ILLINOIS POLLUTION CONTROL BOARD

November 3,

1994

IN THE HATTER OF:

)

R93—29

REGULATION OF LANDSCAPE

)

(Rulemaking)

WASTE COMPOST FACILITIES

)

35

ILL.

ADM.

CODE 830-832

)

Proposed Rule.

Final Order.

OPINION

AND

ORDER OF THE BOARD

(by N. McFawn):

On November 30,

1993,

the Illinois Environmental Protection

Agency (Agency)

filed with the Board a proposal for regulating

landscape waste compost facilities in Illinois.

The Agency filed

its proposal in response to Section 22.33 of the Environmental

Protection Act

(Act)

(415 ILCS 5/1 et

seq.),

which directed the

Agency to develop and recommend to the Board by January 1,

1994

regulations establishing performance standards for landscape

waste compost facilities,

and testing procedures and standards

for end-product compost produced by such facilities.

Section

22.33 of the Act requires the Board to adopt performance

standards for landscape waste compost facilities by December 1,

1994.

Today the Board adopts such regulations,

as modified

through the public hearing process, as final rules.’

DEVELOPMENT OF THE REGULATORY PROPOSAL

In order to assist the Agency in developing its proposal,

Section 22.33

of the Act directed the Agency to appoint, in

conjunction with the Department of Energy and Natural Resources

(DENR),

a compost advisory committee composed of a balanced

representation of interest groups.

In response, the Agency and

DENR appointed the Compost Quality Standards Technical Advisory

Committee (CQSTAC), which consisted of representatives of

academia, environmental groups, the composting industry, the

landscaping industry, municipalities,

counties, and the

Department of Agriculture.

The CQSTAC met seven times between

July 12,

1993 and November 23,

1993 to advise and assist the

Agency in developing its proposal.

The regulatory proposal submitted by the Agency contained

three parts:

Parts 830 through 832.

Part 830 of the proposal,

which contained operating standards for compost facilities and

quality standards for end-product compost, reflected the input

1

The Board gratefully acknowledges the high quality

assistance of the hearing officer, Kevin Desharnais,

and the

valuable technical assistance of Hiten Son! and Anand Rao, all of

which contributed greatly to the successful development of these

rules.

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2

received by the Agency from the CQSTAC.

Parts 831 and 832 of the

regulations were proposed to the Board as an independent Agency

effort to codify permitting procedures and requirements that are

already largely in practice pursuant to the Agency’s authority

under Section 39(m).

Part 831 sets forth the information

required to be included in a permit application, while Part 832

sets forth procedural requirements for the issuance of permits.

PROCEDURAL HISTORY

The Board held hearings on April

15,

1994 in Chicago, and

April 22,

1994 in Springfield, to discuss the merit and economic

impact of the proposed rules.

The April 15,

1994 hearing was

reserved for the Agency’s presentation of its proposal and

response to questions.

The April 22,

1994 hearing began with the

Agency’s response to additional questions, and continued with the

testimony and response to questions of other interested parties.

Additional testimony was presented by Joanna Hoelscher of

Citizens for a Better Environment, Kevin Rogers of

ENI

Environmental Management, and Kristina Karr, the Resource

Recovery Manager for the City of Naperville.

The Board issued

its first notice opinion and order on June 30,

1994,

and the

proposed regulations were published in the

Illinois Register

as

follows: Part 831 appeared at

18 Ill. Reg. 11025, Part 832

appeared at 18 Ill. Reg.

11033, and Part 830 appeared at 18 Ill.

Reg.

11040.

In response to the request of certain participants, and in

order to allow the Agency to respond to questions posed by the

Board in the first notice opinion, the Board held a third hearing

during the first notice period on August 3,

1994.

In addition to

the Agency’s response to Board questions,

additional testimony

was presented by Mr. Mark Heffernan of Convergent Biomass

Technologies, Ms. Lisa Disbrow of Waste Management, Mr. Jerome

Joyce,

and Mr. David Albers.

The Board sent the proposed rules

to second notice on September 15, 1994, and the Joint Committee

on Administrative Rules issued a notice of no objection on

October 12,

1994.

During the rulemaking process, fourteen public comments were

submitted to the Board.

Comments were received from members of

the CQSTAC, government agencies, the regulated community,

and

hearing participants.

The Board has considered all testimony and

exhibits,

as well as these public comments,

in reaching its

decisions in this rulemaking.

REGULATORY

FRAMEWORK

These

regulations establish location and operation standards

for

landscape

waste

compost

facilities,

quality

standards

and

testing procedures for all end—product compost offered by

facilities for sale or use in Illinois, and permitting procedures

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3

for certain landscape waste compost facilities.

There are two

types of facilities subject to these regulations: permitted

facilities and permit-exempt facilities.

As proposed, the

regulations applicable to these facilities are divided into three

parts: Part 830, which contains the location and operation

standards for compost facilities,

and the quality standards for

end-product compost; Part 831, which sets forth the information

which must be included in a permit application; and Part 832,

which sets forth the procedural requirements for the permitting

of compost facilities.

Obviously, Parts 831 and 832 apply only

to permitted facilities.

Part 830 of the regulations establishes several classes of

facilities which are subject to different levels of regulation.

Section 830.201 details the requirements applicable to each class

of permit-exempt facility and to permitted facilities.

However,

before examining each, one exemption from

these regulations as a

whole must be recognized.

The discussion pertaining to this

exemption precedes the detailed discussion about each class and

its respective requirements.

Gardeners’ Exemption

An exemption, most readily referred to as the “gardeners’

exemption,”

is set forth within the definition of “landscape

waste compost facility” found at Section 830.102.

For purposes

of these regulations, landscape waste operations which have no

more than 25 cubic yards of material on—site at one time,

and

which do not engage in commercial activity are

not

landscape

waste compost facilities.

Excluded from the definition of

landscape waste facility, this type of facility is exempted

entirely from these regulations.

That exemption is spelled out

at Section 830.201(a).

Because of this exemption, very small

composting operations such as those conducted in residential

backyards, community gardens, or urban landscaping projects, are

not subject to this regulatory scheme.

Permit—Exempt Facilities

There are three classes of regulated facilities which are

exempt from the permitting requirements.

Each class is permit—

exempt by statute.

The permit—exempt classes are:

1) on—site

facilities which do not offer compost for off—site sale or use,

exempted pursuant to Section 21(q) (1)

of the Act;

2) commercial

on-site facilities, also exempted pursuant to Section 21(q) (1) of

the Act; and 3) on—farm facilities,

exempted pursuant to Section

21(q)

(3) of the Act.

The following is a summary of the location,

operation,

and end-product quality standards applicable to each

class of permit—exempt facility.

On-Site Facilities which do

not

offer compost for off-site

sale or use.

The first class of permit-exempt facility created

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4

under the regulations is made up of on-site facilities which

compost landscape waste generated on—site, and which do not offer

end—product compost for off—site sale or use.

Pursuant to

Section 21(q) (1)

of the Act, these facilities are exempted from

any permitting requirements.

Pursuant to Section 22.33 of the

Act, these facilities are also exempted from any performance

standards or end—product quality standards.

However, these

facilities are subject to the location standards set forth in

Section 830.203.

On-Site Commercial Facilities.

The second class of permit—

exempt facility is on—site commercial facilities.

These are on—

site facilities which offer their end-product compost for off-

site sale or use.

Pursuant to Section 21(q) (1)

of the Act, these

facilities are also exempt from permitting requirements.

However,

these facilities must comply with the performance

standards in Section 830.202 and the location standards in

830.203.

Additionally, the end-product compost generated at

these sites must comply with the standards set forth in Subpart

E.

On-Farm Landscape Waste Compost Facilities.

The third class

of permit—exempt facility is on-farm landscape waste compost

facilities.

Pursuant to Section 21(q) (3)

of the Act, on—farm

facilities which meet certain detailed location, operation, and

recordkeeping requirements are exempt from permitting

requirements.

The statutory location and operation requirements

for such facilities are incorporated into the regulations at

Section 830.106, and the recordkeeping requirements are

incorporated into the regulations at Section 830.202(h) (3).

In

addition, operators of on—farm landscape waste compost facilities

must comply with the general performance standards contained in

Section 830.202.

Permitted Facilities

Permitted facilities consist of all facilities which are not

on—site facilities or on—farm landscape waste compost facilities.

These facilities must comply with all the requirements in

Sections 830.202 through 830.213, and their end—product must meet

the standards found in Subpart

E.

Additionally, these facilities

must comply with the financial assurance requirements of Subpart

F, and must submit a permit application which complies with the

requirements outlined in Part 831.

Application of Location and Minimum Performance Standards

Throughout this proceeding, the most difficult issue was how

to best regulate all landscape waste compost facilities given the

statutory constraints pertaining to permitting and the

applicability of performance standards.

The Agency originally

proposed that location standards be applicable only to on-site

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5

commercial facilities and permitted facilities,

and that only

minimum performance standards be applicable to on—site commercial

facilities.

The Board found this scheme wanting since the

environmental threat posed by landscape waste compost facilities

is not dependent upon their permit status.

To compensate, the

Board originally sought to base applicability upon the size of a

facility.

The dilemma was then to ascertain the appropriate

facility size to trigger applicability.

In response to queries

by the Board seeking an answer to that question, the Agency

submitted an inventory of facilities in Illinois and testimony

during first notice.

Based upon that information, the Board

determined that a size limitation was not the best approach for

two reasons.

First, the inventory was not accurate enough to

identify what size of a facility would pose environmental

consequences.

Second, the Agency testimony indicated that the

operation of a facility is the more critical element as to

environmental consequences.

Accordingly, the Board forewent the

size approach to applicability and instead made the location

standards and the minimum operational standards applicable to the

maximum extent possible under the Act.

All landscape waste

compost facilities, but for the gardeners’ exemption, are

therefore subject to the location standards set forth at Section

830.203, and on-site commercial and permitted facilities are

subject to enhanced minimum performance standards set forth at

Section 830.202.

Since operation of the facility is a most critical element

in protecting the environment, we examined the additional

performance and operating standards proposed by the Agency for

permitted facilities to determine which would be desirable for

application to those landscape waste compost facilities which can

be so regulated.

While adoption of many of the operating

standards found in Section 830.205 was attractive as a means of

better regulating these facilities, the Board was persuaded by

the Agency that absent a permit, implementation and enforcement

on an individual basis would be difficult.

However, the Agency

had often cited the requirements contained therein as solutions

to the problems raised at hearing regarding nuisance odor

complaints and resolution of the same.

Therefore, we grafted the

odor control regulations for permitted facilities from Section

830.205 to Section 830.202 in large part.

Now the minimum

performance and operating standards require that all landscape

waste compost facilities,

but for the on—site facilities which

are statutorily exempt from performance standards,

i.e.,

on—site

facilities, develop and adhere to facility—specific nuisance odor

control plans.

The Board also developed and adopted a public

notice and self-reporting scheme concerning odor complaints at

Section 830.202 to insure that the Agency is promptly and

routinely advised when a facility’s operation is giving rise to

odor complaints.

Given this information, the Agency or its

delegated authority can promptly investigate the complaints as

warranted based on the frequency and nature of the complaints.

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6

Finally,

for these reasons, we shortened the duration of permits

from the proposed ten years to five years.

This change will

allow the Agency and the public more frequent opportunity to

examine the on—going operations of a facility in a context other

than enforcement proceedings.

SECTION-BY-SECTION SUMMARY

Part 830: Operating Standards for Compost Facilities and

Standards for End-product Compost

Part 830 of the regulations establishes operating standard

for landscape waste compost facilities offering compost for sali

or use, and establishes testing procedures and quality standards

for all end—product compost offered by a facility for sale or use

in Illinois.

As discussed below, these regulations apply to all

composting facilities not specifically exempted.

The exemptions

are summarized at 35

Ill. Adm. Code 830.104.

Subpart A:

General Provisions

Subpart A contains eight sections.

The most general are

Section 830.101:

Purpose, Scope and Applicability; Section

830.103:

Incorporations by Reference; Section 830.107:

Compliance Timeframe; and Section 830.108:

Severability.

The sections more specific to this rulemaking are those

containing the definitions at Section 830.102 and the exemptions

to the rules and permit requirements.

These are found at

Sections 830.104, 830.105 and 830.106.

Gardeners’ Exemption and Daily Cover Exemption.

Section

830.102 sets forth the definitions of terms used in Parts 830

through 832.

Several definitions are taken directly from the

Act, while others were developed by the Agency in negotiations

with the CQSTAC.

Still others, e.g. “Garden Compost Operation”

and “On-Site Commercial Facility,” were developed during the

hearing process in order to clarify the regulations.

Section 830.104 restates two exemptions from various

requirements of the regulations.

The first was proposed by the

Agency in conjunction with the CQSTAC as a clarification of the

intended scope of the regulations, while the second was contained

in the Act.

The first exemption,

set forth at Section 830.104,

is based

on the definition of landscape waste compost facility contained

in Section 830.102, which excludes landscape waste composting

operations which have no more than 25 cubic yards of yard waste,

composting material,

or end—product compost on—site at one time,

and which do not engage in commercial activity, i.e, the

gardeners’ exemption.

The definition of landscape waste facility

thus excludes small, non—commercial landscape waste coinposting

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7

operations entirely from the requirements of these regulations.

For purposes of clarity and continuity, the gardeners’ exemption

is repeated at Section 830.104(a).

The second exemption,

contained in Section 830.104(b), sets

forth the statutory exemption from the testing requirements of

Subpart E for end—product compost used as a daily cover or

vegetative amendment in the final layer of a landfill.

Section

22.33 of the Act exempts end—product compost from landscape waste

facilities from these testing requirements.

Section 830.104(c)

clarifies that landfills must obtain Agency approval in order to

use end—product compost for this purpose.

Permit-Exemption.

Section 830.105 restates the three

statutory exemptions from the requirement to have a permit found

at Section 21(q) of the Act.

First,

at Section 830.105(a), on-

site landscape waste composting facilities which produce end—

product compost that will not be offered for off—site sale or use

are explicitly exempted from the permitting requirements of these

regulations.

The language therein is taken directly from Section

21(q)

(1)

of the Act.

Second, Section 830.105(b), restates that the application of

landscape waste or coiuposted landscape waste at agronomic rates

is also exempted from the requirement to have a permit.

This

exemption and the definition of agronomic rates are found at

Section 21(q)(2)

of the Act.

The definition of agronomic rates

is restated at Section 830.102 of these rules.

Finally, Section

830.105(c)

contains the permit-exemption for on-farm landscape

waste compost facilities which meet the criteria specified in

Section 830.106.

These criteria are statutorily prescribed in

detail at Section 21(q) (3)

of the Act.

On-Farm Landscape Waste Compost Facilities.

Section 830.106

sets forth the location and operating criteria applicable to on-

farm landscape waste compost facilities as adopted almost

verbatim front Section 21(q) (3) of the Act.

If the on-farm

composting operation satisfies all the criteria, the operation is

exempt from the permit requirement.

Of course, the owner or

operator could choose to operate otherwise.

If the operational

criteria are not met, the operation might then become subject to

permit requirements of the Act.

Furthermore, the location,

performance, and recordiceeping requirements of Sections 830.204

et

seq.

may also become applicable.

In order to qualify for this exemption, an on—farm landscape

waste coinposting operation must be operated by the owner on the

property on which the composting material is utilized.

The

property must be principally dedicated to production of

agricultural crops, and the composting facility must constitute

no more than two percent of the total acreage, unless otherwise

allowed by the Agency.

Finished compost may not be stored at the

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8

site for longer than 18 months.

The compost generated by an on—

farm facility must be applied at “agronomic rates,” which is

statutorily defined as “application of not more than 20 tons per

acre per year,

unless the Agency determines that the owner or

operator has demonstrated that a higher rate is required at a

particular site, based on soil characteristics or crop needs.”

(Section 21(q)

of the Act; restated at 35 Ill. Adm. Code

830.102.)

These regulations, which parallel the Act, also incorporate

several restrictions on the relationships between the operators

of on—farm facilities and waste haulers and generators.

An on—

farm facility may not be located on property owned, leased or

controlled by a waste hauler or generator of non—agricultural

compost materials, and the operator of such a facility may not be

an employee, partner, shareholder or be otherwise connected with

a waste hauler or generator.

These regulations, consistent with the Act, also establish

restrictions on the application of compost generated at an on—

farm facility, which are designed to protect groundwater and

potable water supply resources.

No composting material may be

placed closer than 200 feet from the nearest potable water supply

well.

All composting material must be placed outside the

boundary of the 10-year floodplain,

or on a part of the site that

has been floodproofed, and must be placed more than five feet

above the water table.

(Section 21(q) (3) (D) of the Act).

These regulations,

in accordance with the Act, also

incorporate several setback requirements for on—farm facilities

designed to protect surrounding residences from being subjected

to off—site impacts.

All compost must be placed at least 1/4

mile from the nearest residence (other than a residence located

on the same property as the facility), and there must not be more

than 10 occupied non-farm residences within 1/2 mile of the

boundaries of the site on the day the composting material is

applied.

Owners and operators of on—farm operations must register the

site with the Agency each year,

obtain an Illinois Inventory

Identification Number, and file a report certifying that the

facility is operated in accordance with the requirements for an

on-farm facility set forth in Section 21(q) of the Act, all of

which are restated in this section.

Finally, the on-farm

facility is also subject to Section 830.202, which contains the

minimum performance standards, and which is discussed in detail

below.

Compliance Terms.

Section 830.107 states that owners and

operators of existing facilities must comply with the performance

standards and recordkeeping requirements proposed in these

regulations by their effective date, November 10,

1994.

However,

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9

a transitional period of one year is established for compliance

with the testing, sampling, operating plan,

personnel training,

financial assurance, and recordkeeping requirements.

This

transitional period is intended to provide a reasonable time—

frame for existing facilities to make the adjustments necessary

to come into compliance with these requirements.

Pursuant to

Section 830.107(c),

all existing permitted facilities must remain

in compliance with their current permit conditions during the

transitional period, until either the permit expires, or the

permit is modified in a manner which authorizes construction,

increases the facility’s operating capacity, transfers ownership

of the facility, or extends the permit term.

Subpart B: Regulation of Landscape Waste Compost Facilities

Subpart B of Part 830 establishes the operational standards

applicable to landscape waste compost facilities2.

