ILLINOIS POLLUTION CONTROL BOARD
June 30,
1994
IN THE MATTER OF:
)
R93—29
REGULATION OF LANDSCAPE
)
(Rulemaking)
WASTE COMPOST FACILITIES
)
35
ILL. ADM. CODE 830-832
)
ProDosed Rule.
First Notice.
OPINION
AND
ORDER OF THE BOARD
(by M. NcFawn):
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 pursuant to Section 22.33 of the Environmental
Protection Act
(Act)
(415 ILCS
5/1
et seq.), which directs 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 such standards by
December 1,
1994.
Sections 22.34 and 22.35 similarly direct the
Agency to propose standards for organic waste and mixed municipal
waste compost facilities,
respectively.
The Agency has not proposed regulations pertaining to
organic waste composting facilities or mixed municipal waste
facilities at this time.
Therefore, the regulations the Board is
proposing in this rulemaking concern only landscape waste compost
facilities.
We express no opinion on what regulations would be
appropriate for organic waste or mixed municipal waste compost
facilities.
Today the Board acts to send this proposal to first notice.
Pursuant to Section 5.01 of the Illinois Administrative Procedure
Act and Section 102.342 of the Board’s procedural rules,
a 45-day
public comment period will commence upon’ publication of today’s
proposal in the Illinois Register, during which the Board will
accept written comments from any person.
Persons interested in
providing additional comment on this proposal, or in responding
to inquiries posed by the Board herein, should submit such
response in writing to the Clerk of the Board prior to the
expiration of this 45—day period.
Development of the Reciulatory Proposal
To assist the Agency in developing its proposal, Section
22.33 of the Act directs 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
2
(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.
Part 830 of the proposal, which
contains the location and operating standards for compost
facilities and the quality standards for end-product compost,
reflects the input 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)
of the
Act.
Part 831 sets forth the information that needs to be in a
permit application, while Part 832 sets forth procedural
requirements for the issuance of permits.
These parts remain
unchanged from the Agency proposal.
Procedural
History
The Agency submitted its proposal to the Board on November
30,
1993.
Hearings were held on April 15,
1994 in Chicago, and
April 22,
1994 in Springfield.
At the April
15 hearing the
Agency presented its proposal and answered questions directed to
its witnesses.
Additionally, Mr. David Albert made a statement
concerning odors and setback requirements.
At
the
April 22
hearing the Agency answered additional questions, and testimony
was presented by Joanna Hoelscher of Citizens for a Better
Environment
(CBE), Kevin Rogers of
EMI
Environmental Management,
and Kristina Karr, the Resource Recovery Manager for the City of
Naperville.
In addition to the testimony provided at hearing, several
public comments were submitted to the Board.
The McHenry
Department of Health submitted a comment concerning odors (Public
Comment #1), Thomas Augustine of the Organic Crop Improvement
Association submitted a comment concerning end—product compost
standards~(Public Comment #2), and Dr. William Hallenbeck,
Director
of
Environmental and Occupational Health Sciences for
the University of Illinois at Chicago, submitted a comment
concerning testing of end-product compost
(Public Comment #3).
The Board has considered all testimony, exhibits, and public
comments to date in reaching its decisions in this rulemaking.
The Board will hold another public hearing on the merits of this
proposal during first notice.
Originally,
the purpose of this
additional hearing was to hear testimony concerning the
applicability of the setback requirements to commercial, as well
as residential, establishments and testimony by Maureen
Drankiewicz.
(Tr.
1 at 172—176).
The Board now anticipates that
the Agency and other interested parties will also address the
3
particulars
of
the
instant
first
notice
proposal.
Most
specifically,
the
Board
invites
testimony and comments concerning
the
merits
of
applying
the
location
standards, and where
statutorily
permitted,
performance
standards,
for
facilities that
compost
more
than
100
cubic yards of landscape waste annually.
REGULATORY
FRAMEWORK
The
regulations
proposed
today
establish
location
and
operating
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
for
certain
landscape
waste
compost
facilities.
They
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.
The
Board
has
made
two
significant
changes
to
proposed
Section
830
as presented to the Board by the Agency.
First, the
Board has expanded the applicability of the location and
performance standards.
The location standards are applicable to
all but the very smallest of landscape composting facilities,
and
the regulations contained in Sections 830.204 through 830.213 are
applicable to permit—exempt facilities which compost more than
100 cubic yards of material per year and offer it for off—site
sale
or
use,
as well as all permitted landscape waste compost
facilities.
The Agency had proposed that these regulations be
applicable only to permitted facilities.
Second, the Board has
eliminated certification by a qualified groundwater specialist as
a means of demonstrating that
the
compost area is located on
relatively impermeable soils.
The rationale for these changes is
set
forth
below
in
more
detail.
Applicability
Based
Upon
Facility
Class
Partj 830 of the proposed regulations establishes several
classes o~facilities which are subject to different levels of
regulation.
The first class is generally referred to as backyard
or garden composting.
The second class is the on—site facility
which does not offer compost for off—site sale or use.
This
class is further delineated as those on-site facilities which
compost less than or more than 100 cubic yards of landscape waste
compost
on
an annual basis.
The third class of facility is that
which is also on—site, but which offers end—product compost for
off—site sale or use.
As with the totally on—site operation,
this class is further divided depending on whether the amount of
landscape waste material composted annually is less than or
greater than 100 cubic yards per year.
The next class
is the on—
farm composting operation.
The fifth and final class
is the
4
facility which receives landscape waste from off—site and offers
the end—product for sale or use off—site.
These
classes
of
facilities
can
be
further
defined
depending
on
whether
or
not
they
are
exempt
from
the
requirement
to
have
a
permit.
Curiously, three of the five classes are permit—exempt
by statute, and a fourth will be exempt by rule.
As proposed by
the Agency and today by the Board for first notice, garden
composting operations are exempt from having to obtain a permit.
(See Section 830.104.)
The three classes of facilities
statutorily exempted from the permitting requirement are:
1) the
on-site facility which does not offer compost for off—site sale
or use, pursuant to Section 21(q) (1) of the Act;
2) the on—site
facility which offers compost for off—site sale or use, also
pursuant to Section 21(q) (1) of the Act; and 3) the on-farm
composting operation, exempted pursuant to 21(q) (3) of the Act.
Thus,
the final class,
the facility at which the landscape
compost material is generated off—site and the end—product is
offered off—site for sale or use,
is the only class required to
have a permit.
The proposed regulations impose additional requirements for
on-site facilities, whether or not they offer compost for off-
site sale or use,
if such facilities compost more than 100 cubic
yards of material annually.
This is based on the Board’s belief
that permit—exempt facilities can potentially impact groundwater
and surrounding properties to the same extent as permitted
facilities.
Therefore,
subject to statutory limitations, we have
sought
to
establish standards which will provide the protection
necessary
to
prevent or minimize these impacts.
Gardener’s
Exemption.
The first class of facility is
created by the definition of “garden compost operation” at
Section 830.102 of the regulations.
This definition creates what
is referred to as the “gardener’s exemption,” which applies to
all landscape waste operations that have no more than 25 cubic
yards of material on—site at one time, and that do not engage in
commercial activity.
For purposes of these regulations, these
operatior~sare not considered landscape waste compost facilities,
and they are therefore entirely exempt from the regulations.
This exemption is intended to ensure that very small composting
operations such as those conducted in residential backyards,
community gardens, or city landscaping projects, remain outside
the regulatory scheme.
5
The
Agency
recommended
this
restriction
at
the
urging
of
Ms.
Hoelscher
of
CBE,
a
member
of
CQSTAC.
(Baer
at
33)1
Ms.
Hoelscher argued that the legislature intended to regulate
landscape waste “facilities,” and did not intend to regulate
small landscape waste compost operations.
(Baer at 33, Ex.
1—28;
Ex.
1-108.)
The volume limitation of 25 cubic yards or less was
selected because it is a small enough volume to be managed by low
technology and inexperienced labor.
(Baer at 34.)
We accept the
rationale offered for this exemption and accordingly incorporate
it into the regulations proposed today.
To successfully exempt this type of operation from the
requirements of Part 830 and the permitting requirements of Part
831, “Garden compost operation” is first defined and then
excepted
from
the
definition
of
“landscape
waste
compost
facility”
at
Section
830.102.
Since a “garden compost operation”
is
not
a
“landscape
waste
facility”
by
definition,
it
is
not
subject
to
Parts
830
and
831.
This exemption is clearly set
forth
at
Section
830.104,
Exempt
Operations
and Activities.
On-Site
facilities
which
do
NOT offer compost for off—site
sale or use.
The second class of facility created 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, defined as an “on—site
facility” at Section 830.102.
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,
these facilities are exempted from any performance standards or
end-product quality standards.
As
proposed by the Agency, an on—site operation would be
completely exempt from the applicability of Part 830.
The
Agency’s stated reason was that the exemption was taken directly
from Section 22.33(c) of the Act.
Read in its entirety, the
Board finds nothing in this section which would preclude
regulating the location of this class
of’ facility.
The purpose
of so regulating would be to adequately protect human health and
‘
The Board has received pre—filed testimony from the
following parties:
1)
Dr. Shirley Baer, Gary Cima, Heather Young,
Ed Bakowski, and John Taylor,
all of whom testified on behalf of
the Agency; and 2) Joanna Hoelscher, who testified on behalf of
CBE.
Throughout this opinion, pre-filed testimony will be
referred to by the last name of the person who filed it, followed
by the page number of the testimony.
Similarly, transcripts from
the April 15,
1994 and April 22,
1994 hearings will be referred
to as Tr.
1 and Tr.
2, respectively, followed by the page number
from the transcript.
6
the environment, including but not limited to, the groundwater of
the State.
In
pertinent
part,
Section
22.33(c)
provides that this type
of operation is “exempt from any standards promulgated under
subsections
(a) and (b).”
Subsection
(b) mandates that the Board
adopt by December 1,
1994 “(1) performance standards for
landscape waste compost facilities; and
(2) testing procedures
and standards for the end—product compost....”
