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