They consist

of location standards, minimum performance standards, and the

more detailed performance standards in Sections 830.204 through

830.213.

More importantly, Section 830.201 contains the “road

map” which helps the regulated facilities determine which

requirements apply to the various classes of facilities.

Section 830.201.

5co~eand Ap~licabi1ity. This section

serves as a guide for facility owners and operators as to which

regulations apply to different types of facilities.

Clearly

stated therein:

1)

garden compost operations are exempt from these

regulations;

2)

on-site facilities are subject to the location

standards in Section 830.203;

3)

on-site commercial facilities are subject to the

minimum performance standards in Section 830.202, the

location standards in 830.203, and the end—product

quality standards in Subpart E;

4)

on—farm landscape waste compost facilities which meet

the requirements in Section 830.106(a) are subject to

those and the other requirements set forth in Section

2

Following Subpart B, Sections 830.300 et

seq.

and

Sections 830.400

et seq.

have been left vacant to accommodate

operational standards for organic waste and mixed municipal waste

compost facilities, respectively, when such regulations are

proposed by the Agency.

The Agency has indicated that these

proposals will be referred to as Subparts C and D; therefore,

these subparts are omitted from the current regulatory scheme.

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10

830.106 and the minimum performance standards contained

in Section 830.202; and finally,

5)

permitted facilities are subject to the minimum

performance standards in Section 830.202, the location

standards in Section 830.203, the additional operating

standards and requirements in Sections 830.204 through

830.213, the end-product quality standards in Subpart

E, and the financial assurance requirements of Subpart

F.

Section 830.201(b)

specifies that on—site facilities are

only subject to the location standards in Section 830.203.

These

facilities are defined as facilities which only compost

landscape waste generated on—site and which do

not

offer end—

product compost for off—site sale or use.

Pursuant to Section

21(q)(1)

of the Act, these facilities are exempted from any

permitting requirements.

Furthermore, pursuant to Section 22.33

of the Act, they are exempted from any performance standards or

end-product quality standards.

However, by these regulations

they are subjected to the location standards in Section 830.203

to minimize any threat to groundwater they present.

Nothing in

the record distinguishes this class from the other two classes of

permit-exempt facilities or from permitted facilities to justify

their exemption from the location standards adopted herein, which

parallel the location standards set forth in the Act.

In contrast, Section 830.201(c) specifies that on-site

commercial facilities are subject to the minimum performance

standards in Section 830.202 and the end—product quality

standards in Subpart

E,

as well as the location standards in

Section 830.203.

While Section 21(q)(1)

of the Act exempts these

facilities from permitting requirements, they are not exempted

from performance standards by Section 22.33(c)

of the Act.

Because these facilities potentially pose the same threat to the

environment as permitted facilities, they are by regulation made

subject to the minimum performance standards in Section 830.202.

They are also subject to the end-product quality standards in

Subpart E because they offer their end-product for off-site sale

or use.

The location requirements applicable to on-farm facilities

contained in Section 830.106(a) (4)

parallel the location

requirements applicable to on—site facilities, on—site commercial

facilities, and permitted facilities contained in Section

830.203.

However, because the requirements for on—farm

facilities are set forth in detail in Section 21(q) (3)

of the

Act, they are set forth separately in the regulations.

Section 830.202.

Minimum Performance Standards and

Reporting Requirements.

This section establishes the minimum

operating standards and reporting requirements applicable to

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11

on—site commercial facilities,

on—farm landscape waste compost

facilities, and permitted facilities.

These generally applicable

requirements include operational requirements, design

requirements, recordkeeping requirements, and notification

requirements.

The operational requirements include:

1)

a prohibition on composting domestic sewage, sewage

sludge or septage;

2)

a prohibition on the use of bulking agents which are

otherwise wastes unless such use is authorized by the

Agency;

3)

specific measures to control odor and other sources of

nuisance;

4)

a requirement that all landscape waste be processed

within five days of receipt into windrows or piles,

with the exception of landscape waste being stored for

use as bulking agents;

5)

a requirement that all general use compost offered for

sale

or

use

meet

the

performance

standards

set

forth

in

Section

830.503;

and

6)

procedures

for

the

proper

closure

of

a

facility.

The recordkeeping and notification requirements include the

following:

1)

development of a plan for intended uses of end—product

and a contingency plan for end—product compost which

does not meet the general use compost standards;

2)

a written annual statement by permitted facilities

certifying the amount of material received and disposed

of, and certifying compliance with the Facility

Financial Assurance Plan; and

3)

an annual report by permit-exempt facilities with over

100 cubic yards of material on—site at any one time,

certifying the amount of material received, and the

amount of material disposed of or still on—site.

Facilities subject to Section 830.202 must take the

following steps to control odors, depending on the type of

facility:

1)

develop a plan for minimizing odors;

2)

commercial on—site facilities and permitted facilities

must post signs providing information concerning the

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12

facility, including where complaints can be made; and

3)

for any odor complaint received, the operator must

record and report to the Agency information concerning

the complaint, including a report of any response

action taken.

The requirements that facilities post signs stating where

complaints can be made,

report any odor complaints, and report

any response action taken were added in response to public

testimony by Mr. David Albers regarding the difficulty persons

neighboring compost facilities face in obtaining enforcement

against possible odor violations.

(See 2nd Hearing Tr. at 194-

200.)

Due to the difficulties involved in developing and

enforcing objective standards for permissible levels of odors,

these management standards have been developed to increase

accountability and aid the control of odor nuisances.

Additionally, the requirement that facilities develop odor

control plans, which was originally applicable only to permitted

facilities,

is now applicable to on-site commercial facilities

and on-farm facilities as well.

A detailed odor control plan

will help minimize the subjectivity in regulating odor problems.

The design requirements in Section 830.202 include the

following:

1)

the facility must be designed and constructed so as to

divert runon around the composting area and to control

runoff from precipitation less than or equal to the 10

year,

24 hour precipitation event; and

2)

the facility must be designed and constructed so as to

maintain an accessible clear space between windrows.

Section 830.203.

Location Standards.

Section 830.203 sets

forth location standards for on—site facilities, on—site

commercial facilities, and permitted facilities which are

intended to reduce or eliminate any adverse environmental impact

through advance planning and the imposition of protective

measures.

Included are most of the groundwater protection

measures mandated pursuant to Section 39(m)

of the Act.

Section

830.203(a)

requires a setback of 200 feet from the nearest

potable water supply well, while Section 830.203(e)

mandates that

no coiuposting material may be placed within five feet of the

water table, and that any landscape waste leachate must be

collected and managed.

The depth to groundwater can be

established either through reliance on published data,

or by

actual measurement through field methods.

Additionally, pursuant

to Section 830.203(b),

the composting area must be outside the

boundary of the 10-year floodplain or the site must be

floodproofed, and pursuant to Section 830.203(g), regulated

facilities must not restrict the flow of a 100—year flood unless

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13

alternative storage capacity is provided.

The location requirements in Section 830.203 are also

designed to protect surrounding properties from off—site impacts.

Section 830.203(c)

mandates a setback of 200 feet from any

residence, and for facilities developed or expanded after

November 17,

1991,

the composting area must be at least 1/8 mile

from the nearest residence.

Section 830.203(d) establishes an additional standard

applicable only to facilities located near residences, due to

their higher potential for odor problems.

If the composting area

of a facility is located within 1/4 mile of the nearest off—site

residence or within 1/2 mile of the nearest platted subdivision,

or if more than ten residences are located within 1/2 mile of the

facility, landscape waste must be processed by the end of the

operating day.

Section 830.203(f).

(h) -(1).

Compliance with Other

Statutes.

Finally, Sections 830.203(f),

(h)

—

(i) require that

these regulated facilities comply with federal and state historic

and environmental preservation statutes.

For example, the

operation of these facilities must be compatible with the

requirements of the Wild and Scenic Rivers Act, the National

Historic Preservation Act, and the Illinois Historic Preservation

Act.

Standards Applicable to Permitted Facilities Only

In addition to the standards which are applicable to all

regulated facilities,

additional requirements are established by

these regulations which are applicable only to permitted

facilities.

These requirements are set forth at Sections 830.204

through 830.213.

Section 830.204.

Additional Stormwater and Landscape Waste

Leachate Controls.

In addition to meeting the leachate control

requirement in Section 830.202(g) which is applicable to all

regulated facilities, permitted landscape waste compost

facilities must meet additional standards imposed at Section

830.204.

Section 830.204(a) specifies that stormwater which

comes into contact with landscape waste or which mixes with

landscape waste leachate is considered landscape waste leachate,

and must be managed to prevent any environmental impact.

If the

facility discharges landscape waste leachate from a point source

it must obtain a National Pollution Discharge Elimination System

(NPDES) permit in accordance with the requirements of 35 Ill.

Adm. Code 309.

Section 830.204(b) requires permitted facilities to manage

landscape waste leachate to prevent ponding.

Leachate ponding

has been a source of odor problems at Illinois facilities.

---

14

Section 830.204(c) requires operators to allow periodic drying of

the composting surface.

This practice controls leachate

migration into the soil, promotes aerobic conditions in the

subsoil,

and enhances microbial degradation of leachate in the

surface soil layer.

Section 830.205(a).

Additional Operating Standards.

Section 830.205 establishes additional operating standards

applicable to permitted facilities.

Section 830.205(a) (1) (A)

requires these facilities to process all landscape waste received

within 24 hours of receipt.

This requirement should serve as an

odor prevention measure,

since bagged, compressed landscape waste

quickly becomes anaerobic.

Leaves, brush,

or woody landscape

waste may alternatively be stored to be used as a carbon source

or bulking agent, if this is provided for in a facility permit.

Section 830.205(a) (1) (B)

specifies that the operator of all

facilities using aerobic composting methods must adjust the

oxygen level as necessary to promote aerobic composting, and to

meet the needs of the particular process employed.

The oxygen

level is adjusted by shredding, turning, and/or mixing the

material.

Similarly,

Section 830.205(a) (1) (C)

requires operators

to take measures to adjust the moisture level so it remains

within the range of forty to sixty percent on a dry weight basis,

in order to promote aerobic compostirig.

The moisture level is

adjusted by watering or mixing materials of various moisture

levels.

Section 830.205(a) (1) (D)

specifies that the staging area

must be of adequate size and design to facilitate unloading of

landscape material, and must be designed to allow unobstructed

movement of vehicles and equipment.

The staging area is used for

load checking,

initial mixing or blending, and odor control.

It

must be operable during inclement weather when waste is received,

and must allow safe traffic flow.

These requirements are

designed to minimize delays in inspecting and processing incoming

waste, which can lead to odor problems.

Section 830.205(a) (1) (E) prohibits mixing landscape waste or

coinposting material with end—product compost which is sold or

offered for use.

This practice can introduce pathogens and

viable weed seeds into end—product compost.

This restriction

does not apply to the use of end—product compost as an amendment

to composting material.

Section 830.205(a) (1) (F) requires facility operators to have

sufficient equipment and personnel to process incoming waste in

accordance with the facility’s operating plan.

Section 830.205(a) (1) (G) requires facility operators to

obtain Agency authorization for any additive other than water

prior to its use.

Unless authorized in the facility permit, all

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15

additives other than water shall not exceed ten percent by volume

of the composting material.

In deciding whether to approve the

use of an additive, the Agency will evaluate the ability of the

proposed additive to enhance the composting process without

degrading the quality of the end-product compost.

Thus operators

will be allowed to use a variety of additives, while the Agency

will be able to protect against the use of improper additives.

Section 830.205(a) (2) requires turning of windrows or piles

for all facilities using an open composting process.

Windrows or

piles must be turned at least four times per year,

and not less

than once every six months.

These requirements are intended to

aerate the material for odor and leachate control, to break down

the material, to distribute moisture, and to inoculate the

material to promote rapid composting.

Section 830.205(a) (3) requires that facilities using

contained processes implement mechanisms to control moisture

content, air flow, and air emissions.

Since contained processes

tend to concentrate odors, they have a greater potential for odor

problems.

Control of air flow is typically accomplished by

maintaining negative air pressure within the containment building

and treating all exhaust air.

Control of air emissions is

generally accomplished through the use of scrubbers or filters.

Section 830.205(a) (4) specifies that the Agency may impose a

permit condition requiring a facility to use thermal processing

in order to reduce pathogens in its coiuposting material.

These

thermal processing requirements are taken from the federal sludge

regulations at 40 CFR 503 (adopted February 19,

1993)

(See

Exhibit 1-39).

Separate methods are prescribed for windrow

processing,

aerated static pile processing,

and in—vessel

processing.

The Agency only intends to require thermal

processing if a facility proposes the use of an additive which

may contain pathogens,

in which case a thermal processing

requirement will be imposed by a permit condition establishing

recordkeeping and monitoring requirements.

Section 830.205(b).

Composting Surface.

Because landscape

waste leachate can contain certain chemicals which can impact

groundwater, Section 830.205(b) requires that the composting

surface meet certain requirements designed to protect against

groundwater contamination.

Section 830.205(b)

requires that the

composting area be located on relatively impermeable soils,

or

located on

a base with resistance to saturated flow equal to the

resistance of relatively impermeable soils.

Alternatively, the

facility can choose to establish an early detection and

groundwater monitoring program pursuant to Section

830.205(b) (1) (A) (iii).

Relatively impermeable soils are defined as soils having a

---

16

hydraulic conductivity no greater than 1 x 10~centimeters per

second for a thickness of at least one foot.

The permeability of

the soils must be demonstrated by actual measurement.

Furthermore, the composting surface must be constructed and

maintained to allow the diversion of runon away from the

landscape waste and compost, management of runoff and landscape

waste leachate, and to allow facility operation during all

weather conditions.

The landscape waste composting surface must

be sloped at two percent or greater unless an alternative water

management system is approved in a permit.

The regulations also set forth requirements for contained

composting systems, although there are no such systems used for

composting landscape waste in the state at this time.

Contained

composting systems are more technologically advanced than open

coinposting processes,

and are also generally more costly.

They

are usually used for organic waste and mixed municipal waste

composting.

The additional requirements applicable to these

facilities are designed to address the additional problems that

may be caused by concentration of odors in a closed process.

The regulations specify that where composting material or

leachate comes into contact with an open composting surface in a

contained coinposting process, the surface must meet the same

relatively impermeable standard applied to open composting

processes in Section 830.205(b)(1).

Section 830.205(b) (2) (B)

specifies that the composting surface must be capable of

supporting all necessary structures and equipment.

Section 830.205(c) through

(1).

These subsections address

the requirements pertaining to utilities, facility maintenance,

nuisances,

and fire protection.

Subsection

(c)

of this section

requires a composting facility to have all utilities necessary

for its safe operation,

including lights, power, water supply,

and communication equipment, and subsection

(d) requires that the

facility be properly maintained.

The regulations at subsections

(e) through

(1) set forth limitations and requirements for open

burning, dust control,

noise control, vector control, fire

protection,

litter control, management of non—compostable wastes,

and mud tracking.

Additional requirements for preventing odor

nuisance violations are contained in Section 830.202.

(See

discussion

supra

pp.

11—13.)

Section 830.205(m).

Monitoring Requirements and Additional

Operating Standards.

This section requires operators of

permitted facilities to monitor the temperature of each batch,

windrow, or pile on a weekly basis, the moisture level in each

batch windrow or pile on a bi—weekly basis, and for aerobic

composting, the oxygen level of each batch, windrow, or pile on a

weekly basis.

Monitoring these parameters will enable the

---

17

operator to determine what adjustments are necessary, and provide

documentation of compliance with other requirements pursuant to

the regulations and facility permit.

Section 830.205(m) (2)

sets forth alternative requirements

for in—vessel continuous feed systems.

Temperature, moisture

level, and oxygen level

(for aerobic processes) must be monitored

daily due to the faster composting rate of these types of

systems.

Section 830.205(m) (3)

specifies that where early detection

and groundwater monitoring are required pursuant to Section

830.205(b) (1) (A)

or Section 830.205(b) (2) (A), they must be done

in accordance with the method specified in Part 830.Appendix A.

Section 830.206.

OPerating Plan for Permitted Facilities.

This section requires all permitted facilities to have an

operating plan which details the methods by which the operator

will meet the requirements of Section 830.205.

This section sets

forth in detail the type of information that must be included in

the plan.

The operating plan allows each facility to explain its

individual approach, and allows for a wide variety of methods to

be used.

This information is incorporated by reference into the

facility’s permit, and must include a description of how the

facility will produce general use compost while minimizing

nuisance conditions.

Sections 830.207 throu~h830.213.

Recordiceepinci and

Additional O~erationa1Requirements.

These rules contain

additional operating and recordkeeping requirements for permitted

facilities.

These requirements are specific concerning

salvaging,

access control,

load checking, and personnel training.

Permitted facilities must maintain contingency plans, closure

plan and other records.

The facility must keep a copy of its

permit at a definite site specified in that permit.

All records

must be available for inspection by the Agency during normal

business hours and must be kept for a minimum period of three

years.

Subpart E: Quality of End-Product Compost

This Subpart establishes standards for end-product compost

which are designed to ensure that the compost is mature,

of

consistent quality and free of hazardous materials.

Testing

requirements are also set forth to ensure that those goals are

met so that the end-product compost can compete effectively with

other forms of soil amendments.

Section 830.502 establishes a classification scheme for end—

product compost.

The two main categories are:

1) general use

compost, which is compost that meets the requirements set forth

in Section 830.503, and

2) designated use compost, which is

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18

compost that fails to meet those requirements.

General use

compost is deemed to meet standards that protect the public

health, safety and environment, and is, therefore, suitable for

distribution and use as a soil amendment.

Designated use compost

is that which fails to meet the criteria set forth in Section

830.503, and its use is therefore restricted to use as daily

cover or vegetative amendment in the final layer of a landfill.

Alternative uses for designated use compost are possible, but a

permit for such use must be obtained from the Agency.

Section

830.501(a) restates the statutory exemption front the testing

requirements and quality standards for end—product compost used

as daily cover or in the final layer of a landfill.

Section 830.503 imposes performance standards on general use

compost which are designed to ensure that the compost does not

pose a threat to human health and the environment when used as a

soil amendment.

General use compost must meet the standards

discussed below.

The regulations include a performance standard for

potentially injurious materials.