Subsection
(a)
provides that:
Performance standards for landscape waste compost
facilities shall at a minimum include:
1.
the management of odor;
2.
the management of surface water;
3.
contingency planning for handling end-product
compost material that does not meet
the requirements of subsection
(b);
4.
plans for intended purposes of end—use product;
and
5.
a financial assurance plan necessary to restore
site as specified in Agency permit.
(415 ILCS 5/22.33)
(Emphasis added.)
No reference is made to the location standards set out
elsewhere in the Act to protect groundwater and against other
environmental
hazards.
Therefore,
the Board proposes to impose
location standards similar to those statutorily imposed upon on—
farm operations and permitted facilities at Sections 21(q) and
39(m)
of the Act, respectively.
Depending on their size and location, on—site facilities
have the same potential to impact groundwater as permitted
facilities.
Therefore, location standards are appropriate
regulatory constraints on this class of ‘facilities which compost
more than 100 cubic yards of material per year.
Whether 100
cubic ya~dsper year is the appropriate size restriction is
discussed below in the context of on-site/off-site facilities.
Regardless of size,
this class of facility continues to be
exempt, as statutorily mandated, from the permitting scheme,
performance standards,
and end—product quality standards.
Thus,
these facilities are only subject to the location standards set
forth in Section 830.203.
These standards require that no
composting material be placed within five feet of the watertable,
establish a 200-foot setback from the composting area to the
nearest potable water supply well, and establish a 200-foot
setback from the composting area to the nearest residence.
For
facilities developed or expanded after November 17,
1991, the
setback from the nearest residence must be at least an 1/8 mile.
7
These
location
requirements
parallel
those
set
out
at
Section
39(m)
of
the
Act.
On-site
facilities
which
offer
compost
for
off—site
sale
or
~
The
next
class
of
facility
is
on-site
facilities
which
offer
end—product
compost
for
off—site
sale
or
use,
defined
as
an
“on—site/off-site”
facility
at
Section
830.102.
This
class
of
facility
is
exempt
from
the
requirement
to
have
a
permit
pursuant
to
Section
21(q)
(1)
of
the
Act.
As
applied
to
landscape
waste
composting
facilities,
this
section
establishes
that
no
permit
may
be
required
for
a
facility
which
composts
landscape
wastes
generated
on-site.
Unlike
totally
on-site
facilities,
this
class
is
not
exempt
from
performance
standards
adopted
by
the
Board
pursuant
to
Section
22.33(c).
Despite
their
permit-exempt
status,
the
Agency
proposed
that
these
facilities
be
subject
to
the
minimum
performance
standards
set
forth
in
Section
830.202
and
that
their
end-product
compost
be
required
to
satisfy
the
standards
set
forth
in
Subpart
E,
regardless
of
the
size
of
the
operation.
Today’s proposal adopts additional requirements for
on—site/off-site facilities which compost more than 100 cubic
yards
of
landscape waste annually.
Instead
of
being
subject
to
just
the
minimum
performance
standards
of
Section
830.202,
they
are
also
subject
to
the
performance
and
recordkeeping
requirements
contained
in
Sections
830.204
through 830.213.
As
proposed by the Agency, those on-site/off—site facilities which
do
not
compost
100
cubic
yards
annually
must
comply
only
with
Subpart E and the minimum performance and recordkeeping
requirements set forth at Section 830.202.
Pursuant to
subsection
(h)
therein, they are required to file an annual
report estimating the amount of material received for composting,
and the total amount of material still on—site, used,
or sold
during the previous year.
This recordkeeping requirement will
serve
to
identify
whether
the on-site/off-site facility is below
or
above
the
100
cubic
yard
per
year
cut—off.
During
the
course
of
hearings,
the
Board
questioned
whether
the
more
stringent
operational
standards
proposed
at
Section
830.203
t~hough 830.213
should
be
made
applicable
to
permit—exempt
facilities
greater
than
a
certain
size.
The
Agency
had
proposed
only
that
permitted
facilities
be
subject
to
these regulations
and
that
all
other
facilities,
not
otherwise excluded at Section
830.201,
be
subject
to
the
more
general requirements of Section
830.202.
The
Board’s
concern with defining applicability based
on
the
statutory
requirement
for
a
permit
harkens
back
to
the
landfill
regulations.
Therein
the Board found the distinction
between
permitted
and permit—exempt facilities due to Section
21(d)
of
the
Act
to
have
no
bearing
as
to
whether any particular
facility
could
harm
the
environment.
Accordingly,
the
Board
imposed
operational
standards
on
permit—exempt
facilities
as
well
as
permitted
facilities.
(See
In the Matter of DeveloPment.
8
Operating.
and
Reporting
Requirements
for
Non-Hazardous
Landfills
(February
25,
1988),
R88-7,
86
PCB
666.)
In
so
doing,
the
Board
noted
that
the
Act
does
not
by
its
terms
preclude
application
of
requirements
to
permit-exempt facilities.
(Id.
at
690.)
That
theory
is
similarly
applicable
in
regulating
compost
facilities.
Just
because
a
facility
is
an
on—site
operation
does
not
mean
that
operational
standards
need
not
be
imposed
to
protect
health
and
the
environment.
Recognizing
that
the
majority
of
on-site/off-site
facilities
may
not
be
very
large,
the
Board asked the Agency to recommend a
particular
volume
cutoff
beyond
which
permit-exempt
facilities
should
be
subject
to
additional
operation
standards.
(Tr.
1
at
85.)
The
Agency
declined
to
recommend an appropriate volume, and
instead
responded
with
a
legal
analysis.
The
Agency
believes
that
by
exempting
on-site/off-site
facilities
from
the
permit
requirements,
the
legislature
may
have
intended
to
exempt
on—
site/off—site
landscape
waste
compost
facilities
from
the
operating
constraints
imposed
pursuant
to
Section
39(m).
(See
Agency
Response
to
Board
Questions
Raising
Legal
Issues
of
April
22,
1994;
see
also
Tr.
1
at
85—90.)
As
the
statutory
support
for
the
permit-exemption
for
on-
site/off—site
facilities,
the
Agency cited the following language
in
pertinent
part
from
Section
21(d)
of
the
Act.
...no
permit
shall
be
required
for
(i)
any
person conducting a waste—storage, waste—
treatment, or waste—disposal
operation
for
wastes
generated by such person’s own
activities which are stored,
treated, or
disposed within the site where such wastes
are generated...”
(415 ILCS 5/21(d))
(Emphasis added.)
This language is nearly identical to that contained at
Section 21(q)
of the Act.
The only exception is that “operation”
and “wastes” are more specifically described as a landscape waste
composting operation at subsection
(q).
We believe that the more
specific language of Section 21(q) controls and exempts these on-
site operations from the requirement to have a permit.
However,
as the Agency’s reliance on Section 21(d) points out, just
because an operation is permit—exempt does not mean that it
cannot be subject to operational standards to protect health and
the environment.
The landfill operating requirements are
applicable to on-site facilities despite their exemption from
permitting pursuant to Section 21(d) of the Act.
The landfill rules provide a clear precedent for subjecting
non-permitted facilities to the same requirements as permitted
facilities, while allowing them to remain outside the permitting
9
scheme.
Here,
the
majority
of
sites
will
probably
not
be
subject
to
the
more
restrictive
requirements,
since
it
is
anticipated
that
the volume restriction will exempt most of the on—site/off—
site facilities from the additional requirements.
Only the
larger facilities which have a greater potential for impacting
groundwater and causing other harm will be subject to the more
stringent standards.
We now examine what constitutes an appropriate volume
limitation.
As mentioned above, the Agency declined to suggest
an appropriate volume cut—off for more stringent requirements,
although the Board specifically requested that it do so.
(Tr.
1
at 88-91.)
Therefore,
a proposed cut-off of 100 cubic yards per
year is chosen because the Agency indicated that these facilities
are of sufficient size to warrant tracking and the imposition of
reporting requirements.
(See Section 830.202
(h) (2).)
Currently, the record contains no information as to what
constitutes a reasonable cut-off point.
The Agency has included
in the record a table which purports to list the amount of waste
received by landscape waste facilities, reported in tons per
year, but an attached cover letter indicates that the data is
unreliable, because some of the sites may have reported their
data in cubic yards rather than tons.
(Ex.
52.)
We ask that, at
a minimum, the Agency and/or CQSTAC submit a usable and accurate
inventory of landscape waste compost facilities in Illinois based
on uniform measurement.
We welcome further comment on what size
of
permit—exempt facility poses a sufficient threat to
groundwater
or
other environmental harm to warrant the imposition
of
these
regulations,
and
we
specifically
ask
that the
Agency
address this issue at the up-coming merit hearing during first
notice.
On—Farm Operations.
The next class of facilities is on—farm
operations,
as defined at Section 830.102.
Pursuant to Section
21(q)
of the Act, on—farm operations which meet certain detailed
location, operation,
and reporting requirements are exempt from
permitting requirements.
Those location, operation and reporting
requirements are incorporated into the regulations at Section
830.106.
In addition, operators of on—farm operations may have
to comply with the minimum performance standards in Section
830.202.
The only way they will be exempt from those minimum
requirements is if the operation qualifies as an on—site
facility, i.e.,
the landscape material for composting is
generated on—site only.
Permitted Facilities.
The final class of facilities is
permitted facilities.
This class includes all facilities which
are not garden compost operations, on—site facilities, on—
site/off-site facilities or on-farm operations.
In addition to
meeting all the requirements in 830.202 and 830.203
-
830.213,
and complying with the end-product standards in Subpart
E, these
10
facilities
must
comply
with
the
financial
assurance
requirements
in
Subpart
F,
and
must
submit
a
permit application which complies
with
the
requirements
outlined
in
Part 831.
SUMMARY
BY
PART.
SUBPART
AND
SECTION
Part
830:
Operational Standards for ComPost Facilities and
Standards
for
End-Product
Compost
Part
830
of
the
proposed
regulations
establishes testing
procedures
and
quality
standards
for
all
end—product compost
offered
by
a
facility
for
sale
or
use
in
Illinois, and
establishes
operational
standards
for
landscape
waste compost
facilities.
(35 Ill Adm. Code 830.101(a)).
As
discussed
below,
these
regulations
apply
to
all composting facilities not
specifically
exempted.
The
exemptions
are
summarized
at
35
Ill.
Adm.
