ILLINOIS POLLUTION CONTROL BOARD
    September 1,
    1994
    IN THE MATTER OF:
    )
    )
    STEEL
    AND
    FOUNDRY INDUSTRY
    )
    R90-26
    (Docket
    B)
    AMENDMENTS TO THE LANDFILL
    )
    (Rulemaking)
    REGULATIONS
    (35 Ill. Adm.
    )
    Code 817.309)
    )
    Adopted Rule.
    Final Order.
    OPINION
    AND
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    By order of March 31,
    1994 in this matter, the Board
    separated out proposed Section 817.309 from the then pending
    steel and foundry industry landfill rules for the purposes of
    separate consideration of that section.
    That separate
    consideration having been completed, the Board by today’s action
    adopts Section 817.309.
    The section will now be forwarded to the
    Office of the Secretary of State and be effective upon receipt by
    that office.
    The Board’s responsibility in this matter arises from the
    Environmental Protection Act
    (Act)
    (415 ILCS 5/1 et seq.
    (1992)).
    The Board is charged therein to “determine, define and implement
    the environmental control standards applicable in the State of
    Illinois”
    (415 ILCS 5/5(b)).
    More generally, the Board’s
    rulemaking charge is based on the system of checks and balances
    integral to Illinois environmental governance:
    the Board bears
    responsibility for the rulemaking and principal adjudicatory
    functions; the Illinois Environmental Protection Agency
    (Agency)
    has primary responsibility for administration of the Act and the
    Board’s regulations.
    The latter includes administering today’s
    new regulation.
    DISCUSSION
    This matter concerns the addition of a new section to
    regulations governing landfilling of wastes from the steel and
    foundry industries,
    as considered in Docket R90—26(A)’.
    The R90-
    26(A) rules were proposed by the Illinois Steel Group and the
    Illinois Cast Metal Association (collectively as SFG) under the
    premise that certain wastes generated by the steel and foundry
    1
    In the Matter of:
    Steel and Foundry Industry Amendments to
    the Landfill Regulations
    (35 Iii.
    Adin.
    Code 810 through 185 and
    817) R90-26 Docket A,
    adopted by the Board on July 21,
    1994, with
    an effective date of August
    1,
    1994.

    —2—
    industries are sufficiently distinct from other regulated
    nonhazardous wastes that some unique provisions governing their
    disposal are warranted.
    The Board agrees with this premise, and
    accordingly has proceeded to adopt appropriate rules.
    During the first-notice pendency of the R90-26(A) rules, the
    question was raised as to whether the then proposed standards for
    the location of potentially usable waste
    (PUN)
    landfills were
    adequate.
    The SFG responded2
    in part by proposing new Section
    817.309, the subject of today’s action.
    The instant matter was set for first notice by Board order
    of March 31, l994~publication occurred at 18
    Iii. Reg.
    6246,
    April 29,
    1994.
    The first—notice comment period ended on June
    13,
    1994.
    Four first—notice public comments were received,
    numbers PC #25 though PC #28.
    On June 23,
    1994 the Board adopted the proposal for second
    notice.
    Minor changes were made relative to the language that
    had been proposed for first notice.
    The changes were solely for
    the purposes of clarification, as recommended by the proponents
    in PC #28.
    This matter was considered by the Joint Committee on
    Administrative Rules
    (JCAR)
    at its meeting on August 16,
    1994.
    On that day JCAR voted a certification of no objection.
    However,
    JCAR did recommend certain non-substantive changes in form;
    the
    Board has agreed to these changes and today incorporates them
    into the regulations.
    ORDER
    The Board directs that the following amendments be submitted
    to the Secretary of State for final notice pursuant to Section 6
    of the Illinois Administrative Procedure Act.
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE G:
    WASTE DISPOSAL
    CHAPTER I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER i:
    SOLID WASTE
    AND
    SPECIAL WASTE HAULING
    2
    The interested person is directed to the Board’s opinion
    and order of this same date in Docket B for
    a full discussion of
    the location standards provision.
    ~ In the Matter of:
    Steel and Foundry Industry Amendments to
    the Landfill Regulations
    (35 Ill. Adm.
    Code 817.309) R90—26
    Docket
    B,
    PCB
    ,
    March 31,
    1994.

