ILLINOIS POLLUTION CONTROL BOARD

September 15,

1994

IN THE MATTER OF:

)

R93—29

REGULATION OF LANDSCAPE

)

(Rulemaking)

WASTE COMPOST FACILITIES

)

35 ILL. ADM. CODE 830-832

)

Proposed Rule.

Second Notice.

OPINION

AND

ORDER OF THE BOARD

(by M. McFawn):

On November 30,

1993,

the Illinois Environmental Protection

Agency

(Agency)

filed with the Board a proposal for regulating

landscape waste compost facilities in Illinois.

The Agency filed

its proposal 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.

On June 30,

1994 the Board adopted for first notice an

opinion and order containing proposed regulations for landscape

waste compost facilities,

and testing procedures and standards

for end-product compost produced by such facilities.

In

accordance with Section 5.01 of the Illinois Administrative

Procedure Act and Section 102.342 of the Board’s procedural

rules,

a forty—five day public comment period commenced when the

proposed regulations were published in the Illinois Register on

July 15,

1994.

Today, the Board acts to send the proposed rules

to second notice.

REGULATORY

FRAMEWORK

The

original

proposal

was

developed

by

the

Agency

with

the

assistance

of

the

Department

of

Energy

and

Natural

Resources

(DENR) and a compost advisory committee composed of a balanced

representation of interest groups, which was appointed by the

Agency and DENR,

and titled the Compost Quality Standards

Technical Advisory Committee

(CQSTAC).

The first part of the

three part regulatory proposal ultimately submitted by the Agency

was developed based on input from all three bodies.

That part,

Part 830, contains the location and performance standards for

compost facilities and the quality standards for end-product

compost.

The second and third parts proposed by the Agency,

Parts 831 and 832, are based on its own experience and are

intended to codify permitting procedures and requirements already

in place for these types of facilities.

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2

The first notice proposal adopted by the Board was based for

the most part on the proposal developed by the Agency,

DENR and

CQSTAC.

Parts 831 and 832 were not changed.

The most

significant change was proposed at Part 830.

The Board proposed

to expand the applicability of the location and performance

standards.

The location standards at Section 830.203 were

proposed as applicable to all but garden compost operations and

permit—exempt facilities composting less than 100 cubic yards of

material in a year.

The performance standards contained in

Sections 830.204 through 830.213 were proposed as applicable to

those permit—exempt facilities composting 100 cubic yards or more

of material in a year and distributing it off-site, as well as

being applicable to permitted facilities regardless of size.

The

Agency had proposed that these location and more stringent

performance standards be applicable only to permitted facilities.

Hearinc~During First Notice Period

At the April 15,

1994 hearing in Chicago, Mr. David Albers

questioned whether the statutory setback provisions should not be

applicable to commercial facilities as well as residences,

and

another member of the audience raised as an issue the possibility

that certain air-borne contaminants might be associated with the

landscape waste composting operations.

At that hearing, however,

the participants were only prepared to raise these issues, not to

go forward that day or at the upcoming hearing scheduled in

Springfield.

For that reason and to solicit and hear testimony

concerning the rules proposed for first notice, the Board

scheduled a hearing during first notice which was held on August

3,

1994 in Chicago.

Testimony was given by the Agency, the

proponent of the original proposal, Mr. Jerome Joyce, Mr. Mark

Heffernan,

Ms. Lisa Disbrow of Waste Management Inc.,

and Mr.

David Albers.

Since that hearing, written public comments have been

received from the following persons,

in addition to those

previously submitted after the first two public hearings and

before the August 3rd hearing in this matter.

The most recent

comments were submitted by:

#7

Mr. Thomas Augustine

#8

Mr. Mark Heffernan

#9

Dr. Michael A. Cole

#10

Illinois Environmental Protection Agency

#11

Browning Ferris Industries

#12

Waste Management Inc.

#13

Citizens for a Better Environment

#14

city of Chicago

The Board has considered all of the testimony given at the

most recent hearing,

as well as the previous two,

and all of the

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3

public comments received to date in making its decisions on this

proposal.

ISSUES RAISED DURING FIRST NOTICE

Four issues were raised during first notice.

The first is

whether the applicability scheme proposed at first notice should

be modified, and if so, how.

The second issue centers on how

best to control odor and other nuisances commonly occurring at

landscape waste compost facilities.

When the origin of odor was

discussed, the quantity of methane emissions from open landscape

waste composting operations was also questioned and scrutinized.

The third issue is whether the requirements pertaining to

inorganic constituents in the end—product are correct.

The final

issue, and the only one new since the adoption of first notice,

involves possible air—borne contaminants from these operations,

particularly

Aspergillus

fungi.

Each of these four issues, as

well as related topics, are discussed in greater detail below.

Applicability Based Upon Facility Class

The Board proposed to make these regulations applicable to

landscape compost facilities to the maximum extent possible given

the applicability and permitting constraints of Sections 21(q),

22.33, and 39(m)

of the Act based upon the Board’s belief that

permit-exempt facilities have the same potential to impact

groundwater and surrounding properties as permitted facilities.

The applicability scheme proposed by the Board at first notice

was dependent in part upon a facility’s size.

The Board proposed

a 100 cubic yard cut-off for facilities composting landscape

waste generated only on—site, acknowledging that number was

chosen because the Agency had considered this size sufficiently

significant to warrant annual reporting.

(First Notice Opinion

at

9.) The Agency had declined the Board’s previous invitation at

hearing to propose an appropriate volumetric cut—off,

so at first

notice the Board specifically solicited comments about the

appropriateness of the 100 cubic yard volumetric cut-off and the

applicability scheme in general.

The only comments received thereafter concerning this issue

were those from the Agency.

Based upon those and the Agency’s

testimony at hearing, coupled with testimony from others

concerning the environmental nuisances most threatened by

landscape waste compost facilities, the Board has redefined the

applicability scheme proposed at first notice.

In its public comment, the Agency requested clarification by

the Board of the applicability scheme proposed at first notice.

The Agency found the “six” classes of facilities defined by the

Board to be confusing.

(P.C.//lO at p.

11.)

Actually, the Board

only defined five classes of facilities, but two of these were

further subdivided into two categories depending upon their size.

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4

The Agency found confusing the phraseology of Section 830.201:

Scope and Applicability.

