ILLINOIS POLLUTION CONTROL BOARD

May 18,

1995

IN THE MATTER OF:

)

ANENDMENTS TO 35 ILL. ADM. CODE

)

 R95-9

810.103

 (SOLID WASTE DISPOSAL

)

 (Rulemaking)

GENERAL PROVISION) CONCERNING

)

ON-FARM’ DISPOSAL OF DEAD ANIMALS

)

Proposed Rule.

 First Notice.

OPINION

AND

ORDER OF THE BOARD

 (by R. C.

 Flemal):

This matter comes before the Board upon a proposal to amend

the Board’s solid waste disposal regulations jointly filed by the

Illinois Farm Bureau, Illinois Beef Association, Illinois Lamb

and Wool Producers,

 Inc.,

 Illinois Milk Producers Association,

and the Illinois Pork Producers Association

 (joint proponents).

The joint proponents request that the Board’s solid waste

disposal regulations be amended to clarify that an on—farm site

used for the burial disposal of dead animals, where the disposal

is conducted in accordance with the Illinois Dead Animal Disposal

Act

 (225 ILCS 610/1 et

 seq.),

 does not constitute a landfill

subject to the Board’s regulations governing landfills.

The Board’s responsibility in this matter arises from the

Environmental Protection Act

 (Act)

 (415 ILCS 5/1 et seq.

 (1992)).

The Board is charged therein to “determine, define and implement

 the environmental control standards applicable in the State of

Illinois” (415 ILCS 5/5(b)).

 More generally, the Board’s

rulemaking charge is based on the system of checks and balances

integral to Illinois environmental governance:

 the Board bears

responsibility for the rulemaking and principal adjudicatory

functions; the Agency has primary responsibility for

administration of the Act and the Board’s regulations.

By today’s action the Board adopts the proposed amendments

for the purpose of first notice, pursuant to the Illinois

Administrative Procedure Act

 (5 ILCS 100/1—1 et

 seq.

 (1992)).

Publication in the

 Illinois Register

 will follow today’s action,

whereupon an additional 45-day public comment period will begin

1

The Board today adds the term “on—farm” to the caption of

this proceeding for the purpose of better characterizing the

scope of the proposed amendments.

—2—

during which interested persons may file further public comment

with the Board.

PROCEDURAL HISTORY

The joint proponents filed their proposal on February

2,

1995.

 By order of February 16,

 1995 the Board accepted the

proposal for hearing and granted joint proponents’ motion to

substitute membership certifications in lieu of 200 signatures.

On February 17,

 1995 the hearing officer issued an order

 establishing the hearing schedule.

Hearings were held before hearing officer Audrey Lozuk—

Lawless in DeKaib on April

 3, 1995 and in Springfield on April

10,

 19952.

 Testimony was presented by the joint proponents,

the

Illinois Environmental Protection Agency

 (Agency), and the

Illinois Department of Agriculture

 (Department).

 The joint

proponents presented Nancy Erickson, Jack Fisher, Allan Ayes,

and

Randy Sims on behalf of the Illinois Farm Bureau; Roger Brown on

behalf of the Illinois Pork Producers Association; Kenneth McPeek

and Jim Fraley on behalf of the Illinois Milk Producers

Association; Jamie Willrett and Scott Torrance on behalf of the

Illinois Beef Association; and Joe Pickrell on behalf of the

Illinois Wool and Lamb Producers.

 Dave Bateman presented

testimony on own behalf as a livestock producer.

 A.G. Taylor

presented testimony on behalf of the Agency and Dr. David Browell

testified on behalf of the Department.

 All witnesses spoke in

support of the proposal.

No post—hearing public comments have been filed.

OVERVIEW

The Illinois General Assembly has long recognized that

proper disposal of dead animals is matter of public

 interest.

Pursuant thereto, the General Assembly has enacted, and amended

as warranted,

 the Illinois Dead Animal Disposal Act3.

The

Illinois Dead Animal Disposal Act is administered by the

Department.

The disposal of dead animals is further governed by

regulations adopted by the Department under authorities granted

2

Transcripts of the two hearings are cited herein

respectively as “Tr.l” and “Tr.2”.

~ The Illinois Dead Animal Disposal Act was originally

adopted in 1941.

 It was most recently amended effective January

1,

 1994.

—3—

to it in the Illinois Dead Animal Disposal Act.

 These

regulations are found at

8

 Ill. Adm. Code 90.

