ILLINOIS POLLUTION CONTROL BOARD

September 21,

1995

IN THE MATTER OF:

)

PROPOSED ALTERNATIVE

)

STANDARDS FOR NEW UTILITY

)

 R9ti-l

WASTE LANDFILLS

)

 (Rulemaking

 Land)

35 ILL. ADM. CODE PART 816

)

Proposed Rule

 First Notice

OPINION AND ORDER OF THE BOARD

 (by J.

 Yi):

Pursuant to Section 28(a)

 of the Environmental Protection

Act

 (Act)

 (415 ILCS 5/28(a)), we are opening this rulemaking

docket on the Board’s own motion.

 The purpose of this docket is

to consider amendments to 35

 Ill.

 Adm. Code Parts 807, 810 and

811, standards

for

N~wSolid Waste Landfills,

 and to propose new

Part 816, which would codify a process to allow the use of Poz-O-

Tec1 materials as an alternative means of satisfying the liner

and cap requirements for certain chemical waste landfills.

 Poz—

0-Tec materials are produced through a patented stabilization

process utilizing flue gas desulfurization

 (FGD)

 sludges and ash

produced by coal burning power generation facilities.

The

proposed

 rule

dud

dmendiuents

would allow owners or criemical waste

 landfills accepting only

 FGD sludges and coal combustion wastes

to use Poz—O—Tec as a liner and cap material,

 or alternatively,

would allow th~

monofilling

of

Poz-O-Tec materials

for such

landfills

 in place of using a liner and cap.

PROCEDURAL BACKGROUND

The proposed rules mirror adjusted standards granted to

Conversion Systems,

 Inc.

 (CSI) Poz-0-Tec process and materials in

dockets AS 93—4 and AS 93-5 on July 7,

 1995.

 (In the Matter of:

Adlusted Standard for Conversion Systems’ Poz—O—Tec Liners and

Caps,

 35 Iii. Adm

Code

811

 (Liner),

 (July

7,

 1995), AS 93—4 and

In the Matter of: Adlusted Standar~for Conversion Systems’ Poz—

O-Tec Monofills,

 35 Ill. Adm Code

 811 (Nonofill),

 (July

7,

1995), AS 93-5.)

 While the Board granted CSI the relief

requested in those two dockets, the accompanying Board opinions

expressed our concern that the adjusted standards impose

requirements upon entities or persons using the Poz—O—Tec

process, who were not parties to the adjusted standard

proceeding.

 Thus, opening this docket will allow affected

‘The Poz-O-Tec material, process and name are a registered

trademark.

2

entities and members of the public an opportunity to consider and

 comment on the use of Poz—O—Tec as an alternative to Part 811 at

those landfills accepting only FGD sludges and coal combustion

wastes.

 In addition, opening this docket will result in the

final adopted rules being codified in the administrative code,

increasing their availability to the public and allowing tor the

Board to consider amendments or modification as may be necessary

at a future date through the rulemaking process.

The rulemaking proposal in the order accompanying this

opinion consists of the language adopted as adjusted standards in

AS

93-4 and AS 93-5.

 Both CSI and the Environmental Protection

Agency

 (Agency) supported the Board’s adoption of this language

in those two dockets.

 The Board hereby incorporates by reference

the records in AS 93-4 and AS 93-5,

 as well as AS 92—9, which was

incorporated by reference into those two proceedings.

 Based on

the information contained in those dockets, the Board found that

the grant of adjusted standards was technically justified.

The

Board is proposing

that

this

language be codified

 in a new Part

816, entitled “ALTERNATIVE STANDARDS FOR NEW

UTILITY WASTE

LANDFILLS”,

 at a new Subpart A at Section 816.500 et

seq.

THE POZ-O-TEC PROCESS

The proposed rules would codiry a process

 wfllcfl would allow

a facility which has decided to utilize the Poz-O-Tec process two

disposal options: monofilling or constructing a liner and cap of

Poz—O—Tec matsrials.

 Should such facilities choose to use the

Poz—O—Tec process, its decision as to which option to use would

be dependent upon the ratio of flyash and sludge in its waste

stream.

 In the record incorporated herein, CSI asserts that most

facilities will be able to consistently produce high quality Poz-

0-Tec materials with a permeability less than or equal to

 1 x i0~

cm/sec.

 (Pet.

 at 8.)

 These materials could be disposed of in a

monorill.

For a facility choosing to use the monofill option, the Poz-

0-Tec material would Initially be stockpiled upon production,

where it would begin to cure and form a cementitious material.

It would then be placed upon or adjacent to Poz-O-Tec materials

already in the landfill.

 The material would be spread in

lifts,

rolled to smooth,

 compacted,

 and graded

so that rainfall would

run off without puddling.

 No liner,

 cap,

 or leachate collection

system would be required,

 since the Poz—O—Tec materials are

impermeable and would, not allow for leachate permeation.

Additionally,

 intermediate cover would not be required between

lifts,

 since newly—applied Poz-O-Tec materials will form bonds

with the praviously-landfilled material,

 forming a monolithic

mass.

3

However, some facilities will not generate sufficient fly

ash to consistently produce materials with a permeability less

than or equal to 1 x l0~cm/sec.

 (Pet. at

8.)2

 Such a facility

may, therefore,

 choose to produce a sufficient quantity of Poz—O—

TeC materials to construct a liner and cap meeting the 1 x

cm/sec.

 standard.

 This would be accomplished by storing fly ash

until an adequate supply is available to produce high quality

Poz-O-Tec materials.

 (Pet.

 at 8.)

 According to the proposed

rules, the landfill would then be constructed and operated in

accordance with the chemical waste landfill rules.

The proposed regulations

set

forth criteria to allow a

facility to use a Poz-O-Tec liner which is at least five feet

thick, which has a permeability of

1 x

to~

cm/sec. or less and

an uncanfined compressive strength of 150 psi or greater.

The

permeability and unconfined compressive strength must be verified

through the construction and field testing of a test pad.

The

landfill must receive for disposal only FGD sludges and coal

combustion wastes,

 and must be constructed at least five feet

above the water table.

 The cap could be constructed of the same

material as the liner, and must be at least three feet thick.

 The site owner would be required to do site—specific contaminant

modelling,

 groundwater modelling and assessment and remedial

action.

Today the Board acts to send this rulemaking proposal for

first notice.

 Pursuant to Section 5.01 of the Illinois

Administrative Procedure Act (IAPA)

 and Section 102.342 of the

Board’s procedural rules, the IAFA 45-day public comment period

will commence upon publication of today’s proposal in the

Illinois Register, during which the Board will accept written

comments from any person.

 Persons interested in providing

additional comment on this proposal should submit such comments

in writing to the Clerk of the Board prior to the expiration of

this 45-day period.

Additionally at least two hearings must be held in the State

of Illinois as any rule change resulting from this rulemaking

would have state-wide applicability.

 (415

 ILCS 5/28(a).)

The

assigned hearing officer shall issue a hearing officer order in

the near future establishing the date,

 location, and time for

hearing,

 in addition to scheduling due dates for pre-filed

testimony or questions,

 and a public comment period.

ORDER

2”Pet. at”

 is in reference to the petition filed in AS 93—4

and AS 93-5 on July 2,

 1993 by CSI.

4

The Board hereby proposes the following regulations for

 First Notice pursuant to the IAPA.

 The Board directs the Cleric

to cause publication of these regulations in the Illinois

Register for first notice.

 (The text starts on the following

page.)