The Agency pointed out that some

classes were “exempted” from regulations, while others were

“subjected” to regulations.

Accordingly, the Board has

restructured this section using a uniform approach whereby the

facility’s type,

as defined at Section 830.102, will dictate

which performance standards are applicable.

The major,

and more general,

concern held by the Agency,

however,

involves the difficulty in making the location and

performance standards applicable to permit—exempt facilities.

Absent the permitting mechanism, the Agency questions how it is

to authorize alternatives from various requirements set forth in

the regulations,

and how facilities denied such alternatives are

to appeal the same.

The Agency’s first example questions how the

Agency is to impose additional performance standards if the

permit—exempt facility is located near off—site residences and

there is the possibility of a need to minimize incompatibility

with character of the surrounding area.

(See proposed Section

830.203(c).)

The Agency questions how and who would make such a

determination.

The other examples given by the Agency question

how alternative additives are to be authorized by the Agency

pursuant to Section 830.205(a) (1) (H), and if such an additive

could cause the need to monitor pathogens, how would the Agency

so require absent a permit.

(P.C.#l0, pp.

12—13.)

At hearing, an extensive discussion took place between the

Agency and the Board concerning whether there is an appropriate

size cut-off for applying the location and more stringent

performance standards.

As already explained at first notice the

Board proposed a cut—off of 100 cubic yards of composted material

per year, the same size cut—off proposed by the Agency for

requiring annual reporting by permit-exempt facilities.

The

Board used this size because no other cut—off was discernable

from the record.

The Board thought perhaps an appropriate size

could be ascertained, but the original list of landscape waste

facilities in Illinois was deemed unreliable.

(First Notice

Opinion at 9.)

Therefore,

the Board requested,

and the Agency

provided,

a corrected table.

The subsequent discussion about the

new table did not elicit any discernable cut-off, although it

became clear that the Agency meant the size of a facility to be

based upon the amount of composting material on—site at any one

time,

as opposed to its annual through-put.

Accordingly, the

size cut-off for requiring permit—exempt facilities to submit

annual reports has been so amended at Section 830.202(i).

The Board originally proposed to subject permit-exempt

facilities to the location and more stringent performance

standards because a facility’s statutorily prescribed permitting

status is not premised on the threat it poses to the environment.

A permit-exempt facility can pose the same threats to the

environment as a facility required under the Act to have a

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5

permit.

Ultimately,

the Board and the Agency agree that threats

to the environment associated with these types of facilities are

not dependent on their permit status. In pointing out that not

all threats to the environment are based upon a facility’s size,

the Agency testified that some threats, e.g.,

those to

groundwater and underlying soils, are dependent on the

operational practices of the facility.

(Tr.3 at 57.)

Accordingly, the Board has deleted the size distinction.

The

location standards at Section 830.203, which parallel those set

forth at Section 39(m)

of the Act, are now applicable to permit-

exempt and permitted facilities alike, regardless of size.

We have also reduced the applicability of performance

standards.

Permit—exempt facilities will only be subject to the

minimum performance standards set forth

in Section 830.202.

Along with the deletion of the size cut-off, we have deleted the

requirement that some permit-exempt facilities be subject to the

more stringent performance standards set forth at Sections

830.204

et seq.

We are persuaded by the Agency’s comment that,

in the absence of a permit, the route for granting authorization

or appealing denial of the same is difficult.

However, to insure

that permit—exempt facilities do not pose unnecessary threats to

the environment, the minimum performance standards have been

expanded.

The critical elements of the additional, more stringent

performance standards have been grafted into Section 830.202.

Added are the requirements that all facilities subject to

performance standards:

(1) take specific measures to control for

litter and vectors at subparagraph

(c);

(2) have and adhere to an

odor management plan at subparagraphs

(C)

and

(e); and

(3)

inform

the public about how to register complaints and forward

information about such complaints to the Agency on an expeditious

schedule at subparagraphs

(i)

and

(m).

The last requirements are

discussed in more detail below wherein odor problems and control

of the same are addressed.

Finally,

as originally proposed by

the Agency, the minimum performance standards remain applicable

to permitted facilities and permit-exempt facilities,

including

on—farm landscape waste compost facilities.

Control of Odor and Related Issues

At the April 15th hearing,

Mr. David Albers expressed

concern that the set back requirements established by statute do

not protect neighbors from the odors emanating from landscape

waste compost operations, particularly since the set back

requirements are not applicable to commercial neighbors.

At the

August 3rd hearing, he elaborated upon this and the enforcement

difficulties associated with odor complaints.

In the context of

the odor discussion,

the question about whether monitoring for

specified oxygen levels should be required was revisited.

Prior

to the first hearing, the Board had asked the Agency whether such

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6

a requirement would be an effective means of averting or,

at

least, reducing conditions giving rise to odor episodes;

the same

issue was raised at the third hearing.

Finally,

at the August

3rd hearing, methane production at landscape waste compost

facilities was discussed.

Public comments responding to each of

these topics were submitted after that last hearing.

Odor and Nuisance Controls.

The testimony given by Mr.

Albers did much to focus the participants on perhaps the most

difficult issue associated with landscape waste compost

facilities:

the odor generated by such composting.

First,

Mr.

Albers testified about the obnoxious odors experienced on

occasion by persons and establishments neighboring compost

facilities.

(Tr.l at 53-56.)

At the August hearing, he

reemphasized that the setback provisions are inadequate and

testified further about the inadequacies of the proposed

regulations for protecting nearby people from odors.

While he

recognized that the setback provisions proposed mirrored those

statutorily established, he requested equal relief

for all

affected.

Mr. Albers acknowledged that the setback requirements

in and of themselves do not solve the problem.

The real problem

is that odor knows no fixed distance.

Thus,

the solution lies

in

regulating the operation of this type of facility.

In response to Mr. Albers’ testimony, the Agency pointed out

that the proposed regulations contain numerous provisions

intended to protect residents from odor nuisances.

The Agency

cited the location standards at Section 830.203(c); the operating

standards at Section 830.205(c) requiring that aerobic composting

be employed; the operating plan at Section 830.206(g)

requiring

details about the management of odorous loads;

and the

recordkeeping requirements in Section 830.211(b) (7)through

(b) (9)

requiring the recording of all odor complaints received and

corrective actions taken.

(P.C.#lO at 7.)