The standard set forth in

Section 830.503(a)

does not specify what constitutes a hazard;

rather,

it is the responsibility of operators to recognize and

remove any material which constitutes a hazard.

This standard is

intended to protect users of end—product compost from injury

while avoiding the imposition of cumbersome constraints on

facility operators.

Operators are required to exercise good

judgment in keeping their end-product free of potentially

injurious materials.

Section 830.503(b)

states that end-product compost cannot

contain man—made materials over

4 millimeters in size in excess

of one percent of the volume of the end—product compost.

These

man—made materials lower the quality of the end—product compost,

can affect soil drainage, and can pose a hazard to small animals

through direct ingestion.

They are also a source of litter where

end—product compost is unloaded or land—applied.

Section 830.503(c)

states that general use compost must have

a pH between 6.5 and 8.5.

The pH of the end-product compost can

affect the physical properties of the soil, the availability of

certain minerals for use by plants, and the biological activity

in the soil.

The desired pH for end—product compost can vary

based on the application, therefore a range between 6.5 and 8.5

is established.

Section 830.503(d)

states that end-product compost must be

stabilized, as demonstrated by one of the methods set forth in

Part 830.Appendix B (discussed below).

Stability is defined as a

stage in the composting process characterized by nearly complete

utilization of energy—bearing carbon compounds in the original

waste and no inhibition of seed germination or plant growth.

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19

Stability is characterized by low microbiological activity and

low oxygen usage.

Compost which has not reached stability may

cause problems by inducing high microbial activity and resulting

in oxygen deficiency in soils, and may indirectly cause toxicity

to roots by removing nutrients or introducing pathogens.

Section 830.503(e) requires that all general use compost

meet the standards for concentrations of inorganic constituents

set forth in Part 830.Table A.

Table A sets forth limits for

nine heavy metals which may be found in end—product compost.

These limits were derived from the Alternate Pollution Limits

established by the U.S. EPA for beneficial use of sludge, which

appear at 40 CFR 503

(adopted February 19,

1993) (See Exhibit 1—

39).

U.S. EPA has determined that these levels are protective of

human health and the environment.

Finally, Section 830.503(f)

states that general use compost

shall not contain fecal coliform populations in excess of 1000

MPN

per gram of total solids on a dry weight basis,

or Salmonella

species populations in excess of

3

MPN

per 4 grams of total

solids on a dry weight basis.

This pathogen standard was derived

from the United States Environmental Protection Agency

(U.S.

EPA)

pathogen reduction standard for sewage sludge.

U.S. EPA has

determined that this standard adequately reduces any risks to

public health and the environment.

(Ex.

1-39.)

Only facilities

which use additives that may contain pathogens will be required

to demonstrate compliance with the pathogen standard.

Several participants at hearing testified that the standards

were insufficient, since the expected levels of toxic metals in

end—product compost would not be expected to approach these

numbers.

However, no testimony was presented which contradicted

the evidence that standards in Part 830.Table A would be

protective of human health and the environment.

The Agency

admitted that the metals levels in end-product compost would not

be expected to approach these numbers unless the waste stream had

been adulterated in some way.

However, the Agency further stated

that establishing such limits is necessary to ensure that the

compost is safe for distribution.

Based on the comments received, the regulations the Board is

adopting today require that permitted facilities test for these

constituents on the same routine basis as the other parameters in

Section 830.503(a)

though

(d).

The compost material at permitted

facilities is more susceptible to alteration,

since permitted

facilities are the only facilities which accept composting

material from off—site.

Thus,

routine monitoring is required to

insure that the levels set forth at Table A are not exceeded.

Section 830.504.

Testinci Reauirements.

Operators must

undertake testing of end—product compost to demonstrate

compliance with the standards discussed above. Testing must be

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20

done in accordance with the methods set forth

in Part

830.Appendix B, unless an alternative method is approved in

writing by the Agency.

Testing to demonstrate compliance with

the man—made materials,

pH, stability standards, and inorganic

concentrations must be conducted every 5,000 cubic yards or

annually, if less than 5,000 cubic yards is transported off-site

annually.

Appendix B contains two methods for demonstrating that end-

product compost has reached stability.

The first

is a self-

heating test in a Dewar flask,

and the second method is a seed

germination test.

Again,

compost which fails to meet the

standards for general use compost must be further managed as

landscape waste or as designated use compost.

Section 830.501.

Samplinci Methods.

Section 830.507 sets

forth two alternative sampling methods to be followed for

obtaining a composite sample for testing compost.

Section

830.507(a) sets forth a method which uses twelve grab samples.

Part 830.Table B specifies the sample holding times,

sample

container types, and minimum sample size to be used with this

method.

Alternatively,

sampling can be done following the Test

Methods for Evaluating Soil Waste, Physical/Chemical Methods

(SW-

846), which has been incorporated by reference into the

regulations in Section 830.103.

SubPart

F: Financial Assurance

This Subpart applies to permitted facilities only.

The

owner or operator of such a facility is required to develop and

have at the facility a financial assurance plan.

This

requirement is based on Section 22.33(a) (5), which states that

the performance standards for landscape waste facilities must

include “a financial assurance plan necessary to restore the site

as specified in

(an

Agency permit.”

The regulations specify that the plan must contain,

at a

minimum, the following:

a written cost estimate covering the

maximum cost of premature final closure, and the financial

mechanism chosen by the operator to maintain financial assurance

equal to or greater than the amount provided as a written cost

estimate in the financial assurance plan.

The operator may

utilize a cash reserve fund or self—insurance.

In the alternative, pursuant to Section 830.601(b), an

operator is not required to comply with the requirements of this

Subpart F if the operator demonstrates that closure and post

closure plans filed will result in closure of the facility in

accordance with the requirements of Part 830, and the operator

has provided some other demonstration of financial assurance

adequate to provide for such closure.

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21

Part 831:

Information In a Permit Application

This Part sets forth the information that must be included

in a permit application for all facilities required to have a

permit.

This Part was submitted by the Agency in an effort to

codify permitting procedures that are currently in use by the

Agency.

The Board proposes to adopt the Agency’s proposal

unmodified.

Section 831.101 specifies that all facilities required to

have permits pursuant to Section 21(d)

of the Act must follow the

procedures outlined in this section in submitting a permit

application.

Some of the remaining regulations contain standard

requirements about what must be contained in a permit application

such as required signatures, permit fees,

identification numbers,

permit modification requirements, closure plans, and permit

renewal requirements.

Other sections are more specific as to landscape waste

compost facilities.

Section 831.107 requires owners and

operators to submit a site location map as part of the permit

application, detailing information necessary to demonstrate

compliance with the Act and Board regulations.

For example, the

site location map must include, among other things, the permitted

area and all adjacent property within a 1/2 mile;

the prevailing

wind direction; and the limits of 10—year floodplains.

Similarly,

Section 831.109 requires a narrative description of

the facility, with supporting documentation describing the

procedures and plans that will be used at the facility,

demonstrating compliance with the Act and these regulations.

Finally, Section 831.110 requires a legal description of the

facility boundaries.

Part 832: Procedural Reauirements for Permitting Compost

Facilities

This Part sets forth the procedural rules the Agency will

follow in processing permit applications.

As with Part 831, this

Part was submitted by the Agency in an effort to codify

permitting procedures that are currently in use by the Agency.

The Board adopts the language proposed by the Agency without any

modification.

For the most part, the requirements for processing permits

for landscape waste compost facilities track the rules in place

for permitting other land-based facilities.

For example, Section

832.104 sets forth notifications required of a permit applicant,

which is largely a restatement of the applicable language in the

Act and in the Illinois Notice by Publication Act.

The Agency

shall not issue a development or construction permit for any

composting facility unless the applicant has given notice thereof

to: members of the General Assembly from the legislative district

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22

in which the facility is to be located; the owner of all real

property within 250 feet of the site of the proposed facility;

and the general public by publication in a newspaper of general

circulation in the county in which the facility is to be located.

Section 832.105 sets forth the Agency’s decision deadlines,

which are 90 days after the application is filed,

and 180 days if

a public hearing is required.

Section 832.105(b)

states that a

permit application shall not be deemed complete until the Agency

has received all required information and documentation.

However,

if the Agency fails to notify the applicant within 30

days that the application is incomplete, then the application

shall be deemed to have been complete on the date it was filed.

Furthermore, the applicant may deem a notification that the

application is incomplete as a denial of the application for the

purposes of a permit appeal.

The remainder of Section 832.105(c)

addresses the applicant’s appeal rights.

Section 832.105(e)

states that final decisions shall be deemed to have taken place

on the date that they are signed.

This rule differs from the

landfill rules which states that such decisions are effective as

of the date postmarked.

The remaining six sections address the standards for issuing

and denying a permit, the right to appeal under Section 40 of the

Act, the term of the permit, and the transfer of a permit.

Subpart B contains the additional procedures for modifying a

permit, and Subpart C contains the additional procedures for

renewing permits.

The Agency is allowed in specific situations

to initiate modifications to an approved permit.

Agency-

initiated modifications shall not become effective until 45 days

after receipt by the operator, unless enforcement is stayed

during the pendency of an appeal before the Board.

As for permit

renewals, the requirements and time schedules for permit

applications are simply cross—referenced.

CONCLUBION

The regulations adopted today are intended to provide the

regulated community with clearly defined terms of applicability,

location and operating requirements for all types of landscape

waste compost facilities, and rules governing the permitting of

the same.

Collectively, these regulations are intended to allow

for the competitive operation of landscape waste compost

facilities which do not impact or threaten to adversely impact

health or the environment in the State of Illinois.

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23

ORDER

The Board hereby directs the Clerk to cause the filing of

the following regulations for final notice with the Secretary of

State Code Unit for publication in the

Illinois Register:

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER 1:

SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 830

STANDARDS FOR COMPOST FACILITIES

SUBPART A:

GENERAL PROVISIONS

Section

830.101

Purpose, Scope and Applicability

830. 102

Definitions

830.103

Incorporations by Reference

830.104

Exempt Operations and Activities

830.105

Permit-Exempt Facilities and Activities

830.106

On—Farm Landscape Waste Compost Facility

830.107

Compliance Dates

830. 108

Severability

SUBPART

B:

STANDARDS FOR OWNERS

AND

OPERATORS OF LANDSCAPE

WASTE COMPOST FACILITIES

Section

830.201

Scope and Applicability

830.202

Minimum Performance Standards and Reporting

Requirements for Landscape Waste Compost Facilities

830.203

Location Standards for Landscape Waste Compost

Facilities

830.204

Additional Stormwater and Landscape Waste Leachate

Controls at Permitted Landscape Waste Compost

Facilities

830.205

Additional Operating Standards for Permitted Landscape

Waste Compost Facilities

830.206

Operating Plan for Permitted Landscape Waste Compost

Facilities

830.207

Salvaging at Permitted Landscape Waste Compost

Facilities

830.208

Access Control at Permitted Landscape Waste Compost

Facilities

830.209

Load Checking at Permitted Landscape Waste Compost

Facilities

830.210

Personnel Training for Permitted Landscape Waste

Compost Facilities

830.211

Recordkeeping for Permitted Landscape Waste Compost

Facilities

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24

830.212

Contingency Plan for Permitted Landscape Waste Compost

Facilities

830.213

Closure Plan for Permitted Landscape Waste Compost

Facilities

SUBPART E: QUALITY OF END-PRODUCT COMPOST

Section

830.501

Scope and Applicability

830.502

Compost Classes

830.503

Performance Standards for General Use Compost

830.504

Testing Requirements for End-Product Compost Derived

from Landscape Waste

830.507

Sampling Methods

830.508

Off—Specification Compost

SUBPART F: FINANCIAL ASSURANCE

Section

830.601

Scope and Applicability

830.602

Financial Assurance Plan

830.603

Written Cost Estimate

830.604

Financial Assurance Fund

830.605

Financial Assurance Mechanism

830.606

Financial Assurance Certification

830.APPENDIX A Early Detection and Groundwater Monitoring Program

830.APPENDIX B Performance Test Methods

830.TABLE A

Inorganic Concentration Limits for General Use

Compost

830.TABLE B

Sampling and Handling Requirements

830.TABLE C

Seed Germination Record Sheet

AUTHORITY:

Implementing Sections

5,

21,

22.33, 22.34,

22.35 and

39 and authorized by Section 27 of the Environmental Protection

Act 415

ILCS 5/5,

21,

22.33,

22.34,

22.35, 27 and 39.

SOURCE:

Adopted at 18

Ill. Reg.

effective

NOTE:

Capitalization denotes statutory language.

SUBPART A:

GENERAL PROVISIONS

Section 830.101

Purpose, Scope and Applicability

a)

The purpose of this Part is to establish:

1)

Performance standards for landscape waste compost

facilities operating in the State of Illinois; and

2)

Testing procedures and standards for end—product

---

25

compost offered, by a facility, for sale or use in

the State of Illinois.

b)

General applicability.

1)

The provisions of this Part apply to all landscape

waste compost facilities operating in the State of

Illinois, except those expressly exempted pursuant

to Section 830.104 and those regulated pursuant to

35 Ill. Adm. Code 391 and 40 CFR Part 503.

2)

Facilities regulated pursuant to this Part are not

subject to 35 Ill. Adm. Code 807 or 810 through

815, except that any accumulation of materials

meeting the 35 Ill. Adm. Code 810 definition of a

waste pile shall be subject to 35 Ill. Adm. Code

810 through 815.

3)

Facilities regulated pursuant to Subpart B shall

accept only landscape waste for composting.

c)

Specific applicability.

1)

The provisions of this Subpart apply to all

facilities subject to this Part; the definitions

set forth in Section 830.102 apply for purposes of

this Part,

35 Ill. Adm. Code 831, and 35 Ill.

Adm.

Code 832.

2)

The performance standards set forth in Subpart B

are applicable to landscape waste composting

facilities subject to this Part.

3)

The performance standards set forth in Subpart E

are applicable to all general use compost offered

for sale or use in Illinois; the testing

requirements set forth in Subpart E are applicable

to facilities offering general use compost for

sale or use in Illinois.

4)

The financial assurance requirements set forth in

Subpart F are applicable to all facilities subject

to this Part that are required to have a permit

pursuant to 35 Ill. Adm. Code 831.

Section 830.102

Definitions

Except as stated in this Section, the definition of each word or

term used in this Part,

35 Ill.

Adm.

Code 831 and 35 Ill. Adm.

Code 832 shall be the same as that applied to the same word or

term in the Environmental Protection Act (“Act”)

415

ILCS 5.

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26

“Act” means the Environmental Protection Act 415

ILCS

5).

“Additive” means components,

other than landscape

waste,

added to composting material to maximize the

decomposition process by adjusting any of the

following: moisture, temperature, oxygen transfer, pH,

carbon to nitrogen ratio, biology or biochemistry of

the composting material.

“Aerated static pile” means a composting system that

uses a series of perforated pipes or equivalent air

distribution systems running underneath a compost pile

and connected to a blower that either draws or blows

air through the piles.

Little or no pile agitation or

turning is performed.

“Aerobic” means done in the presence of free oxygen.

“Aerobic composting” means a process managed and

maintained to promote maturation of organic materials

by microbial action in the presence of free oxygen

contained within the gas in the composting material.

“Agency” means the Illinois Environmental Protection

Agency.

“AGRONOMIC RATES” MEANS THE APPLICATION OF NOT MORE

THAN

20 TONS PER ACRE

PER

YEAR, EXCEPT THAT THE AGENCY

MAY

ALLOW A HIGHER RATE FOR INDIVIDUAL SITES WHERE THE

OWNER OR OPERATOR HAS DEMONSTRATED TO THE AGENCY THAT

THE SITE’S SOIL CHARACTERISTICS OR CROP NEEDS REQUIRE A

HIGHER RATE.

(Section 21(q)

of the Act.)

“Anaerobic composting” means a process managed and

maintained to promote maturation of organic materials

by microbial action in the absence of free oxygen

within the gas in the composting material.

“Bad Load” means a load of material that would,

if

accepted,

cause or contribute to a violation of the

Act, even if managed in accordance with these

regulations and any facility permit conditions.

“Batch” means material used to fill the vessel of a

contained composting system.

“Board” means the Illinois Pollution Control Board.

“Bulking agent” means a material used to increase

porosity,

to improve aeration, or to absorb moisture

from decomposing waste.

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27

“Closure” means the process of terminating coinposting

facility operations pursuant to applicable Sections in

this Part,

35 Ill. Adm. Code 831 and 35 Ill.

Mm.

Code

832, beginning upon permit expiration without filing

for renewal,

intentional cessation of waste acceptance

or cessation of waste acceptance for greater than 180

consecutive days,

unless an alternative time frame is

approved in a closure plan.

“Commercial activity” means any activity involving the

transfer of money.

“COMPOST” MEANS THE HUMUS-LIKE PRODUCT OF THE PROCESS

OF COMPOSTING WASTE, WHICH

MAY

BE USED AS A SOIL

CONDITIONER.

(Section 3.70 of the Act.)

“COMPOSTING” MEANS THE BIOLOGICAL

TREATMENT

PROCESS BY

WHICH MICROORGANISMS DECOMPOSE THE ORGANIC FRACTION OF

THE WASTE, PRODUCING COMPOST.

(Section 3.70 of the

Act.)

Land application is not composting.

“Composting area” means the area of a composting

facility in which waste,

composting material or

undistributed end—product compost is unloaded, stored,

staged,

stockpiled,

treated or otherwise managed.

“Composting material” means solid wastes that are in

the process of being composted.

“Composting operation” means an enterprise engaged in

the production and distribution of end-product compost.

“Contained coiuposting process” means a method of

producing compost in which the composting material is

confined or contained in a vessel or structure which

both protects the material from the elements and

controls the moisture and air flow.

“Designated use compost” means end-product compost

which does not meet the standards set forth in Section

830.503 of this Part.

“Dewar flask” means an insulated container used

especially to store liquefied gases, having a double

wall,

an evacuated space between the walls and silvered

surfaces.

“Domestic sewage” means waste water derived principally

from dwellings,

business or office buildings,

institutions, food service establishments,

and similar

facilities.

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28

“End—product compost” means organic material that has

been processed to maturity and classified as general

use compost or designated use compost in accordance

with this Part.

“Facility” means any landscape waste compost facility.