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

i:

SOLID

WASTE

AND

SPECIAL

 WASTE HAULING

PART

807

SOLID WASTE

SUBPART

GENERAL

PROVISIONS

Section

807.101

Authority,

Policy

and

Purposes

807.102

Repeals

807.

103

Severability

807. 104

Definitions

807.105

Relation

Other

Rules

SUBPART

SOLID

WASTE

PERMITS

Section

807.201

Development

Permits

807.202

Operating

Permits

807.203

 Experimental Permits

807.204

Former

Authorization

807.205

Applications

for

Permit

807.206

Permit

Conditions

807.207

 Standards for Issuance

807.208

 Permit No Defense

807.209

Permit

Revision

807.210

Supplemental

Permits

807.211

Transfer

Permits

807.212

Permit

Revocation

807.213

Design,

Operation

and

Maintenance

Criteria

807.214

Revised

Cost

Estimates

SUBPART

SANITARY

LANDFILLS

Section

807.301

 Prohibition

807.302

 Compliance with Permit

807.303

 Methods of Operation

807.304

 Equipment,

 Personnel and Supervision

807.305

Cover

807.306

Litter

807.307

Salvaging

807.308

Scavenging

807.309

Animal

Feeding

807.310

Special

Wastes

807.311

Open

Burning

807.312

Air

Pollution

807,313

Water

Pollution

6

807.314

Standard

Requirements

807.315

Protection

Waters

the

State

807.

316

Application

807.317

Operating

Records

807.318

Completion

Closure

Requirements

SUBPART

 CLOSURE

AND

POST-CLOSURE

CARE

Section

807.501

 Purpose, Scope and Applicability.

807.502

Closure

Performance

Standard

807.503

Closure

Plan

807.504

Amendment

Closure

Plan

807.505

Notice

Closure

and

Final

Amendment

Plan

807.506

Initiation

Closure

807.507

Partial

Closure

807.508

 Certification of Closure

807.509

 Use of Waste Following Closure

807.523

 Postclosure Care Plan

807.524

 Implementation and Completion of Postclosure Care Plan

SUBPART

FINANCIAL

ASSURANCE

FOR

CLOSURE

AND

POSTCLOSURE

CARE

Section

807.600

Purpose,

Scope

and

Applicability

807.601

Requirement

tO

obtain

Financial

Assurance

807.602

 Time for Submission of Financial Assurance

807.603

Upgrading

Financial

 Assurance

807.604

Release

Financial

Institution

807.605

Application

Proceeds

and

Appeal

807.606

Release

the

Operator

807.620

Current

Cost

Estimate

807.621

Cost

Estimate

for

Closure

807.622

Cost

Estimate

for

Postclosure

Care

807.623

Biennial

Revision

Cost

Estimate

807.624

Interim

Formula

for

Cost

Estimate

807.640

Mechanisms

for

Financial

Assurance

807.641

Use

Multiple

Financial

Mechanisms

907.642

Usc

Financial

Mechanism

for

Multiple

Sites

807.643

Trust

Fund

for

Unrelated

Sites

807.644

RCRA

Financial

Assurance

807.661

Trust

Fund

807.662

Surety

Bond

Guaranteeing

Payment

807.663

Surety

Bond

Guaranteeing

Performance

807.664

Letter

Credit

807.665

Closure

Insurance

807.666

Self—insurance

for

Non—commercial

Sites

807.Appcndix

Financial

 Assurance

 Forms

Illustration

Trust

Agreement

Illustration

Certificate

Acknowledgment

Illustration

Forfeiture

Bond

Illustration D Performance Bond

Illustration E Irrevocable Standby Letter of Credit

Illustration

Certificate

Insurance

for

Closure

and/or

Postclosure

Care

Illustration

Operator’s

Bond

Without

Surety

Illustration

Operator’s

bond

With

Parent

Surety

Illustration

Letter

from

Chief

Financial

Officer

807.Appendix

Old

Rule

Numbers

Referenced

AUTHORITY:

Implementing

Sections

21.1

and

authorized

Section

the

Environmental

Protection

Act

-(-Ill.

Rev.

Stat.

1991,

ch.

ll-1½, pars.

1005,

102-I-il,

1022

and

1027

415

ILCS

5/5,

21.1,

22,

and

273-.

SOURCE:

Adopted

emergency

rule

and

filed

with

the

Secretary

State

July

27,

1973;

amended

Ill.

Reg.

16,

effective

April

10,

1978;

codified

Ill.

Reg.

13636;

recodified

from

Subchapter

i

Ill.

Reg.

13192;

emergency

amendment

 in R24-22A at

9

Ill,

flog.

741,

effective

January

1985

for

maximum

150

days;

amended

R84-22B

Ill.

Reg.

6722,

effective

April

29,

1985;

amended

R84-22C

Ill.

Reg.

18942,

effective

November

25,

1985;

amended

R84—45

Ill.

Reg.

15566,

effective

September

14,

1988;

amended

R88-7

Ill.

Reg.

15832,

effective

September

18,

1990;

emergency

 amendment

 in R93-25 at 17 Ill.

 Reg.

 17268,

effective September

24,

1993

 for a maximum or 150 aays;

 amended

in R90-26 at

18

Ill.

 Reg.

 12451, effective August

1,

 1994k

amended in R96-1 at

 Ill.

 Reg.

 effective

NOTE:

Capitalization

denotes

statutory

language.

SUBPART

GENERAL

PROVISIONS

Section

807.105

 Relation to Other Rules

a)

 Persons

arid

facilities

regulated

 pursuant to

111.

Adm.

Code

700

through

749

are

not

subject

the

requirements

this

Part

Ill.

Adm.

Code

811

through

215

and

817.

However,

if

such

facility

also

contains

one

units

used

solely

for

the

disposal

solid

wastes,

defined

Ill.

Adm.

Code

810.103,

 such units are subject to requirements of this

Part

and

Ill.

Adm.

Code

811

through

815

and

817.

Persons

and

facilities

subject

Ill.

Adm.

Code

807,

809

811

through

8-1-5

817

may

subject

other

applicable

Parts

Ill.

Adm.

Code:

Chapter

based

the

language

those

other

Parts.

Specific

examples

such

applicability

are

provided

as

explained

Ill.

Adm.

Code

700.102.

The

requirements

Ill.

Adm.

Code

810

through

8+5

end 817 are intended to supersede the requirements of

 this Part.

 Persons and facilities regulated pursuant

Ill.

 Adm.

 Code 810 through 815 and 817 are not

subject

the

requirements

this

Part.

This

Part

does

not

apply

 new units as defined

 in 35

 Ill. Adm.

Code

810.103.

(Source:

Amended

Ill.

Reg.

________,

 effective

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE

AND

 SPECIAL WASTE HAULING

PART

810

SOLID WASTE DISPOSAL:

 GENERAL

PROVISIONS

Section

810.101

 Scope and Applicability

810.102

 Severability

810.103

 Definitions

810.104

 Incorporations by Reference

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22 and 22.17, and

authorized by Section 27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1991,

oh.

111½, pare-.

1005,

1021,

1021.1,

1022,

1022.17 and

 10-27)- 41~

 TT.CS

 5/5,

21,

 21.1,

22,

 22.17,

 28.3. and

27.

SOURCE:

 Adopted in R88-7 at

14

 Iii. Reg.

 15838,

 effective

September

18,

 1990;

 amended

 in R93—1O at 18 Ill.

 Reg.

 1268,

effective January 13,

 1994; amended

 in R90-26 at

 18 Ill. Reg.

12457, effective August’ 1,

 1994; amended

 in R96-1

at

 Ill.

 Req.

effective

NOTE:

 Capitalization indicates statutory language.