At particular issue in the instant matter are the

Department’s regulations found at

 8 Ill. Adm. Code 90. 110 (b2,

which deal with on—farm disposal of dead animals via burial

The Board also has various regulations governing disposal

via burial.

 These occur in the Board’s solid waste management

regulations,

 including 35 Ill. Adm. Code 810 et

 seq.,

 that

principally govern landfills and landfilling.

The purpose of today’s proposed amendments

 is to clarify the

relationship between the Department’s on—farm dead animal

disposal regulations and the Board’s landfill regulations.

In

particular, the purpose is to clarify that on—farm sites where

burial disposal is conducted in accordance with the Dead Animal

Disposal Act and regulations promulgated thereto are not

landfills subject also to the Board’s landfill regulations5.

The substance of the proposal consists of the addition of

one definition, and the modification of two others, at 35 Ill.

Adm. Code 810.103.

 Section 810.103 contains definitions

generally applicable within the Board’s solid waste disposal

regulations.

 The added definition is for a “dead animal disposal

site”, which is proposed to be defined by:

“Dead animal disposal site” means an on—the—farm

disposal site at which the burial of dead animals is

done in accordance with the Illinois Dead Animal

Disposal Act,

 225 ILCS 610 as amended by P.A. 88—133,

effective January

1,

 1994,

 and regulations adopted

pursuant thereto,

 8 Ill.

 Adm. Code 90.

The modified definitions are “landfill” and “municipal solid

waste landfill unit”.

 Dead animal disposal sites would be

excluded from each of these definitions, and thereby from

regulation as either a landfill or municipal solid waste landfill

unit.

~ Section 90.110 also addresses on—farm disposal via

incineration and coinposting.

 Section 90.110 was most recently

amended effective September 16,

 1994.

~ The Board observes that on—farm disposal of dead animals

that is not conducted in accordance with the Dead Animal Disposal

Act would be an action subject to enforcement under the Dead

Animal Disposal Act and the Department regulations.

 Moreover,

such disposal would not be exempt (pursuant to today’s

amendments)

 from regulation under the Board’s solid waste

disposal regulations,

 and enforcement could also follow from that

cause.

—4—

JUSTIFICATION FOR PROPOSED AMENDMENTS

History

Need for the instant action was originally raised among the

joint proponents when it was observed that the Board’s solid

waste disposal regulations allowed for a reading that on—farm

disposal of dead animals via burial might cause the Board’s

landfill regulations to come into play.

 (Tr.1 at 17.)

 This

raised further concerns among the joint proponents that their

constituent membership might face prohibitive expense in

complying with the landfill regulations, or alternatively face

prosecution.

 (Tr.1 at 17—18.)

A particular provision of the Board’s solid waste

regulations of concern to joint petitioners

 is the definition of

“putrescible waste”6 at 35 Ill. Adm. Code 810.103, which contains

the statement:

Putrescible waste includes, but is not limited to,

garbage,

 offal, dead animals, general household waste,

and commercial waste.

 (emphasis added)

Joint petitioners contend that in 1990 when the Board’s

current solid waste disposal regulations

 (including the

definition of putrescible waste) were being formulated, the

livestock community was advised that the regulations were

intended to address only dead animals going into municipal

 landfills.

 (Tr.1 at 17.)

 The joint proponents nevertheless

believed that greater clarification was needed.

 (Tr..

 at 18.)

The initial regulatory action undertaken by the joint

proponents was to seek amendment of the Department’s animal

disposal regulations at 8 Ill. Adm. Code 90.

 (Tr.1 at 19)

 This

included putting into place the current on—farm burial

regulations at 90.110(b).

 Provisions at 90.110(b) include:

restriction of burial to premises owned or operated by the owner

of the dead animal; requiring burial sites to have a minimum of

200 or 400 foot setbacks from streams, wells, and other water

sources; requiring a minimum setback from residences;

 imposition

of measures to minimize disease and nuisance vectors and soil

erosion; imposition of final cover and slope requirements;

authorization of site inspection by the Department; and

limitations on the number of animals that can be buried per site

and area over time.

The joint proponents, the Department, and the Agency all

agree that the provisions at 90.110(b) offer sufficient

environmental protection for on—farm disposal such that any

6

Putrescible waste is one of the main categories of waste

governed by the Board’s landfill regulations.