Much of Mr. Albers’ testimony on August 3rd attested to the

difficulties encountered in obtaining enforcement,

informally and

formally, for odor violations.

(Tr.3 at 194—200.)

He also

suggested at least seven requirements as possible aids to the

odor problems and enforcement difficulties they pose.

He

suggested that perhaps berms could be required to catch debris

and attenuate odors;

a specific carbon to nitrogen ratio and

bulking agent inventory could be mandated; use of bulking

materials atop recently turned windrows to act as a biofilter

could be required; adjacent property owners could be notified of

pending enforcement action by the Agency as well as information

about available enforcement mechanisms; operating hours could be

limited to eliminate actions which may create odors during night

hours; adjacent property owners be notified of pending permit

renewals; and finally that the ten year term of a permit be

reduced.

(Tr.3 at 200—210.)

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7

The Agency responded to most of Mr. Aibers’ suggestions in

its public comment.

For example, the Agency explained that the

effectiveness of a berm for nuisance control

is uncertain, and

that defining operating hours may have the opposite effect than

intended——the operator may be constrained from operating

machinery at the very time needed to correct odor causing

situations.

(P.C.#10 at 7-9.)

The Agency further explained its

opinion that some of the suggestions made by Mr. Albers are

already adequately addressed in the regulations.

For example,

the compost recipe at proposed Section 830.206(f)

and

(g)

requires sufficient bulking agent, additive or odor control

agents be readily available, thus addressing the Mr. Albers’

suggestions that bulking agent be applied immediately after

windrow turning, and that there be a mandatory bulking agent

inventory and carbon to nitrogen ratio.

Curiously,

each time the Agency cited already proposed

regulations as addressing Mr. Albers’ concerns, those regulations

were only proposed to apply to permitted facilities.

To insure

that odor control is optimized at all facilities subject to

performance standards, the Board has relocated the most critical

of odor control requirements from Section 830.205 to Section

830.202, specifically subparagraph

(e).

As part of the minimum

performance standards, neighbors of on—site commercial

facilities’, as well as those neighboring permitted facilities,

will be afforded protection because these facilities’ operators

will have to devise and adhere to odor nuisance control plans.

Since objective standards for odor control cannot be adopted for

the reasons described below,

the Board finds that requiring

management plans with the detail originally proposed only for

permitted facilities will minimize the subjectivity of this

regulatory approach at all landscape composting operations

subject to performance standards.

Finally, Mr. Albers sought to alleviate the difficulty

encountered by neighbors seeking relief from possible odor

violations.

He described the difficulty in learning about and

maintaining odor logs,

and his belief that government should be

of more assistance,

e.g.,

via permit renewal and enforcement

notification, posting of signs,

and shorter permit terms.

At

hearing, the Agency addressed these concerns when responding to a

Board question about the possibility of a self-reporting

mechanism.

The Agency suggested that the facilities might be

required to notify the Agency when they are receiving complaints.

(Tr.3

at 235.)

1

As discussed at page

17 of this Opinion, “on—site/off-site

facility” has been renamed “on—site commercial facility”.

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8

Mr. Albers’ experience and suggestions lead the Board to

conclude that the solution to nuisance complaints involving these

facilities is accountability,

as well as the adoption of

operating requirements sufficiently specific to reduce the

incidents of nuisance and enable efficient enforcement.

Accordingly, the Board proposes new regulations which require

these facilities to post and maintain legible signs notifying the

public that complaints can be made to the facilities or the

Agency and which provide their respective telephone numbers.

Furthermore, the facilities will be required to report every odor

complaint received to the Agency within 24 hours, and report the

date,

time,

and nature of action taken in response to such

complaint to the Agency within seven days of receiving the

complaint.

(See proposed Section 830.202(i)

and

(m).)

This way,

the Agency will have a current record documenting which

facilities, permitted or permit—exempt, are experiencing odor

problems.

Given this information, the Agency or its delegated

authority can promptly investigate the complaints as warranted

based on the frequency and nature of the complaints.

Finally, the term of the operating permit will be five

years,

as opposed to the ten years proposed by the Agency.

(See

Section 832.110.)

Recognizing that the Agency can of course

attempt to modify or cancel a facility’s permit in conjunction

with its enforcement powers under the Act, by reducing by half

the term of this type of permit, these facilities will be more

frequently subject to the permitting process.

This will allow

the Agency to review the facilities operating record and make

changes necessary to improve its operations in the context of

odor and other nuisance complaints.

This more frequent scrutiny

will also serve to keep the facility current with changes and

improvements developed in this field.

Monitoring Oxygen Levels.

Prior to the first hearing in

this matter, the Board pre-filed a series of questions for the

Agency to address at hearing.

Specifically, the Board asked if

the regulations should prescribe a minimum oxygen content limit.

The Agency responded that based on discussions with CQSTAC,

compliance with a set limit for oxygen would be technically

infeasible,

and therefore,

should not be adopted.

(Tr.l at 103-

106.)

At the August 3rd hearing, this issue was raised again.

Mr~

Mark Heffernan, president of Convergent Biomass Technologies of

Round Lake,

Illinois testified concerning the anaerobic

conditions inherent in composting operations.

Mr. Heffernan’s

company takes organic waste streams and decomposes them in a

totally enclosed and anaerobic environment.

The product gases

collected have energy value.

(Tr.3 at 77 and 157.)

Mr.

Heffernan testified that the landscape waste composting

facilities “go anaerobic” in a matter of hours due to oxygen

demands.

He testified that you cannot maintain aerobic

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9

conditions over the course of sufficient time necessary for the

decomposition to occur.

He also said to do otherwise,

even if

possible, would economically destroy this type of composting.

(Tr.3 at 98-99.)

When it was suggested that periodic testing for

oxygen levels could determine when a “crisis”

is coming, Mr.

Heffernan responded that such “crisis” would be found every day,

agreeing that “it is next to impossible to maintain aerobic

conditions.”

(Tr.3 at

102.)

Based on the record at first notice, the Board did not

propose oxygen limits or monitoring requirements.

Mr.

Heffernan’s testimony and answers to questions asked of him

concerning this issue did nothing to change that decision.

The

record still does not support such requirements.

As already

stated, the solution to odor problems associated with the

anaerobic conditions experienced at this type of facility are

better addressed by regulating their operations and

accountability to the Agency and their neighbors for odor

nuisances.