Section

810.101

Scope

and

Applicability

This Part applies to

 all solid waste disposal facilities

regulated pursuant to 35 Ill.

 Adin. Code 811 through 815 and 817.

This Part does not apply to hazardous waste management facilities

regulated pursuant to 35 Ill. Adm. Code 700 through 750.

(Source:

Amended

Ill.

Reg.

_________,

 effective

Section

810.102

Severability

any

provision

this

Part

Ill.

Adm.

Code

811

through

81~Zor

its

application

any

person

under

any

circumstances

adjudged

invalid,

such

adjudication

shall

not

affect

the

validity

this

Part

Ill.

Adm.

Code

811

through

81~~as

whole

any

portion

not

adjudged

invalid.

(Source:

Amended

Ill.

Req.

________

effective

)

10

Section 810.103

 Definitions

Except

stated

this

Section,

unless

different

meaning

word

term

clear

from

the

context,

the

definition

words

terms

this

Part

shall

the

same

that

applied

the

same

words

terms

the

Environmental

Protection

Act

(Act)

(Ill.

Rev.

S-tat.

1991,

oh.

111½, pars.

1001

et.

seq.)

415

ILCS

et.

seq.):

“Act”

means

the

Environmental

Protection

Act,

Ill.

Rev.

Stat.

1991,

oh.

111½, pars.

1001

et.

seq

415

ILCS

“AGENCY”

THE

ENVIRONMENTAL

PROTECTION

AGENCY

ESTABLISHED

THE

ENVIRONMENTAL

PROTECTION

ACT.

(Section

3.08

the

Act.)

“Admixtures”

are

chemicals

added

earth

materials

improve

for

specific

application

the

physical

chemical

properties

the

earth

materials.

Admixtures

include,

but

are

not

limited

to:

lime,

cement,

bentonite

and

sodium

silicate.

“Applicant”

means

the

person,

submitting

application

the

Agency

for

permit

for

solid

waste

disposal

facility.

“AQUIFER”

 MEANS

SATURATED

(WITH

GROUNDWATER)

SOILS

AND

GEOLOGIC

MATERIALS

WHICH

ARE

SUFFICIENTLY

PERMEABLE

READILY

YIELD

ECONOMICALLY

USEFUL

QUANTITIES

WATER

WELLS,

SPRINGS,

STREAMS

UNDER

ORDINARY

HYDRAULIC

GRADIENTS

and

whose

boundaries

can

identified

and

mapped

from

hydrogoologic

data.

(Section

the

Illinois

Groundwater

Protection

Act

(Ill.

Rev.

Stat.

1-989-,-

oh-.

111

1/2,

par.

 7453-)-

1415

ILCS

55/3.)

“Bedrock”

means

the

solid

rock

formation

immediately

underlying

any

loose

superficial

material

such

soil,

alluvium

glacial

drift.

“Beneficially

usable

waste”

means

any

solid

waste

from

the

steel

and

foundry

industries

that

will

not

decompose

biologically,

burn,

serve

food

for

vectors,

form

gas,

cause

odor,

form

leachate

that

contains

constituents

that

exceed

the

limits

for

this

type

waste

specified

Ill.

Adm.

Code

817.106.

“BOARD”

THE

POLLUTION

CONTROL

BOARD

ESTABLISHED

il-fE

ACT.

(section

3.04

the

Act.)

“Borrow

area”

means

area

from

which

earthen

material

excavated

for

the

purpose

constructing

daily

1.1.

cover, final cover, a liner, a gas venting system,

roadways or berms.

“Chemical waste” means a non—putrescible solid whose

characteristics are such that any contaminated leachate

is expected to be formed through chemical or physical

processes,

 rather than biological processes, and no gas

is expected to be formed as a result.

“Coal combustion power generating facilities” mean

establishments

classified

Standard

Industrial

Classification

 (SIC)

 codes 4911 and 4931 which generate

electricity by combusting coal.

“Contaminated leachate” means any leachate whose

constituent violate the standards of 35 Ill.

 Adm. Code

811.202.

“Design Period” means that length of time determined by

the

sum

the

operating

life

the

solid

waste

landfill

facility

plus

the

postclosure

care

period

necessary to stabilize the waste in the units.

“DISPOSAL”

MEANS

THE

DISCHARGE,

DEPOSIT,

INJECTION,

DUMPING,

SPILLING,

LEAKING

PLACING

ANY

 SOLID

WASTE

INTO

ANY

LAND

OR WATER OR INTO

ANY

WELL

SUCH

THAT

SOLID WASTE OR

ANY

CONSTITUENT

THE

SOLID

WASTE

MAY

ENTER

THE

 ENVIRONMENT

BY BEING EMITTED INTO

THE AIR OR DISCHARGED INTO

ANY

WATERS,

INCLUDING

GROUNDWATER.

 (Section 3.08 of the Act.)

 If the solid

waste is accumulated and not confined or contained to

prevent its entry into the environment, or there is no

certain plan for its disposal elsewhere,

 such

accumulation shall constitute disposal.

“Disturbed areas” means those areas within a racility

that have been physically altered during waste disposal

operations or during the construction of any part of

the facility.

“Documentation” means items,

 in any tangible form,

whether directly legible or legible with the aid of any

machine or device, including but not limited to

affidavits, certificates, deeds,

 leases, contracts or

other binding agreements, licenses, permits,

photographs,

 audio or video recordings,

 maps,

geographic surveys, chemical and mathematical formulas

or equations,

 mathematical and statistical calculations

and assumptions,

 research papers, technical reports,

technical designs and design drawings,

 stocks, bonds

and financial records, that are used to support facts

or hypotheses.

“Earth

liners”

means

structures

constructed

from

naturally occurring soil material that has been

compacted to achieve a low permeability.

“Existing facility” or “Existing unit” means a facility

or unit which is not defined in this Section as

 a new

facility or a new unit.

“EXISTING

MSWLF

 UNIT” MEANS

ANY

 MUNICIPAL

SOLID WASTE

LANDFILL

UNIT

THAT

HAS

RECEIVED

HOUSEHOLD

WASTE

BEFORE

OCTOBER 9,

 1993.

 (Section 3.87 of the Act)

“Facility” means

 a site and all equipment and fixtures

on a site used to treat, store or dispose of solid or

special wastes.

 A facility consists of an entire solid

or special waste treatment,

 storage or disposal

operation.

 All structures used in connection with or

to facilitate the waste disposal operation shall be

considered a part of the facility.

 A facility may

include, but is not limited to, one or more solid waste

disposal units, buildings, treatment systems,

processing and storage operations,

 and monitoring sta-

tions.

“Field capacity” means that maximum moisture content of

a waste, under field conditions of temperature and

pressure, above which moisture is released by gravity

drainage.

“Foundry sand” means pure sand or a mixture of sand and

 any additives necessary for use of the sand in the

foundry process, but does not include such foundry

process by—products as air pollution control dust or

refractories.

“Gas collection system” means a system of wells,

trenches, pipes and other related ancillary structures

such as manholes, compressor housing, and monitoring

installations that collects and transports the gas

produced in a putrescible waste disposal unit to one or

more gas processing points.

 The flow of gas through

such a system may be produced by naturally occurring

gas pressure gradients or may be aided by an induced

draft generated by mechanical means.

“Gas condensate” means the liquid formed as a landfill

gas is cooled or compressed.

“Gas

venting

system”

means

a system of wells, trenches,

pipes and other related structures that vents the gas

produced in a putrescible waste disposal unit to the

atmosphere.

“Geomembranes” means manufactured membrane liners and

barriers of low permeability used to control the migra-

tion of fluids or gases.