—5—

additional requirements that would flow having the Board’s solid

waste disposal regulations

 (e.g.,

 landfill permits,

 liners,

leachate collection systems, groundwater monitoring)

 are not only

burdensome, but unnecessary.

 (Tr.1 at 26.)

Disposal Options

Death of animals is an unwelcome but integral element of any

livestock operation.

 (Tr.1 at 31,

 53; Tr.2 at 25-26.)

 Annual

on-farm losses of livestock are typically 1

 to 4,

 depending

upon the type of animal and operation.

 (Tr.1 at 27,

 37.)

There are a number of potential options available for the

disposal of dead animals.

 These include rendering,

 incineration,

composting, off-site burial disposal, and on-site burial

disposal.

Rendering was once a principal method of disposal of dead

animals.

 It was accomplished by commercial renders who provided

at-farm pickup services.

 However, due to a lack of demand for

animal by—products,

 few renderers remain in business

 (Tr.

 I at

28,

33,

 62), and even these provide a service limited to only

certain types of animals and pickup opportunities

 (Tr.1 at 28,

41, 48;

 Tr.2 at 17.)

 At present there is no renderer operating

out of the entire northern half of the State.

 (Tr.1 at 89.)

Accordingly, disposal via rendering is of limited prospect for

many livestock producers.

Disposal via incineration in a permitted incinerator is

allowed by regulation,

 but is generally not economical.

 (Tr.1 at

62.)

 Capitalization alone for an approvable incinerator ranges

from $12,000 to $20,000.

(Pr

 1 at 29,

 32.)

 In addition, there

are substantial operation costs and the need to obtain and

maintain operating permits.

 (Tr.1 at 32—33; Tr.2 at 30.)

Composting regulations are currently under development.

At

this juncture, however,

 it would not appear that composting will

be a viable disposal mechanism for other than quite small animals

(e.g., chickens, newborn pigs)

 and fish.

 (Tr.1 at 49,

 63.)

Off-site burial disposal of dead agricultural animals may be

undertaken only at permitted landfills, pursuant to the Board’s

solid waste disposal regulations.

 While disposal at landfills is

the acceptable disposal method for some livestock producers,

it

is not workable for many others due to the high cost of

transportation and tipping, as well as the refusal of many

landfills to even accept dead animals.

 (Tr.l at 28,

so;

 Tr.2 at

18,

 25.)

By elimination, the only economical and practical method of

disposal available to many producers is on—farm burial.

Moreover, on—farm burial disposal has the advantage of allowing

—6—

for timely disposal, which

 is an important factor in disease

control.

 (Tr.l at 31,

 34; Tr.2 at 24.)

CONCLUSION

The Board believes,

 as the joint proponents, Department, and

Agency all contend, that on—farm burial conducted in accordance

with the Dead Animal Disposal Act and the Department’s attendant

regulations is environmentally sound.

The Board further observes that it was never our intention

to have properly conducted, on—farm disposal of dead animals come

under the jurisdiction of our landfill regulations.

 We agree

with the joint proponents that the panoply of requirements

demanded for the proper construction and operation of a solid

waste landfill are unnecessary and unwarranted for the type of

on—farm burial disposal of concern to the joint proponents.

Accordingly, we today find that the record before us

justifies adopting the joint proponents’ proposal for first

notice.

 The Board will again review the record in this matter

upon completion of the first notice period, and determine

thereupon whether the record continues to support moving this

matter towards adoption.

ORDER

The Board hereby proposes for first notice the following

amendments to 35 Ill. Adm. Code 810.

 The Clerk of the Board is

directed to file these proposed rules with the Secretary of

State.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

810

 SOLID WASTE DISPOSAL:

GENERAL

PROVISIONS

Section

810.101

 Scope and Applicability

810.102

 Severability

810.103

 Definitions

810.104

 Incorporations by Reference

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22 and 22.17,

and

authorized by Section 27 of the Environmental Protection Act

(Ill. Rev.

 Stat.

 1991,

ch.

 111½, pars.

 1005,

 1021,

 1021.1,

 1022,

1022.17 and 1027)

 (415 ILCS 5/5,

21,

 21.1,

22,

 22.17,

 28.1 and

27).

—7—

SOURCE:

 Adopted in R88—7 at 14

 Ill.

 Reg.

 15838, effective

September 18,

 1990; amended in R93-10 at

 18 Ill. Reg.

 1268,

effective January 13,

 1994; amended in R90—26 at 18 Ill.