Methane production.

Mr. Heffernan’s testimony also

concerned the production of methane gas at composting facilities.

Based on his experience and general knowledge he testified that

the methane content of gas from standard anaerobic decomposition

processes is 50 or

60 percent.

(Tr.3 at 106—107.)

Upon further

questioning, he agreed that this ratio of methane to carbon

dioxide is not necessarily present in an open windrow pile

because there is portion of the pile which is aerobic..

(Tr.3 at

109.)

Dr. Michael cole,

an associate professor of soil

microbiology at the University of Illinois at Urbana-Champaign

who

is also a member of the CQSTAC, submitted comments, which

address the issues of methane generation during landscape waste

composting and the proposed standards for metal content of

landscape waste compost.

Regarding the issue of methane

generation, Dr. Cole notes that Mr.. Heffernan’s statement that

methane constitutes 50 percent of the gases released during

composting

is based on the assumption that the composting process

is predominantly anaerobic.

Dr. Cole asserts that in reality

even though measured oxygen content of a compost pile may be low,

conditions are not necessarily sufficiently anaerobic to permit

methane production.

Dr. Cole notes that systems that produce

approximately 50 percent methane and 50 percent carbon dioxide

are mostly systems that are sealed to exclude air.

However,

a

compost windrow is not a sealed system and permits the entry of

air.

Therefore, methane production is very likely to be limited

to micro—environments and would not be a property of the entire

windrow.

Dr.

Cole notes that even if methane

is produced, there

is a high probability that methane will be oxidized to carbon

dioxide.

(P.C.#9 at

1.)

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10

Dr. Cole contends that even if Mr. Heffernan’s remarks

concerning the generation of methane during composting were true,

the amount of methane generated would be very small in relation

to other naturally—occurring and largely uncontrolled sources.

Dr.

Cole has presented some rough calculations to support his

views.

These calculations show that the maximum methane

generated from yard waste in Illinois under Mr. Heffernan’s

assumptions can be no more than 0.06 to 0.09 percent2 of total

methane generated globally.

Dr. Cole has also presented

calculations that utilize more realistic methane generation data

for yard waste compost operations that suggest that methane

generation from yard waste in Illinois would be in the range of

0.006 to 0.01 percent3.

Based on these estimates,

Dr. Cole

believes that there

is no useful purpose to be served by

requiring operators to minimize methane production.

Further,

Dr.

Cole notes that turning composting material on a frequent basis

is not practical since:

1)

it will interfere with the composting

process due to heat and water loss;

2)

it is not economically

feasible because of high operating costs; and 3) turning would

not diminish anaerobic microsites which occur

in the core of

small compost particles, and therefore would not diminish the

potential for methane production.

(P.C.#9 at 2—3.)

The Board concludes that methane produced by open landscape

waste composting does not warrant regulation in this proceeding.

Toxic Metal Standards

The limits for inorganic constituents found in this type of

compost are set forth in Table A of Part 830.

As proposed at

first notice, testing for these constituents, eight heavy metals,

was specifically not required.

Based on the testimony presented

at the hearing during first notice and comments received

thereafter,

the Board proposes to require testing for~seven of

these constituents

(molybdenum having been deleted4)

on a routine

basis by permitted facilities only.

The levels proposed for

these constituents remain the same as proposed at first notice.

The limits proposed by the Agency were derived from the

Alternate Pollution Limits established by U.S.

EPA for beneficial

2The estimate is based on 2 million tons of carbon being

converted to methane, as used in Dr. Cole’s comments.

3’rhe estimate is based on 2 million tons of carbon being

converted to methane, and not the incorrect value of 20 million

tons used in Dr. Cole’s comments.

4Molybdenum is deleted because it is no longer regulated at

40 CFR 503.

(P.C.#10 at 1.)

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11

use of sludge, and are commonly referred to as the “503

regulations” because they appear at 40 CFR 503.

Initially the

Board questioned whether these levels would be sufficient to

protect against groundwater degradation.

At the April 22nd

hearing, Ms. Joanna Hoelscher of Citizens for a Better

Environment

(CBE)

likewise questioned whether the levels set

would be protective of human health and the environment.

(Tr.

2

at 84—87.)

On behalf of CBE,

Ms. Hoelscher endorses composting,

and

landscape waste composting,

as an important source reduction and

recycling strategy.

(Tr.2

at 79.)

However, CBE cautions that if

the compostable material becomes contaminated with toxic metals

present in the waste stream, the end—product is less useful and

may pose a long term threat to the soils.

(Tr.2 at 59—60.)

CBE

points out the differences in the proposed heavy metals

limitations for landscape waste end—product and those proposed

for finished compost in European countries,

Canada, and other

states.

(Tr.2 at 66.)

Advocating that the Board adopt more

stringent standards than the 503 levels proposed, CBE pointed out

that to do so would not negatively impact the landscape waste

composting operations in Illinois because finished compost from

yard waste generally does not contain high levels of toxic

metals.

(Tr.2 at 72.)

CBE is most concerned that if the

proposed levels are adopted in this proceeding that they be

reexamined at the time other compost waste streams are regulated,

most specifically, mixed municipal waste.

(Tr.2 at 109.)

In

fact,

in response to her final question at hearing, Ms. Hoelscher

stated that she did not object to the limits proposed for the

metals in the context of landscape waste.

(Tr.2 at 122.)

Since that hearing, Ms. Hoelscher has submitted a public

comment urging the Board to review again CBE’s arguments and to

consider the information contained in a memorandum authored by

Dr. Michael Cole,

dated August

10,

1994.

CBE also bases much of

its comments on the information contained in Public Comment #9

submitted by Dr.

Cole.

Furthermore, CBE urges the Board to

consider standards used by other states and countries submitted

by CBE and the Agency.

CBE expresses it preference for “a set of

numbers” that are close to the more conservative Canadian and

European standards.

Finally, CBE states its belief that compost

which contains heavy metals at concentrations higher than

generally found in the soil should not be applied.

(P.C.

#13.)

At the August 3rd hearing, Mr. Heffernan testified that the

proposed standards were inappropriate because they either allow

for the contamination of this waste stream,

or the public would

perceive landscape waste to be comparable to that of composted

sludge, rendering the end—product compost derived from

landscape

waste as difficult to market as composted sludge.

(Tr.

3 at 78-

79.)