“Geotextiles” are permeable manufactured materials used

for purposes which include, but are not limited to,

strengthening soil, providing a filter to prevent

clogging of drains, collecting and draining liquids and

gases beneath the ground surface.

“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS

WITHIN THE SATURATED ZONE AND WITHIN GEOLOGIC MATERIALS

WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO

OR GREATER THAN ATMOSPHERIC PRESSURE.

 (Section

 3 of

the Illinois Groundwater Protection Act)

“HOUSEHOLD WASTE” MEANS

ANY

 SOLID WASTE (INCLUDING

GARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS)

DERIVED FROM HOUSEHOLDS

 (INCLUDING SINGLE AND MULTIPLE

RESIDENCES, HOTELS AND MOTELS, BUNKHOUSES, RANGER

STATIONS,

 CREW QUARTERS, CAMPGROUNDS, PICNIC GROUNDS,

AND DAY-USE RECREATION AREAS).

 (Section 3.89 of the

Act)

“Hydraulic barriers” means structures designed to

prevent or control the seepage of water.

 Hydraulic

barriers include, but are not limited to cutoff walls,

slurry walls, grout curtains and liners.

“Inert waste” means any solid waste that will not

decompose biologically, burn,

 serve as food for

vectors, form a gas,

 cause an odor,

 or form a

contaminated leachate,

 as determined

 in accordance with

Section 811.202(b).

 Such inert wastes shall include

only non-biodegradable and non-putrescible solid

wastes.

 Inert wastes may include,

 but are not limited

to, bricks, masonry and concrete (cured for 60 days or

more).

“Iron slag” means slag.

“Land application unit” means an area where wastes are

agronomically spread over or disked into land or

 otherwise applied so as to become incorporated into the

soil

surface.

For

the

purposes

this

Part

and

Ill.

 Adm.

 Code 811 through 815,

 a land application unit

not

landfill;

however,

other

Parts

Ill.

Adm.

Code:

 Chapter

 I may apply, and may include the

permitting

requirements

 of 35

 Ill. Adm. Code 309.

“Landfill”

means

unit

part

facility

which waste

 is placed and accumulated over time for

i-Il

disposal, and which is not a land application unit, a

surface

impoundment

underground

injection

well.

For

the

purposes

this

Part

and

Ill.

Adm.

Code

811

through

815,

landfills

include

waste

piles,

defined

in this Section.

“LATERAL EXPANSION” MEANS A HORIZONTAL EXPANSION OF THE

 ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF

UNIT

OCCURRING ON OR AFTER OCTOBER 9,

 1993.

 FOR PURPOSES OF

THIS SECTION, A HORIZONTAL EXPANSION IS

ANY AREA

WHERE

SOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON

THE

BOTTOM

LINER

THE

UNIT,

EXCLUDING

SIDE

SLOPES

OR AFTER OCTOBER 9,

 1993.

 (Section 3.88 Of the Act)

“Leachate” means liquid that has been or is in direct

contact with a solid waste.

“Lift” means an accumulation of waste which is

compacted into

 a unit and over which cover is placed.

“Low risk waste” means any solid waste from the steel

and foundry industries that will not decompose

biologically,

burn,

serve

food

for

vectors,

form

gas,

 cause an odor,

 or form a leachate that contains

constituents that exceed the limits for this type of

waste

specified

Ill.

Adm.

Code

817.106.

“Malodor” means an odor caused by ONE OR MORE

CONTAMINANT EMISSIONS INTO THE ATMOSPHERE FROM A

FACILITY

 THAT

SUFFICIENT

QUANTITIES

AND

SUCH

 CHARACTERISTICS AND DURATION AS TO BE described as

malodorous and which may be INJURIOUS

TO HUMAN, PLANT,

OR

ANIMAL

LIFE,

HEALTH,

PROPERTY,

UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR

PROPERTY.

 (Section 3.02

 of the Act

 (defining “air

pollution”).)

“MUNICIPAL

SOLID

WASTE

LANDFILL

UNIT”

“MSWLF

 UNIT”

MEANS

CONTIGUOUS

AREA

 LAND

OR AN EXCAVATION THAT

RECEIVES

HOUSEHOLD

WASTE,

AND

THAT

NOT

 A LAND

APPLICATION,

SURFACE

IMPOUNDMENT,

INJECTION

WELL,

ANY

PILE

NONCONTAINERIZED

ACCUMULATIONS

SOLID,

NONFLOWING

WASTE

ThAT

USED

FOR

TREATMENT

STORAGE.

MSWLF

UNIT

MAY

ALSO

RECEIVE

OTHER

TYPES

 RCRA

SUBTITLE D WASTES,

 SUCH AS COMMERCIAL SOLID WASTE,

NONHAZARDOUS SLUDGE,

 SMALL QUANTITY GENERATOR WASTE AND

INDUSTRIAL

SOLID

WASTE.

SUCH

LANDFILL

 MAY BE

PUBLICLY

PRIVATELY

OWNED

OPERATED.

MSWLF

UNIT

MAY

NEW

MSWLF

 UNIT, AN EXISTING

MSWLF

 UNIT

OR A

LATERAL

EXPANSION.

SANITARY

LANDFILL

SUBJECT

REGULATION

MSWLF

RECEIVES

HOUSEHOLD

WASTE.

(Section 3.85 of the Act)

“National

Pollutant

Discharge

Elimination

System”

“NPDES”

means

the

program

for

issuing,

modifying,

revoking

and

reissuing,

terminating,

monitoring

and

enforcing

permits

and

imposing

and

enforcing

pretreatment

requirements

under

the

Clean

Water

Act

(33

U.S.C.

 1251 et

seq.),

Section

12(f)

the

Environmental Protection Act and 35 Ill.

 Adm.

 Code

 309.Subpart A and 310.

 “NPDES permit” means a permit

issued under the NPDES program.

“New facility” or “New unit” means a solid waste

landfill facility or a unit at a facility,

 if one

or

more of the following conditions apply:

It is a landfill or unit exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has not yet accepted any waste as of

September

18,

 1990;

It is a landfill or unit not exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has no

development

 or operating permit issued

the

Agency

pursuant

 35 Ill.

 Adm. Code 807 as

of September

18,

 1990;

or

It is a landfill with

 a unit whose maximum design

capacity or lateral extent is increased after

September

18,

1990.

BOARD

NOTE:

new

unit

located

existing

facility

shall be considered a unit subject to 35

 111. Adm. Code

914,

which

 references applicable

 requirements of 35

Ill.

 Adm.

 Code 811.

“NEW

MSWLF

UNIT”

MEANS

ANY

MUNICIPAL

SOLID

WASTE

LANDFILL

UNIT

THAT

HAS

RECEIVED

HOUSEHOLD

WASTE

AFTER

OCTOBER

1993

FOR

THE

FIRST

TIME.

(Section

3.86

the

Act)

“One hundred

 (100)

 year flood plain” means any land

area

which

subject

one

percent

greater

chance

of

flooding

 in a

given year from any source.

“One hundred

 (100) year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval

 of once

in

 100 years.

“Operator” means the person responsible for the

operation and maintenance

of

 a solid waste disposal

facility.

“Owner”

means

person

who

has

interest,

directly

16

indirectly,

 in land, including a leasehold interest,

on

which

 a person operates

 and maintains

 a solid waste

disposal

facility.

 The “owner”

 is the “operator” if

there

other

person

who

operating

and

maintaining

solid

waste

disposal

facility.