Code
830.104.
The
applicability
of
specific
sections,
as
discussed
above,
is
set
forth
at
35
Ill.
Adm.
Code
830.201.
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.
Section 830.102 sets forth the definitions of terms used in
Parts 830
-
832.
Several definitions are taken directly from the
statute, while others were developed by the Agency in
negotiations with the CQSTAC.
Still others were modified during
the hearing process in order to clarify the regulations.
Some of
the more critical definitions are those defining the different
classes of landscape waste compost facilities and the garden
compost operation.
They are particularly important in the
context Gf the applicability of these rules which is set forth at
Section 830.104.
Section 830.104 contains three exemptions from the
requirements of the proposed regulations.
The first exemption
provides that the regulations contained in Part 830 are not
applicable to garden compost operations.
A garden compost
operation is defined as an operation which has no more than 25
cubic yards of yard waste,
composting material, or end—product
compost on-site at one time, and which does not engage in
commercial activity.
This type of operation is also excluded
from the definition of landscape waste compost facility found at
Section 830.102.
Thus, this small landscape compost operation is
the only such operation totally excluded from all of the
11
regulations
proposed
today.
Section
830.104
also
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 used for this purpose
from
such
testing
requirements.
A
separate
subsection
is
also
included
to
clarify
that
landfills
are
prohibited
from
using
end-
product compost as daily cover or vegetative amendment in the
final layer of a landfill without prior Agency approval in its
permit.
Throughout
its proposal, the Agency proposed this
requirement
as
a
Board note only.
Since
it
contains
a
prohibition,
a
Board
note
is
insufficient.
To
be
enforceable,
this
requirement
is
proposed
as
a
rule.
Furthermore,
so
doing
eliminates
the
need
to
restate the Board note several times
throughout
the
proposed rules, as suggested by the Agency.
Section 830.105 sets forth the three classes of facilities
which, by statute, are permit-exempt, and one activity which is,
by statute, permit-exempt.
The Agency did not propose separately
listing these facilities and this activity as permit-exempt.
The
Board, however, believes that such a section will better serve to
identify the exemptions for the regulated community.
The first class of permit-exempt facility is the on-farm
operation which meets all of the criteria set out at Section
21(q) (3)
of the Act and is adopted almost verbatim at Section
830.106.
The exemption for the other two classes of facilities
is combined at Section 830.105(b)
because their exemption is
statutorily combined at Section 21(q) (1).
All on-site operations
are exempt from the requirement to have a permit regardless as to
whether the end—product is offered for off—site sale or use.
Finally, the activity which is statutorily permit-exempt is the
application of landscape waste or composted landscape waste at
agronomic rates.
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 the proposed
rules.
Lastly, Section 830.106 contains the location and operating
criteria for on—farm operations.
These criteria are statutorily
prescribed in detail.
If the 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 the permit requirements of
the Act.
Furthermore, the location, and the applicable
performance, and recordkeeping requirements of Sections 830.204
~
~.
may also become applicable.
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
12
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.
The
on—farm
facility
is
also
subject to Section
830.202,
which
contains
the
minimum
performance
standards
and
is
discussed
in
greater
detail
below.
Subpart
B:
Standards
for
Owners
and
Operators
of
Regulated
Facilities
Subpart B of Part 830 sets forth the operating standards for
landscape waste compost facilities.
It contains thirteen
sections.
Please note that following Subpart B, Sections 830.300
~
~q.
and 830.400 ~
~g.
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 set forth in Subparts C and D, and therefore
the current proposal reserves by omission these subparts.
(See
Agency Statement of Reasons at 14.)
The standards established in Subpart B are applicable to
all landscape waste compost facilities.
They consist of location
standards, minimum performance standards, and the more detailed
performance standards in Sections 830.204 through 830.213.
Most
importantly, Section 830.201 contains the “road map” which helps
the regulated facilities to determine which requirements apply to
the various classes of facilities.
As described above, the
applicability depends on the type of facility and in some
instances its size
——
but not whether it is required to have a
permit.
Section 830.201
Scope and Applicability
Pursuant to subsection
(a)
of Section 830.201, the minimum
performance standards set forth in Sectipn 830.202 are applicable
to all landscape waste compost facilities,
except on—site
facilities; the Act precludes the application of performance
standards to that type of facility.
Thus all permitted
facilities and all on—site/off—site facilities are subject to
these miminum performance and reporting requirements contained
therein.
(415
ILCS
5/22.33 (c).)
The on—site farm operation
should note that this exception may be available to it if all
composting material is generated on—site.
However, unless the
report required from on—farm operations certifies that no off—
site material has been or will be received by it, Section 830.202
is applicable.
Pursuant
to subsection
(b), the location standards at
Section
830.203
are
applicable
to
all
landscape
waste
compost
facilities,
except
any
on-site
facility
which
composts
less
than
100
cubic
yards
of
material
per
year.
This
exemption
includes
13
both
on-site
and
on-site/off-site
facilities,
so
long
as
the
facility
meets
the
100
cubic
yard
per
year
limitation.
Subsection
(b)
also
contains
an
exemption
for on—farm operations
which
satisfy
the
criteria
at
Section
830.106.
Since
that
criteria
parallels
the
detailed
statutory
criteria,
there
is
no
environmental
need
to
subject
the
on—farm
operations
to
the
location
requirements
of
Section 830.203.
Finally, pursuant to subsection
(C),
the more stringent
performance criteria set forth at Sections 830.204 through
830.213 are applicable to all permitted facilities and to on—
site/off—site facilities which compost over 100 cubic yards of
landscape waste per year.
(Those on—site/off—site operations
composting less than 100 cubic yards are subject to the minimum
standards in Section 830.202.)
The Agency proposed applying
these regulations only to permitted facilities, but we find no
distinction between the environmental risk posed based on a
facility’s requirement to have a permit.
As indicated at
hearing, the risk to be regulated is dependent on the size of the
operation, not whether the landscape waste to be composted
originated on or off—site.
Section 830.202
Minimum Performance Standards and Reporting
Requirements
Section 830.202 establishes operating standards and
recordkeeping requirements applicable to landscape waste compost
facilities
(except on-site facilities), whether permitted or
permit—exempt.
These generally applicable requirements include:
a prohibition on composting domestic sewage, sewage sludge or
septage; specific measures to control odor;
surface water
management; recordkeeping for facilities composting over 100
cubic yards of landscape waste per year; and closure
requirements.
These requirements are discussed in detail below.
Other requirements include: development of a contingency
plan for end—product compost which does not meet the general use
compost standards at subsection
(c); that all landscape waste be
processed~’within 5 days of receipt into windrows or piles, with
the exception of leaves, brush,
or woody landscape waste being
stored for use as a carbon source and bulking agent at subsection
(d); housekeeping practices at subsection
(f); and quality
standards for end—product compost at subsection
(g).
Pursuant to Section 830.202(a),
facilities that utilize
domestic sewage,
sewage sludge or septage in their composting
processes are regulated under 35 Ill. Adm. Code 391 and 40 CFR
Part 503.
These regulations impose substantial monitoring and
testing requirements on the generator, and reporting requirements
on both the generator and the end—user.
At the suggestion of
Jeff Hutton of the Agency’s Bureau of Water and John Colletti of
the United States Environmental Protection Agency
(USEPA), the
14
Agency’s proposal excluded landscape waste facilities that
utilize these wastes in their composting process, in order to
avoid subjecting them to additional requirements.
(Baer at 12.)
The Board agrees that, since these facilities are already
adequately
regulated,
subjecting them to additional, potentially
confusing
requirements
is
unnecessary.
Section 830.202(b)
requires adequate control of odors and
other nuisances.
Odor control, dust control and noise control
are often the main issues of concern to neighbors of composting
facilities.
(Cima at 4.)
These sources of potential nuisance
violations must be controlled so as to avoid violating Board
nuisance standards.
Standards for odor and dust emissions are
codified at 35 Ill. Adm. Code 201.141 and 212.301.
Noise
standards can be found at 35 Ill. Adm. Code 400.
Odor problems often arise when there is too little oxygen
inside a compost pile,
leading to anaerobic conditions.
Therefore, at hearing, the Board questioned whether the Agency
would consider setting a minimum oxygen level so as to avoid
these problems.
(Tr. 1 at 101-102.)
Additionally, the McHenry
County Department of Health indicated that it was concerned about
odors generated from leaves stockpiled for use as a bulking
agent.
(Public Comment #1.)
The Agency responded that, due to the variation in
composting
processes,
it would not be possible to set a minimum
oxygen level that applies to all facilities.
(Baer at 24—25;
Tr.
1 at 102-107.)
To do so would unnecessarily restrict the options
available to compost facility operators.
The Agency indicated
that it could properly control odors through permit conditions.
(j~) The Agency also clarified Section 830.202(b)
by indicating
specific measures an operator should take to control odor.
(Tr.
1 at 72—76.)
The
DENR
had originally proposed that the regulations
include a five percent oxygen limit in the definition of aerobic
composting.
This was discussed at the July 12,
1993 CQSTAC
meeting, and several members of the CQSTAC objected to setting an
oxygen limit, stating that a five percent limit would be
virtually impossible to meet.
Mr. DeGarmo of the Composting
Council explained that after a rainfall, the oxygen level
generally drops below five percent in windrows.
The Agency
ultimately decided not to include such a requirement in its
proposal, finding that it did not allow the flexibility necessary
to accommodate a variety of operating conditions and processes.
(Baer at 25.)
In a related issue, at the April 15,
1994 hearing Mr. David
Albert questioned whether the minimum setback requirements from
the nearest residence specified in Section 830.203(c)
should be
15
applied
to commercial operations as well.
(Tr.
1 at 50—69.)
Mr.
Albert
indicated
that
odors from composting operations could
affect
persons
at
commercial
establishments,
and
could
adversely
affect
businesses.
The
Agency
first
pointed
out
that
the
Act
itself
specifies
that
the
200-foot
setback applies to residences.
(Tr.
1
at
59.)
However, the Agency indicated that it
could
impose
additional
operating standards as permit requirements where necessary.
The
Agency takes into consideration the proximity of potential
receptors when establishing permit conditions,
and persons at
commercial establishments would be considered potential
receptors.