 Reg.

12457, effective August

1,

 1994; amended in R95-9 at 19 Ill. Reg.

___________,

 effective _______________________

NOTE:

 Capitalization indicates statutory language.

Section 810.103

 Definitions

Except as stated in this Section, or unless a different meaning

of a word or term is clear from the context, the definition of

words or terms in this Part shall be the same as that applied to

the same words or terms

 in the Environmental Protection Act

 (Act)

(Ill. Rev.

 Stat.

 1991,

ch.

 111½, pars.

 1001 et. seq.)

 (415 ILCS

5/13:

“Act” means the Environmental Protection Act,

 Ill. Rev.

Stat.

 1991,

ch.

 111½,

 pars.

 1001 et. seq (415 ILCS 5.

“AGENCY” IS THE ENVIRONMENTAL PROTECTION AGENCY

ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.

(Section 3.08 of the Act.)

“Admixtures” are chemicals added to earth materials to

improve for a specific application the physical or

chemical properties of the earth materials.

 Admixtures

include, but are not limited to:

 lime,

 cement,

bentonite and sodium silicate.

“Applicant” means the person, submitting an application

to the Agency for a permit for a solid waste disposal

facility.

“AQUIFER”

MEANS SATURATED

(WITH GROUNDWATER)

 SOILS AND

GEOLOGIC MATERIALS

WHICH ARE SUFFICIENTLY PERMEABLE TO

READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER

TO WELLS,

 SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC

GRADIENTS

and whose boundaries can be identified and

mapped from hydrogeologic data.

 (Section

 3 of the

Illinois Groundwater Protection Act

 (Ill.

 Rev.

 Stat.

1989,

ch.

 ill 1/2, par. 7453).)

“Bedrock” means the solid rock formation immediately

underlying any loose superficial material such as soil,

alluvium or glacial drift.

“Beneficially usable waste” means any solid waste from

the steel and foundry industries that will not

decompose biologically, burn,

 serve as food for

vectors,

 form a gas, cause an odor, or form a leachate

that contains constituents that exceed the limits for

—8—

this type of waste as specified at 35 Ill. Adm. Code

817.106.

“BOARD” IS THE POLLUTION CONTROL BOARD ESTABLISHED BY

THE ACT.

 (Section 3.04 of the Act.)

“Borrow area” means an area from which earthen material

is excavated for the purpose of constructing daily

cover,

 final cover,

 a liner,

 a gas venting system,

roadways or berms.

“Chemical waste” means a non—putrescible solid whose

characteristics are such that any contaminated leachate

is expected to be formed through chemical or physical

processes,

 rather than biological processes, and no gas

is expected to be formed as a result.

“Contaminated leachate” means any leachate whose

constituent violate the standards of 35 Ill. Adm. Code

811.202.

“Dead animal disposal site” means an on—the—farm

disposal site at which the burial of dead animals is

done in accordance with the Illinois Dead Animal

Disposal Act.

 225 ILCS 610 as amended by P.A.

 88-133.

effective January

 1. 1994.

 and regulations adopted

pursuant thereto.

8

 Ill.

 Adm. Code 90.

“Design Period” means that length of time determined by

the sum of the operating life of the solid waste

landfill facility plus the postc.osure

 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

WATER

INTO

ANY

WELL

SUCH

THAT

SOLID

 WASTE OR

ANY

CONSTITUENT

THE

 SOLID

WASTE

MAY

ENTER

THE

ENVIRONMENT

BEING

EMITTED

INTO

THE

AIR

 DISCHARGED INTO

ANY

WATERS, INCLUDING

GROUNDWATER.

 (Section 3.08

the

Act.)

 the solid

waste is accumulated and not confined or contained to

prevent its entry into the environment, or there is no

certain plan for its disposal elsewhere, such

accumulation shall constitute disposal.

“Disturbed areas” means those areas within

 a facility

that have been physically altered during waste disposal

operations or during the construction of any part of

the facility.

“Documentation” means items,

 in any tangible form,

whether directly legible or legible with the aid of any

machine or device, including but not limited to

—9—

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

—10—

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

THE

PORE

 SPACE

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

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.

—11—

“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.

 Far the purposes of this Part and 35

Ill. Adm. Code 811 through 815, a land application unit

is not a landfill; however, other Parts of 35

Ill.

 Adm.