“Perched watertab.e

“

 means an elevated watertable

above a discontinuous saturated

 lens,

 resting on

 a low

permeability

 (such as clay)

 layer within a high

permeability

 (such as

 sand)

 formation.

~

 area” means the entire horizontal and vertical

region occupied by a permitted solid waste disposal

facility.

“PERSON”

ANY

INDIVIDUAL,

PARTNERSHIP,

CO-

PARTNERSHIP,

 FIRM,

 COMPANY, CORPORATION, ASSOCIATION,

JOINT

STOCK

COMPANY,

TRUST,

ESTATE,

POLITICAL

SUBDIVISION,

STATE

AGENCY,

ANY

 OTHER LEGAL ENTITY,

THEIR

LEGAL

REPRESENTATIVE,

AGENT

ASSIGNS.

(Section

3.26

 of the Act.)

“Potentially

usable

waste”

means

any

solid

waste

from

the

steel

and

foundry

industries

that

will

not

decompose

biologically,

burn,

serve

food

for

vectors,

form

gas,

cause

odor,

form

leachate

that

contains

constituents

that

exceed

the

limits

for

this type of waste as specified at

Ill.

Adni.

Code

817. 106.

“Poz—O-Tec

materials”

 means materials produced by~a

stabilization

process

patented

Conversion

Systems~

Inc.

utilizing

flue

gas

desulfurization

(FGDJ~sludges

and

ash

produced

coal

combustion

ppwer

generation

facilities as raw materials.

“Poz-O-Tec monofill” means

a

landfill

 in which solely

Poz—O—Tec

materials

are

placed

for

disposal.

“Professional engineer” means a person who has

registered

and

obtained

seal

pursuant

“The

Illinois Professional

 Engineering

 Practice Act of 1959”

(Ill.

Rcv.

 Ctat

1989,

oh-.

 l-11-,--par.

5-l0-1-e-t-oeq-~--)-

225

ILCS 325/1

 set seq.).

“Professional

land

surveyor”

means

person

who

has

received

certificate

registration

and

seal

pursuant

“Illinois

Professional

~‘he

Land

Surveyors

Act of

 1989”

 -(Ill-.

Rev.

 Stat. i9C~, ch.

1-11,

 par.

3201

et

 seq.)

225

 ILCS 330/1 et seq..

“Putrescible waste” means a solid waste that contains

17

organic

matter

capable

being

decomposed

microorganisms so as to cause

 a malodor, gases,

or

other

offensive

conditions,

which

capable

providing food

for

birds

and

vectors.

Putrescible

wastes may form a contaminated leachate from

microbiological degradation,

 chemical processes,

and

physical processes.

 Putrescible waste includes, but

is

not limited to, garbage,

 offal, dead animals,

 general

household

waste,

and

commercial

waste.

All

solid

wastes which do not meet the definitions of inert or

chemical

wastes

shall

considered

putrescible

wastes.

“Publicly owned treatment works” or “POTW” means a

treatment

works

that

owned

the

State

Illinois

unit

local

qovernment.

This

definition

includes

any

devices

and

systems

used

the

storage,

treatment,

recycling

and

reclamation

municipal

sewage

industrial

wastewater.

also

includes

sewers,

pipes

and

other

conveyances

only

they

convey

wastewater to

 a POTW treatment plant.

 The term also

means

the

unit

local

government

which

has

jurisdiction

over

the

indirect

discharges

and

the

discharges

from

such

treatment

works.

“RESOURCE

CONSERVATION

RECOVERY

ACT”

“RCRA”

MEANS

THE

RESOURCE

CONSERVATION

AND

RECOVERY

ACT

1976

(P.L.

94—580

Codified

USC.

§S

6901

seq.)

AMENDED.

(Section 3.90 of the Act)

“Recharge

zone”

means

area

through

which

water

can

enter an aquifer.

“Responsible charge,” when used to refer to a person,

means that the person is normally present at a waste

disposal site;

 directs the day-to-day overall operation

the

site;

and

either

the

owner

operator

employed

under

contract

with

the

owner

operator

assure

that

the

day—to—day

operations

the

site

are

carried

out

compliance

with

any

Part

Ill.

Adm.

Code:

Chapter

governing

operations

waste disposal sites.

“Runoff”

means

water

resulting

from

precipitation

that

flows

overland

before

it

enters

defined

stream

chan-

nel,

 any portion

of such overland flow that infiltrates

into

the

ground

before

reaches

the

stream

channel,

and

any

precipitation

that

falls

directly

into

stream

channel.

“Salvaging”

means

the

return

waste

materials

use,

under

the

supervision

the

landfill

operator,

long

as

the

activity

confined

area

remote

from

the

operating face of the landfill,

 it does not interfere

with

otherwise

delay

the

operations

the

landfill,

and it results in the removal of all materials for

 salvaging from the landfill site daily or separates

them

type

and

stores

them

manner

that

does

not

create

nuisance,

harbor

vectors

cause

unsightly

appearance.

“Scavenging”

 means

the

removal

materials

from

solid

waste

management

facility

unit

which

not

salvaging.

“Seismic Slope Safety Factor” means the ratio between

the resisting forces or moments in a slope and the

driving forces or moments that may cause a massive

slope failure during an earthquake or other seismic

event such as an explosion.

“Settlement” means

subsidence

caused by

waste

loading,

changes in groundwater level, chemical changes within

the soil and adjacent operations involving excavation.

“Shredding” means the mechanical reduction in particle

sizes of solid waste.

 Putrescible waste is considered

shredded

percent

the

waste

dry

weight

passes

inch

sieve.

“Significant Modification” means a modification to an

approved

permit

issued

 the Agency in accordance with

Section

the

Act

and

Ill.

Adm.

Code

813

that

required

when

one

the

following

changes,

considered

significant

when

that

change

measured

one

or more parameters whose values lie outside the

expected

operating

range

values

specified

the

permit, are planned, occur or will occur:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

Any change in the placement of daily, intermediate

or final cover;

A decrease in performance, efficiency or longevity

the

liner

system;

A decrease

 in efficiency or performance of the

leachate collection system;

A change

configuration,

performance,

efficiency

the

leachate

management

system;

A change in the final disposition of treated

effluent or in the quality of the discharge from

the leachate treatment or pretreatment system;

Installation of a gas management system,

 or a

decrease in the efficiency or performance of an

existing gas management system;

A change in the performance or operation of the

surface water control

system;

A decrease in the quality or quantity of data from

any environmental monitoring system;

A change in the applicable background concentra-

tions or the maximum allowable predicted

concentrations;

A change in the design or configuration of the

regraded area

after development

 or after final

closure;

change

the

amount

type

postclosure

financial assurance;

Any change in the permit boundary;

change

the

postclosure

land

use

the

property;

A remedial action necessary to protect

groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place

into service a structure constructed pursuant to a

construction quality assurance program;

or

A change in any requirement set forth as a special

condition in the permit.

“Slag” means the fused agglomerate which separates in

the iron and steel production and floats on the surface

 of the molten metal.

“Sole source aquifer” means those aquifers designated

pursuant to Section 1424(e)

 of the Safe Drinking Water

Act of 1974,

 (42 U.S.C 300h—3).

“Solid Waste” means a waste that is defined in this

Section as an inert waste,

 as a putrescible waste,

 as a

chemical waste or as a special waste,

 and which is not

also defined as a hazardous waste pursuant to 35 Ill.

Adm. Code 721.

“SPECIAL WASTE”

MEANS

ANY

 INDUSTRIAL PROCESS WASTE,

POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS

DETERMINED

 PURSUANT

SECTION

22.9

 OF THE ACT and 35

Ill. Adm. Code 808.