The Agency also addressed the setback requirements as a
legal issue in a supplemental pleading.
(See Agency Response to
Board Questions Raising Legal Issues of April 22,
1994.)
In this
response the Agency indicated that it believed that expanding the
scope of the setback requirements to include a setback from
commercial establishments would be beyond the statutory grant of
power, since the statute itself specifies a setback from
residences.
The Agency also observed that the statute does not
include authority to establish setbacks from commercial
operations which would be applicable to all composting
facilities.
This dialogue raises two issues of concern to the Board.
First, how the Agency could impose additional requirements in a
permit to address the concerns of potential receptors if the
facility is permit-exempt.
Secondly, the Board requests further
information as to why the Agency believes that since the Act is
silent,
a setback from commercial facilities is illegal although
such may be necessary to protect health and the environment.
As
already mentioned, the applicability of setbacks to commercial
operations is one of the topics reserved for the merit hearing
during first notice.
Section 830.202(e)
establishes a performance standard for
management of surface water.
Excess water retained in composting
windrows can lead to anaerobic conditions and odor problems, and
can transport suspended solids off—site.
(Cima at 5—6.)
Therefore, the regulations specify that all facilities must be
constructed so that run—on is diverted around the composting
area.
The surface water controls must be capable of handling all
run-off from precipitation less than or equal to the 10-year, 24-
hour precipitation event.
Typical surface water controls to
accomplish these requirements include berms or perimeter ditches,
retention basins or vegetative filters.
(Cima at
6.)
Owners and
operators are reminded that any discharge of water that has come
in contact with landscape waste material from a point source must
have an NPDES permit pursuant to 35 Ill. Adm. Code 309.
16
Section 830.202(h) establishes recordkeeping requirements
applicable to landscape waste compost facilities composting more
than 100 cubic yards per year.
Different requirements are
established for each type of facility.
Permitted facilities must
submit a written annual statement to the Agency by April 1st of
each year, estimating the amounts of material received and the
amount of material disposed of during the previous year.
Permit—exempt facilities composting over 100 cubic yards of
landscape waste per year must also file an annual report by April
1st, which includes an estimate of the amount of material
received for composting, and the total amount of material still
on site, used, or sold during the previous year.
The Agency
indicated that facilities of this size are large enough to
warrant tracking.
(Cima at 7.)
Section 830.202(1)
sets forth the minimum closure
requirements applicable to landscape waste compost facilities.
It specifies that all landscape waste, composting material, end—
product compost and additives must be removed from the facility
within 180 days following the beginning of closure.
The 180—day
time frame was established to enable the operator to complete
composting of the last material received, and to market or
dispose of all end-product compost.
(Cima at 8.)
The Board
requests the Agency and any other interested party comment about
whether 180 days is sufficient given that maturation of compost
is
climate
dependent.
Facilities
must
be
closed
in
a
manner
which
minimizes
the
need
for
further
maintenance,
and
which
controls,
minimizes
or
eliminates
the
release of landscape waste and constituents to
groundwater
or
surface
waters.
These
standards
are
drawn
from
the
performance
standards
for
waste management facilities,
codified
at
35
Ill.
Adm.
Code
807.503.
(Cima
at
8.)
Closure
typically involves ceasing to accept waste,
coiuposting of all
remaining material, removing all materials and processing
equipment from the site, and site restoration.
(Cima at 8.)
Finally, the operator must file a report by April 1st of the year
following completion of closure, verifying that closure was
completed in accordance with these requirements in the previous
calendar year.
Section 830.203 Location Standards for Most Facilities
Section 830.203 sets forth location standards for most
landscape waste compost facilities.
The only facilities exempted
are garden compost operations, on—farm operations,
and on—site
facilities which compost less than 100 cubic yards per year.
Several of the proposed location requirements are mandated by
Section 39(m) of the Act, while additional requirements are based
on the location standards for landfills set forth at 35 Ill. Adm.
Code 811.102.
(Cima at 9.)
These location requirements are
17
designed
to
reduce
or
eliminate
any
adverse
environmental
impact
through
advance
planning
and
imposition
of
protective
measures.
This
section
includes
several
groundwater
protection
measures mandated by 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(c) mandates a
setback of 200 feet from any residence.
Furthermore, pursuant to
Section 830.203(d), no composting material may be placed within
five feet of the water table, and any landscape waste leachate
must be collected and managed.
The depth to groundwater can be
established either through reliance on published data,
or through
actual measurement through field methods.
Additionally, the
composting area must be outside the boundary of the 10—year
floodplain or the site must be floodproofed (Section 830.203(b)),
and regulated facilities must not restrict the flow of a 100-year
flood (Section 830.203(f)).
For facilities developed or expanded after November 17,
1991, the composting area must be at least 1/8 mile from the
nearest residence.
Pursuant to 830.205(a) (1) (B), the Agency may
require that landscape waste received be processed by the end of
the operating day,
if necessary considering population density,
prevailing winds,
facility size, proposed capacity and
topography.
Finally, Sections 830.203(e),
(g)—(h) 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.
Section 830.204
Additional Stormwater and Landscape Waste
Leachate Controls
In addition to meeting the stormwater control requirement in
Section 830.202(e), which is applicable to most facilities,
on—
site/off-~rsitefacilities that process more than 100 cubic yards
of compost per year and permitted facilities
(hereinafter often
referred to as “regulated facilities”) must meet additional
standards imposed by 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.
This section is intended to inform facility operators
that they must comply with water pollution control regulation.
(Cima at 13.)
Stormwater runoff from a landscape waste compost facility
may contain solids, nutrients,
salts and organic acids.
(Cima at
13.)
Treatment by retention and settling, or use of a vegetative
18
filter,
may
be
necessary
to
meet
discharge
limits.
(Cima
at
13-
14.)
Alternatively, the facility may use landscape waste
leachate as a source of water to be added to the composting
process or for on—site maintenance such as dust contrc4.
(Cima
at 14.)
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 these facilities to manage
landscape waste leachate to prevent ponding.
Leachate ponding
has been a source of odor problems at Illinois facilities.
(Cima
at 14.)
Finally, 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.
(Cima at 14.)
Section 830.205 Additional Operating Standards
Section 830.205 establishes operating standards in addition
to those set forth at Sections 830.202 and 830.204.
Section
830.205(a) (1) (A) requires these facilities to process all
landscape waste received within 24 hours of receipt.
This is
intended to serve as an odor prevention measure, since bagged,
compressed landscape waste quickly becomes anaerobic.
(dma at
14.)
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.
If the facility is permit-
exempt, this must be provided as part of the operating plan
required at Section 830.206.
Section 830.205(a) (1) (B) applies to facilities which are
operating in close proximity to residences.
Because of the
higher
potential
for
odor
problems
at
these
sites,
these
facilities
must process all waste received by the end of the
operating day.
(Cima at 15-16.)
For the same reason, Section
830.205(a) (1) (C)
specifies that the operator of all facilities
using aezobic composting methods lust 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.
(Cima at 16.)
Similarly,
Section 830.205(a) (1) (D) 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 composting.
The moisture level is adjusted by
watering or mixing materials of various moisture levels.
(Cima
at 16.)
Section 830.205(a) (1) (E) 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
19
movement
of
vehicles
and
equipment.
The
staging
area
is
used
for
load
checking,
initial
mixing
or
blending,
and
odor
control.
(Cima
at
16-17.)
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.
(Cima
at
17.)
Section 830.205(a) (1) (F) prohibits mixing landscape waste or
composting 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.
(Cima at 17.)
This
restriction does not apply to the use of end—product compost as
an amendment to composting material.
Section 830
•
205 (a) (1) (G)
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) (H)
requires facility operators to
obtain Agency authorization for any additive other than water
prior to its use.
Unless authorized by the Agency, and by permit
where applicable, all additives other than water may 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 additives to enhance the
composting process without degrading the quality of the end-
product compost.
(Cima at 18.)
This will allow operators to use
a variety of additives, while allowing the Agency 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.
(dma
at
19.)
Sect,ion 830
•
205(a)
(3)
requires
that
landscape
waste
compost
facilities
using
contained
processes
implement
mechanisms
to
control
moisture content, air flow, and air emissions.
Since
contained
processes
tend
to
concentrate odors, there is 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.
(Cima at 20.)
Control
of
air
emissions
is
generally
accomplished
through
the
use
of
scrubbers
or
filters.
(~~)
Section
830.205(a)
(4)
specifies
that
the
Agency
may
require
(by
permit
condition
where
applicable)
a facility to use thermal
processing
in
order
to
reduce
pathogens
in
the
facility’s
composting
material.
These
thermal
processing requirements are
20
taken
from
the
federal
sludge
regulations
at
40
CFR
503.
(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.
If imposed, the Agency will enforce a
thermal processing requirement through recordkeeping and
monitoring requirements.
(Cima at 21.)
Im~ermeabilitvof Soil Surface/Groundwater Specialist.
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
830.205(b) (1) (A)
(iii).
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 facility operation during all
weather conditions.
The surface of the landscape waste
composting surface must be sloped at two percent or greater
unless an alternative water management system is approved in a
permit.
Relatively impermeable soils are defined at proposed Section
830.102 as soils having a 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.
At
hearing,
the
Board
questioned
whether
relatively impermeable soils were sufficient to protect
groundwater.
(Tr.
1 at 37, 92.)
The Agency indicated that it
believed that,
given the constituents contained in landscape
waste, there would be sufficient dilution, attenuation, and
dispersion
with
a
base
of
this
hydraulic
conductivity
to
adequately protect groundwater.
(Tr. 1 at 94—95; Cima at 25-25.)
Mr. Cima testified that under the proposed conditions the
rate of travel of leachate would be approximately 10 inches per
month.
(Tr.
1 at 38).
After travel through the relatively
impermeable layer, the rate of travel would be dependent on the
hydraulic conductivity of the surrounding media.
Mr. Cima
testified that attenuation, dispersion, and degradation take
place as the leachate moves through the soil environment.
The
soil thus treats,
exchanges, and dilutes the compost leachate
(Tr. 1
at 40).