“GARBAGE” IS WASTE RESULTING FROM THE HANDLING,

PROCESSING, PREPARATION, COOKING,

AND

CONSUMPTION OF

FOOD, AND WASTES FROM THE HANDLING, PROCESSING,

STORAGE,

AND

SALE OF PRODUCE.

(Section 3.11 of the

Act.)

“Garden compost operation” means an operation which

(1)

has no more than 25 cubic yards of landscape waste,

composting material or end—product compost on—site at

any one time and

(2)

is not engaging in commercial

activity.

“General use compost” means end—product compost which

meets the standards set forth in Section 830.503 of

this Part.

“GROUNDWATER”

MEANS

UNDERGROUND

WATER

WHICH

OCCURS

WITHIN THE SATURATED ZONE AND GEOLOGIC MATERIALS WHERE

THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO OR

GREATER

THAN

ATMOSPHERIC PRESSURE.

(Section 3(b)

of

the Groundwater Protection Act 415

ILCS 55.)

“In—vessel composting” means a diverse group of

composting methods in which composting materials are

contained in a building, reactor,

or vessel.

“In—vessel continuous feed system” means a method of

producing compost in which the raw composting material

is delivered on a continuous basis to a reactor.

“Insulating material” means material used for the

purpose of preventing the passage of heat out of a

windrow or other pile.

Insulating material includes,

but is not limited to, end—product compost, foam,

or

soil.

Insulating material does not include composting

material that has not reached maturity.

“Land application” means the spreading of waste, at an

agronomic rate,

as a soil amendment to improve soil

structure and crop productivity.

“LANDSCAPE WASTE”

MEANS

ALL ACCUMULATIONS OF GRASS OR

SHRUBBERY CUTTINGS, LEAVES, TREE LIMBS

AND

OTHER

MATERIALS

ACCUMULATED

AS

THE

RESULT

OF

THE

CARE

OF

LAWNS,

SHRUBBERY,

VINES

AND

TREES.

(Section

3.20

of

---

29

the Act.)

“Landscape waste compost facility” means an entire

landscape waste composting operation, with the

exception of a garden compost operation.

“Landscape waste leachate” means a liquid containing

any of the following: waste constituents originating in

landscape waste; landscape waste composting material;

additives; and end-product compost.

“Maturity” means a state which is characteristically:

generally dark in color; humus-like; crumbly in

texture; not objectionable in odor; resembling rich

topsoil; and bearing little resemblance in physical

form to the waste from which it is derived.

“Modification” means a permit revision authorizing

either an extension of the current permit term or a

physical or operational change at a composting facility

which involves different or additional processes,

increases the capacity of the operation, requires

construction, or alters a requirement set forth as a

special condition in the existing permit.

“MPN” means most probable number,

a mathematical

inference of the viable count from the fraction of

cultures that fail to show growth in a series of tubes

containing a suitable medium.

“Nearest residence” means an occupied dwelling and

adjacent property commonly used by inhabitants of the

dwelling.

“Non—compostable material” means items not subject to

microbial decomposition under conditions used to

compost waste.

“Off—site” means not on—site.

“On—farm landscape waste compost facility” means a

landscape compost facility which satisfies all of the

criteria set forth in Section 830.106.

“On—site” means on the same or geographically

contiguous property which may be divided by public or

private right—of—way, provided the entrance and exit

between the properties is at a crossroads intersection

and access is by crossing as opposed to going along the

right-of-way.

Noncontiguous properties owned by the

same person but connected by a right—of—way which the

owner controls and to which the public does not have

---

30

access are also considered on—site property.

“On—site commercial facility” means

a landscape waste

compost facility at which the landscape waste composted

is generated only on—site and the end-product is

offered for off—site sale or use.

“On—site facility” means a landscape waste compost

facility at which the landscape waste composted is

generated only on—site and the end—product is not

offered for off—site sale or use.

“Open composting process” means a method of producing

compost without protecting the compost from weather

conditions.

“Operator” means the individual, partnership,

co—

partnership,

firm,

company, corporation, association,

joint stock company, trust, estate, political

subdivision, State agency, or any other legal entity

that is responsible for the operation of the facility.

The property owner,

if different from the operator,

shall be deemed the operator in the event that the

operator abandons the facility.

“Origin” means the legal entity from which a substance

has been obtained.

“Processing into windrows or other piles” means

placement of waste materials into windrows or other

piles of a size,

structure, and mixture adequate to

begin the composting process.

“Property owner” means the owner of the land on which

the composting operation is located or proposed to be

located,

except that if the operator has obtained a

lease for at least the duration of the proposed

facility permit plus one year,

then “property owner”

shall mean the operator of the composting operation.

“Registered professional engineer” means a person

registered under the Illinois Professional Engineering

Practice Act 225

ILCS 325.

“Relatively impermeable soil” means a soil located

above the water table that has a hydraulic conductivity

no greater than 1 x 1O~centimeters per second for a

thickness of at least one foot.

“Runoff” means water resulting from precipitation that

flows overland before it enters a defined stream

---

31

channel, excluding 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.

“Runon” means any rainwater,

leachate or other liquid

that drains over land onto any part of a facility.

“Salvaging” means the return of waste materials to

beneficial use.

“Salvaging operations” means those activities that

recover waste for beneficial use,

so long as the

activity is done under the supervision of the compost

facility’s operator, does not interfere with or

otherwise delay the operations of the compost facility,

and results in the removal of all materials for

salvaging from the compost facility daily or separation

by type and storage in a manner that does not create a

nuisance, harbor vectors, or cause an unsightly

appearance.

“Septage” means the liquid portions and sludge residues

removed from septic tanks.

“Sewage” means water—carried human and related waste

from any source.

“SITE”

MEANS ANY

LOCATION, PLACE,

TRACT OF LAND, AND

FACILITIES, INCLUDING BUT NOT LIMITED TO BUILDINGS, AND

IMPROVEMENTS USED FOR

PURPOSES

SUBJECT

TO

REGULATION

OR

CONTROL BY THE ACT and 35 Ill. Adm. Code 830, 831

&

832.

(Section 3.43 of the Act.)

“SLUDGE”

MEANS ANY

SOLID,

SEMISOLID, OR LIQUID WASTE

GENERATED FROM A MUNICIPAL, COMMERCIAL, OR INDUSTRIAL

WASTEWATER TREATMENT PLANT, WATER SUPPLY TREATMENT

PLANT,

OR AIR POLLUTION CONTROL FACILITY, OR

ANY

OTHER

SUCH WASTE HAVING SIMILAR CHARACTERISTICS

AND

EFFECTS.

(Section 3.44 of the Act.)

“SPECIAL WASTE” MEANS ANY INDUSTRIAL PROCESS WASTE,

POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS

DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35

Ill. Adm. Code 808.

(Section 3.45 of the Act.)

“Stability” means a state in which the compost

decomposes slowly even under conditions favorable for

microbial activity.

“Staging area” means an area within a facility where

raw material for composting is processed, temporarily

---

32

stored in accordance with the standards set forth in

830.205(a) (1) (A), loaded or unloaded.

“Surface water” means all tributary streams and

drainage basins, including natural lakes and artificial

reservoirs, which may affect a specific water supply

above the point of water supply intake.

Such term does

not include treatment works

(such as a retention

basin).

“Ten

(10) year,

24 hour precipitation event” means a

precipitation event of 24 hour duration with a probable

recurrence interval of once in 10 years.

“20-20-20 NPK” means a fertilizer containing 20 percent

total nitrogen

(N),

20 percent available phosphoric

acid

(P205) and 20 percent soluble potash

(K2O).

“Unacceptable load” means a load containing waste a

facility is not authorized to accept.

“Underground water” means all water beneath the land

surface.

“Vector” means any living agent, other than human,

capable of transmitting, directly or indirectly, an

infectious disease.

“Water table” means the boundary between the

unsaturated and saturated zones of geologic materials

or the surface on which the fluid pressure in the pores

of a porous medium is exactly at atmospheric pressure.

“Windrow” means an elongated pile of solid waste or

composting material constructed to promote composting.

“Woody landscape waste” means plant material greater

than two inches in diameter.

Section 830.103

Incorporations by Reference

The Board incorporates the following material by reference.

These incorporations include no later amendments or editions.

a)

American Public Health Association et al., 1015

Fifteenth Street, N.W., Washington, D.C.

20005,

“Standard Methods for the Examination of Water and

Wastewater,” 18th Edition,

1992.

b)

“Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods” Third Edition

(September,

---

33

1986),

as amended by Revision I

(December,

1987),

Final

Update I

(November,

1992)

and Proposed Update II

(July,

1992), United States Environmental Protection Agency,

Washington, D.C.,

EPA Publication Number SW-846.

c)

North Dakota Agricultural Experiment Station, North

Dakota State University,

Fargo, North Dakota 58105,

“Recommended Chemical Soil Test Procedures for the

North Central Region,” North Central Regional

Publication No.

221 (Revised),

Bulletin No. 499

(Revised), October,

1988.

Section 830.104

Exempt Operations and Activities

a)

The requirements of this Part shall not apply to a

garden compost operation as defined at Section 830.102.

b)

The testing requirements set forth in Subpart E of this

Part SHALL NOT APPLY TO END-PRODUCT COMPOST USED AS A

DAILY COVER OR VEGETATIVE AMENDMENT IN THE FINAL LAYER

of a landfill.

(Section 22.33(c) of the Act.)

c)

Notwithstanding subsection

(b)

of this Section, end-

product compost shall not be used as daily cover or

vegetative amendments in the final layer of a landfill

unless such use is approved in the landfill’s permit.

Section 830.105

Permit—Exempt Facilities and Activities

The following types of facilities or activities are not required

to have a permit pursuant to this Part:

a)

A LANDSCAPE WASTE COMPOSTING OPERATION FOR LANDSCAPE

WASTES GENERATED BY SUCH facility’s

OWN

ACTIVITIES

WHICH

ARE

STORED, TREATED OR DISPOSED OF WITHIN THE

SITE WHERE SUCH WASTES ARE GENERATED (Section 21(q) (1)

of the Act);

b)

APPLYING LANDSCAPE WASTE OR COMPOSTED LANDSCAPE WASTE

AT AGRONOMIC RATES (Section 21(q) (2)

of the Act); OR

c)

A LANDSCAPE WASTE COMPOSTING FACILITY ON A

FARM

WHICH

MEETS ALL OF the criteria set forth at Section 830.106

(Section 21(q) (3)

of the Act).

Section 830.106

On-Farm Landscape Waste Compost Facility

a)

A landscape compost operation on a farm must satisfy

all of the following criteria:

1)

THE COMPOSTING FACILITY IS OPERATED BY THE FARMER

ON PROPERTY ON WHICH THE COMPOSTING MATERIAL IS

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34

UTILIZED, AND THE COMPOSTING FACILITY CONSTITUTES

NO MORE

THAN

2

OF THE PROPERTY’S TOTAL ACREAGE,

EXCEPT THAT THE AGENCY

MAY

ALLOW A HIGHER

PERCENTAGE FOR INDIVIDUAL SITES WHERE THE OWNER OR

OPERATOR HAS

DEMONSTRATED

TO

THE

AGENCY

THAT

THE

SITE’S SOIL CHARACTERISTICS OR CROP NEEDS REQUIRE

A HIGHER RATE;

2)

THE PROPERTY ON WHICH THE COMPOSTING FACILITY IS

LOCATED,

AND

ANY ASSOCIATED PROPERTY ON WHICH THE

COMPOST IS USED,

IS PRINCIPALLY AND DILIGENTLY

DEVOTED TO THE PRODUCTION OF AGRICULTURAL CROPS

AND IS NOT OWNED, LEASED OR OTHERWISE CONTROLLED

BY ANY WASTE

HAULER

OR

GENERATOR

OF

NONAGRICULTURAL COMPOST MATERIALS, AND THE

OPERATOR OF THE COMPOSTING FACILITY IS NOT AN

EMPLOYEE, PARTNER, SHAREHOLDER, OR IN ANY WAY

CONNECTED WITH OR CONTROLLED BY ANY SUCH WASTE

HAULER OR GENERATOR;

3)

ALL COMPOST GENERATED BY THE COMPOSTING FACILITY

IS APPLIED AT AGRONOMIC RATES AND USED AS MULCH,

FERTILIZER OR SOIL CONDITIONER ON

LAND

ACTUALLY

FARMED BY THE

PERSON

OPERATING

THE

COMPOSTING

FACILITY, AND THE FINISHED COMPOST IS NOT STORED

AT THE COMPOSTING SITE FOR A PERIOD LONGER

THAN

18

MONTHS PRIOR TO ITS APPLICATION AS MULCH,

FERTILIZER,

OR SOIL CONDITIONER; and

4)

ALL COMPOSTING MATERIAL WAS PLACED MORE

THAN

200

FEET FROM THE NEAREST POTABLE WATER SUPPLY WELL,

WAS PLACED OUTSIDE THE BOUNDARY OF THE 10-YEAR

FLOODPLAIN OR ON A PART OF THE SITE THAT IS

FLOODPROOFED, WAS PLACED AT LEAST 1/4 MILE FROM

THE NEAREST RESIDENCE (OTHER

THAN

A RESIDENCE

LOCATED ON THE SAME PROPERTY AS THE FACILITY) AND

THERE

ARE

NOT MORE

THAN

10 OCCUPIED NON-FARM

RESIDENCES WITHIN 1/2 MILE OF THE BOUNDARIES OF

THE SITE ON THE DATE OF APPLICATION, AND WAS

PLACED MORE

THAN

5 FEET ABOVE THE WATER TABLE.

b)

THE OWNER OR OPERATOR, BY

JANUARY

1, 1991 (OR THE

JANUARY 1 FOLLOWING COMMENCEMENT OF OPERATION,

WHICHEVER IS LATER)

AND

JANUARY

1 OF EACH

YEAR

THEREAFTER

shall:

1)

REGISTER

THE

SITE

WITH

THE

AGENCY,

by

obtaining

an

Illinois Inventory Identification Number from the

Agency;

2)

File a report with the Agency, on a form provided

by the Agency, certifying at a minimum:

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35

A)

THE

VOLUME

OF

COMPOSTING

MATERIAL

RECEIVED

AND USED AT

THE

SITE

during

the

previous

calendar year;

B)

The volume of compost produced during the

previous calendar year; and

C)

That the facility is in compliance with the

requirements set forth

is subsection

(a) of

this Section.

(Section 21(q) of the Act.)

Section 830.107

Compliance Dates

a)

All operators of existing facilities shall comply with

the applicable minimum performance standards and

recordkeeping requirements set forth in Section 830.202

of this Part by the effective date of these

regulations.

b)

By November 10,

1995, all operators of existing

permitted facilities shall certify compliance with the

applicable provisions set forth in Sections 830.206,

830.210,

830.211,

830.504 and 830.507.

Certification

of compliance with Sections 830.206, 830.210, 830.211,

830.504 and 830.507 shall be done by completing and

filing with the Agency a form provided by the Agency.

C)

By November 10,

1995,

all operators of existing

permitted facilities shall certify compliance with

Subpart F of this Part.

Such certification of

compliance shall be done as specified in Section

830. 606.

d)

Each existing permitted facility shall,

in addition,

remain in compliance with all conditions set forth in

its current facility permit, pending permit expiration

or modification authorizing construction, resulting in

an increase in capacity, transferring ownership or

extending the current permit term.

e)

Upon application either for permit renewal or for

modification authorizing construction, resulting in an

increase in capacity, extending the current permit term

or initiated by the Agency pursuant to 35 Ill.

Adm.

Code 832.201, an existing permitted facility shall

demonstrate, as part of the permit application,

compliance with all provisions of this Part applicable

to permitted facilities.

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36

Section 830.108

Severability

If any provision of this Part is adjudged invalid, or if the

application thereof to any person or in any circumstance is

adjudged invalid,

such invalidity shall not affect the validity

of either this Part as a whole or any Subpart, Section,

subsection,

sentence or clause thereof not adjudged invalid.

SUBPART B:

STANDARDS FOR OWNERS AND

OPERATORS

OF

LANDSCAPE

WASTE

COMPOST FACILITIES

Section 830.201

Scope and Applicability

a)

Garden compost facilities are exempt from all the

requirements of Part 830.

b)

On—site landscape waste compost facilities are subject

to the location standards in Section 830.203.

c)

On—site commercial landscape waste compost facilities

are subject to the minimum performance standards in

Section 830.202, the location standards in Section

830.203, and the end-product quality standards in

Subpart E of this Part.

d)

On—farm landscape waste compost facilities which

satisfy all the requirements in Section 830.106(a)

are

subject to the minimum performance standards in Section

830.202.

e)

Permitted landscape waste compost facilities are

subject to the minimum performance standards in Section

830.202, the location standards in Section 830.203, the

additional operating standards and requirements in

Sections 830.204 through 830.213, the end-product

quality standards of Subpart E of this Part, and the

financial assurance requirements of Subpart F of this

Part.

Section 830.202

Minimum Performance Standards and Reporting

Requirements for Landscape Waste Compost

Facilities

With the exception of on—site landscape waste compost facilities,

all landscape waste compost facilities subject to this Part shall

comply with the following requirements:

a)

The composting material shall not contain any domestic

sewage,

sewage sludge or septage.

b)

Any bulking agent used which is otherwise a waste as

defined at Section 3.53 of the Act, other than

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37

landscape waste, may only be used as authorized by the

Agency in writing or by permit.

c)

The operator shall take specific measures to control

odors and other sources of nuisance so as not to cause

or contribute to a violation of the Act.

Specific

measures an operator should take to control odor

include but are not limited to adherence to the

contents of the odor minimization plan required at

subsection

(e).

Specific measures an operator should

take to control other sources of nuisance include

preventative measures to control litter, vectors, and

dust and noise generated from truck or equipment

operation.

d)

The operator shall have available for inspection a

PLAN

FOR INTENDED PURPOSES OF END-product compost and a

contingency plan for handling end—product compost and

composting material that does not meet the general use

compost standards set forth in Section 830.503 of this

Part.

Such a plan may include, but is not limited to,

consideration of the following: on—site usage;

identification of potential buyers including but not

limited to gardeners,

landscapers, vegetable farmers,

turf growers, operators of golf courses, and ornamental

crop growers; maintaining consistent product quality

for such factors as stability,

color, texture,

odor,

pH, and man—made inerts; and removal of end—product

compost that cannot be used in the expected manner

because it does not meet the general use compost

standards.