Mr. Heffernan testified that he did not believe that the

level of metals

in landscape waste derived compost come “anywhere

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12

near” the proposed numbers.

He also testified that he is

concerned about bioaccumulation of metals in the soils.

(Tr.

3

at pp. 79—81.)

At hearing, the Agency explained that a maximum level for

these metals

is necessary at this time despite the fact that the

end—product compost derived from landscape waste should not

approach these numbers.

The Agency testified that these maximum

levels ensure that the compost is safe for distribution

(Tr.3 at

142 and 144.)

However,

if a landscape waste facility’s end-

product did approach these levels,

the Agency would consider that

the waste stream had been adulterated either by a “source” of

landscape waste or at the facility.

(Tr.3 at 120 and 143—144.)

The Agency also testified that, pursuant to the proposed

definition of additive, only those additives which replace

something that is needed to promote composting will be allowed.

(Tr.3 at 144-145.)

Thus,

the Agency will have the authority to

restrict the type and amount of additives to the extent necessary

to insure that their use does not adulterate this waste stream.

The reason the Agency wants the maximum levels at this time

is to establish a regulatory scheme driven by end—product

standards,

as opposed to a scheme based upon classification of

the end-product dependent upon where the composted material

originates and limitations on its use.

(Tr.

3 at 139—140.)

On

the issue of testing for these constituents, the Agency believes

that there are enough controls at the “gate” which will

effectively screen the landscape waste received.

In conclusion,

the Agency argues that the standards should not be based on

“market considerations” as urged by Mr. Heffernan and reiterates

that because of the sparse database on these compost operations,

the only scientifically defendable limits are the 503 levels.

The Agency acknowledged that the appropriate toxic metal

standards for the end—product derived from this waste stream, as

well as the organic and mixed municipal waste streams, remains

open to debate.

(P.C.

#10 at p.4.)

CBE, Mr.Heffernan, and the Agency cite Dr.

Cole as their

authority why the Board should and should not adopt more

stringent levels for toxic metals in the compost derived from

landscape waste.

We have reviewed both Dr. Cole’s public comment

and his memorandum of August 10,

1994 submitted by Mr. Heffernan

and CBE.

Regarding the standards for metal content of landscape

waste,

Dr. Cole recommends that the Board retain the proposed

standards which are based the 503 regulations for the time being,

but suggests that more appropriate standards be implemented in

the future as

a better database of metal content of Illinois

compost is developed.

In this regard,

Dr. Cole notes that it

is

possible to use compost quality data to estimate values at which

95 percent,

99 percent, or 99.9 percent of the compost produced

---

13

in Illinois would fall within specified values.

To illustrate

how occurrence values may be used as indicators of compost

quality, Dr.

Cole has calculated the confidence intervals5 at 95

percent,

99 percent and 99.9 percent for concentration levels of

seven metals6 using data from a DENR survey7.

Dr. Cole notes that

if the metal concentrations at a confidence

level of 99.9 percent

are chosen as indicators of compost quality, nearly all yard

waste produced in Illinois would meet the 99.9 percent metal

concentrations,

i.e.,

relatively few operators would ever produce

an unacceptable batch.

Further, the metal concentrations under

99.9 percent confidence level are significantly lower than the

proposed standards,

which are based on the 503 regulations.

However,

Dr. Cole admits that the calculated values are only

approximations since they are based on data from only a few sites

sampled in the DENR study.

Dr. Cole expresses concern that there may be no safeguards

to preclude production of heavily contaminated compost because

there is no regulatory requirement for routine analysis for

metals.

Mr. Heffernan also

is concerned about this waste stream

being adulterated.

The rules do, however, at Section 830.202 (a)

prohibit domestic sewage, sewage sludge or septage in compost

material.

This prohibition and the constraint on bulking agents

and additives found at Section 830.202(b), act as safeguards

against contamination by toxic metals of the end—product derived

from this particular waste stream.

Nevertheless, based upon the comments received and the

testimony given, the Board is proposing that these constituents

be tested on the same routine basis as the other parameters set

forth in Section 830.503(a)-(d).

This testing requirement is

applicable only to permitted facilities because they are the only

class which can receive landscape waste from off—site.

Therefore,

this class

is most susceptible to adulteration of the

waste stream.

The Board notes that such testing should enlarge

the very limited data base currently available concerning the

level of toxic metals in landscape waste derived compost.

Whether that data is developed in accordance with the

recommendations suggested by the Agency in its public comments

5For example,

a 95 percent confidence interval means that we

are 95 percent sure that the average concentration of

a

particular metal in finished landscape waste compost produced at

any Illinois facility would fall within the calculated range

6Cadmium, chromium,

copper, lead,

mercury, nickel and zinc.

7”Selected Metal and Pesticide Content of Raw and Mature

Compost Samples from Eleven Illinois Facilities.”

ILENR/RR—

92/09,

1992.

---

14

will depend on how the information generated is used by the

Agency,

DENR,

and other interested parties.

Finally, the Board notes that the Agency has testified that

of the six states which currently have landscape waste composting

standards,

only California currently has metal levels applicable

to landscape waste derived compost.

(Tr.3 at 155.)

The Board

believes that with the addition of the testing requirement there

are sufficient safeguards in place to keep the end—product

derived from landscape waste safe for use in Illinois.

Air-borne Health Risks

At the August

3,

1994 hearing, Mr.

David Albers raised the

issue of potential health impacts from airborne pathogens found

at composting facilities,

such as mold and fungi.

(Tr.3

at 211.)

Mr. Albers introduced into the record a study entitled “General

Background Package,

San Jose, California,” performed by Almaden

Health Surveys and Testing in March 1994 for an organization

called Citizens United for Responsible Environmentalism

(CURE).

(Tr.3 at 218-218.)

This study concludes that

Aspergillus

fungi

and other pathogens caused individuals living near a compost

facility to have higher anti-body titers and more allergy

symptoms than found in a control group.

In its public comment, the Agency addressed the issue of

airborne pathogens.

The Agency reviewed several technical

documents published by U.S.EPA and other states.

This review of

the literature led the Agency to conclude that properly operated

composting facilities should not present a health risk from

airborne fungal spores.

(P.C.#10 at 7.)

The Agency also points

out that the CURE study introduced by Mr. Albers was an interim

report, and that it was based on one sampling of

52 adults,

and

it therefore cannot be deemed conclusive.