Code:

 Chapter I may apply, and may include the

permitting requirements of 35 Ill. Adm. Code 309.

“Landfill” means a unit or part of a facility in or on

which waste is placed and accumulated over time for

 disposal, and which is not a land application unit,

a

surface impoundment,

 a dead animal disposal site or an

underground injection well.

 For the purposes of this

Part and 35 Ill.

 Adm. Code 811 through 815, landfills

include waste piles, as defined in this Section.

“LATERAL EXPANSION” MEANS A HORIZONTAL EXPANSION OF THE

ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT

OCCURRING ON OR AFTER OCTOBER 9,

 1993.

 FOR PURPOSES OF

THIS SECTION, A HORIZONTAL EXPANSION IS

ANY

AREA WHERE

SOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON

THE BOTTOM LINER OF THE UNIT,

 EXCLUDING SIDE SLOPES ON

OR AFTER OCTOBER 9,

 1993.

 (Section 3.88 Of the Act)

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

contact with a solid waste.

“Lift” means an accumulation of waste which is

compacted into a unit and over which cover is placed.

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

and foundry industries that will not decompose

biologically,

 burn,

 serve as food for vectors, form a

gas, cause an odor,

 or form a leachate that contains

constituents that exceed the limits for this type of

waste as specified at 35 Ill. Adm. Code 817.106.

“Nalodor” means an odor caused by ONE OR MORE

CONTAMINANT EMISSIONS INTO THE ATMOSPHERE FROM A

FACILITY THAT IS IN SUFFICIENT QUANTITIES AND OF SUCH

CHARACTERISTICS

AND

DURATION AS TO BE described as

malodorous and which may be INJURIOUS TO HUMAN, PLANT,

OR

ANIMAL

LIFE,

 TO HEALTH, OR TO PROPERTY, OR TO

UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR

PROPERTY.

 (Section 3.02 of the Act (defining “air

pollution”).)

“MUNICIPAL SOLID WASTE LANDFILL

UNIT”

OR “MSWLF UNIT”

MEANS A CONTIGUOUS AREA OF

LAND

OR AN EXCAVATION THAT

RECEIVES HOUSEHOLD WASTE,

AND

THAT IS NOT A

LAND

APPLICATION, SURFACE IMPOUNDMENT, a dead animal

disposal site. INJECTION WELL, OR

ANY

PILE OF

—12—

NONCONTAINERIZED ACCUMULATIONS OF SOLID, NONFLOWING

WASTE THAT IS USED FOR TREATMENT OR

STORAGE.

MSWLF

UNIT MAY ALSO RECEIVE OTHER TYPES OF RCRA SUBTITLE D

WASTES, SUCH AS COMMERCIAL SOLID WASTE, NONHAZARDOUS

SLUDGE, SMALL QUANTITY GENERATOR WASTE

AND

INDUSTRIAL

SOLID WASTE.

 SUCH A LANDFILL

MAY

BE PUBLICLY OR

PRIVATELY OWNED OR OPERATED.

 A MSWLF UNIT

MAY

BE A NEW

MSWLF UNIT, AN EXISTING MSWLF UNIT OR A LATERAL

EXPANSION.

 A SANITARY LANDFILL IS SUBJECT TO

REGULATION AS A MSWLF IF IT RECEIVES HOUSEHOLD WASTE.

(Section 3.85 of the Act)

“National Pollutant Discharge Elimination System” or

“NPDES” means the program for issuing, modifying,

revoking and reissuing,

 terminating, monitoring and

enforcing permits and imposing and enforcing

pretreatment requirements under the Clean Water Act

(33

U.S.C.

 1251 et seq.), Section 12(f)

 of the

Environmental Protection Act and 35 Ill.

 Adm. Code

309.Subpart A and 310.

 “NPDES permit” means a permit

issued under the NPDES program.

“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)

the

Act

that has no development or operating permit issued

by the Agency pursuant to 35 Ill. Adm. Code 807 as

of September 18, 1990; or

It is a landfill with a unit whose maximum design

capacity or lateral extent is increased after

September 18,

 1990.

BOARD NOTE:

 A new unit located in an existing facility

shall be considered a unit subject to

 35 Ill.

 Adiu. Code

814, which references applicable requirements of 35

Ill. Adm. Code 811.