 (Section 3.45 of the Act.)

“Static Safety Factor” means the ratio between

resisting forces or moments in a slope and the driving

forces or moments that may cause a massive slope

failure.

“Steel slag” means slag.

“Surface impoundment” means a natural topographic

depression,

 a man—made excavation,

 or a diked area into

which flowing wastes, such as liquid wastes or wastes

containing

free

liquids, arc placed.

 For the purposes

of this Part and 35 Ill.

 Adm.

 Code

 811 through 815,

a

surface impoundment is not a landfill.

 Other Parts of

35 Ill. Adm.

 Code:

 Chapter I may apply,

 including the

permitting requirements of

35

 Ill.

 Adm. Code 309.

“Twenty-five

 (25)

 year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formation

above or below the bottom elevation of

 a constructed

liner or wastes, where no liner

 is present, which is an

aquifer, and includes any lower aquifer that is

hydraulically connected with this aquifer within the

facility’s permit area.

“unit” means a contiguous area used for solid waste

disposal.

“Unit of local government” means

 a unit of local

government,

 as defined by Article

 7, Section 1 of the

Illinois Constitution.

 A unit of local government may

include, but is not limited to,

 a municipality, a

county,

or

 a sanitary district.

“Waste

pile”

means

area

which

non—containerized

masses of solid, non flowing wastes are placed for

disposal.

 For the purposes of this Part and 35 Ill.

Adm.

Code 811 through 815,

 a waste pile is a landfill,

unless the operator can demonstrate that the

wastes

are

not accumulated over time for disposal.

 At a minimum,

such demonstration shall include photographs, records

or other observable

 or discernable information,

21

maintained on a yearly basis, that show that within the

preceding year the waste has been removed for

utilization or disposed elsewhere.

“Waste stabilization” means any chemical, physical or

thermal treatment of waste, either alone or in

combination with biological processes, which results in

a reduction of microorganisms,

 including viruses, and

the potential for putrefaction.

“Working face” means any part of a landfill where waste

is being disposed.

“Zone of attenuation” is the three dimensional region

formed by excluding the volume occupied by the waste

placement from the smaller of the volumes resulting

from vertical planes drawn to the bottom of the

uppermost aquifer at the property boundary or 100 feet

from the edge of one or more adjacent units.

(Source:

 Amended at

19

 Iii.

 Reg.

 effective

Section 810.104

 Incorporations by Reference

a)

 The Board incorporates the following material by

reference:

1)

 code

of

Federal Regulations:

40 CFR 141.40

 (1988).

40 CFR 258.Appendix II

 (1992).

2)

 American Institute of Certified Public

Accountants,

 1211 Avenue of the Americas, New York

NY

 10036:

Auditing Standards--Current

Text, August

1,

1990 Edition.

3)

 ASTM.

 American Society for Testing and Materials,

1976 Race Street,

 Philadelphia PA

19103

 (215)

299—5585:

Method D2234-76, Test Method for Collection

of Gross Samples of Coal.

Method D3987-85,

 Standard Test Method

for

Shake Extraction of Solid Waste with Water.

Method D5102, Standard Test Method for

22

Unconfined Compressive Strength of Cohesive

Soils.

4)

 U.S.

 Government Printing Office, Washington,

 D.C.

20402,

Ph:

 (202)

 783—3238:

Test Methods for Evaluating Solid Waste,

Physical/Chemical methods, EPA Publication

SW-846 (Third Edition, 1906 as amended by

Update I

 (November,

 1990)

 U.S. Army Corrs of Engineers.

 Publication

Department,

 2803 52nd Ave.,

 Hyattvile, Maryland

20781, Ph.

 (301)

 394—0081:

Engineering Manual 1110-2-1906 Appendix VII,

Falling-Head Permeability Test with

Permeameter Cylinder.

b)

 This incorporation includes no later amendments or

editions.

(Source:

 Amended at 19 Ill. Reg.

_________

 effective

)

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i;

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 811

STANDARDS FOR

NEW

SOLID WASTE LANDFILLS

SUBPART

A:

 GENERAL STANDARDS FOR ALL LANDFILLS

Section

811.101

 Scope and Applicability

811.102

 Location Standards

811.103

 Surface Water Drainage

811.104

 Survey Controls

811. 105

 Compaction

R1I.1O~

 Daily

Cover

811. 107

 Operating

Standards

811.108

 Salvaging

811.109

 Boundary Control

811.110

 Closure and Written Closure Plan

811. 111

 Postclosure Maintenance

SUBPART

B:

 INERT WASTE LANDFILLS

Section

811.201

 Scope and Applicability

811.202

 Determination of Contaminated Leachate

811.203

 Design Period

811.204

 Final Cover

811.205

 Final Slope and Stabilization

811.206

 Leachate Sampling

811.207

 Load Checking

SUBPART

C:

 PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section

811.301

 Scope and Applicability

811.302

 Facility Location

811.303

 Design Period

811.304

 Foundation and Mass Stability Analysis

811.305

 Foundation Construction

811.306

 Liner Systems

811.307

 Leachate Drainage System

811.308

 Leachate Collection System

811.309

 Leachate Treatment and Disposal System

911.310

 Landfill cas Monitoring

811.311

 Landfill Gas Management System

811.312

 Landfill Gas Processing and Disposal System

811.313

 Intermediate Cover

24

811.314

 Final Cover System

811.315

 Hydrogeological Site Investigations

811.316

 Plugging and Sealing of Drill Holes

811.317

 Groundwater Impact Assessment

811.318

 Design, Construction,

 and Operation of Groundwater

Monitoring Systems

811.319

 Groundwater Monitoring Programs

811.320

 Groundwater Quality Standards

811.321

 Waste Placement

811.322

 Final Slope and Stabilization

811.323

 Load Checking Program

811.324

 Corrective Action Measures for NSWLF Units

811.325

 Selection

of Remedy for MSWLF Units

811.326

 Implementation of the corrective action program at

MSWLF Units

SUBPART

MANAGEMENT

 OF SPECIAL WASTES AT LANDFILLS

Section

811.401

 Scope and Applicability

811.402

 Notice to Generators and Transporters

811.403

 Special Waste Manifests

811.404

 Identification Record

811.405

 Recordkeeping Requirements

811.406

 Procedures for Excluding Regulated Hazardous Wastes

SUBPART E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section

811.501

 Scope and Applicability

811.502

 Duties and Qualifications of Key Personnel

811.503

 Inspection Activities

811.504

 Sampling Requirements

811.505

 Documentation

811.506

 Foundations and Subbases

811.507

 Compacted Earth Liners

811.508

 Geomembranes

811.509

 Leachate Collection Systems

SUBPART

 FINANCIAL ASSURANCE

Section

811.700

 Scope, Applicability and Definitions

811.701

 Upgrading Financial Assurance

811.702

 Release of Financial Institution

811.703

 Application of Proceeds and Appeals

 811.704

 Closure and Postclosure Care Cost Estimates

811.705

 Revision of Cost Estimate

811.706

 Mechanisms

 for Financial Assurance

811.707

 Use of Multiple Financial Mechanisms

811.708

 Use of a Financial Mechanism for Multiple Sites

811.709

 Trust Fund for Unrelated Sites

811.710

 Trust Fund

811.711

 Surety Bond Guaranteeing Payment

811.712

 Surety Bond Guaranteeing Performance

811.713

 Letter of credit

811.714

 Closure Insurance

811.715

 Self-Insurance

for

Non-commercial Sites

8l1.Appendix A Financial Assurance Forms

Illustration A Trust Agreement

Illustration B certificate of Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Illustration E Irrevocable Standby Letter of Credit

Illustration F certificate of Insurance for Closure and/or

Postclosure Care

Illustration G Operator’s Bond Without Surety

Illustration H Operator’s Bond With Parent Surety

Illustration I Letter from Chief Financial Officer

8l1.Appendix B Section-by-Section Correlation Between the

Requirements of the Federal MSWLF Regulations at

40 CFR 258

 (1992) and the Requirements of Parts

810 through 814.