(P.C.#10 at 6.)

The Agency introduced the following items into the record as

attachments to its public comment:

a)

a U.S.EPA fact sheet on

Aspergillus fumiqatis

(Attachment

4);

b)

a December 16,

1993

report entitled

“Aspergillus, Aspergillosis

and Composting

Operations in California,” prepared by the California Integrated

Waste Management Board

(Attachment 5);

c)

a March 1994 study

prepared by the State of New York Department of Health entitled

“A Prospective Study of Health Symptoms and Bioaerosol Levels

Near a Yard Waste Composting Facility” (Attachment

6); and d)

a

January 10,

1994 memo from Shirley Baer to Judy Dyer concerning

conversations between Dr. Baer from the Agency and Dr. John

Walker at U.S.EPA concerning

a workshop on “Bioaerosols

Associated with Composting.”

The Agency’s review of these materials led the Agency to

conclude that

Aspergillus tumigatus

spores are very common in our

everyday environment in North America, and people are exposed to

---

15

it through everyday activities.

The Agency also concluded that

the health risks posed by

Aspergillus

for healthy people is

negligible,

although there are health risks for persons with

allergic responses or immuno—suppressed individuals.

Furthermore, the bioaerosols workshop held by the Composting

Council concluded that the risks from

Aspergillus fumigatus

is

low, except in the case of persons with allergic responses or who

are immuno-suppressed.

(P.C. #10 at 7.)

Browning—Ferris Industries

(BFI)

also commented on the issue

of Aspergillus fungi.

(P.C.

#11.)

In its comments, BFI states

that it agrees that

Aspergillus

fungi should not be specifically

referenced.

BFI agrees that

Aspergillus

is found

in many areas

unrelated to composting,

and that

Aspergillus

does not represent

a significant danger to human health.

After reviewing the comments and materials introduced into

the record concerning this matter, the Board concludes that there

is insufficient evidence that

Aspergillus

or other fungi or mold

found at composting facilities represent a threat to human health

or the environment to warrant regulation.

The Board finds

persuasive the materials introduced by the Agency, all of which

indicate that

Aspergillus

is found throughout the human

environment, not just at composting facilities,

and all of which

indicate that

Aspergillus

does not represent a threat to healthy

persons.

Furthermore, the study introduced by Mr. Albers which

indicates that there may be some health risks from airborne

pathogens posed by composting facilities has not yet been

finalized,

and we therefore find it to be inconclusive. Nothing

more in the record supports regulating airborne pathogens from

composting facilities at this time.

Miscellaneous Issues

180—Day Closure Timeframe.

In our first notice opinion in

this matter, the Board asked the Agency to address whether 180

days

is a sufficient amount of time for a facility to complete

closure,

given that maturation of compost is climate dependent.

(First Notice Opinion at 16.)

The Agency responded to this issue

at the August

3,

1994 hearing.

In its response, the Agency

indicated that landscape waste can be composted during the winter

months in Illinois by using management techniques which conserve

heat in the piles of material.

(Tr.3 at 19.)

Using these

techniques,

composting can be completed within 180 days,

even

under adverse weather conditions.

Furthermore,

the Agency also

pointed out that Section 832.202(i)

allows permitted facilities

to specify an alternate closure schedule in an application.

The Agency also examined the compost regulations of fifteen

other states, to determine how they addressed the closure

timeframe.

Only two of these states, Ohio and Wisconsin,

---

16

specified a closure period, both of which specified a period of

180 days.

(Tr.3 at 19.)

Based on the Agency’s representations that closure can be

accomplished within 180 days even under adverse weather

conditions, the Board retains the 180 day timeframe for closure

in this second notice proposal.

Additional Monitoring Authority.

In its public comment,

the Agency states that the Board’s removal of “additional

monitoring to demonstrate compliance with any standard set forth

in this Subpart or the Act” as proposed by the Agency in Section

830.205(m) (3)

is inconsistent with the Board’s first notice

opinion at p.

20.

Specifically, the Agency states that the

Board’s proposal does not allow the Agency to require thermal

processing or monitoring to demonstrate compliance with

pathogens.

The Board believes the Agency is mistaken.

Section 830.504

states that facilities which use an additive which may cause an

exceedence of the pathogen standard in Section 830.503(f)

shall

test for pathogens using the method set forth in 830.Appendix B.

The Agency must approve the use of all additives other than water

at permitted facilities, and the Agency can determine as part of

the approval process whether a particular additive has potential

to cause an exceedence of the pathogen standard.

The Agency also raised concerns about whether the rules

restrict the use of new technologies and innovative processes.

The Board points out that such processes and technologies could

always be accommodated through permitting,

or if necessary,

through an adjusted standard from the Board.

Bulkina Agents.

In this second notice opinion and order,

the Board has added language concerning a restriction on

materials which can be used as bulking agents.

This new

language,

located in Section 830.202(b), provides as follows:

Any bulking agent used which is otherwise a waste as defined

at Section 3.53 of the Act, other than landscape waste, may

only be used as authorized by the Agency in writing or by

permit.

This language is not intended to change the requirements

under the regulations,

but rather is intended to clarify a

previously existing restriction.

At the August 3rd hearing,

Shirley Baer testified on behalf of the Agency that a facility

which uses waste materials as bulking agents would need a permit,

since it is treating waste.

(Tr.3 at 147.)

The added language

in Section 830.202(b)

is intended to clearly state in the

regulations that waste materials cannot be used as bulking agents

at landscape waste compost facilities unless their use is

---

17

approved by the Agency.

Likewise, the Board notes that additives

which are wastes cannot be used without a permit from the Agency.

(Tr.3 at 145.)

The new language

is located in Section 830.202, and it

is

therefore applicable to all facilities except on—site facilities.

However, since landscape waste facilities are only authorized to

accept and compost landscape waste,

a facility which added waste

to its process other than landscape waste would be treating

waste, and would necessarily be something more than a landscape

waste compost facility.

An on-site facility would therefore

still require additional authorization from the Agency to use

waste other than landscape waste

in its process.

In its comments, the Agency raises concerns regarding the

definitions of “on—farm compost operation”,

stating that there is

potential for confusion, considering that composting other than

landscape waste composting can take place on a farm

(e.g.,

dead

animal composting, livestock waste composting)

.