Mr Cima further testified that soils can
effectively treat the level of constituents in landscape waste
compost
leachate when the specified factors are present,
21
including
the
1-foot
thick
relatively
impermeable layer and the
5-foot
depth
to
groundwater.
(Tr.
1
at
40-41).
Mr.
Cima
also
testified
that
support
for
the
proposed hydraulic conductivity is
found
in
Dr.
Cole’s
comments
contained in Exhibits
1-28
and
1-
108,
and
the
Illinois
Department
of
Energy
and
Natural Resources’
analysis
of
compost
in
Illinois,
in Exhibit 1-72.
Furthermore,
Mr.
Cima
testified
that
this
is
a
standard
which
can
be
met
throughout
most
of
the
State,
while
setting a more stringent
standard
would
require
retroffiting
many
existing
facilities.
(Cima
at
43-44.)
The
Board
accepts
the Agency’s justification,
and
incorporates
the
relatively
impermeable
standard
into
the
proposed
regulations.
In
addition
to
actual
measurement,
the
Agency
proposed
that
a
facility
be
allowed
to
demonstrate
the
relative
impermeability
of
the
soil
by
certification
by
a
“qualified
groundwater
specialist”.
The
Board
questioned
the
adequacy
of
such
a
certification
towards
assuring
that
the
soil
types
meet
the
required
criteria.
(Tr.
1
at
125.)
The
first
concern
was
whether
certification
by
a
qualified groundwater specialist was
truly
equivalent
to
actual
sampling.
The
second
concern was that
the regulations did not specify how the qualified groundwater
specialist would determine whether the soils met the required
standards,
and that such determinations would ultimately be too
subjective.
The Agency indicated that the two methods were equivalent to
the extent practicable.
(Tr.
1 at 109-110, 125—144.)
The Agency
believed that while direct sampling may ultimately give a more
accurate reading, certification gives a reliable indication that
the soils meet the necessary criteria, and is much less
economically
burdensome
than
direct
sampling.
(Tr.
1
at
110.)
In
response
to
the
Board’s
concerns
that
certification
may
be
too
subjective,
the
Agency
proposed
that
an
Appendix
C
be
added
which
set
forth
the
methods
to
be
followed
by
a
qualified
groundwater
specialist
in
investigating
soils.
(Ex.
14.)
The Board is not persuaded, and does not accept the Agency’s
justifica~tionto allow certification by a groundwater specialist
to constitute a sufficient demonstration that the facility is
located on relatively impermeable soils.
Despite the proposed
Appendix C, such a certification is not equivalent to
demonstration by actual testing that the soils have a resistance
to flow equal to 1 x 10~cm per second.
Furthermore, the Board does not believe that estimates based
on field investigation techniques are sufficiently reliable.
The
Agency’s Proposed Appendix C, which prescribes methods to be
followed by certified groundwater specialists, relies on the 1984
Illinois Geological Survey Circular entitled “Potential for
Contamination of Shallow Aquifers in Illinois, by Richard
C.
22
Berg,
which
itself
states
that
independent
sampling
must
be
done
to
verify
that
the
soils
at
a
particular
site
meet
the
listed
criteria.
Also,
the
Agency’s
proposed
definition
of
a
qualified
groundwater
specialist
is
far
too
vague
to
give
us
confidence
that
such
an
estimate
is
reliable.
Therefore,
we
find
that
it
is
not
appropriate
to
adopt
certification
as
an
alternative.
Additionally,
we
believe
that
the
costs
of
actual
sampling
are
not
sufficiently
high
to
warrant the use of a less reliable
technique.
An
estimate
prepared
by
Kevin
Rogers
of
EMI
consulting
indicated
that
the
cost
of
sampling
is
approximately
$400
per
bore
hole.
(Tr.
2
at
22;
Ex.
108.)
Mr. Rogers’ total
estimate
for
performing
six
borings
at
a
20
acre
site
was
approximately $5,000, which included mobilization and related
expenses, drilling and sampling, backfilling and sealing bore
holes, laboratory services, and technical supervision.
(Tr.
2 at
22-23,
Ex. 108.)
Since such sampling must be conducted only one
time and can be amortized over the life of the facility,
it
represents a small capital investment.
Contained Composting Systems.
Regulations for contained
landscape waste composting systems are set forth at Section
830.205(b) (2), as well as Section 830.205(a)(2).
There is no
such
system
known to be operating in the State at this time.
The
rules
are
anticipatory
should
such
system
exist
or
be
built
at a future date.
Contained composting systems are more
technologically
advanced
than
open
composting
processes
and
are
also generally more costly.
They are usually used for organic
waste and mixed municipal waste composting.
(Cima at 20.)
The
additional requirements applicable to these facilities are
designed to address the 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 surface as part of a
contained composting process, the surface must meet the same
relatively impermeable standard applied to open composting
processes in 830.205(b)(1).
Section 830.205(b) (2) (B) specifies
that the purface must be capable of supporting all necessary
structures and equipment.
Sections 830.205(c) through
(i) contain the regulations
pertaining to nuisances and fire protection.
Subsection
(i)
requires that all utilities necessary for safe operation,
including lights, power, water supply, and communication
equipment be available and working.
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.
Section 830.205(m)
sets forth operator monitoring
23
requirements
for
the
facilities:
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 factors is intended to enable the
operator to determine which 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.
(dma at 31.)
Section 830.206 Operating Plan
Section 830.206 requires the regulated facility to have an
operating plan which details the methods by which the operator
will meet the requirements of Section 830.205.
The Agency
explained that the operating plan allows each facility to explain
its individual approach, and allows a wide variety of methods to
be used.
(Cima at 32-33.)
This information must include a
description of how the facility will produce general use compost
while minimizing nuisance conditions.
(Cima at 32.)
If the
facility is not permit-exempt, this information is incorporated
by reference into the facility’s permit.
Sections 830.207 through 830.213
These rules contain operating and recordkeeping requirements
for permitted and on-site/off-site facilities.
These
requirements are specific concerning salvaging,
access control,
load checking, and personnel training.
These facilities must
maintain contingency plans, closure plan and other records.
If
the facility is permitted,
it must keep a copy of its permit at a
definite site specified in that permit. ‘If it is permit—exempt,
the records must be available for inspection by the Agency during
normal bu~sinesshours and must be kept for a period of three
years minimum.
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 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
24
compost,
which
is
compost
that
meets
the requirements set forth
in
830.503,
and
2)
designated
use
compost,
which
is
compost that
fails
to
meet
those
requirements.
This
classification scheme
follows
the
model
drafted by the Composting Council.
(Baer at
50.)
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.
(Baer at 50.)
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 from 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, which the Board proposes to adopt without change
from those proposed by the Agency.
The Agency and CQSTAC agreed that the regulations should
include a performance standard for potentially injurious
materials.
(Baer at 49.)
The standard set forth in Section
830.503(a) does not specify what constitutes a hazard, since the
Agency believed that it is the responsibility of operators to
recognize and remove any material which constitutes a hazard.
(Baer at 49.)
Similar performance standards have been
established
in
Florida,
New
Hampshire
and
California.
(Baer
at
49.)
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.
This
standard was proposed by the Composting Council.
(Baer at 50;
see also~Ex.1—15.)
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.
(Baer
at 50.)
They are also a source of litter where end—product
compost is unloaded or land—applied.
(Baer at 50.)
A consensus
of the CQSTAC agreed that the volume of these materials in end-
product compost should be limited to one percent in order to
protect the environment.
(Baer at 51.)
Further restrictions to
meet the needs of consumers are left to the marketplace forces.
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
25
in
the
soil.
(Baer
at
51-52.)
The
desired
pH
for
end-product
compost
can
vary
based
on the application, therefore a range is
necessary
to
allow
for
this
variation.
(Baer
at
52.)
End—
product
compost
with
a
pH
of
5.5
can
still
be
immature
compost,
while
compost
with
a
pH
of
8.5
or
greater
could
cause
problems
in
neutralizing calcium and magnesium ions.
Therefore, the Agency
proposed a pH range between 6.5 and 8.5.
(Baer at 52.)
Section 830.503(d)
states that end-product compost must be
stabilized, as demonstrated by one of the methods set forth in
Section 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.
(Baer at 53.)
It is characterized by low
microbiological activity and low oxygen usage.
(Baer at 53.)
Compost which has not reached stability may cause problems by
inducing high microbial activity and resultant oxygen deficiency
in soils, and may indirectly cause toxicity to roots by removing
nutrients or introducing pathogens.
(Baer at 53.)
Section 830.503(e) 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
USEPA pathogen reduction standard for sewage sludge.
(Baer at
60.)
USEPA has determined that this standard adequately reduces
any risks to public health and the environment.
(Ex.
1-39.)
Finally, Section 830.503(f) requires that all general use
compost meet the standards for concentrations of inorganic
constituents set forth in 830.Table A.
Table A sets forth limits
for inorganic constituents found in compost.
The Board
questioned whether the levels established were sufficiently
protective of human health and the environment.
(Tr.
1 at 207,
210.)
In particular, the Board was concerned about whether the
standards would protect against groundwater degradation.
Similarly,, Joanna Hoelscher of CBE questioned whether the levels
set would be protective of human health and the environment.
Although Ms. Hoelscher’s primary concern was with mixed municipal
waste, she raised the issue at this time since the standard for
end—product compost may apply to compost generated at all compost
facilities,
not just landscape waste compost facilities.
(Tr.
2
at 84—87.)
The Agency explained that the basis for the inorganic
standards is a study conducted by the USEPA and the United States
Department of Agriculture which formed the basis for the federal
sludge standards.
(Tr. 1 at 209; Baer at 62.)
As the Agency
pointed out, this was the largest risk assessment ever conducted
by the USEPA.
(Baer at 62.)
The standards proposed by the
26
Agency set limits for organics at the Alternate Pollution Limits
(APLs)
set by USEPA for sewage sludge.
The APLs establish
contaminant levels considered safe for general distribution, with
no long—term adverse effects when used on croplands.
(Baer at
63.)
The Agency further explained that this study demonstrated
that applying compost with the levels of inorganics set in the
regulations would not cause soil degradation regardless of the
loading rate.
(Tr. 1 at 207-208.)
Section 830.504 Testing Requirements
Operators must do testing to demonstrate compliance with
these standards as set forth in Appendix B, unless an alternative
method is approved in writing by the Agency.