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

22,

 22.17 and 28.1

and authorized by Section 27 of the Environmental Protection Act

(Ill.

 Rcv.

 Stat.

 1991,

ch.

 111½,

 pars.

 1005,

 1021,

 1021.1,

 1022,

1022.17,

 1028.1 and

 1027-)

415

 ILCS 5/5,

21,

 21.1,

22,

 22.17,

28.1 and 27.

SOURCE:

Adopted

R88-7

Ill.

Reg.

15861,

effective

September 18,

 1990;

 amended in R92-19 at

 17 Ill.

 Reg.

 12413,

effective July 19, 1993; amended in R93—10 at

 18 Ill. Req.

 1308,

effective January 13,

 1994;

 expedited correction at 18 Ill. Reg.

7504, effective July

19,

 1993;

 amended in R90—26 at 18 Ill. Reg.

12481, effective August 1,

 1994; amended in R96-l at

 Ill.

 Reg.

effective

NOTE:

 Capitalization indicates statutory

 language.

SUBPART A:

 GENERAL STANDARDS FOR ALL LANDFILLS

Section 811.101

 Scope and Applicability

a)

 The standards of this Part apply to all new landfills,

except as otherwise provided in

35

 Ill. Adm. code

~Ja

and 817, and except those regulated pursuant to 35 Ill.

 Adm. Code 700 through 749.

 Subpart A contains general

standards applicable to all new.landfills.

 Subpart B

contains additional standards

for

new landfills which

dispose of only inert wastes.

 Subpart

 C contains

additional standards

 for new landfills which dispose of

chemical and putrescible wastes.

26

b)

 All general provisions of 35 Ill. Adm.

 Code 810 apply

to this Part.

c)

 Standards for Municipal Solid Waste landfills

1)

 The standards

 of this Part also apply to all new

MSWLF units,

 as defined at

 35 Ill.

 Adm.

 Code

810.103.

 The standards for the new MSWLF units

include:

A)

 The standards applicable to new landfills

pursuant to aubsection

 (a);

and

B)

 The standards adopted in this part that are

identical-in-substance to the federal

regulations promulgated by the U.S.

Environmental Protection Agency pursuant

Sections 4004 and 4010

 of the RCRA

relating

to MSWLF program.

 Such standards are

individually indicated as applicable to MSWLF

units.

2)

 The Appendix Table 81l.Appendix

 B provides

a

Section-by—Section correlation between the

requirements of the federal MSWLF regulations at

40 CFR 258

 (1992) and the requirements of this

Part.

 An owner or operator of a MSWLF unit shall also

comply with any other applicable Federal rules,

laws,

 regulations,

 or other requirements.

BOARD NOTE:

 Subsection

 (c) (3)

 is derived from 40

CFR 258.3

 (1992).

(Source:

 Amended at

19

 Ill.

 Reg.

________,

 effective

2 /

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

 B: WASTE DISPOSAL

SUBCHAPTER

i:

 SOLID WASTE

AND

 SPECIAL WASTE HAULING

PART 816

ALTERNATIVE STANDARDS FOR NEW UTILITY WASTE LANDFILLS

SUBPART A: STANDARDS FOR POZ-O-TEC LINERS AND CAPS

AND POZ-O-TEC MONOFILLS

Section

816.500

816.510

816.520

816.530

Scope and Applicability

Poz-O—Tec Liners and Caps

Poz-O-Tec Monofills

Testing of Poz-O-Tec Liners and Caps,

 and Poz-O--Tec

Monofills

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

22,

 22.17 and 28.1

and authorized by Section

 27 of the Environmental Protection Act

t415 ILCS 5/5,

21,

 21.1,

22,

 22.17,~28.1and

27.

SOURCE:

 Adopted

 in R96-

 at 19 Ill.

 Reg.

 effective

SUBPART A:

 STANDARDS FOR POZ-O-TEC LINERS AND CAPS

AND

POZ-O-TEC MONOFILLS

Section 816.500

 Scope and Applicability

~j

 Except as otherwise specified in this Subpart,

landfills receiving solely flue gas desulfurization

(i~Dj

sludges and coal combustion wastes produced by

coal combustion power generating facilities utilizing a

lime or limestone scrubber system shall be designed,

constructed and operated in compliance with all

applicable requirements of 35 Ill. Adm. Code Parts 811,

812 and 815.

~

 All general provisions of 35 Ill. Adm.

 Code 810 apply

to this Part.

Section 816.510

 Poz-O-Tec Liners and Caps

Notwithstanding the liner and cap requirements set forth at 35

Ill.

 Adm. Code 811.306, 811.314 (sole~yto the extent that

it

may

preclude Poz-O-Pec materials from being used as a landfill cap or

liner) and 811.507 (a) (5). FGD sludges and coal combustion waste

produced by coal combustion power

generating

facilities utilizing

a lime or limestone scrubber system may be used for liner or cap

construction for the purposes of Subpart C of Part 811, provided

that:

28

These raw FGD sludges and coal combustion wastes have

been processed into_Poz-O-Tec materials

~

 The permeability of the liner constructed of Poz-O-Tec

material is demonstrated to be less than or equal to I

x 10~cm/sec after placement and curing

based

 upon a

geometric average of the permeability testing results

prior to the placement of any waste upon the liner

~1

 The Poz—O—Tec material has an unconfirmed compressive

strength of greater than or equal to 150 psi based upon

an arithmetic average,

 the. strength

testinq

results

obtained in accordance with Subpart M of Section

816

•

530~

~j-

 The bottom liner has

 a minimum thickness

 of three j~

feet but this thickness may be increased as necessary

to make the demonstrations req~iredby 35

 Iii. Adm.

Code Parts

 812 or 815

~

 The base of the liner is constructed at least five feet

abovQ the average historical groundwatQr tablet

£j

 Only coal combustion wastes and FGD sludges produced

from power generating facilities utilizing lime or

limestone scrubber~ystems are placed into the

landfill

~

 A final cover system is installed

 accordance with

the requirements

of

35

 Ill. Adm.

 Code 811.314 except

that the low_permeability

 layer of the cap shall

cônsigt

Poz—O—T~c matpria1~

 which are at least three

feet thick

~

 The material testing procedures specified

 in Section

816.530 are implemented

j)..

 The landfill

 is designed, constructed and operated

in

compliance with all applicable requirements

 of 35

 Ill.

Adm.

 Code Parts 811,

 812 and 815

jJ,

 The bottom liner and 1ow_permeabfl.it~y1ay~rof the can

are constructed according to

 a construction quality

assurance prqgram

in accordance with 35 Iii.

 Adm.

 Code

811,

 Subpart E

ci..

 An acceptable groundwater impact_assessmentpursuant to

35

 Ill. Adm.

 Code 811.317( )~_812.316,~813.304,

or

815.203,

 as appropriate for the given facility

is

submitted to the Agency by the owner or operator

29

jj~

 A test liner is constructed by the owner or opera_tor,

such that all

that

 remains is the curing of the test

liner, before construction of the actual full—scale

liner of Poz—O—Tec material may commence,

 in accordance

 witb~3~IlL Adm. Code~

81l.501(atL4).