(Section 22

•

33(a) (4)

of the Act.)

e)

The operator shall have a plan for minimizing odors.

The plan must include:

1)

Specification of a readily—available supply of

bulking agents, additives or odor control agents;

2)

Procedures for avoiding delay in processing and

managing landscape waste during all weather

conditions;

3)

Methods for taking into consideration the

following factors prior to turning or moving

composting material:

A)

Time of day;

B)

Wind direction;

C)

Percent moisture;

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38

D)

Estimated odor potential; and

E)

Degree of maturity.

f)

Landscape waste must be processed within five days

after receipt into windrows or other piles which

promote proper conditions for composting.

Incoming

leaves, brush or woody landscape waste may be stored in

designated areas for use as a carbon source and bulking

agent,

rather than being processed into windrows or

other piles.

g)

The facility must be designed and constructed so that

runon is diverted around the composting area.

The

runoff from the facility resulting from precipitation

less than or equal to the 10 year,

24 hour

precipitation event must be controlled so as not to

cause or contribute to a violation of the Act.

h)

The facility must be constructed and maintained to have

an accessible clear space between windrows or other

piles,

suitable for housekeeping operations, visual

inspection of piling areas and fire fighting

operations.

i)

Except for on—farm landscape waste compost facilities,

the operator shall post permanent signs at each

entrance, the text of which specifies in letters not

less than three inches high:

1)

The name and mailing address of the operation;

2)

The operating hours;

3)

Materials which can be accepted; and

4)

The statement,”COMPLAINTS CONCERNING THIS FACILITY

CAN BE

MADE

TO THE FOLLOWING PERSONS,” followed by

the name and telephone number of the operator, and

the name and telephone number of the Bureau of

Land,

Illinois Environmental Protection Agency,

Springfield Illinois.

j)

General use compost, if offered for sale or use, must

meet the performance standards set forth in Section

830.503.

k)

Reporting Requirements.

1)

The operator of any facility required, pursuant to

35 Ill. Adm. Code 831, to have a permit SHALL

SUBMIT

A

WRITTEN

ANNUAL

STATEMENT TO THE AGENCY,

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39

on a form provided by the Agency, ON OR BEFORE

APRIL

1 OF EACH

YEAR THAT

INCLUDES:

A)

AN ESTIMATE OF THE

AMOUNT

OF MATERIAL,

IN TONS, RECEIVED FOR COMPOSTING in the

previous calendar year (Section 39(m)

of

the Act);

B)

An estimate of the amount and

disposition of compost material

(i.e.,

end-product compost, chipped!shredded

brush)

in the previous calendar year;

and

C)

A Composting Facility Financial

Assurance Plan Compliance Certification

in accordance with the requirements set

forth in Section 830.606.

2)

For any permit-exempt facility with over 100 cubic

yards of composting material on—site at one time,

a report must be filed by April

1 of each year

with the Agency, on a form provided by the Agency,

stating, at a minimum, the facility location, an

estimate of the amount of material,

in cubic yards

or tons, received for composting in the previous

calendar year, and the total amount of end—product

compost still on—site, used or sold during the

previous calendar year.

1)

Closure.

1)

Unless otherwise authorized in a facility permit,

all landscape waste, composting material, end—

product compost, and additives must be removed

from the facility within 180 days following the

beginning of closure.

2)

An operator of a facility regulated under this

Subpart shall close the facility in a manner

which:

A)

Minimizes the need for further maintenance;

and

B)

Controls, minimizes or eliminates the release

of landscape waste, landscape waste

constituents, landscape waste leachate, and

composting constituents to the groundwater or

surface waters or to the atmosphere to the

extent necessary to prevent threats to human

health or the environment.

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40

3)

By April

1 of the year following completion of

closure, the operator of a facility required to

report pursuant to subsection

(k) (2)

of this

Section shall file a report with the Agency

verifying that closure was completed in accordance

with this Section in the previous calendar year.

m)

Odor complaints.

1)

Except for on—farm landscape waste compost

facilities,

for every odor complaint received, the

operator shall:

A)

Record and report to the Agency within 24

hours after receiving the complaint, the date

and time received, the name of complainant,

the address and phone number of complainant,

if volunteered upon request, and the name of

the personnel receiving the complaint.

B)

Record the date, time, and nature of any

action taken in response to an odor

complaint,

and report such information to the

Agency within

7 days after the complaint.

Section 830.203

Location Standards for Landscape Waste

Compost Facilities

With the exception of on—farm landscape waste operations, all

landscape waste compost facilities subject to this Part shall

comply with the following:

a)

The composting area of the facility must include A

SETBACK OF AT LEAST 200 FEET FROM THE NEAREST POTABLE

WATER SUPPLY WELL.

(Section 39(m)

of the Act.)

b)

The composting area of the facility must be LOCATED

OUTSIDE THE BOUNDARY OF THE 10-YEAR FLOODPLAIN OR THE

SITE SHALL BE FLOODPROOFED.

(Section 39(m)

of the

Act.)

C)

The composting area of the facility must be LOCATED SO

AS TO MINIMIZE INCOMPATIBILITY WITH THE CHARACTER OF

THE SURROUNDING AREA, INCLUDING AT LEAST A 200 FOOT

SETBACK FROM ANY RESIDENCE, AND IN THE CASE OF A

FACILITY THAT IS DEVELOPED OR THE PERMITTED COMPOSTING

AREA OF WHICH IS EXPANDED AFTER NOVEMBER 17,

1991, THE

COMPOSTING AREA must be LOCATED AT LEAST 1/8 MILE FROM

THE NEAREST RESIDENCE (OTHER

THAN

A RESIDENCE LOCATED

ON THE SAME PROPERTY AS THE FACILITY).

(Section 39(m)

of the Act.)

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41

d)

If, at the time the facility permit application is

deemed complete by the Agency pursuant to 35 Ill. Adm.

Code 832, the composting area of the facility is

located within 1/4 mile of the nearest off-site

residence or within 1/2 mile of the nearest platted

subdivision containing a residence, or if more than 10

residences are located within 1/2 mile of the

boundaries of the facility,

in order to minimize

incompatibility with the character of the surrounding

area,

landscape waste must be processed by the end of

the operating day on which the landscape waste is

received into windrows, other piles or a contained

composting system providing proper conditions for

composting.

e)

The composting area of the facility must be designed to

PREVENT

ANY

COMPOST MATERIAL FROM BEING PLACED WITHIN 5

FEET OF THE WATER TABLE, to ADEQUATELY CONTROL RUNOFF

FROM THE SITE,

AND

to COLLECT AND MANAGE ANY landscape

waste LEACHATE THAT IS GENERATED ON THE SITE.

(Section

39(m) of the Act.)

Compliance with the water table

distance requirement may be demonstrated by either of

the following means:

1)

Using published water table maps or other

published documentation to establish the location

of the water table in relation to site elevation;

or

2)

Actual measuring of the water table elevation at

least once per month for three consecutive months.

f)

The facility must meet all requirements under the Wild

and Scenic Rivers Act

(16 U.S.C.

1271 et

seq.).

g)

The facility must not restrict the flow of a 100-year

flood, result in washout of landscape waste from a 100—

year flood,

or reduce the temporary water storage

capacity of the 100—year floodplain, unless measures

are undertaken to provide alternative storage capacity,

such as lagoons, holding tanks, or provision of

drainage around structures at the facility.

h)

The facility must not be located in any area where it

may pose a threat of harm or destruction to the

features for which:

1)

An irreplaceable historic or archaeological site

has been listed pursuant to the National Historic

Preservation Act

(16 U.S.C. 470 et

seq.)

or the

Illinois Historic Preservation Act 20

ILCS 3410;

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42

2)

A natural landmark has been designated by the

National Park Service or the Illinois State

Historic Preservation Office; or

3)

A natural area has been designated as

a Dedicated

Illinois Nature Preserve pursuant to the Illinois

Natural Areas Preservation Act 525

ILCS 30).

i)

The facility must not be located in any area where it

may jeopardize the continued existence of any

designated endangered species, result in the

destruction or adverse modification of the critical

habitat for such species, or cause or contribute to the

taking of any endangered or threatened species of

plant,

fish or wildlife listed pursuant to the

Endangered Species Act

(16 U.S.C.

1531 et.

seq.),

or

the Illinois Endangered Species Protection Act 520

ILCS 10.

Section 830.204

Additional Stormwater and Landscape Waste

Leachate Controls at Permitted Landscape

Waste Compost Facilities

In addition to the leachate control requirement set forth in

Section 830.202(g), all permitted landscape waste compost

facilities must comply with the following:

a)

Stormwater or other water which comes into contact with

landscape waste received, stored, processed or

composted, or which mixes with landscape waste

leachate, must be considered landscape waste leachate

and must be collected and reused in the process,

properly disposed of off—site, or treated as necessary

prior to discharge off-site to meet applicable

standards of 35 Ill. Adm. Code Subtitle C.

b)

Ponding of landscape waste leachate within the facility

must be prevented, except to the extent done by design

and approved in the facility permit.

c)

Soil surfaces used for composting must be allowed to

dry periodically in order to promote aerobic conditions

in the soil subsurface.

Section 830.205

Additional Operating Standards for Permitted

Landscape Waste Compost Facilities

All permitted landscape waste compost facilities must comply with

the following operating standards,

in addition to those set forth

in Sections 830.202 and 830.204:

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43

a)

Composting Process

1)

All permitted landscape waste compost facilities

must meet the following composting process

standards:

A)

Landscape waste must be processed within 24

hours after receipt at the facility into

windrows, other piles or a contained

composting system providing proper conditions

for composting.

Incoming leaves, and brush

or woody landscape waste, may be stored in

designated areas for use as a carbon source

and bulking agent,

if so provided as a permit

condition, rather than being processed in

windrows or other piles.

B)

Unless the facility is designed for anaerobic

composting, the operator shall take measures

to adjust the oxygen level,

as necessary, to

promote aerobic composting.

Aeration

intensity must be altered to suit the varying

oxygen requirements that different landscape

wastes may have.

C)

The operator shall take measures to maintain

the moisture level of the composting material

within a range of 40

to 60

on a dry weight

basis.

D)

The staging area must be adequate in size and

design to facilitate the unloading of

landscape waste from delivery vehicles and

the unobstructed maneuvering of vehicles and

other equipment.

E)

Neither landscape waste nor composting

material may be mixed with end-product

compost ready to be sold or offered for use.

This prohibition shall not apply to the use

of end—product compost as an amendment to

composting material.

F)

The facility must have sufficient equipment

and personnel to process incoming volumes of

landscape waste accepted within the time

frames required in this Section, and

sufficient capacity to handle projected

incoming volumes of landscape waste.

C)

The operator shall obtain written

authorization from the Agency to use any

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44

additive, other than water, prior to its use.

Unless otherwise authorized any additive, or

combination of additives,

other than water,

must not exceed 10,

by volume, of the

composting material.

2)

An operator of a permitted landscape waste compost

facility using an open composting process shall

turn each windrow or other pile at least four

times per year and not less than once every six

months.

This provision does not apply to

composting systems designed for anaerobic

conditions.

3)

An operator of a permitted landscape waste compost

facility using a contained composting process

shall have mechanisms to control moisture, air

flow and air emissions.

These mechanisms must be

operated and maintained throughout the landscape

waste composting process as specified in any

permit required pursuant to 35 Ill. Adm. Code 831.

4)

Operators of permitted facilities required to

process composting material to further reduce

pathogens shall comply with the applicable thermal

processing requirement among the following:

A)

If the facility uses a windrow composting

process, during a 15 consecutive day period

the temperature throughout each windrow must

be maintained at 55°Cor greater and, during

the same period, each windrow must be turned

a mininiuju of 5 times;

B)

If the facility uses an aerated static pile

composting process, the composting material

must be covered with 6 to 12 inches of

insulating material, and the temperature

throughout each pile material must be

maintained at 55°Cor greater for

3

consecutive days; and

C)

If the facility uses an in-vessel composting

process, the temperature of the composting

material throughout the mixture must be

maintained at 55°Cor greater for

3

consecutive days.

b)

Composting Surface

1)

Open Composting Processes

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45

A)

Composting areas must be:

i)

Located on relatively impermeable soils,

as demonstrated by actual measurement;

ii)

Located on a base with resistance to

saturated flow equivalent to the

resistance of relatively impermeable

soil; or

iii) Subject to an early detection and

groundwater monitoring program, pursuant

to subsection

(m) (3) of this Section.

B)

The composting surface must be constructed

and maintained to allow:

i)

Diversion of runon waters away from the

landscape waste and compost;

ii)

Management of runoff waters and

landscape waste leachate in accordance

with Section 830.204; and

iii) Facility operation during all weather

conditions.

C)

The surface of the landscape waste composting

area of the facility must be sloped at two

percent or greater unless an alternative

water management system to promote drainage

and to prevent surface water ponding is

approved in the facility permit.

2)

Contained Composting Processes

A)

Composting areas at facilities at which

composting material or leachate comes into

contact with an open composting surface must

be:

i)

Located on relatively impermeable soils,

as demonstrated by actual measurement;

ii)

Located on a base with resistance to

saturated flow equivalent to the

resistance of relatively impermeable

soil;

or

iii)

Subject to an early detection and

groundwater monitoring program, pursuant

to subsection

(in) (3)

of this Section.

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46

B)

The composting surface must support all

structures and equipment.

c)

Utilities.

All utilities necessary for safe operation

in compliance with the requirements of this Part,

including, but not limited to,

lights, power, water

supply and communications equipment, must be available

at the facility at all times.

d)

Maintenance.

The operator shall maintain and operate

all systems and related appurtenances and structures in

a manner that facilitates proper operations in

compliance with the requirements of this Part.

If a

breakdown of equipment occurs, standby equipment must

be used or additional equipment brought on site as

necessary to comply with the requirements of this Part

and any pertinent permit conditions.

e)

Open Burning.

Open burning is prohibited except in

accordance with 35 Ill. Adm. Code 200 through 245.

f)

Dust Control.

The operator shall implement methods for

controlling dust in accordance with Subparts B and K of

35 Ill.

Adm. Code 212.

g)

Noise Control.

The facility must be designed,

constructed, operated and maintained so as not to cause

or contribute to a violation of 35 Ill. Adm. Code 900

through 905 or of Section 24 of the Act.

h)

Vector Control.

Insects,

rodents, and other vectors

must be controlled so as not to cause or contribute to

a violation of the Act.

1)

Fire Protection.

The operator shall institute fire

protection measures including,

but not limited to,

maintaining a supply of water and radio or telephone

access to the nearest fire department.

Fire

extinguishers must be provided at two separate

locations within the facility.

j)

Litter Control.

The operator shall control litter at

the facility.

At a minimum:

1)

The operator shall patrol the facility daily to

check for litter accumulation.

All litter must be

collected in a secure container for later

disposal; and

2)

Litter must be confined to the property on which

the facility is located.

At the conclusion of

each day of operation, any litter strewn beyond

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47

the confines of the facility must be collected and

disposed of at a facility approved to receive such

waste in accordance with the applicable Board

regulations.

k)

Management of Non—compostable Wastes.

The operator

shall develop management procedures for collection,

containment and disposal of non—coiupostable wastes

received at the facility.

Disposal must be at a

facility approved to receive such waste in accordance

with applicable Board regulations at 35 Ill. Adm. Code

810 through 815.

1)

Mud Tracking.

The operator shall implement measures,

such as the use of wheel washing units or rumble

strips, to prevent tracking of mud by delivery vehicles

onto public roadways.

in)

Monitoring

1)

At a minimum, for batch, windrow and pile systems:

A)

The temperature of each batch, windrow or

pile of composting material must be monitored

on a weekly basis;

B)

The moisture level in each batch, windrow or

pile of composting material must be monitored

once every two weeks; and

C)

For aerobic composting, the oxygen level of

each batch, windrow or pile of composting

material must be monitored weekly.

2)

At a minimum, for in—vessel continuous feed

systems:

A)

The temperature of the composting material

must be monitored daily;

B)

The moisture of the coiuposting material must

be monitored daily,

unless otherwise

authorized by the Agency in a facility

permit; and

C)

For aerobic composting by means of an in—

vessel continuous feed system, the oxygen

level of the composting material must be

monitored daily.

3)

Early detection and groundwater monitoring,

if

required pursuant to Section 830.205(b) (1) (A) or

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48

Section 830.205(b) (2) (A), shall be done in

accordance with 35 Ill. Adm. Code 830.Appendix A.

Section 830.206

Operating Plan for Permitted Landscape Waste

Compost Facilities

All activities at a permitted facility associated with composting

must be conducted in accordance with an operating plan

containing,

at a minimum, the following information:

a)

Designation of personnel, by title,

responsible for

operation, control and maintenance of the facility;

b)

A description of the anticipated quantity and variation

throughout the year of waste to be received;

c)

Methods for measuring incoming waste;

d)

Methods to control the types of waste received,

in

accordance with Section 830.209, and methods for

removing, recovering and disposing of non—compostables,

in accordance with Sections 830.205(k),

830.207 and

830.209;

e)

Methods to control traffic and to expedite unloading in

accordance with Section 830.205(a) (1) (D);

f)

Management procedures that will be used in composting,

which must include:

1)

A description of any treatment the wastes will

receive prior to windrowing

(e.g.,

chipping,

shredding)

and the maximum length of time required

to process each day’s receipt of waste into

windrows;

2)

The specifications to which the windrows will be

constructed (width,

height, and length) and

calculation of the capacity of the facility;

3)

A list of additives,

including the type,

amount

and origin, that will be used to adjust moisture,

temperature, oxygen transfer, pH, carbon to

nitrogen ratio, or biological characteristics of

the composting material, and rates and methods of

application of such additives; and

4)

An estimate of the length of time necessary to

complete the composting process.

g)

Methods to minimize odors.