Testing to
demonstrate compliance with the man—made materials, pH, and
stability standards 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.
This method has been used since
1977 for demonstrating stability of end-product compost.
(Baer
at 58.)
The second method is a seed germination test.
(Baer at
78.)
No testing need be done to demonstrate compliance with the
inorganic standards, unless required by the Agency in a permit
condition.
Again, compost which fails to meet the standards for
general use compost must be further managed as landscape waste or
as designated use compost.
(See Section 830.508, Off—
Specification Compost.)
Section 830.507 Sampling Methods
Section 830.507 sets forth two alternative sampling methods
to be followed for obtaining a composite sampling for testing
compost.
Section 830.507(a)
sets forth a method which uses
twelve grab samples.
Section 830.Table B specifies the sample
holding times, sample container types, and minimal collection
volumes ~o 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.
Pesticide Residues
-
In its proposal, the Agency declined to recommend standards
for pesticide levels in end—product compost.
Such standards had
originally been proposed by DENR, based on the U.S.D.A.’s
tolerances for pesticide chemicals in or on hay crops.
(Baer at
69-70.)
Furthermore, Ms. Hoelscher argued that testing should be
27
required for pesticides and their metabolites until research
supports the removal of such a requirement.
(Tr.
2 at 66.)
In
her testimony,
Ms. Hoelscher cited a report by Hegberg,
Hallenbeck, Brenniman and Wadden of the Office of Technology
Transfer, University of Illinois Center for Solid Waste
Management Research, School of Public Health, which states that,
“little published data exists”
(Tr.
2 at 62), and a study by
Kovacic,
Bicki and Cahill of the Institute for Environmental
Studies at the University of Illinois, which indicates that
pesticides may persist in end-product compost
(Tr.
2 at 64).
Dr.
William Hallenbeck also expressed concern about pesticide levels.
(Public Comment #3.)
The Agency based its decision not to require pesticide
testing on a statewide study of the pesticide levels in end-
product compost published by DENR in August
1992.
(Ex.
1-72.)
In
this study, DENR collected 44 samples from 11 compost
facilities
throughout
the
state
in
both
urban
and
rural
areas.
(Baer at
70.)
The
study
found
that
the
average
levels
of
pesticides detected in end—product compost
were well below the
allowable levels specified by U.S.D.A.
Only one sample exceeded
the USDA limits, and this exceedence was for the pesticide
atrazine.
The Agency disputed the validity of this exceedence
since the DENR did not use a standardized sampling method.
Thus, the sample with the atrazine exceedence could have been
from compost that had not completely stabilized,
and the
pesticide would therefore have been subject to further
degradation.
(Baer at 72.)
Furthermore, the Agency indicated that the costs of testing
for pesticides could be prohibitive.
The tests originally
proposed by DENR would cost around $1,000.
(Baer at 74; see Ex.
1-33.)
The Agency also noted that no other state or foreign
country has established pesticide standards for end—product
compost.
(Baer at 75.)
For these reasons, the Board will not
adopt pesticide levels for end-product compost or testing
requirements for pesticides at this time.
Subpart
F’:
Financial Assurance
This Subpart applies to permitted facilities only.
The
owner or operator of such 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.”
(Taylor at 2.)
The Agency has interpreted this section as requiring only a
showing of compliance with a permit approved plan to restore the
site, not as requiring binding financial commitments.
(Taylor at
2.)
The regulations specify that the plan must contain, at a
28
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.
An operator is not required to comply with the requirements
of this part if the operator demonstrates that closure and post
closure plans filed will result in closure of the facility in
accordance with the requirements of this Part, and the operator
has provided financial assurance adequate to provide for such
closure.
Part 831: Information to be Submitted in
a Permit A~~lication
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 to it 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.
For example, the standard requirements address
signatures required, permit fees,
identification numbers, permit
modification requirements, closure plans, and permit renewal
requirements.
Other sections are more specific as to landscape waste
compost facilities.
For example, 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 gall 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.
Section 831.110 requires a legal description of the facility
boundaries.
Part 832: Procedural Requirements for Permitting Compost
Facilities
This Part sets forth the procedural rules the Agency will
follow in processing permit applications.
As with Part 831, this
29
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 it unmodified.
For the most part the requirements for processing permits
for landscape waste compost facilities tracks 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.
(Bakowski at
9.)
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 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.
(Bakowski at 9.)
The remaining six sections address the standards for issuing
and denying a permit,
the right to appeal under Section 40 of the
Act and the term and 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.
The proposed rule pertaining
to permit renewal cross-references the requirements and time
schedules for permit applications.
CONCLUSION
30
The regulations proposed 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.
We welcome
comment by all interested persons during first notice.
ORDER
The Board hereby proposes the following regulations, to be
codified at 35 Ill. Adm. Code Parts 830-832.
The Board directs
the Clerk to cause publication of these regulations in the
Illinois Reaister for first notice.
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
i:
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
Exemptions
830.105
Permit-Exempt Facility
830.106
On-Farm Compost Operation
830.107
Compliance Timeframe for Existing Facilities
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 Landscape Waste Compost Facilities
830.205
Additional Operating Standards for Landscape Waste
Compost Facilities
830.206
Operating Plan for Landscape Waste Compost Facilities
830.207
Salvaging at Landscape Waste Compost Facilities
31
830.208
Access Control at Landscape Waste Compost Facilities
830.209
Load Checking Program at Landscape Waste Compost
Facilities
830.210
Personnel Training for Landscape Waste Compost
Facilities
830.211
Recordkeeping for Landscape Waste Compost Facilities
830.212
Contingency Plan for Landscape Waste Compost Facilities
830.213
Closure Plan for Landscape Waste Compost Facilities
SUBPART E: QUALITY OF FINISHED PRODUCT
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.TABLE A
Inorganic Concentration Limits for General Use
Compost
830.TABLE
B
Sampling and Handling Requirements
830.APPENDIX
A
Early
Detection
and Groundwater Monitoring Program
AUTHORITY:
Implementing
Sections
5,
21,
22.33,
22.34,
22.35
and
39
and
authorized
by
Section 27 of the Environmental Protection
Act.
(41~5ILCS
5/5,
21,
22.33,
22.34,
22.35,
27
and
38)
SOURCE:
Adopted at
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
32
2)
Testing procedures and standards for end—product
compost offered, by a facility, for sale or for
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. Ada. Code 807 or 810 through
815, except that any accumulation of materials
meeting the 35 Ill. Ada. Code 810 definition of a
waste pile shall be subject to 35 Ill. Adm. Code
810 through 815.
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. Ada.
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 for use in Illinois; the testing
requirements set forth in Subpart E are applicable
to facilities offering general use compost for
sale or for 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. Ada. 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. Ada. Code 831 and 35
Ill. Ada.
Code 832 shall be the same as that applied to the same word or
term in the Environmental Protection Act (“Act”)
(415 ILCS 5/1 et
seq.)
33
“Act” means the Environmental Protection Act,
(415 ILCS
5/1 et. seq).
“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 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.
“Aerobic” means done in the presence of free oxygen.
“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.
34
“Closure” means the process of terminating composting
facility operations pursuant to applicable Sections in
this Part,
35 Ill. Ada. Code 831 and 35 Ill. Ada. 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 composting 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.
35
“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
55/1
et
seq.))
“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 composting 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
the
36
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 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 compost operation” 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
37
access are also considered on—site property.
“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.
“On—site/off—site 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.
“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”
ihall mean the operator of the composting operation.
“Registered professional engineer” means a person
registered under the Illinois Professional Engineering
Practice Act (225 ILCS 325/1 et seq.
(1993)).
“Relatively impermeable soil” means a soil located
above the water table that has a hydraulic conductivity
no greater than
1 x 10~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
38
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.
“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
THIS
ACT
OR
REGULATIONS
THEREUNDER.
(Section
3.43
of
the
Act.)
“Septage”
means
the liquid portions and sludge residues
removed
from
septic
tanks.
“Sewage” means water—carried human and related waste
from any source.
“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. Ada. 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
39
raw material for composting is processed, temporarily
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
(1(20).
“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.
40
b)
“Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,”
(Third Edition, September,
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 & 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); OR
b)
APPLYING LANDSCAPE WASTE OR COMPOSTED LANDSCAPE WASTE
AT AGRONONIC 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 Compost Operation
A landscape compost operation on a farm must satisfy all of
the following criteria:
41
a)
THE COMPOSTING FACILITY IS
OPERATED
BY THE
FARMER
ON
PROPERTY ON WHICH THE COMPOSTING MATERIAL IS 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;
b)
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;
c)
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
d)
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.
e)
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:
42
A)
THE VOLUME OF COMPOSTING MATERIAL RECEIVED
AND
USED AT THE SITE during the previous
calendar year; and
B)
The volume of compost produced during the
previous calendar year.
(Section 21(q) of the Act.)
Section 830.107
Compliance Date
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)
Within one year of the effective date of these
regulations,
all operators of existing 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)
Within one year of the effective date of these
regulations, 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 830606.
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. Ada.
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.
Section 830.108
Severability
If any provision of these regulations is adjudged invalid, or if
the application thereof to any person or in any circumstance is
43
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)
Section 830.202 is applicable to all landscape waste
compost facilities subject to this Part,
except any on-
site landscape waste compost facility.
b)
Section 830.203
is applicable to all landscape waste
compost facilities subject to this Part,
except:
1)
any on—farm compost operation;
2)
any on-site landscape waste facility which
composts less than 100 cubic yards of landscape
waste per year.
c)
Sections 830.204 through 830;213 are applicable to all
landscape waste compost facilities that:
1)
are required to have a permit; or
2)
offer end—product compost for off—site sale or use
and compost 100 cubic yards or more of landscape
waste per year.
Section 830.202
Minimum Performance Standards and Reporting
Requirements
Except as otherwise provided at Section 830
•
201(a), any operator
of a landscape waste compost facility 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)
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 and
other sources of nuisance during composting include but
are not limited to: timely processing of incoming
material; maintenance of optimum temperature and
moisture in the composting material; preventative
measures to control dust and noise generated from truck
or equipment operation; and preventative measures to
44
control odor during turning, by taking into
consideration the time of day, the wind direction, and
the moisture level, estimated odor potential,
and
degree of maturity of the composting material.