 The test liner must be fully evaluated

in accordance with Section 816,530 and the results must

be provided to the Agency.

 If the test liner

evaluation results indicate a failure of the test liner

to meet any of the performance standards in this

Section,

 and if the Aqency so

directs,

 the user must

excavate and properly di~po~eof all Poz—O—Tec

 liners

at the site,

 as well as any waste deposited in and

around su_çh linersj~and

~

 Owners or operators using Poz—O—Tec materials in

accordance with this Section shall comply with the

Illinois Environmental Protection Act

 (415 ILCS_5f1_et

seq.)

 and 35

 Ill. Adm. Code Parts 807,

 810, and 811, to

the extent those proYisions are not otherwise addressed

herein.

Section 816.520

 Poz—O—Tec Monofills

Any monofill receiving solely FGD sludges and coal combustion

wastes produced by coal combustion power generating facilities

utilizing .a lime or limestone scrubber system shall be exempt

from the requirements of 35

 Iii. Adm.

 Code 811.105

 (solely as it

relates to the_~lacementof wastes

 the lowest__part of th~

active fac~),811.306,

 811.307, 811.308, 811.309,

 811.313 jsolely

as they relate to soil cover),

 8l1.314(b)(3)(C)

 (solely to the

extent

that

 it~may

oreclude

Poz~-O—Pec

~ateria1s~from~beina

 used

as a landfill cap)

 and 811.321

 (relating solely to waste

placement),

 provided that:

~

 The FGD sludges and coal combustion wastes have been

processed into Poz—O—Tec materials

~

 The permeability of the liner constructed of Poz--O-Tec

material

 is demonstrated to be less than or equal to

1

x 10~cm/sec after placement and curing based upon

a

ge~metric_average

 those cvi

inders tasted for

permeability~whichwere formed from

 single sample in

accordance with Section 816.530(b)

~j

 The Poz—O—Tec material has an unconfined coj~pressive

strength of greater than or eaual to 150 psi using an

arithmetic average of the strength testing results

obtained in accordance with Section 816.530

~j

The

base

 the monofill is constructed at least five

feet above the average historical groundwater table.

~j

 A monofill liner and low permeability cap is

constructed from the Poz-O—Tec materials as described

in Section 816.510

~j

 A drainage layer is constructed atop the monofill liner

which has a permeability greater than or equal to 1 x

 lO~cm/secwhich extende over the

entire liner

system of

the monofill

gJ

 The material is placed in such a manner that it will

form a monolithic block through placement of the

material in one to two foot lifts, which are compacted,

rolled to smooth and graded and sloped such that any

rainfall rapidly runs off the upper surface without

puddling

hi.

 At all times

 a berm

is maintained around three sides of

the landfill mass and the grading is such that the run-

off is directed toward the open side where it is

collected for reuse or treated

 (if necessary)

and

discharged nursuant to an NPDES permit

j),.

 The material testing procedures specified in Section

816.530 are implemented

jj,•

 Construction of the full scale monofill may commence

immediately upon completion of the test pad~

~j

 An acceptable groundwater impact assessment pursuant to

35 Ill. Adm.

 Code 811.371(b). 812.316.

R13.304,

or

815.203, as appropriate for the given facility is

prepared; and

JI

 Owners or operators using the Poz—O-Tec materials in

accordance with this section shall comply with the

Illinois Environmental Protection Act (415 ILCS 5/1 et

seq.) and 35 111. Adm. Code 811, to the extent those

provisions are not otherwise addressed herein.

Section 816.530

 Testing of Poz-O—Tec Liners and Caps, and

 Poz-O—Tec Monofills

The owner or operator shall implement the following material

testing procedures for testing Poz-O—Tec liners and caps, and

Poz-O-Tec Monofills:

~j

 Creation

and

Sampling

Test

Pad

fl

 The owner or operator

shall construct a test

pad

31

in accordance with 35

 Ill. Adm. Code 81l.5O7(a)~

unleec cuch construction is waived by the A~ency

pursuant

subsection(b)

 of that secti.pni~

~

 The test pad shall k~_aflQwedto cure for 56 days

at 73°Fahrenheit

 (or equivalent cure)

~j

 After curing,

fifty

samples shall

 be taken using a

4 inch diameter coring 11t;

and

il

 The specimens shall be trimmed to pr~ctorcylinder

size utilizing an abrasive blade masonry saw, and

tested for uncp~fi~ed_compr~essive

 strength and

coefficient of permeability.as described in

subsection C,~below.

 Of the specimens taken from

the_pad,

 twenty shall be analyzed for their

coefficient of permeability and thirty shall be

analyzed

 for their unconfined compressive

strength.

~

 Collection of Production Samples

The owner or operator shall collect samples from the

production of Poz-O-Tec in the following manner:

~j-

 Utilizing a large sco~p,five gallon buckets of

fresh_ly produced material shall be collected at

uniform intervals during construction of the test

pad and shjpped to

 a laboratory for analysis.

ZL

 Five proctor cylinder specimens shall be prepared

from each bucket of freshly produced material.

Three of these five cylinders shall

 be tested for

unconfined compressive strength and the other two

shall be tested for permeability.

~

 Additional uncured samples shall

bataJ~enas

necessary for_preparation and testing to determine

moisture content,

 lime content,

 the ratio or tly

ash to sludge and in-place density.

 Testing

for

these parameters shall be conducted in accordance

with standard test methods.

~j

 Strength and Permeabi1i~yThsting

fl

 lincured samples__shall be taken to

 a laboratory,

placed into proctor cylinders, com~cted to

simulate field conditions, cured in sealed

containers ror 56

days

at

730

 (or equivalent cure)

and tested ~~_~çoefficient_of ~ermeabi1ity and

unconfined strength using the following test

methoda, which are incorporated by reference in 35

Ill. Adm.

Code

810.104:

iL.

 U. S. Army Corps, of Engineers Engineering

Manual 1110-2-1906 Appendix Vii,

Falling-Heal Permeability Test with

Permeameter Cy~4nder.

ii)

 ASTM Method D5102; Standard Method for

Unconfined Compressive Strength of

ç~hesiveSoils.

 Field samples shall be tested using the same

methods as specified in subsection ib) (1), above.

~

 Data Correlation

Laboratory data and field data shaLl be compared

to determine any statistically significant

differences using standard statistical correlation

methodologies.

~j

 Subsequent Testing

Upon completion of field verification, as

described above in

 (c) (2), the owner or operator

of the site shall conduct quality control/quality

assurance testing by taking monthly samples of

freshly produced Poz-O-Tec materials,

 and sending

those samples to a laboratory where they shall be

formed_into proctor cylinder specimens for

testing.

 Two of those samples shall he tested for

their coefficient of permeability, three for

unconfined compressive strength, and one each for

the parameters set forth in subsection

 (b) (3),

above.

 Laboratory~te~ting__forpermeability and

strength

m~~_tbe conducted in

accordance

 with the

test methods referenced in Section (bL~fl. Test

result.s

iuusL

 deinonsLrat.e

 a coefficient of

permeability of less than or equal

tol

 x_l0~

cm/sec using a geometric average of the

perm~ahility

testing

r~sults1

and

unconfined

compressive strength of greater than or equal to

150 psi using an arithmetic averag~of the

strength testing results.

IT IS SO ORDERED.

Board Member R.C. Flemal dissented.

I,

 Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board,

hereby

certify

that

the

abov~ opinion

and

order

was

adopted

the

~/~~J~4’

 day of

J~Z~-1-,~4~

 1995,

 by a

voteof

~

111mb

 Control Board