In addition to the

requirements specified in 830.202 (e), the operating

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49

plan must include:

1)

A management plan for bad loads;

2)

A demonstration that the processing and management

of anticipated quantities of landscape waste can

be accomplished during all weather conditions;

3)

Procedures for receiving and recording odor

complaints,

investigating immediately in response

to any odor complaints to determine the cause of

odor emissions, and remedying promptly any odor

problem at the facility;

4)

Additional odor-minimizing measures, which may

include the following:

A)

Avoidance of anaerobic conditions in the

composting material;

B)

Use of mixing for favorable composting

conditions;

C)

Formation of windrow or other pile into a

size and shape favorable to minimizing odors;

and

D)

Use of end—product compost as cover to act as

a filter during early stages of composting.

h)

Methods to control stormwater and landscape waste

leachate,

in accordance with Section 830.204;

i)

Methods to control noise, vectors and litter,

in

accordance with Section 830.205;

j)

Methods to control dust emissions,

in accordance with

Section 830.205(f), which must include:

1)

Consideration of the following factors prior to

turning or moving the composting material:

A)

Time of day;

B)

Wind direction;

C)

Percent moisture;

D)

Estimated emission potential; and

E)

Degree of maturity; and

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50

2)

Maintenance of roads, wetting of roads, use of

dust control agents, or any combination of these

methods;

k)

Methods for monitoring temperature,

oxygen level and

moisture level of the composting material,

in

accordance with Section 830.205(m);

1)

Methods for adjusting temperature, oxygen level and

moisture level of the composting material,

in

accordance with Section 830.205(a);

in)

Recordkeeping and reporting procedures required

pursuant to Section 830.211; and

n)

Methods to obtain composite samples and test end-

product compost to demonstrate compliance with Subpart

E of this Part.

Section 830.207

Salvaging at Permitted Landscape Waste

Compost Facilities

a)

Salvaging operations at permitted landscape waste

compost facilities must not interfere with the

operation of the landscape waste facility or result in

a violation of any standard in this Part.

b)

All salvaging operations must be performed in a safe

and sanitary manner in compliance with the requirements

of this Part.

c)

Salvageable materials:

1)

May be accumulated on—site by the operator,

provided they are managed so as not to create a

nuisance, harbor vectors, cause malodors,

or

create an unsightly appearance; and

2)

Must not be accumulated in a manner meeting the

definition of a waste pile.

Section 830.208

Access Control at Permitted Landscape Waste

Compost Facilities

The operator of a permitted landscape waste compost facility

shall implement controls to limit unauthorized access,

in order

to prevent random dumping and to ensure safety at the facility.

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51

Section 830.209

Load Checking at Permitted Landscape Waste

Compost Facilities

a)

Each load received at a permitted landscape waste

compost facility must be inspected, upon receipt, for

its acceptability at the facility and must be visually

checked, prior to processing,

for noncompostable waste.

b)

The facility must reject unacceptable loads.

Section 830.210

Personnel Training for Permitted Landscape

Waste Compost Facilities

a)

The operator of a permitted landscape waste compost

facility shall provide training to all personnel prior

to initial operation of a composting facility.

In

addition, annual personnel training shall be provided,

which must include, at a minimum,

a thorough

explanation of the operating procedures for both normal

and emergency situations.

b)

New employees shall be trained, prior to participating

in operations at the facility,

in facility operations,

maintenance procedures,

and safety and emergency

procedures relevant to their employment.

c)

The operator shall have personnel sign an

acknowledgement stating that they have received the

training required pursuant to this Section.

d)

The facility operating plan required pursuant to

Section 830.206 must be made available and explained to

all employees.

Section 830.211

Recordkeeping for Permitted Landscape Waste

Compost Facilities

a)

Copies of the facility permit, design plans,

operating

plan, and any required reports must be kept at the

facility, or at a definite location specified in the

operating plan or permit, so as to be available during

inspection of the facility.

b)

The operator shall record the following information:

1)

The quantity of each load of landscape waste

received;

2)

The origin, type and quantity of any additive

accepted, when received at the facility;

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52

3)

The type and quantity of any additive used in the

composting process (water added during composting

need not be quantified), as quantified based on a

monthly review of additives remaining;

4)

The dates of turning of each windrow or other

pile;

5)

All monitoring data required pursuant to a

facility permit;

6)

Conditions evaluated pursuant to Section 830.206;

7)

For any odor complaint received, the information

collected pursuant to Section 830.202(m);

8)

Details of all incidents that require

implementation of the facility’s contingency plan,

in accordance with Section 830.212, and methods

used to resolve them;

9)

Records pertaining to sampling and testing,

as

follows:

A)

Locations in the composting area from which

samples are obtained;

B)

Number of samples taken;

C)

Volume of each sample taken;

D)

Date and time of collection of samples;

E)

Name and signature of person responsible for

sampling;

F)

Name and address of laboratory receiving

samples,

if applicable; and

C)

Signature of person responsible for sample

analysis.

10)

The daily quantity of each type of end-product

compost removed from the facility, according to

end—product compost classification provided in

Subpart E of this Part; and

11)

Verification that requisite personnel training has

been done,

in accordance with Section 830.210.

c)

The operator shall keep dated copies of the end-product

compost analyses required pursuant to Section 830.504.

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53

d)

The records required pursuant to this Section must be

made available during normal business hours for

inspection and photocopying by the Agency.

Such

records must be kept for a period of three years,

subject to extension upon written request by the Agency

and automatic extension during the course of any

enforcement action relating to the facility.

Records

must be sent to the Agency upon request.

Section 830.212

Contingency Plan for Permitted Landscape

Waste Compost Facilities

a)

A contingency plan must be established, addressing the

contingencies set forth in Section 830.202(c)

and the

following additional contingencies:

1)

Equipment breakdown;

2)

Odors;

3)

Unacceptable waste delivered to the facility;

4)

Groundwater contamination;

5)

Any accidental release of special waste; and

6)

Conditions such as fires, dust, noise, vectors,

power outages and unusual traffic conditions.

b)

The facility contingency plan must be available on—site

and implemented as necessary.

Section 830.213

Closure Plan for Permitted Landscape Waste

Compost Facilities

a)

A written closure plan must be developed which

contains, at a minimum, the following:

1)

Steps necessary for the premature final closure of

the facility under circumstances during its

intended operating permit term when the cost of

closure would be the greatest;

2)

Steps necessary for, and a schedule for the

completion of, the routine final closure of the

facility at the end of its intended operating

life;

and

3)

Steps necessary to prevent damage to the

environment during temporary suspension of

landscape waste acceptance if the facility permit

allows temporary suspension of landscape waste

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54

acceptance at the facility without initiating

final closure.

b)

Until completion of closure has been certified, the

operator shall maintain a copy of the closure plan at

the facility or at a definite location, specified in

the facility permit, so as to be available during

inspection of the facility.

c)

An operator of a facility shall develop and file a

revised closure plan upon modification of the

operations of the facility which affect the cost of

closure of the facility or any portion thereof, which

include, but are not limited to:

1)

A temporary suspension of landscape waste

acceptance at the facility; or

2)

An increase in the design capacity at the facility

to process landscape waste.

d)

The operator shall initiate implementation of the

closure plan within 30 days following the beginning of

closure.

e)

Not later than 30 days following the beginning of

closure, the operator shall post signs, easily visible

at all access gates leading into the facility.

The

text of such signs must read,

in letters not less than

three inches high:

“This facility is closed for all

composting activities and all receipt of landscape

waste materials.

No dumping allowed.

Violators will

be prosecuted.”

Such signs must be maintained in

legible condition until certification of completion of

closure is issued for the facility by the Agency.

f)

Notice of Closure.

The operator shall send notice of

closure to the Agency within 30 days following the

beginning of closure.

A compost closure report must be

submitted to the Agency, on a form provided by the

Agency, which must cover the time elapsed since the end

of the last annual report period.

g)

Certificate of Completion of Closure.

1)

Upon completion of closure, the operator shall

prepare and submit to the Agency an affidavit, on

a form provided by the Agency, stating that the

facility has been closed in accordance with the

closure plan.

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55

2)

Upon finding that the facility has been closed in

accordance with the closure plan,

the Agency shall

issue a certificate of completion of closure and

shall terminate the facility permit.

h)

The operator of a permitted facility shall maintain

financial assurance as provided in Subpart F.

SUBPART E:

QUALITY OF END-PRODUCT COMPOST

Section 830.501

Scope and Applicability

a)

END-PRODUCT COMPOST USED AS DAILY COVER OR VEGETATIVE

AMENDMENT IN THE FINAL LAYER of a landfill is exempt

from the requirements set forth in this Subpart.

(Section 22.33(c)

of the Act.)

b)

The provisions set forth in Sections 830.502,

830.503,

and 830.507 of this Subpart apply to all end—product

compost subject to this Part.

c)

In addition, the provisions set forth in Sections

830.504 and 830.508 apply to all end-product compost

derived from landscape waste and subject to this Part.

Section 830.502

Compost Classes

For the purpose of this Part,

end—product compost must be

classified in the following manner:

a)

General Use Compost:

End—product compost which meets

the standards set forth in Section 830.503.

b)

Designated Use Compost: End-product compost which does

not qualify as general use end—product compost.

Designated use compost must be used only AS DAILY COVER

OR VEGETATIVE AMENDMENT IN THE FINAL LAYER at a

landfill.

(Section 22.33(c)

of the Act.)

Section 830.503

Performance Standards for General Use Compost

General—use compost:

a)

Must be free of any materials which pose a definite

hazard to human health due to physical characteristics,

such as glass or metal shards;

b)

Must not contain man—made materials larger than four

millimeters in size exceeding 1

of the end-product

compost, on a dry weight basis;

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56

c)

Must have a pH between 6.5 and 8.5;

d)

Must have reached stability,

as demonstrated by one of

the methods prescribed in Section 830.Appendix B;

e)

Must not exceed, on a dry weight basis, the inorganic

concentrations set forth in Section 830.Table A; and

f)

Must not contain fecal coliforin populations that exceed

1000

MPN

per gram of total solids

(dry weight basis),

or Salmonella species populations that exceed

3

MPN

per

4 grams of total solids

(dry weight basis)

Section 830.504

Testing Requirements for End—Product Compost

Derived from Landscape Waste

a)

Operators shall perform testing to demonstrate

compliance with the standards set forth in subsections

(b)

-

(e) of Section 830.503.

Such testing must be

done in accordance with the methods set forth in

Section 830.Appendix B, except that an alternative

method or methods may be used to demonstrate compliance

with any of these standards,

if approved in writing by

the Agency.

b)

Operators of facilities which are authorized to use an

additive pursuant to Section 830.205(a) (1) (G) which may

cause an exceedence of Section 830.503(f) shall test

for pathogens using the method set forth in Section

830.Appendix

B, except that an alternative method or

methods may be used to demonstrate compliance with any

of these standards,

if approved in writing by the

Agency.

c)

For any facility not required to have a permit, no

testing need be done to demonstrate compliance with the

inorganics standards set forth in Section 830.Table A

for general use compost derived from landscape waste.

d)

End—product compost derived from landscape waste must

be tested for the parameters set forth in Section

830.503 at a frequency of:

1)

Once every 5,000 cubic yards of end-product

compost transported off—site; or

2)

Once per year,

if less than 5,000 cubic yards of

end—product compost are transported off—site per

year.

---

57

Section 830.507

Sampling Methods

Sample collection,

preservation, and analysis must be done in a

manner which assures valid and representative results.

A

composite sample must be prepared by one of the following

methods:

a)

Twelve grab samples, each 550 milliliters in size, must

be taken from the end-product compost at the facility,

in the following manner:

1)

Four grab samples from points both equidistant

throughout the length and at the center of the

windrow or other pile, at a depth not less than

one meter from the surface of the windrow or other

pile;

2)

Four grab samples from points both equidistant

throughout the length and one quarter the width of

windrow or other pile,

at a depth not less than

half the distance between the surface and the

bottom of the windrow or other pile; and

3)

Four grab samples from points both equidistant

throughout the length and one eighth the width of

the windrow or other pile, at a depth not less

than half the distance between the surface and the

bottom of the windrow or other pile.

4)

The twelve grab samples must be thoroughly mixed

to form a homogenous composite sample. Analyses

must be of a representative subsample. The sample

holding times,

sample container types and minimum

collection volumes listed in Section 830.Table B

shall apply; or

b)

Sampling methods set forth in Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods

(SW—

846), incorporated by reference at 35 Ill. Adm. Code

830.103.

Section 830.508

Off-Specification Compost

End—product compost derived from landscape waste which does not

meet the standards for general use compost set forth in this

Subpart must be further managed as landscape waste or as

designated use compost.

---

58

SUBPART F:

FINANCIAL

ASSURANCE

Section 830.601

Scope and Applicability

a)

This Subpart provides procedures by which the operator

of any composting facility required, pursuant to 35

Ill. Adm. Code 831, to have a permit shall demonstrate

compliance with the financial assurance plan

requirement set forth in Section 22.33 of the Act.

b)

The operator is not required to comply with the

provisions of this Subpart if the operator demonstrates

that:

1)

Closure and post—closure care plans filed pursuant

to 35 Ill. Adm. Code 724,

725, 807 or 811 will

result in closure of the facility in accordance

with the requirements of this Part; and

2)

The operator has provided financial assurance

adequate to provide for such closure and post—

closure care pursuant to 35 Ill.

Adm. Code 724,

725,

807 or 811.

Section 830.602

Financial Assurance Plan

The operator shall develop and have at the facility, and submit

to the Agency in accordance with 35 Ill. Adm. Code 831.112,

a

financial assurance plan containing,

at a minimum, the following

information:

a)

A written cost estimate, determined pursuant to Section

830.603, covering the maximum cost of premature final

closure; and

b)

The financial mechanism chosen by the operator to

comply with the requirement set forth in Section

830.604(a).

Section 830.603

Written Cost Estimate

a)

The written cost estimate required pursuant to Section

830.602(a) must be based on the steps necessary to

complete closure in accordance with Section 830.213,

and must include an itemization of the cost to complete

each step.

b)

The operator shall revise the current cost estimate

whenever a change in the closure plan increases the

cost estimate.

---

59

Section 830.604

Financial Assurance Fund

a)

The operator must maintain financial assurance equal to

or greater than the amount provided as a written cost

estimate in the financial assurance plan.

b)

The funds comprising financial assurance must be used

to cover the cost of closure.

c)

Upon certification of completion of closure, any

financial assurance funds remaining will be made

available for unrestricted use.

Section 830.605

Financial Assurance Mechanism

a)

The operator may utilize either of the following

mechanisms to comply with Section 830.604:

1)

A cash reserve fund; or

2)

Self—insurance.

b)

An operator choosing to use a cash reserve account as

the mechanism by which to comply with Section 830.604

shall:

1)

Fully fund the account within one year after the

initial receipt of waste,

except that facilities

in operation on November 10, 1994 of this Part

shall fully fund the account by November 10,

1995;

and

2)

Thereafter maintain full funding pending the

expenditure of such funds to cover the costs of

closure.

c)

An operator choosing to use self—insurance as the

mechanism by which to comply with subsection

(a) of

this Section shall have:

1)

Net working capital and tangible net worth each at

least six times the current cost estimate;

2)

Tangible net worth of at least $10 million;

3)

Assets in the United States amounting to at least

90 percent of the operator’s total assets and at

least six times the current cost estimate; and

---

60

4)

Either:

A)

Two

of the following three ratios:

a ratio of

total liabilities to net worth of less than

2.0;

a ratio of the sum of net income plus

depreciation, depletion and amortization to

total liabilities of greater than 0.1; or a

ratio of current assets to current

liabilities of greater than 1.5; or

B)

A current rating of AAA, AA, A or BBB for its

most recent bond issuance, as issued by

Standard and Poor,

or a rating of Aaa, Aa, A

or Bbb, as issued by Moody.

Section 830.606

Financial Assurance Certification

The operator shall submit to the Agency by November 10,

1995 and

every year thereafter as part of the annual report,

a Composting

Facility Financial Assurance Plan Compliance Certification, so

titled, which contains the following information:

a)

Operator name;

b)

Illinois Inventory Identification Number and Permit

Number assigned by the Agency;

c)

Facility name;

d)

Address and county in which the facility is located;

and

e)

A statement certifying compliance with the provisions

of this Subpart.

---

61

Section 830.Appendix A

Early Detection and Groundwater

Monitoring Program

The operator of a compost facility subject to the monitoring

requirements of

35 Ill. Adm. Code 830.205(b) (1) (A)

or 35 Ill.

Adm. Code 830.205(b) (2) (A)

shall implement an Agency-approved

monitoring program using, at a minimum, the procedures and

standards set forth in this Appendix.

a)

Program.

1)

The operator shall perform a hydrogeologic site

investigation pursuant to subsection

(b)

of this

Appendix to characterize the subsurface and determine

the location and quality of groundwater beneath the

facility.

2)

An appropriate monitoring system must be designed,

capable of determining the compost facility’s impact or

potential impact on the quality of groundwater beneath

the facility.

3)

If the water table is located greater than ten

(10)

feet below ground surface and the soil has been

classified as a soil exhibiting moderate or poor

drainage by the U.S. Department of Agriculture’s Soil

Conservation Service on a published county soil survey

map, the owner or operator shall install either an

early detection system, pursuant to subsection

(d) (1)

of this Section, or a groundwater monitoring system,

pursuant to subsection

(d) (2)

of this Section.

Otherwise,

a groundwater monitoring system must be

installed, pursuant to subsection

(d) (2)

of this

Section.

4)

If either early detection monitoring or groundwater

monitoring indicates an impact on underground water

beneath the facility, a site evaluation must be

performed, using the procedures set forth in subsection

(e)

of this Section, and remedial action implemented,

if appropriate.

5)

The results of the hydrogeologic site investigation

and the proposed monitoring system design must be

submitted to the Agency as part of an application for a

facility permit.

b)

Hydrogeologic Site Investigation.

The operator shall

conduct a hydrogeologic site investigation to obtain the

following information:

---

62

1)

The regional hydrogeologic setting of the facility,

using material available from Illinois scientific

surveys,

state and federal organizations, water well

drilling logs and previous investigations.

A complete

list of references and any well logs utilized must be

submitted to the Agency with the results of the

hydrogeologic site investigation;

2)

The site-specific hydrogeologic setting of the

facility, using continuously sampled borings of the

site and information collected from on—site piezometers

or monitoring wells.

At a minimum, borings must be to

a depth of ten

(10)

feet;

3)

Soil characteristics,

including soil types and physical

properties of the underlying strata, including the

potential pathways for contaminant migration.