C)
The operator shall have available for inspection a plan
for the intended use 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; advertising and labeling; management of
inventory to provide a reliable supply; establishing
markets and matching the product to customers’ desires
and needs; maintaining consistent product quality for
such factors as stability,
color, texture, odor,
pH,
and man—made inerts; competitive pricing with other
composts and soil amendments, such as topsoil and peat
moss; transportation costs; bagging versus bulk sales;
and removal of end—product compost that cannot be used
in the expected manner because it does not meet the
general use compost standards due to changes in market
conditions.
d)
Landscape waste shall be processed within five days of
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.
e)
The facility shall 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 shall be controlled so as not to
cause or contribute to a violation of the Act.
f)
The facility shall 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.
g)
General use compost,
if offered for sale or use, must
meet the performance standards set forth
in Section
830.503.
45
h)
Reporting Requirements.
1)
The operator of any facility required, pursuant to
35 Ill. Ada. Code 831, to have a permit SHALL
SUBMIT A WRITTEN ANNUAL STATEMENT TO THE AGENCY,
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); and
B)
An estimate of the amount and
disposition of compost material
(i.e.,
end-product compost, chipped!shredded
brush)
in the previous calendar year.
2)
For any permit-exempt facility compostirig over 100
cubic yards of landscape waste per year,
a report
shall be filed by April 1st 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.
i)
Closure.
1)
Unless otherwise authorized in a facility permit,
all landscape waste, composting material, end—
product compost, and additives shall 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.
46
3)
By April 1 of the year following completion of
closure, the operator of a facility required to
report pursuant to subsection
(h) (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.
Section 830.203
Location Standards for Landscape Waste
Compost Facilities
Except as otherwise provided at Section 830.201(b),
the landscape
waste compost facility 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 shall be LOCATED AT LEAST 1/8 MILE FROM
THE
NEAREST RESIDENCE (OTHER
THAN
A RESIDENCE LOCATED
ON THE
SANE
PROPERTY AS THE FACILITY).
(Section 39(m)
of the Act.)
If, at the time the facility permit
application is deemed complete by the Agency pursuant
to 35 Ill. Ada. 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, an additional standard,
set
forth in Section 830.205(a) (2) (B), shall apply to help
minimize incompatibility with the character of the
surrounding area.
The Agency may determine that the
additional standards of 830.205(a) (2) (B)
apply to
composting areas of other facilities considering
population density, prevailing winds, facility size,
proposed capacity, and topography.
d)
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
47
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.
e)
The facility must meet all requirements under the Wild
and Scenic Rivers Act
(16 U.S.C.
1271 et seq.).
f)
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.
g)
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);
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).
h)
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).
48
Section 830.204
Additional Stormwater and Landscape Waste
Leachate Controls at Landscape Waste Compost
Facilities
In addition to the leachate control requirement set forth in
Section 830.202(e),
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. Ada. Code Subtitle C.
b)
Ponding of landscape waste leachate within the facility
shall be prevented, except to the extent done by design
and approved in writing by the Agency or 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 Landscape
Waste Compost Facilities
Landscape waste compost facilities must comply with the following
operating standards,
in addition to those set forth in Sections
830.202 and 830.204:
a)
Composting Process
1)
Landscape waste compost facilities shall meet the
following composting process standards:
A)
Landscape waste shall be processed within 24
hours of 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)
If the location of the facility is such that
additional standards are required, pursuant
to Section 830.203(c),
to help minimize
49
incompatibility with the character of the
surrounding area, then landscape waste shall
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.
C)
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 shall be altered to suit the
varying oxygen requirements that different
landscape wastes may have.
D)
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.
E)
The staging area shall 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.
F)
Neither landscape waste nor composting
material shall 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.
G)
The facility shall 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.
H)
The operator shall obtain written
authorization from the Agency to use any
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 landscape waste compost facility
using an open composting process shall turn each
windrow or other pile at least four times per year
50
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 landscape waste compost facility
using a contained composting process shall have
mechanisms to control moisture, air flow and air
emissions.
These mechanisms shall be operated and
maintained throughout the landscape waste
composting process as specified in any permit
required pursuant to 35 Ill. Ada. Code 831.
4)
Operators of 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 shall
be maintained at 55°Cor greater and, during
the same period, each windrow shall be turned
a minimum of 5 times;
B)
If the facility uses an aerated static pile
composting process, the composting material
shall be covered with 6 to 12 inches of
insulating material, and the temperature
throughout each pile material shall 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 shall be
maintained at 55°Cor greater for
3
consecutive days.
b)
Composting Surface
1)
Open Composting Processes
A)
Composting areas shall be located on
relatively impermeable soils,
as
demonstrated either by actual
measurement or subject to an early
detection and groundwater monitoring
program, pursuant to subsection
(m) (4)
of this Section.
51
B)
The composting surface shall 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 shall 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, or
authorized in writing by the Agency.
2)
Contained Composting Processes
A)
Composting areas at facilities at which
composting material or leachate comes into
contact with an open surface shall be:
i)
Located on relatively impermeable soils,
as demonstrated by actual measurement;
or
ii)
Subject to an early detection and
groundwater monitoring program, pursuant
to subsection
(m) (4) of this Section.
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 shall
be used or additional equipment brought on site as
necessary to comply with the requirements of this Part
52
and any pertinent permit conditions.
e)
Open Burning.
Open burning is prohibited except in
accordance with 35 Ill. Ada. 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.
Ada. Code 212.
g)
Noise Control.
The facility shall be designed,
constructed, operated and maintained so as not to cause
or contribute to a violation of 35 Ill. Ada. Code 900
through 905 or of Section 24 of the Act.
h)
Vector Control.
Insects, rodents, and other vectors
shall be controlled so as not to cause or contribute to
a violation of the Act.
i)
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 shall 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 shall
be collected in a secure container for later
disposal; and
2)
Litter shall be confined to the property on which
the facility is located.
At the conclusion of
each day of operation,
any litter strewn beyond
the confines of the facility shall 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—compostable wastes
received at the facility.
Disposal shall be at a
facility approved to receive such waste in accordance
with applicable Board regulations at 35 Ill. Ada. 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
53
onto public roadways.
in)
Monitoring
1)
For batch, windrow and pile systems:
A)
The temperature of each batch, windrow or
pile of composting material shall be
monitored on a weekly basis;
B)
The moisture level
in each batch, windrow or
pile of composting material shall be
monitored once every two weeks; and
C)
For aerobic composting, the oxygen level of
each batch, windrow or pile of composting
material shall be monitored weekly.
2)
For in—vessel continuous feed systems:
A)
The temperature of the composting material
shall be monitored daily;
B)
The moisture of the composting material shall
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 shall be
monitored daily.
3)
Early detection and groundwater monitoring,
if
required pursuant to Section 830.205(b) (1) (A) or
Section 830.205(b) (2) (A), shall be done in
accordance with 35 Ill. Ada. Code 830.Appendix A.
Section 830.206
Operating Plan for Landscape Waste Compost
Facilities
All activities 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 facility;
b)
A description of the anticipated quantity and variation
54
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) (E);
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.
The operating plan must
include:
1)
A management plan for bad loads;
2)
Specification of a readily-available supply of
bulking agents, additives or odor control agents;
3)
A demonstration that the processing and management
of anticipated quantities of landscape waste can
be accomplished during all weather conditions;
4)
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
55
problem at the facility;
5)
Procedures for avoiding delay in processing grass
clippings and other succulent material;
6)
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;
D)
Estimated odor potential; and
E)
Degree of maturity.
7)
Additional odor-minimizing measures, which may
include the following:
A)
Avoidance of anaerobic conditions in the
composting material;
B)
Use of mixing for favorable coinposting
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 cgmposting.
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;
56
D)
Estimated emission potential;
and
E)
Degree of Maturity; and
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
raoisture 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;
n)
Methods to obtain composite samples and test end—
product compost to demonstrate compliance with Subpart
E of this Part; and
0)
PLANS
FOR
INTENDED
PURPOSES
OF
END-product
compost
(Section 22.33(a) (4)
of the Act).
Section 830.207
Salvaging at Landscape Waste Compost
Facilities
a)
Salvaging operations 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 shall 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)
Shall not be accumulated in a manner meeting the
definition of a waste pile.
Section 803.208
Access Control at Landscape Waste Compost
Facilities
a)
The operator shall implement controls to limit
57
unauthorized access, in order to prevent random dumping
and to ensure safety at the facility.
b)
The facility must have a permanent sign posted at the
entrance specifying:
1)
The name and mailing address of the operation;
2)
The operating hours;
3)
The name and telephone number of the operator; and
4)
Materials which can be accepted.
Section 830.209
Load Checking at Landscape Waste Compost
Facilities
a)
Each load shall be inspected, upon receipt, for its
acceptability at the facility and shall be visually
checked, prior to processing,
for noncompostable waste.
b)
The facility shall reject unacceptable loads.
Section 830.210
Personnel Training for Landscape Waste
Compost Facilities
a)
The operator 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 shall be made available and explained
to all employees.
Section 830.211
Recordkeeping for Landscape Waste Compost
Facilities
a)
Copies of the facility permit,
if required, design
plans, operating plan, and any required reports shall
be kept at the facility, or at a definite location
58
specified in the operating plan or permit if required
as applicable,
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;
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 date and time
received, the name of complainant, the address and
phone number of complainant,
if volunteered upon
request, and name of personnel receiving the
complaint;
8)
The date,
time, and nature of any action taken in
response to an odor complaint;
9)
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;
10)
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;
59
E)
Name and signature of person responsible for
sampling;
F)
Name and address of laboratory receiving
samples,
if applicable; and
G)
Signature of person responsible for sample
analysis.
11)
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
12)
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.
d)
The records required pursuant to this Section shall be
made available during normal business hours for
inspection and photocopying by the Agency.
Such
records shall 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
shall be sent to the Agency upon request.
Section 830.212
Contingency Plan for Landscape Waste Compost
Facilities
a)
A contingency plan shall 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.