“NEW MSWLF UNIT”

MEANS ANY

MUNICIPAL

SOLID

WASTE

LANDFILL UNIT THAT

HAS

RECEIVED HOUSEHOLD WASTE ON OR

AFTER OCTOBER 9,

 1993 FOR THE FIRST TIME.

 (Section

3.86 of the Act)

—13—

“One hundred

 (100) year flood plain” means any land

area which is subject to a one percent or greater

chance of flooding in a given year from any source.

“One hundred

 (100) year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 100 years.

“Operator” means the person responsible for the

operation and maintenance of a solid waste disposal

facility.

“Owner” means a person who has an interest, directly or

indirectly, in land, including a leasehold interest, on

which a person operates and maintains a solid waste

disposal facility.

 The “owner” is the “operator” if

there is no other person who is operating and

maintaining a solid waste disposal facility.

“Perched watertable” means an elevated watertable above

a discontinuous saturated lens, resting on a low

permeability

(such

 as clay)

 layer within a high

permeability (such as sand)

 formation.

“Permit area” means the entire horizontal and vertical

region occupied by a permitted solid waste disposal

 facility.

“PERSON” IS ANY INDIVIDUAL, PARTNERSHIP, CO-

PARTNERSHIP,

 FIRM, COMPANY, CORPORATION, ASSOCIATION,

JOINT STOCK COMPANY,

 TRUST,

 ESTATE, POLITICAL

SUBDIVISION, STATE AGENCY, OR

ANY

OTHER LEGAL ENTITY,

OR THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.

(Section 3.26 of the Act.)

“Potentially usable waste” means any solid waste from

the steel and foundry industries that will not

decompose biologically,

 burn,

 serve as food for

vectors, form a gas, cause an odor,

 or form a leachate

that contains constituents that exceed the limits for

this type of waste as specified at 35 Ill. Adm. Code

817.106.

“Professional engineer” means a person who has

registered

and

obtained

seal

pursuant

“The

Illinois

Professional

Engineering

Act”

 (Ill.

 Rev. Stat

1989,

ch.

111,

par.

5101

seq.).

“Professional

land

surveyor”

means

person

who

has

received

certificate

registration

and

 seal

pursuant

“The

Land

Surveyors

Act”

 (Ill. Rev.

 Stat.

1989,

ch.

111,

par.

3201

seq.).

—14—

“putrescible waste” means a solid waste that contains

organic matter capable of being decomposed by

microorganisms so as to cause a malodor,

 gases, or

other offensive conditions, or which is capable of

providing food for birds and vectors.

 Putrescible

wastes may form a contaminated leachate from

microbiological degradation, chemical processes, and

physical processes.

 Putrescible waste includes, but is

not limited to, garbage,

 offal, dead animals, general

household waste, and commercial waste.

 All solid

wastes which do not meet the definitions of inert or

chemical wastes shall be considered putrescible wastes.

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

treatment works that is owned by the State of Illinois

or a unit of local government.

 This definition

includes any devices and systems used in the storage,

treatment,

 recycling and reclamation of municipal

sewage or industrial wastewater.

 It also includes

sewers, pipes and other conveyances only if they convey

wastewater to a POTW treatment plant.

 The term also

means the unit of local government which has

jurisdiction over the indirect discharges to and the

discharges from such a treatment works.

“RESOURCE CONSERVATION RECOVERY ACT” “RCRA”

MEANS

THE

RESOURCE CONSERVATION

AND

RECOVERY ACT OF 1976

 (P.L.

94—580 Codified as 42 USC.

SS

6901 et seq.) AS AMENDED.

(Section 3.90 of the Act)

“Recharge zone” means an 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

at the site; and either is the owner or operator or is

employed by or under contract with the owner or

operator to assure that the day—to—day operations at

the site are carried out in compliance with any Part of

35 Ill. Adm.

 Code:

 Chapter I governing operations at

waste disposal sites.

“Runoff” means water resulting from precipitation that

flows overland before it enters a defined stream chan-

nel, any portion of such overland flow that infiltrates

into the ground before it reaches the stream channel,

and any precipitation that falls directly into a stream

channel.

“Salvaging” means the return of waste materials to use,

under the supervision of the landfill operator, so long

as the activity is confined to an area remote from the

—15—

operating face of the landfill,

 it does not interfere

with or otherwise delay the operations of the landfill,

and it results in the removal of all materials for

 salvaging from the landfill site daily or separates

them by type and stores them in a manner that does not

create a nuisance, harbor vectors or cause an unsightly

appearance.