Any

confining unit relative to waste constituents expected

to be present must be identified;

4)

Water-bearing sediments or geologic units beneath the

facility, their classification pursuant to

35

Ill.

Adin.

Code 620 and the direction and rate of groundwater

flow.

Also, regional and local areas of groundwater

discharge and recharge affecting groundwater at the

facility must be identified; and

5)

Water quality beneath the facility,

including any

potential impact on groundwater.

The groundwater

quality analysis must take into account the type of

compost facility and its expected leachate

constituents.

c)

All drill holes,

including exploration borings that are not

converted into monitoring wells, monitoring wells that are

no longer necessary to the operation of the facility, and

other holes that may cause or facilitate contamination of

groundwater, must be sealed in accordance with the standards

of

35 Ill. Adm. Code 811.316.

d)

Monitoring System

1)

Early Detection System

A)

Monitoring device(s) must be installed:

i)

Hydraulically upgradient from the facility or

at sufficient distance from the composting

area so as not to be affected by it, to

establish representative background water

quality in the waters beneath

(or near)

the

facility; and

---

63

ii)

Beneath and around the composting area,

sufficient to enable early detection of the

downward migration of constituents related to

the composting activities at the facility.

B)

The parameters monitored must be those expected to

be in the leachate, taking into consideration the

type of compost facility.

C)

If lysimeters are utilized, the following

requirements must be used in designing an adequate

monitoring system;

i)

Lysimeters must be located, when possible,

in

a depression in the path of site runoff in

each direction of flow and topographically

low areas associated with the unit(s).

ii)

At a minimum, each lysimeter must be sampled

within 48 hours after each rain event

exceeding 0.5 inches, provided that the rain

event is not within two weeks after the date

previous samples were successfully collected.

iii) Any lysimeter placed around the perimeter

must be installed at an angle so that the cup

of the lysimeter is beneath the unit(s).

2)

Groundwater Monitoring System

A)

Monitoring well(s) must be installed:

1)

Hydraulically upgradient from the facility,

to establish representative background water

quality in the groundwater beneath

(or near)

the facility; and

ii)

Hydraulically downgradient

(i.e.,

in the

direction of decreasing static head)

from

the compost facility.

Locations and depths

of monitoring wells must ensure detection of

waste constituents that migrate from the

waste management unit to the groundwater.

B)

The parameters monitored must be those expected to

be in the leachate, taking into consideration the

type of compost facility.

C)

The groundwater monitoring system must be

installed at the closest practicable distance from

the composting area boundary, or at an alternative

distance specified by permit.

---

64

3)

Approval of any early detection monitoring system or

groundwater monitoring system must be obtained from the

Agency prior to operation.

e)

Evaluation

1)

Further evaluation of an impact to underground water

must be required if:

A)

An exceedence of the appropriate standard as

stated in 35 Ill. Adm. Code 620 is confirmed;

B)

A progressive increase in measured parameters

other than pH is observed over two consecutive

sampling events;

or

C)

Where groundwater monitoring wells are used,

a

statistical increase over background or upgradient

concentrations, calculated in accordance with 35

Ill. Adm. Code 811.320(e),

is observed.

2)

An impact as described in subsection

(e) (1) (A) or

(e) (1) (C)

of this Section must be confirmed by

resampling the underground water within 30 days after

the date on which the first sample analyses are

received.

The operator shall provide notification to

the Agency of the results of the resampling analysis

within 30 days after the date on which the sample

analyses are received, but no later than 90 days after

the first samples were taken.

3)

Within 60 days after the confirmation of impact but no

later than 120 days after the date on which the first

sample was taken, the operator shall propose as a

permit modification a plan to address the impact, which

may include further evaluation of data,

including the

use of appropriate statistical methods, groundwater

monitoring or remedial action.

---

65

Section 830.APPENDIX B

Performance Test Methods

a)

Man—made materials

1)

Take four 250 gram samples.

2)

Dry samples at 70°C for 24 hours.

Let sample cool to

room temperature

(20 to 25°C).

3)

Weigh each sample and pass through a four millimeter

screen.

Inspect material remaining on the screen, and

separate and weigh man—made materials.

Calculate

percent man—made materials relative to the total dry

weight of the sample prior to screening.

b)

Pathogens

The end product compost must be tested to demonstrate

compliance with one of the pathogen reduction standards set

forth in Section 830.503(f).

Such testing must be done in

accordance with Standard Methods for the Examination of

Water and Wastewater Part 9221

E or Part 9222 D,

incorporated by reference at 35 111. Adm. Code 830.103,

for

fecal coliform, and Standard Methods for the Examination of

Water and Wastewaters Part 9260 D incorporated by reference

at 35 Ill. Adm. Code 830.103, for Salmonella sp. bacteria.

c)

pH

The following protocol must be used to determine the pH of

the compost:

North Central Regional Publication 221, Method 14; or EPA

Method 9045 in Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods

(SW-846), both incorporated by

reference at 35 Ill.

Adia.

Code 830.103.

d)

Stability

The operator shall demonstrate that the composite sample has

reached stability by showing either:

1)

That the compost does not reheat, upon standing, to

greater than 20°C above room temperature

(20 to 25°C).

The degree of reheating must be measured using the

following method:

A)

Take 4 liters of composite sample and adjust the

moisture of the end-product compost so it falls

within the range of 45 to 55

water on a dry

weight

basis;

---

66

B)

Fill a

2 liter Dewar flask

(100 millimeters,

inside diameter)

loosely with sample within

acceptable moisture range and gently tap to

simulate natural settling.

Keep at room

temperature

(20

to

25° C).

C)

Insert thermometer into Dewar flask to a point

5

centimeters from bottom of flask.

Do not push

thermometer against bottom of flask.

D)

Record time and temperature each day for 15 days

to determine when the highest point is reached.

After each reading,

shake down the thermometer; or

2)

That the end—product compost supports a germination

rate of 70

for annual ryegrass and radish using the

following protocol:

A)

Mix 4 liters vermiculite with

4 grams of air-dried

soil.

B)

Take 1 liter of the composite sample with a

moisture level within the range of 45 to 55,

on a

dry weight basis; if necessary, adjust the

moisture level until within such range.

C)

In three 2-liter containers, combine the

vermiculite—soil mix with the compost sample at

the following ratios:

Blend

Vermiculite—Soil Mix

Compost

(45 to 55

moiature)

(dry weight baeia)

(grams)

(grams)

A

320

960

(75

compost,

w/w)

B

640

640

(50

compost, w/w)

C

1,280

0

(Control)

D)

Break up lumps of compost with

a spatula or

trowel.

Moisten the blend with water.

E)

Cover each container with plastic wrap and mix

well by inverting each container 20 times.

F)

Transfer each blend into four 4-inch pots.

Fill

the pots to the brim and firm the surface by

pressing down with the bottom of another 4-inch

---

67

pot.

Leave about

2 to

5 centimeters of space

between surface of the blend and the top of the

pot.

G)

Add approximately 50 milliliters of water soluble

fertilizer

(e.g., 20—20—20 NPK, fish emulsion)

diluted to half-strength to each pot.

H)

Place 10 seeds of annual ryegrass and 10 radish

seeds onto the surface of the moistened blend.

Cover the seeds with about

1 centimeter dry

vermiculite.

I)

Set the pots in a tray of warm water and let them

remain there until capillary action has drawn

water up and moistened the surface of the blend.

Remove the pots from the tray when moisture from

the bottom—watering is observed.

J)

Put pots in an environment suitable for plant

growth

(e.g.,

8 to 12 hours of light daily,

30 to

60

humidity, 20 to 25°C).

Check pots daily to

determine if watering is needed.

Blends should be

kept evenly moist.

If necessary, cover each pot

with plastic wrap until the seedlings emerge.

Remove plastic wrap at the first sign of

emergence.

K)

Seven days after planting the seeds,

count

emergent seedlings in each pot and record visual

observations of relative plant conditions

identified in Section 830.Table C.

L)

Calculate the percent germination of plants in

each blend relative to the control pot, using the

formula set forth in Section 830.Table C.

---

68

Section 830.Table A Inorganic Concentration Limits for General

Use Compost

Maximum

Test Method

Concentration Limit

(SW—846

(mg/kg dry weight basis

Arsenic

41

7060 or 7061

Cadmium

21

7130 or 7131 or

6010

Chromium

1,200

7190

or

7191

or

6010

Copper

1,500

7210 or 7211 or

6010

Lead

300

7420

or

7421

or

6010

Mercury

17

7471

Nickel

420

7520 or 6010

Selenium

36

7740 or 7741

Zinc

2,800

7950 or 7951 or

6010

---

69

Section 830.Table B Sampling and Handling Requirements

Parameter

Container

Minimum

Preservation

Maximum

~ype

Sample

Storage

Size

Time

(ml)

Man—made

materials

P,

G

1,000

Do

not

freeze

28days

pH

P,

G

50

Analyze

immediately

Seed

Germination

P,

G

1,000

Analyze

immediately

Self-heating

P,

G

4,000

Analyze

immediately

Pathogens

P,

C

500

Cool

to

4°C

2

weeks

Inorganic

P(A),

G(A)

500

Cool to 4°C

6 months

P

=

plastic;

G

=

glass; G(A),

P(A)

=

rinsed with acid cleaning

solution

(1 part water to 1 part concentrated

HNO3)

---

70

Section

830.Table

C

Seed

Germination

Record

Sheet

Date

Test

Initiated:

Date Test Read:

Person responsible for test:

Germination

Blend

Pot

ID

Number

of

Number

of

Annual

Rvegrass

Seedlings

Radish

Seedlings

A

A1

A

A2

A

A3

A

A4

B

B1

B

B2

B

B3

B

B4

C

C1

C

C2

C

C3

C

C4

Annual

Ryegrass

Blend A

=

+

A2

+

A3

+

A1) /4

X

100

=

Germination

(C1

+

C2

+

C3

+

Blend

B

=

+

B~+

B3

+

B4)/4

X

100

=

Germination

(C1

+

C2

+

C3

+

C4)/4

Radish

Blend

A

=

+

A~±~A3

+

A4) /4

X

100

=

Germination

(C1

+

C2

+

C3

+

Blend

B

=

+

~

B3

+

B1) /4

X

100

=

Germination

(C1

+

C2

+

C3

+

---

71

General Plant Conditions

BLEND

A

Condition

Pots

Seedling

Parameter None Slight

Moderate

High

A1

-

A4

Ryegrass

Wilting

A1

-

A4

Ryegrass

Chlorosis

A1

—

A4

Ryegrass

Discoloration

A1

—

A4

Ryegrass

Malodorous

A1

-

A4

Ryegrass

Fungal Growth

Other

Comments:

BLEND

B

Condition

Pots

Seedling

Parameter

None

Slight

Moderate

High

B1

-

B4

Ryegrass

Wilting

B1

-

B4

Ryegrass

Chiorosis

B1

-

B4

Ryegrass

Discoloration

B1

-

B4

Ryegrass

Malodorous

B1

-

B4

Ryegrass

Fungal

Growth

Other

Comments:

BLEND

C

Condition

Pots

Seedling

Parameter None Slight

Moderate

High

C1

-

C4

Ryegrass

Wilting

C1

-

C4

Ryegrass

Chlorosis

C1

—

C4

Ryegrass

Discoloration

C1

—

C4

Ryegrass

Malodorous

C1

-

C4

Ryegrass

Fungal

Growth

Other

Comments:

General Conclusion on the Stability of the Compost tested:

---

72

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

C:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART

831

INFORMATION

TO

BE

SUBMITTED

IN

A

COMPOST

FACILITY

PERMIT

APPLI CATION

SUBPART

A:

GENERAL

INFORMATION

REQUIRED

FOR

ALL

COMPOST

FACILITIES

Sect ion

831.101

Scope and Applicability

831.102

Severability

831.103

Certification by Professional Engineer

831.104

Application Fees

831.105

Required Signatures

831.106

Site

Identification

831.107

Site

Location

Map

831.108

Site

Plan

Map

831.109

Narrative

Description

of

the

Facility

831.110

Legal

Description

831.111

Proof

of

Land

Ownership

and

Certification

831.112

Closure Plan

831.113

Financial Assurance

831.114

Operator-Initiated Modification of an Approved

Permit

831.115

Modification to Obtain Operating Authorization

831.116

Permit Renewal

AUTHORITY:

Implementing Sections 5,

21,

22.33,

22.34,

22.35

and 39 and authorized by Section 27 of the Environmental

Protection

Act

(415

ILCS

5/5,

21,

22.33,

22.34,

22.35,

27

and

39).

SOURCE:

Adopted at 18 Ill.

Register

,

effective

MOTE:

Capitalization

denotes

statutory

language.

---

73

SUBPART A:

GENERAL

INFORMATION REQUIRED FOR

ALL COMPOST FACILITIES

Section

831.101

Scope

and

Applicability

This Part contains the procedures to be followed by all

applicants in applying for permits required pursuant to

Section 21(d)

of the Act.

The definitions set forth in 35

Ill.

Adm.

Code 830.102 apply to this Part.

Section 831.102

severability

If any provision of this Part is adjudged invalid, or if the

application thereof to any person or in any circumstance is

adjudged invalid, such invalidity shall not affect the

validity

of

either

this

Part

as

a whole or any Subpart,

Section, subsection, sentence or clause thereof not adjudged

invalid.

Section

831.103

Certification

by

Professional

Engineer

All designs presented in the application must be prepared by,

or

under

the

supervision of,

a

professional

engineer

if

required

by the Illinois Professional Engineering Practice Act

225

ILCS

325).

The

professional

engineer

shall affix the

name

of

the engineer, date of preparation, registration

number,

a statement attesting to the accuracy of the

information and design and a professional seal to all designs.

Section 831.104

Application Fees

The permit application must be accompanied by all filing fees

required pursuant to Section 5(f)

of the Act.

Section 831.105

Required Signatures

a)

All permit applications must contain the full legal

name,

address and telephone number of the operator,

the property owner,

if different from the operator,

and any duly authorized agent(s) of the operator or

property owner to whom all inquiries and

correspondence shall be addressed.

b)

All permit applications must be signed by the

operator and the property owner,

if

different

from

the

operator,

or the duly authorized agent(s)

of the

operator

or

property

owner,

accompanied

by

an

oath

or

affidavit

attesting

to

the

agent’s

authority

to

sign

the

application,

if

applicable,

and

notarized.

The following persons are considered duly authorized

agents of the operator and the property owner:

---

74

1)

For corporations, a principal executive officer

of

at

least

the level of vice president;

2)

For a sole proprietorship or partnership, the

proprietor

or

a

general

partner,

respectively;

and

3)

For

a

municipality,

state,

federal or other

public

agency,

the

head

of

the

agency

or

ranking elected official.

Section

831.

106

Site

Identification

For existing permitted sites,

the site name and the Illinois

Inventory Identification Number previously assigned by the

Agency shall be used in correspondence with the Agency

regarding the facility.

Permit applications for new

facilities must include the proposed facility name, the

latitude and longitude of the site,

if available, the legal

description of the site,

if available, and the physical

location, including at a minimum the city or township,

county,

state

and

zip

code.

An

Illinois

Inventory

Identification

Number will be assigned by the Agency.

Section 831.107

Site Location Map

All

permit applications must contain a site location map on

the most recent United States Geological Survey (“USGS”)

quadrangle of the area from the 7

1/2 minute series

(topographic),

or

on

such

other

map

whose

scale

clearly

shows

the following information:

a)

The

permit

area

and

all adjacent property,

extending

at least 1/2 mile beyond the boundary of the

facility;

b)

The prevailing wind direction;

C)

All rivers designated for protection under the Wild

and Scenic Rivers Act

(16 U.S.C.

127 et

seq.);

d)

The limits of all 10—year floodplains;

e)

All

natural areas designated as a Dedicated Illinois

Nature Preserve pursuant to the Illinois Natural

Areas Preservation Act 525

ILCS 30;

f)

All historic and archaeological sites designated by

the National Historic Preservation Act

(16 U.S.C.

470 et

seq.)

and the Illinois Historic Preservation

Act (20 ILCS 3410;

---

75

g)

All areas identifled as a critical habitat pursuant

to the Endangered Species Act

(16 U.S.C.

1531 et

seq.)

and the Illinois Endangered Species Protection

Act 520

ILCS 10);

h)

All main service corridors, transportation routes,

and access roads to the facility;

i)

All residences and areas in which people congregate

within 1/2 mile of the facility boundaries;

j)

The locations of all on-site potable water supply

wells

and

all potable water supply wells within 1/8

mile of the boundaries of the facility; and

k)

The types of land use for the properties immediately

adjacent to the facility (i.e., residential,

commercial,

industrial,

agricultural,

etc.).

This

must include any zoning classifications of these

properties and the location (and function)

of all

buildings within 1/2 mile of the facility.

Section 831.108

Site Plan Map

The application must contain maps or plan sheets showing the

location of the facility, on a scale no smaller than one inch

equals 200 feet, containing five—foot contour intervals where

the relief exceeds 20 feet and a two—foot contour interval

where the relief is 20 feet or less,

and referenced to a USGS

datum.

The

following

information

must

be

provided:

a)

The boundaries of the facility;

b)

The boundaries of the composting area(s);

c)

The property boundaries,

if different;

d)

The location of all buildings on the property and

any other pertinent location data with respect to

the operation of the proposed facility (i.e.,

utilities, water supply,

fencing, access roads,

paved areas,

etc.);

e)

The location of all staging and stockpiling areas

for landscape waste,

end—product compost, windrow

bulking agents or additives;

f)

The drainage patterns of the composting facility and

surrounding areas.

At a minimum, the direction of

both on—site and off-site drainage,

as well as the

location of any ditches, swales, berms or other

structures that exist or will be constructed to

---

76

control runoff and leachate generated by the

facility’s

operation must be identified; and

g)

Proof that all authorizations,

permits, and

approvals

required

from

each

Bureau

of

the

Agency

have been

applied

for

or

obtained.

Section 831.109

Narrative Description of the Facility

The permit application must contain a written description of

the facility with supporting documentation describing the

procedures and plans that will be used at the facility to

comply with the requirements of this Part and any other

applicable Parts of

35 Ill. Adm. Code:

Chapter

I.