In order to

clarify which facilities are intended to be subject to these

regulations, the term “on—farm compost operation” has been

replaced with the term “on—farm landscape waste compost

operation.”

Similarly, the Agency indicated that it found the

term “on—site/off—site facility” confusing.

Therefore, this term

has been replaced with the term “on—site commercial facility.”

This term is intended to clarify that facilities in this class

are located on—site and offer their compost for off—site sale or

use, i.e.,

engage in commercial activity.

CONCLUSION

The Board believes that the dialogue which occurred among

the participants and with the Board was instrumental, better

enabling the Board to refine the rules originally proposed to

address the major concerns of the participants concerning the

applicability scheme, odor control, and end—product metal

standards.

While the suggestions proposed by all are not

incorporated or adopted, the Board is confident that the changes

made at first notice,

in addition to the rules already proposed

for

adoption,

provide

Illinois

with

one

of

the

most

advanced

and

protective

scheme

for

regulating

landscape

waste

compost

facilities and their end-product.

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 the filing of these regulations for Second

Notice with the Joint Committee on Administrative Rules.

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18

TITLE

35:

ENVIRONNENTAL 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

Exempt

Operations

and

Activities

830.105

Permit-Exempt Facilities and Activities

830.106

On—Farm

Landscape

Waste

Compost

Facility

830.107

Compliance Dates

830.108

Severability

SUBPART

B:

STANDARDS

FOR

OWNERS

AND

OPERATORS

OF

LANDSCAPE

WASTE COMPOST FACILITIES

Section

830.201

Scope

and

Applicability

830.202

Minimum Performance Standards and Reporting

Requirements for Landscape Waste Compost

Facilities

830.203

Location Standards for Landscape Waste Compost

Facilities

830.204

Additional Stormwater and Landscape Waste Leachate

Controls at Permitted Landscape Waste Compost

Facilities

830.205

Additional Operating Standards for Permitted Landscape

Waste Compost Facilities

830.206

Operating Plan for Permitted Landscape Waste Compost

Facilities

830.207

Salvaging at Permitted Landscape Waste Compost

Facilities

830.208

Access Control at Permitted Landscape Waste Compost

Facilities

830.209

Load Checking at Permitted Landscape Waste Compost

Facilities

830.210

Personnel Training for Permitted Landscape Waste

Compost Facilities

830.211

Recordkeeping for Permitted Landscape Waste Compost

Facilities

830.212

Contingency Plan for Permitted Landscape Waste Compost

Facilities

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19

830.213

Closure Plan for Permitted Landscape Waste Compost

Facilities

SUBPART E: QUALITY OF END-PRODUCT

Scope and Applicability

Compost Classes

Performance Standards For General Use Compost

Testing Requirements for End—Product Compost Derived

from Landscape Waste

Sampling Methods

Off-Specification Compost

SUBPART

F: FINANCIAL ASSURANCE

Scope and Applicability

Financial Assurance Plan

Written Cost Estimate

Financial Assurance Fund

Financial Assurance Mechanism

Financial Assurance Certification

Inorganic Concentration Limits for General Use

Compost

Sampling and Handling Requirements

Seed Germination Record Sheet

830.APPENDIX A Early Detection and Groundwater Monitoring Program

830.APPENDIX B Performance Test Methods

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.

Reg.

_______

NOTE:

Capitalization denotes statutory language.

SUBPART A:

GENERAL PROVISIONS

Section 830.101

Purpose,

Scope and Applicability

a)

The purpose of this Part is to establish:

1)

Performance standards for landscape waste compost

facilities operating in the State of Illinois; and

2)

Testing procedures and standards for end—product

compost offered, by a facility, for sale or for

use in the State of Illinois.

Section

830.501

830.502

830.503

830

.

504

830.507

830.508

Section

830.601

830. 602

830.603

830.604

830. 605

830. 606

830.TABLE A

830.TABLE B

830.TABLE C

effective

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20

b)

General applicability.

1)

The provisions of this Part apply to all landscape

waste compost facilities operating in the State of

Illinois,

except those expressly exempted pursuant

to Section 830.104,

and those regulated pursuant

to 35 Ill.

Adm.

Code 391 and 40 CFR Part 503.

2)

Facilities regulated pursuant to this Part are not

subject to 35

Ill.

Adm. Code 807 or 810 through

815,

except that any accumulation of materials

meeting the 35 Ill. Adm.

Code 810 definition of a

waste pile shall be subject to 35

Ill.

Adm. Code

810 through 815.

3)

Facilities regulated pursuant to Subpart B shall

accept only landscape waste for composting.

c)

Specific applicability.

1)

The provisions of this Subpart apply to all

facilities subject to this Part; the definitions

set forth in Section 830.102 apply for purposes of

this Part,

35

Ill.

Adm. Code 831, and 35 Ill. Adm.

Code 832.

2)

The performance standards set forth in Subpart B

are applicable to landscape waste composting

facilities subject to this Part.

3)

The performance standards set forth in Subpart E

are applicable to all general use compost offered

for sale or 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. Adm. Code 831.

Section 830.102

Definitions

Except as stated in this Section,

the definition of each word or

term used in this Part,

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

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

term in the Environmental Protection Act

(“Act”)

415

ILCS 5/1 et

seq..

“Act” means the Environmental Protection Act 415

ILCS

5/1 et seq.).

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21

“Additive” means components,

other than landscape

waste,

added to composting material to maximize the

decomposition process by adjusting any of the

following: moisture, temperature, oxygen transfer,

pH,

carbon to nitrogen ratio, biology or biochemistry of

the composting material.

“Aerated static pile” means a composting system that

uses a series of perforated pipes or equivalent air

distribution systems running underneath a compost pile

and connected to a blower that either draws or blows

air through the piles.

Little or no pile agitation or

turning is performed.

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

“Aerobic composting” means a process managed and

maintained to promote maturation of organic materials

by microbial action in the presence of free oxygen

contained within the gas in the composting material.

“Agency” means the Illinois Environmental Protection

Agency.

“AGRONONIC 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.

“Closure” means the process of terminating composting

facility operations pursuant to applicable Sections in

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22

this Part,

35

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

“End—product compost” means organic material that has

been processed to maturity and classified as general

---

23

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 compost in which the raw composting material

is delivered on a continuous basis to a reactor.