    —3—
    PART 817
    REQUIREMENTS FOR NEW STEEL
    AND
    FOUNDRY INDUSTRY WASTES LANDFILLS
    Section
    817.101
    817. 103
    817.104
    817.105
    817.106
    817.107
    SUBPART A:
    GENERAL REQUIREMENTS
    Scope and Applicability
    Determination of Waste Status
    Sampling Frequency
    Waste Classification
    Waste Classification Limits
    Waste Mining
    SUBPART B:
    STANDARDS FOR MANAGEMENT OF BENEFICIALLY USABLE
    STEEL
    AND
    FOUNDRY INDUSTRY WASTES
    Scope and Applicability
    Limitations on Use
    Notification
    Long-Term Storage
    Section
    817.301
    817.302
    817.303
    817.304
    817.305
    817.306
    817.307
    817.308
    817.309
    SUBPART
    C:
    STEEL
    AND
    FOUNDRY INDUSTRY POTENTIALLY
    USABLE WASTE LANDFILLS
    Scope and Applicability
    Design Period
    Final Cover
    Final Slope and Stabilization
    Leachate Sampling
    Load Checking
    Closure
    Nuisance Precautions
    Facility Location
    SUBPART D:
    NEW STEEL
    AND
    FOUNDRY INDUSTRY LOW RISK WASTE
    LANDFILLS
    Section
    817.401
    817.402
    817.403
    817.404
    817.405
    817.406
    817.407
    817.408
    817.409
    817.410
    817.411
    817.412
    817.413
    817.414
    Scope and Applicability
    Facility Location
    Design Period
    Foundation and Mass Stability Analysis
    Foundation Construction
    Liner Systems
    Leachate Drainage System
    Leachate Collection System
    Leachate Treatment and Disposal System
    Final Cover System
    Hydrogeologic Site Investigations
    Plugging and Sealing of Drill Holes
    Groundwater Impact Assessment
    Design, Construction and Operation of Groundwater
    Monitoring Systems
    817.415
    Groundwater Monitoring Programs
    Section
    817
    .
    201
    817.202
    817.203
    817.204

    —4—
    817.416
    Groundwater Quality Standards
    817.417
    Waste Placement
    817.418
    Final Slope and Stabilization
    817.419
    Load Checking
    SUBPART
    E:
    CONSTRUCTION QUALITY ASSURANCE PROGRAMS
    Section
    817.501
    Scope and Applicability
    Section
    817.Appendix A Organic Chemical Constituents List
    AUTHORITY:
    Implementing Sections
    5,
    21,
    21.1,
    22,
    22.17,
    28.1,
    and authorized by Section 27 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1005, 1021,
    1021.1,
    1022,
    1022.17,
    1028.1 and 1027 415
    ILCS 5/5,
    5/21,
    5/21.1,
    5/22,
    5/22.17,
    5/28.1,
    and 5/27)).
    SOURCE:
    Adopted in R90-26(A) at 18
    Ill. Reg.
    12411, effective
    August
    1,
    1994;
    amended in R90-26(B)
    at 18 Ill.
    Reg.
    ________
    effective _______________________
    Section 817.309
    Facility Location
    a)
    No part of a unit shall be located within a setback
    zone established pursuant to Section 14.2 or 14.3 of
    the Act.
    b)
    No part of a unit shall be located within the recharge
    zone or within 366 meters
    (1200 feet), vertically or
    horizontally, of that portion of a stratigraphic unit
    containing Class I or Class III groundwater as defined
    at 35
    Ill. Adm. Code 620, unless there is a stratum
    between the bottom of the waste disposal unit and the
    top of the Class I or Class III groundwater that meets
    the following minimum requirements:
    1)
    The stratum has a minimum thickness of 15.2 meters
    (50 feet) ~
    2)
    The maximum hydraulic conductivity in both the
    horizontal and vertical directions is no more than
    1 x i0~centimeters per second, as determined by
    in situ borehole or equivalent tests;
    3)
    There is no indication of continuous sand or silt
    seams,
    faults, fractures or cracks within the
    stratum that may provide parts for migration; and
    4)
    Age dating of extracted water samples from both
    the aquifer and the stratum indicates that the

    —5—
    time of travel for water percolating downward
    through the relatively impermeable stratum is no
    faster than 15.2 meters
    (50 feet)
    in 100 years.
    C)
    Subsection
    (b)
    shall not apply to units that accept
    only beneficially useable waste.
    d)
    A facility located within 152 meters
    (500 feet) of the
    right of way of a township or county road or state or
    interstate highway shall have its operations screened
    from view by a barrier of natural objects,
    fences,
    barricades or plants no less than 2.44 meters
    (8 feet)
    in height.
    e)
    No part of a unit shall be located closer than 152
    meters
    (500 feet)
    from an occupied dwelling, school,
    or
    hospital that was occupied on the date when the
    operator first applied for a permit to develop the unit
    or the facility containing the unit, unless the owner
    of such dwelling, school, or hospital provides
    permission to the operator,
    in writing,
    for a closer
    distance.
    (Source:
    Added at 18
    Ill. Reg.
    ________________,
    effective
    IT IS SO ORDERED.
    Member Emmett E. Dunham,
    II abstains.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif,y that the above opinion and order was
    adopted on the
    /~2_~
    day of
    ~-
    7.7-p
    ~
    1994, by a vote
    of
    -~.
    -
    Control Board

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