Such

description must include, but not be limited to, the following

information:

a)

An

estimate of the maximum annual volume and peak

daily

volume

of

landscape

waste

the

facility

will

be

able

to

process;

b)

Proof

of

the

following:

1)

THE

FACILITY

INCLUDES

A

SETBACK

OF

AT

LEAST

200

FEET

FROM

THE

NEAREST

POTABLE

WATER

SUPPLY

WELL;

2)

THE

FACILITY

IS

LOCATED OUTSIDE THE BOUNDARY OF

THE

10-YEAR

FLOODPLAIN

OR

THE

SITE

WILL

BE

FLOODPROOFED;

3)

THE

FACILITY

IS

LOCATED

SO

AS

TO

MINIMIZE

INCOMPATIBILITY

WITH

THE

CHARACTER

OF

THE

SURROUNDING

AREA,

INCLUDING

AT

LEAST

A

200

FOOT

SETBACK

FROM

ANY

RESIDENCE

AND

IN

THE

CASE

OF

A

FACILITY

THAT

IS

DEVELOPED

OR

THE

PERMITTED

COMPOSTING

AREA

OF

WHICH

IS

EXPANDED

AFTER

NOVEMBER

17,

1991

THE

COMPOSTING

AREA

IS

LOCATED

AT

LEAST

1/8

MILE

FROM

THE

NEAREST

RESIDENCE

(OTHER

THAN

A

RESIDENCE

LOCATED

ON

THE

SAME

PROPERTY

AS

THE

FACILITY).

4)

THE

DESIGN

OF

THE

FACILITY

WILL

PREVENT

ANY

COMPOST MATERIAL FROM BEING PLACED WITHIN 5

FEET OF THE WATER TABLE, WILL ADEQUATELY

CONTROL

RUNOFF

FROM

THE

SITE,

AND

WILL

COLLECT

AND

MANAGE

ANY

LEACHATE

THAT

IS

GENERATED

ON

THE SITE (Section 39(m)

of the Act);

c)

An operating plan,

satisfying the requirements set

forth

in

35

Ill.

Adm.

Code

830.206;

---

77

d)

An

early

detection

or

groundwater

monitoring

system

design,

in accordance with

35

Ill.

Adiu.

Code

830.Appendix A,

if required pursuant to

35

Ill.

Adm.

Code 830.205(b) (1) (A) (iii)

or 830.205(b) (2) (A) (iii);

e)

A contingency plan,

satisfying the requirements set

forth in 35 Ill. Adm. Code 830.212;

f)

Specification of the operating hours of the

facility;

g)

The

types

of

landscape waste that are proposed to be

received by the facility;

h)

Descriptions

of

the storage areas

(including their

capacities)

that will be used to stage the waste

before windrowing,

to store bulking agent(s) or

additives and to store the end—product compost; and

i)

Description of personnel training procedures,

satisfying

the

requirements

of

35

Ill.

Adm.

Code

830.

210.

Section

831.110

Legal

Description

The

permit

application

must contain a legal description of the

facility

boundary.

Data supplied by any registered land

surveyor

contained

in

the

permit

application

must

bear

the

signature

or

seal

of

that

registered land surveyor.

References

are

to

be

included

when

such

data

are

obtained

from

published sources.

Section

831.111

Proof of Land Ownership and Certification

The

permit

application

must

contain a certificate of ownership

of the land on which the facility is located or a copy of the

lease and its duration. The lease must clearly specify that

the property owner authorizes the construction of a composting

facility

on

the leased premises.

The operator or property

owner

shall

certify that the Agency will be notified 30 days

prior

to

any

changes

in

property

ownership

or

conditions

in

the

lease

affecting

the

permit

area.

Section

831.112

Closure Plan

The

permit

application

must

contain

a

written closure plan

which

contains

a

description of methods for compliance with

all

closure

requirements

in

35

Ill.

Adin.

Code

830.

---

78

Section

831.113

Financial

Assurance

The

permit

application must contain methods to ensure

financial

assurance

satisfying

the

requirements

in

35

Ill.

Adm.

Code

830.

Subpart

F.

Section

831.114

Operator-Initiated

Modification

of

an

Approved

Permit

a)

To

initiate

a

permit

modification

authorizing

construction,

resulting

in

an

increase

in

capacity

or

extending

the

term

of

the

existing

permit,

the

operator shall file a complete permit application,

on

a

form

provided

by

the

Agency,

demonstrating

compliance

with

all

applicable requirements set

forth

in

35

Ill.

Adm.

Code

830.

b)

To

initiate

any

other permit modification, the

operator

shall

submit,

on

a

form

provided

by

the

Agency,

a request for the desired modification.

The

applicant shall submit all information required

pursuant to this Part which pertains to the desired

modification.

Section 831.115

Modification to Obtain Operating

Authorization

Unless

otherwise

authorized

in

the

facility permit, prior to

placing into service any structure constructed at a facility,

the applicant shall obtain an operating authorization as a

permit condition.

In order to obtain such an operating

authorization, the operator shall submit a report documenting

that construction has been completed in accordance with the

engineering design.

Section 831.116

Permit Renewal

a)

The operator shall submit only that information

required pursuant to this Part that has changed

since the last permit review by the Agency.

b)

The operator shall update any groundwater impact

assessment,

in accordance with 35 Ill. Adm. Code

830.Appendix A.

c)

The operator shall provide a new cost estimate for

closure pursuant to 35 Ill. Adm. Code 830.213 and 35

Ill.

Adin. Code 830.Subpart F, based upon the maximum

cost of premature final closure in the next permit

term.

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79

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE

AND

SPECIAL WASTE HAULING

PART

832

PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES

SUBPART A:

GENERAL PROVISIONS

Sect ion

832.101

Scope and Applicability

832.102

Severability

832.103

Form and Delivery of Permit Application

832.104

Required Notifications

832.105

Agency Decision Deadlines

832.106

Standards for Issuance of a Permit

832.107

Standards for Denial of a Permit

832.108

Permit Appeals

832.109

Permit No Defense

832.110

Term of Permit

832.111

Transfer of Permit

SUBPART B:

ADDITIONAL PROCEDURES FOR MODIFICATION OF PERMITS

Section

832.201

Agency-Initiated Modification of an Approved Permit

832.202

Procedures for a Modification of an Approved Permit

SUBPART C:

ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

Section

832.301

Time of Filing

832.302

Effect of Timely Filing

832.303

Procedures for Permit Renewal

AUTHORITY:

Implementing Sections 5,

21,

22.26,

22.33,

22.34,

22.35,

39 and 40 and authorized by Section 27 of the

Environmental Protection Act 415

ILCS 5/5,

21,

22.26,

22.33,

22.34, 22.35,

39, 40 and 27.

SOURCE:

Adopted at 18 Ill. Register

,

effective

NOTE:

Capitalization denotes statutory language.

---

80

SUBPART A:

GENERAL PROVISIONS

Section 832.101

Scope and Applicability

This Part contains the procedures to be followed by the Agency

in processing permits required pursuant to Section 21(d)

of

the Act and 35 Ill.

Adm. Code 831.

The definitions set forth

in 35 Ill. Adm. Code 830.102 apply to this Part.

Section 832.102

Severability

If any provision of this Rule is adjudged invalid,

or if the

application thereof to any person or in any circumstance is

adjudged invalid, such invalidity shall not affect the

validity of either this Part as a whole or any Subpart,

Section,

subsection,

sentence or clause thereof not adjudged

invalid.

Section

832.103

Form and Delivery of Permit Application

All

permit

applications

must

be

made

on

forms

prescribed by

the Agency,

and must be mailed or delivered to the address

designated by the Agency on the forms.

The Agency shall

provide a dated, signed receipt upon request.

The Agency’s

record of the date of filing shall be deemed conclusive unless

a contrary date is proved by a dated, signed receipt.

Permit

applications which are hand-delivered must be delivered during

the Agency’s normal business hours.

Section 832.104

Required Notifications

THE AGENCY SHALL NOT ISSUE A DEVELOPMENT OR CONSTRUCTION

PERMIT AFTER DECEMBER 31,

1990 FOR

ANY

COMPOSTING FACILITY,

UNLESS THE APPLICANT

HAS

GIVEN NOTICE THEREOF:

a)

IN

PERSON OR BY MAIL TO THE MEMBERS OF THE GENERAL

ASSEMBLY FROM THE LEGISLATIVE DISTRICT IN WHICH THE

PROPOSED FACILITY IS TO BE LOCATED;

b)

BY REGISTERED OR CERTIFIED MAIL TO THE OWNERS OF ALL

REAL PROPERTY LOCATED WITHIN 250 FEET OF THE SITE OF

THE PROPOSED FACILITY (DETERMINED AS PROVIDED IN

SUBSECTION

(b) OF SECTION 39.2 of the Act); AND

c)

TO THE GENERAL PUBLIC BY PUBLICATION IN A NEWSPAPER

OF

GENERAL

CIRCULATION

IN

THE

COUNTY

IN

WHICH

THE

PROPOSED FACILITY IS TO BE LOCATED.

(Section 22.26

of

the

Act.)

---

81

1)

At

a

minimum,

the

newspaper notification must

meet

the

following

requirements:

A)

Publication in the legal notice section of

a daily newspaper in circulation within

the

city

or

area in which the facility is

proposed

to

be

located;

B)

Published

once

a

week

for

three successive

weeks,

pursuant

to

Section

3

of

the

Illinois Notice by Publication Act 715

ILCS 5/3.

2)

The

newspaper

notification

should

contain:

A)

A

description

of

the

type

of facility

being proposed;

B)

The location of the proposed facility;

C)

The name of the person or corporation

proposing the facility with a contact

person and phone number; and

D)

Instructions to direct comments to the

Agency in writing within twenty-one

(21)

days after the date of last publication.

The Agency address and the phone number(s)

of the bureau(s) and section(s) reviewing

the permit must be provided.

3)

The notification must not be published more

than 3 months before filing the application and

must commence no later than the filing date.

Copies of the newspaper notification must

either accompany the application or be sent to

the Agency within 30 days after filing the

application.

Section 832.105

Agency Decision Deadlines

a)

IF THERE IS NO FINAL ACTION BY THE AGENCY WITHIN 90

DAYS AFTER THE FILING OF THE APPLICATION FOR PERMIT,

THE APPLICANT

MAY DEEM

THE PERMIT ISSUED; EXCEPT

THAT THIS TIME PERIOD SHALL BE EXTENDED TO 180 DAYS

WHEN NOTICE

AND

OPPORTUNITY FOR PUBLIC HEARING

ARE

REQUIRED BY STATE OR FEDERAL LAW OR REGULATION.

(Section 39(a)

of the Act.)

b)

An application for permit pursuant to this Part

shall not be deemed filed until the Agency has

received all information and documentation in the

---

82

form and with the content required pursuant to this

Part,

35 Ill. Adm. Code 830 and 35 Ill. Adm. Code

831.

However,

if, pursuant to the standards for the

denial of a permit, the Agency fails to notify the

applicant within 30 days following the filing of a

purported application that the application is

incomplete and the reason the Agency deems it

incomplete, the application shall be deemed to have

been filed as of the date of such purported filing

as calculated pursuant to Section 832.103.

The

applicant may treat the Agency’s notification that

an application is incomplete as a denial of the

application for the purpose of permit appeal.

c)

The applicant may waive the right to a final

decision within the decision deadline.

Such waiver

must be submitted in writing to the Agency prior to

the applicable deadline in subsection

(a) of this

Section.

d)

The applicant may modify a permit application at any

time prior to the Agency decision deadline date.

Any modification of a permit application must

constitute a new application for the purposes of

calculating the Agency decision deadline date.

e)

Final action must be deemed to have taken place on

the date that such final action is signed.

f)

The Agency shall mail all notices of final action by

registered or certified mail,

postmarked with a date

stamp and accompanied by a return receipt request.

Section 832.106

Standards for Issuance of a Permit

a)

WHEN THE

BOARD HAS

BY REGULATION REQUIRED A PERMIT

FOR THE CONSTRUCTION, INSTALLATION, OR OPERATION OF

ANY

TYPE OF FACILITY,

EQUIPMENT, VEHICLE, VESSEL, OR

AIRCRAFT,

THE

APPLICANT

SHALL

APPLY TO

THE

AGENCY

FOR

SUCH

PERMIT

AND

IT

SHALL

BE

THE

DUTY

OF

THE

AGENCY

TO

ISSUE

SUCH

PERMIT

UPON

PROOF BY THE

APPLICANT THAT

THE FACILITY, EQUIPMENT, VEHICLE,

VESSEL, OR AIRCRAFT WILL NOT CAUSE A VIOLATION OF

the ACT OR OF REGULATIONS set forth in 35 Ill. Adm.

Code: Chapter

I.

b)

IN GRANTING PERMITS, THE AGENCY

MAY

IMPOSE SUCH

CONDITIONS AS

MAY

BE NECESSARY TO ACCOMPLISH THE

PURPOSES OF the ACT,

AND

AS

ARE

NOT INCONSISTENT

WITH THE REGULATIONS PROMULGATED BY THE BOARD.

---

83

c)

NO

PERMIT

SHALL

BE

ISSUED

BY THE AGENCY UNDER the

ACT

FOR

CONSTRUCTION

OR

OPERATION

OF

ANY

FACILITY

OR

SITE

LOCATED

WITHIN

THE

BOUNDARIES

OF

ANY

SETBACK

ZONE

ESTABLISHED

PURSUANT

TO

the

ACT,

WHERE

SUCH

CONSTRUCTION OR OPERATION IS PROHIBITED.

(Section

39 of the Act.)

Section

832.107

Standards for Denial of a Permit

IF

THE

AGENCY DENIES

ANY

PERMIT

PURSUANT

TO

THIS

Section,

THE

AGENCY

SHALL

TRANSMIT TO THE APPLICANT, WITHIN THE TIME

LIMITATIONS

for

Agency decision deadlines, SPECIFIC, DETAILED

STATEMENTS

AS

TO

THE

REASONS

THE

PERMIT

APPLICATION

WAS

DENIED.

SUCH

STATEMENTS

SHALL

INCLUDE

BUT

NOT

BE

LIMITED

TO

THE FOLLOWING:

a)

THE

SECTIONS

OF

the

ACT

THAT

MAY

BE

VIOLATED

IF

THE

PERMIT

WERE

GRANTED;

b)

THE

PROVISION

OF

THE

REGULATIONS set forth in 35

Ill.

Adm.

Code:

Chapter

I,

PROMULGATED

PURSUANT

TO

the

ACT,

THAT

MAY

BE

VIOLATED

IF

THE

PERMIT

WERE

GRANTED;

c)

THE

SPECIFIC

INFORMATION, IF

ANY,

THE AGENCY DEEMS

THE APPLICANT DID NOT PROVIDE IN ITS APPLICATION TO

THE

AGENCY;

AND

d)

A

STATEMENT

OF

SPECIFIC REASONS

WHY

THE ACT AND THE

REGULATIONS set forth in 35 Ill. Adm.

Code: Chapter

I MIGHT BE VIOLATED IF THE PERMIT WERE GRANTED.

(Section 39(m) of the Act.)

Section 832.108

Permit Appeals

IF THE AGENCY REFUSES TO GRANT OR GRANTS WITH CONDITIONS A

PERMIT UNDER SECTION 39 OF the ACT, THE APPLICANT

MAY,

WITHIN

35 DAYS, PETITION FOR A HEARING BEFORE THE BOARD TO CONTEST

THE DECISION OF THE AGENCY.

(Section 40(a) (1)

of the Act.)

The petition shall be filed, and the proceeding conducted,

pursuant to the procedures of Section 40 of the Act and 35

Ill.

Adm.

Code

101

and

105.

Section

832.109

Permit

No

Defense

The

issuance

and

possession

of

a permit shall not constitute a

defense

to

a

violation of the Act or any Board regulations,

except for the development and operation of a facility without

a permit.

---

84

Section

832.110

Term

of

Permit

No permit issued pursuant to this Part shall have a term of

more

than

5

years.

Section

832.111

Transfer

of

Permit

A permit may be transferred to a new operator only upon permit

modification, pursuant to this Part,

to identify the new

permittee and incorporate other requirements necessary under

the Act.

The application must be signed by the existing owner

or duly authorized agent of the owner and the new owner and

operator or duly authorized agents.

The new operator to whom

the permit is transferred shall comply with all terms and

conditions specified in such permit.

SUBPART B:

ADDITIONAL PROCEDURES FOR MODIFICATION OF PERMITS

Section 832.201

Agency-Initiated Modification of an

Approved Permit

a)

The Agency may modify a permit under the following

circumstances:

1)

Discovery of a typographical, administrative,

or calculation error;

2)

Discovery that a determination or condition was

based upon false or misleading information;

3)

An order of the Board issued in an action

brought pursuant to Title VII, IX or X of the

Act;

or

4)

Promulgation of new statutes or regulations

affecting the permit.

b)

Modifications initiated by the Agency shall not

become effective until 45 days after receipt by the

operator, unless stayed during the pendency of an

appeal to the Board.

The operator may request that

the Agency reconsider the modification, or may file

a petition for hearing with the Board pursuant to

Section 832.108.

All other time periods and

procedures in 832.202 shall apply.

Section 832.202

Procedures for a Modification of an

Approved Permit

Applications for modification of an approved permit shall be

subject to all requirements and time schedules set forth in

this Part.

---

85

SUBPART C: ADDITIONAL PROCEDURES FOR

THE

RENEWAL

OF

PERMITS

Section

832.301

Time

of

Filing

An

application

for

renewal

of

a

permit must be filed with the

Agency at least 90 days prior to the expiration date of the

existing permit.

Section 832.302

Effect of Timely Filing

When a permittee has made timely and sufficient application

for the renewal of a permit, the existing permit shall

continue in full force and effect until the final Agency

decision on the application and any final Board decision on

any appeal pursuant to Section 40 have been made, unless a

later date is fixed by order of a reviewing court.

Section 832.303

Procedures for Permit Renewal

Applications for permit renewal are to be subject to the

requirements and time schedules set forth in Subpart A of this

Part.

IT

IS

SO

ORDERED.

J. Theodore Meyer dissented.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution

Control Board, hereby certify that the above opinion and order

was adopted on the

~

day of

~

,

1994, by

avoteof

________.

C

~

Dorothy M. dunn,

Cl’erk

Illinois P~llutionControl Board