthalate

18. Butyl benzyl phthalate

19. Di-n-butyl phthalate

20. Di-n-octyl phthalate

21. Dimethyl phthalate

22. Benzo (a) anthracene

32. Methyl ethyl ketone

33. Methyl isobutyl ketone

38. Methylene chloride

39. Methyl chloride

40. Paraldehyde

41. Chloroacetaldehyde

42. Phorate

43. Phosphorodithioic acid

44. Phosphorodithioic acid esters

45. Toluene diisocyanate

51. Phthalic acid esters

52. Acetone

53. Benzoic acid

54. 2-Methylnaphthalene

55. sec-Butylbenzene

56. Diethylbenzenes

57. Dimethylnaphthalenes

58. p-Ethyltoluene

59. n-Hexane

60. Isopropylbenzene

61. 1- & 2-Methylnaphthalene

62. 1,2,4-Trimethylbenzene

63. 1,3,5-Trimethylbenzene

64. t-Butylbenzene