“Scavenging” means the removal of materials from a

solid waste management facility or unit which is not

salvaging

“Seismic Slope Safety Factor” means the ratio between

the resisting forces or moments in

 a slope and the

driving forces or moments that may cause a massive

slope failure during an earthquake or other seismic

event such as an explosion.

“Settlement” means subsidence caused by waste loading,

changes in groundwater level, chemical changes within

the soil and adjacent operations involving excavation.

“Shredding” means the mechanical reduction in particle

sizes of solid waste.

 Putrescible waste is considered

shredded if 90 percent of the waste by dry weight

passes a

 3 inch sieve.

“Significant Modification” means a modification to an

approved permit issued by the Agency in accordance with

Section 39 of the Act and 35 Ill.

 Adin. Code 813 that is

required when one or more of the following changes,

considered significant when that change measured by one

or more parameters whose values lie outside the

expected operating range of values as specified in the

permit, are planned,

 occur or will occur:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

Any change

 in the placement of daily, intermediate

or final cover;

A decrease in performance, efficiency or longevity

the

liner

system;

decrease

efficiency

 or performance of the

leachate

collection

 system;

A

change

configuration,

performance,

efficiency of the leachate management system;

—16—

change

the

final

disposition

 treated

effluent

the

quality

 of the discharge from

the

leachate

treatment

pretreatment

system;

Installation

gas

management

 system, or a

decrease

the

efficiency

 performance of an

existing

gas

 management system;

change

the

performance

operation

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;

A change in the amount or type of postclosure

financial assurance;

Any change in the permit boundary;

A change in the postclosure land use of the

property;

A remedial action necessary to protect

groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place

into service a structure constructed pursuant to a

construction quality assurance program; or

A change in any requirement set forth as a special

condition in the permit.

“Slag” means the fused agglomerate which separates in

the iron and steel production and floats on the surface

of the molten metal.

“Sole source aquifer” means those aquifers designated

pursuant to Section 1424(e) of the Safe Drinking Water

Act of 1974,

 (42 U.S.C 300h—3).

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

Section as an inert waste, as a putrescible waste, as a

chemical waste or as a special waste, and which is not

—17—

also defined as

 a hazardous waste pursuant to 35 Ill.

Adm. Code 721.

“SPECIAL WASTE”

MEANS ANY

INDUSTRIAL PROCESS WASTE,

POLLUTION

CONTROL

WASTE

HAZARDOUS

WASTE,

EXCEPT

DETERMINED

PURSUANT

SECTION

229

THE

ACT

and

Ill.

 Adm. Code 808.

 (Section 3.45

the

Act.)

“Static Safety Factor” means the ratio between

resisting forces or moments in a slope and the driving

forces or moments that may cause a massive slope

failure.

“Steel slag” means

 slag.

“Surface impoundment” means a natural topographic

depression,

 a man—made excavation,

 or a diked area into

which flowing wastes, such as liquid wastes or wastes

containing free liquids, are placed.

 For the purposes

of this Part and 35 Ill.

 Adm. Code 811 through 815,

a

surface impoundment is not a landfill.

 Other Parts of

35 111.

 Admu. Code:

 Chapter I may apply,

 including the

permitting requirements of 35

 Iii.

 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

wastes,

where

 no liner is present, which is an

aquifer, and includes any lower aquifer that is

 hydraulically connected with this aquifer within the

facility’s permit area.

“Unit” means a contiguous area used for solid waste

disposal.

“Unit of local government” means a unit of local

government, as defined by Article 7,

 Section 1 of the

Illinois Constitution.

 A unit of local government may

include, but is not limited to, a municipality,

a

county,

 or a sanitary district.

“Waste pile” means an area on which non—containerized

masses of solid, non flowing wastes are placed for

disposal.

 For the purposes of this Part and 35 Ill.

Adm. Code 811 through 815, a waste pile is a landfill,

unless the operator can demonstrate that the wastes are

not accumulated over time for disposal.

 At a minimum,

such demonstration shall include photographs, records

or other observable or discernable

 information,

maintained on a yearly basis, that show that within the

—18—

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 Ill.

 Reg.

__________,

 effective

IT IS SO ORDERED.

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board, hereby certj~ythat the ab ye opinion and order was

adopted on the

/~-~

day of

________________,

 1995, by a vote

of

______

Dorothy M//Gunn, Ôlerk

Illinois ~9’ol1utionControl Board