60
Section 830.213
Closure Plan for Landscape Waste Compost
Facilities
a)
A written closure plan shall 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 operating plan
or, for permitted facilities,
the facility permit
allows temporary suspension of landscape waste
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 operating plan, or for permitted facilities,
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
61
composting activities and all receipt of landscape
waste materials.
No dumping allowed.
Violators will
be prosecuted.”
Such signs shall 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 shall
be submitted to -the Agency, on a form provided by the
Agency, which shall 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.
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 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 shall be
classified in the following manner:
a)
General Use Compost:
End—product compost which meets
62
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 shall 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;
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 contain fecal coliform 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); and
f)
Must not exceed, on
a dry weight basis, the inorganic
concentrations set forth in Section 830.Table A.
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)
—
(d) of Section 830.503. Such testing shall 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) (H) which may
cause an exceedence of Section 830.203(e) 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
63
Agency.
c)
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,
except as provided in subsection
(e)
of this Section.
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.
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 shall be prepared by one of the following
methods:
a)
Twelve grab samples, each 550 milliliters in size,
shall 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.
The twelve grab samples shall be thoroughly mixed
to form a homogenous composite sample. Analyses
shall be of a representative subsample. The sample
holding times,
sample container types and minimum
collection volumes listed in Section 830.Table B
64
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. Ada. 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.
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. Ada. Code 831, to have a permit shall demonstrate
compliance with the financial assurance plan
requirement set forth in Sections 22.33,
22.34 and
22.35 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. Ada. 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. Ada. 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. Ada. Code 831.212, 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
65
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.
Section 830.604
Financial Assurance Fund
a)
The operator shall 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 shall be used
to cover the cost of closure.
C)
Upon certification of completion of closure, any
financial assurance funds remaining shall 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 of the
initial receipt of waste,
except that facilities
in operation on the effective date of this Part
shall fully fund the account within one year of
the effective date; and
2)
Thereafter maintain full funding pending the
expenditure of such funds to cover the costs of
closure.
66
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;
)
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
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, one year from the
effective date of this Part and 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.
Section 830.Table A:
Inorganic Concentration Limits for
General Use Compost
67
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
Molybdenum
50
7480 or 7481 or 6010
Nickel
420
7520 or 6010
Selenium
36
7740 or 7741
Zinc
2,800
7950 or 7951 or 6010
Section 830.Table B:
Sampling and Handling Requirements
Parameter
Container
Minimum
Preservation
Maximum
Type
Sample
Storage
Size
Time
(ml)
Man—made
materials
P, G
1,000
Do not freeze
28 days
pH
P, G
50
Analyze immediately
Seed
Germination
P, G
1,000
Analyze immediately
Self—heating
P, G
4,000
Analyze immediately
Pathogens
P, G
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)
68
Section 830.Table C:
Seed Germination Record Sheet
Date Test Initiated:
Date Test Read:
Person responsible for test:
Germination
Blend
Pot II)
Number
of
Number
of
Annual
Rve2rass
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
+
A~)/4
X 100
=
____
Germination
(C1
+ C2 +
C3 +
Blend B
=
+
B2
+
B~+B1)/4 X 100
=
Germination
(C1
+
C2 +
C3
+
C4)/4
Radish
Blend A
=
+
+ A~+
A1)/4 X
100
=
____
Germination
(C1
+ C2
+
C3 + C4)/4
Blend B
=
+
B2 +
B3
+ B4~/4X 100
=
____
Germination
(C1
+
+
C3
+
C4)/4
69
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
$eedlin~ Parameter None Slight
Moderate
High
B1
-
B4
Ryegrass
Wilting
B1
-
B4
Ryegrass
Chlorosis
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:
70
Section 830.Appendix A:
EARLY
DETECTION AND GROUNDWATER
MONITORING PROGRAM
The operator of a compost facility subject to the monitoring
requirements of 35 Ill. Ada. Code 830.205(b) (1) (A)
or 35 Ill.
Ada. 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
Section to characterize the subsurface and determine
the location and quality of groundwater beneath the
facility.
2)
An appropriate monitoring system shall 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 of 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 shall 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 shall 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 shall be
submitted to the Agency as part of an application for a
facility permit.
71
b)
Hydrogeologic Site Investigation.
The operator shall
conduct a hydrogeologic site investigation to obtain the
following information:
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 shall 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 shall be identified;
4)
Water—bearing sediments or geologic units beneath the
facility, their classification pursuant to 35 Ill. Ada.
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 shall 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
con’v’erted 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, shall be sealed in accordance with the
standards of 35 Ill. Ada. Code 811.316.
d)
Monitoring System
1)
Early Detection System
A)
Monitoring device(s) shall be installed:
i)
Hydraulically upgradient from the facility or
at sufficient distance from the composting
72
area so as not to be affected by it, to
establish representative background water
quality in the waters beneath (or near)
the
facility; and
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 shall be those expected
to be in the leachate, taking into consideration
the type of compost facility.
C)
If lysimeters are utilized, the following
requirements shall be used in designing an
adequate monitoring system;
i)
Lysimeters shall 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 shall be sampled
within 48 hours of 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
shall 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)
shall be installed:
i)
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 shall be those expected
to be in the leachate, taking into consideration
the type of compost facility.
73
C)
The groundwater monitoring system shall be
installed at the closest practicable distance from
the composting area boundary, or at an alternative
distance specified by permit.
3)
Approval of any early detection monitoring system or
groundwater monitoring system shall be obtained from
the Agency prior to operation.
e)
Evaluation
1)
Further evaluation of an impact to underground water
shall be required if:
A)
An exceedence of the appropriate standard as
stated in 35 Ill. Ada. 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. Ada. Code 811.320(e),
is observed.
2)
An impact as described in subsection
(e) (1) (A)
or
(e) (1) (C)
of this Section shall be confirmed by
resampling the underground water within 30 days of 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 of 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 of 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.
74
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 shall be tested to demonstrate
compliance with one of the pathogen reduction standards set
forth in Section 830.503(e).
Such testing shall 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 Ill. Ada. 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. Ada. Code 830.103, for Salmonella sp. bacteria.
C)
pH
The following protocol shall 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. Ada. 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 shall 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;
75
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
percent, 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
moisture)
(dry weight basis)
(grams)
(grams)
A
960
320
(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.
76
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
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.
77
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER i:
SOLID WASTE
AND
SPECIAL WASTE HAULING
PART 831
INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION
SUBPART A:
GENERAL INFORMATION REQUIRED FOR
ALL COMPOST FACILITIES
Section
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 38)
SOURCE:
Adopted at
Ill. Register
,
effective
_______
NOTE:
Capitalization denotes statutory language.
78
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.
Ada. Code 830.102 apply to this Part.
Section 831.102
Severability
If any provision of these regulations 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.
Ill.
Rev. Stat.
1991,
ch. lii, par. 5201.
(225 ILCS
325/1 et seq..
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 shall 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:
79
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 shall 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 shall 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 scape 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);
80
g)
All areas identified 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
shall 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 shall 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 shall 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
81
control runoff and leachate generated by the
facility’s operation shall 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 shall 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. Ada. Code:
Chapter I.
Such
description shall 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
SANE
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. Ada. Code 830.206;
82
d)
An early detection or groundwater monitoring system
design,
in accordance with 35 Ill. Ada. Code
830.Appendix A,
if required pursuant to 35 111. Ada.
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. Ada. 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. Ada. Code
830. 210.
Section 831.110
Legal Description
The permit application shall 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 pn 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 shall contain a written closure plan
which contains a description of methods for compliance with
all closure requirements in 35 Ill. Ada. Code 830.
83
Section 831.113
Financial Assurance
The permit application shall contain methods to ensure
financial assurance satisfying the requirements in 35 Ill.
Adin. 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. Ada. 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. Ada. Code
830.Appendix A.
c)
The operator shall provide a new cost estimate for
closure pursuant to 35 Ill. Ada. Code 830.213 and 35
Ill. Ada. Code 830.Subpart F, based upon the maximum
cost of premature final closure in the next permit
term.
84
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
Section
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 of 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, 39.2 and 40 and authorized by Section 27 of the
Environmqntal Protection Act.
(415 ILCS 5/5, 21, 22.33,
22.34,
22.35,
27 and 38)
SOURCE:
Adopted at
Ill. Register
,
effective
NOTE:
Capitalization denotes statutory language.
85
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. Ada. Code 831.
The definitions set forth
in 35 111. Ada. Code in 830.102 apply to this Part.
Section 832.102
Severability
If any provision of these regulations 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 shall be made on forms prescribed by
the Agency, and shall 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),
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.)
1)
At a minimum,
the newspaper notification must
meet the following requirements:
86
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 the Section 3 of the
Illinois Notice by Publication Act (715
ILCS 5/3
(1992)).
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 of the date of last publication.
The
Agency address and the phone number(s) of
the bureau(s) and section(s) reviewing the
permit shall be provided.
3)
The notification shall not be published more
than 3 months before filing the application and
shall commence no later than the filing date.
Copies of the newspaper notification shall
either accompany the application or be sent to
the Agency within 30 days of 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
form and with the content required pursuant to this
Part,
35 Ill. Ada. Code 830 and 35 Ill. Ada. Code
831.
However,
if, pursuant to the standards for the
87
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
shall 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 shall
constitute a new application for the purposes of
calculating the Agency decision deadline date.
e)
Final action shall 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. Ada.
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.
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
88
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. Ada. 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. Ada. 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. Ada. 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.
Section 832.110
Term of Permit
No permit issued pursuant to this part shall have a term of
more than 10 years.
89
Section 832.111
Transfer of Permits
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 shall 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, adainistrative,
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
Application for modification of an approved permit shall be
subject to all requirements and time schedules set forth in
this Part.
90
SUBPART
C:
ADDITIONAL
PROCEDURES
FOR
THE
RENEWAL
OF
PERMITS
Section 832.301
Time of Filing
An application for renewal of a permit shall 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 be subject to the
requirements and time schedules set forth in Subpart A of this
Part.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution
Control Board,
hereby certify that the
ye opinion and order
was adopted on the
~
day of
________________,
1994, by
a vote of
~-‘
Dorothy M. G
,
Clerk
Illinois P0
u ion Control Board