“Insulating material” means material used for the

purpose of preventing the passage of heat out of

a

windrow or other pile.

Insulating material includes,

but is not limited to, end—product compost,

foam,

or

soil.

Insulating material does not include composting

material that has not reached maturity.

“Land application” means the spreading of waste,

at an

agronoiuic 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 Act.)

---

24

“Landscape waste compost facility” means an entire

landscape waste composting operation, with the

exception of a garden compost operation.

“Landscape waste leachate” means a liquid containing

any of the following: waste constituents originating in

landscape waste;

landscape waste composting material;

additives; and end—product compost.

“Maturity” means a state which is characteristically:

generally dark in color; humus-like; crumbly in

texture; not objectionable in odor; resembling rich

topsoil;

and bearing little resemblance in physical

form to the waste from which it is derived.

“Modification” means a permit revision authorizing

either an extension of the current permit term or a

physical or operational change at a composting facility

which involves different or additional processes,

increases the capacity of the operation, requires

construction,

or alters a requirement set forth as a

special condition in the existing permit.

“NPN” means most probable number,

a mathematical

inference of the viable count from the fraction of

cultures that fail to show growth in a series of tubes

containing

a suitable medium.

“Nearest residence” means an occupied dwelling and

adjacent property commonly used by inhabitants of the

dwelling.

“Non—compostable material” means items not subject to

microbial decomposition under conditions used to

compost waste.

“Off—site” means not on—site.

“On—farm landscape waste compost facility” means a

landscape compost facility which satisfies all of the

criteria set forth in Section 830.106.

“On—site” means on the same or geographically

contiguous property which may be divided by public or

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

between the properties is at a crossroads intersection

and access is by crossing as opposed to going along the

right-of-way.

Noncontiguous properties owned by the

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

owner controls and to which the public does not have

access are also considered on—site property.

---

25

“On—site commercial facility” means a landscape waste

compost facility at which the landscape waste composted

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

offered for off—site sale or use.

“On—site facility” means a landscape waste compost

facility at which the landscape waste composted is

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

offered for off—site sale or use.

“Open coinposting process” means a method of producing

compost without protecting the compost from weather

conditions.

“Operator” means the individual,

partnership,

co—

partnership,

firm,

company, corporation, association,

joint stock company,

trust, estate, political

subdivision,

state agency,

or any other legal entity

that is responsible for the operation of the facility.

The property owner,

if different from the operator,

shall be deemed the operator in the event that the

operator abandons the facility.

“Origin” means the legal entity from which a substance

has been obtained.

“Processing into windrows or other piles” means

placement of waste materials into windrows or other

piles of a size,

structure, and mixture adequate to

begin the composting process.

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

the composting operation is located or proposed to be

located, except that if the operator has obtained a

lease for at least the duration of the proposed

facility permit plus one year,

then “property owner”

shall mean the operator of the composting operation.

“Registered professional engineer” means a person

registered under the Illinois Professional Engineering

Practice Act 225

ILCS 325/1 et seq..

“Relatively impermeable soil” means a soil located

above the water table that has a hydraulic conductivity

no greater than 1 x i0~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

channel, excluding any portion of such overland flow

that infiltrates into the ground before it reaches the

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26

stream channel, and any precipitation that falls

directly into a stream channel.

“Runon” means any rainwater,

leachate or other liquid

that drains over land onto any part of a facility.

“Salvaging” means the return of waste materials to

beneficial use.

“Salvaging operations” means those activities that

recover waste for beneficial use,

so long as the

activity is done under the supervision of the compost

facility’s operator, does not interfere with or

otherwise delay the operations of the compost facility,

and results in the removal of all materials for

salvaging from the compost facility daily or separation

by type and storage in

a manner that does not create a

nuisance, harbor vectors,

or cause an unsightly

appearance.

“Septage” means the liquid portions and sludge residues

removed from septic tanks.

“Sewage” means water—carried human and related waste

from any source.

“SITE” MEANS

ANY

LOCATION,

PLACE,

TRACT

OF

LAND,

AND

FACILITIES,

INCLUDING BUT NOT LIMITED TO BUILDINGS,

AND

IMPROVEMENTS USED FOR PURPOSES SUBJECT TO REGULATION OR

CONTROL BY THIS ACT OR REGULATIONS THEREUNDER.

(Section 3.43 of the Act.)

“SLUDGE” MEANS

ANY

SOLID,

SEMISOLID,

OR LIQUID WASTE

GENERATED FROM A MUNICIPAL,

COMMERCIAL, OR INDUSTRIAL

WASTEWATER TREATMENT PLANT, WATER SUPPLY TREATMENT

PLANT,

OR AIR POLLUTION CONTROL FACILITY, OR ANY OTHER

SUCH WASTE HAVING SIMILAR CHARACTERISTICS

AND

EFFECTS.

(Section 3.44 of the Act.)

“SPECIAL WASTE” MEANS

ANY

INDUSTRIAL PROCESS WASTE,

POLLUTION CONTROL WASTE OR HAZARDOUS WASTE,

EXCEPT AS

DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35

Ill. Adm. Code 808.

(Section 3.45 of the Act.)

“Stability” means a state in which the compost

decomposes slowly even under conditions favorable for

microbial activity.

“Staging area” means an area within a facility where

raw material for coinposting is processed,

temporarily

stored in accordance with the standards set forth in

830.205 (a) (1) (A),

loaded or unloaded.

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27

“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.

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,

---

28

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 must not be used as daily cover or

vegetative amendments in the final layer of a landfill

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

Section 830.105

Permit-Exempt Facilities and Activities

The

following types of facilities or activities are not required

to have a permit pursuant to this Part:

a)

A LANDSCAPE WASTE COMPOSTING OPERATION FOR LANDSCAPE

WASTES GENERATED BY SUCH facility’s OWN ACTIVITIES

WHICH ARE STORED, TREATED OR DISPOSED OF

WITHIN THE

SITE WHERE SUCH WASTES ARE GENERATED

(Section 21(q) (1)

of the Act);

OR

b)

APPLYING LANDSCAPE WASTE OR COMPOSTED LANDSCAPE WASTE

AT AGRONOMIC RATES

(Section 21(q) (2)

of the Act); OR

c)

A LANDSCAPE WASTE COMPOSTING FACILITY ON A FARM WHICH

MEETS ALL OF the criteria set forth at Section 830.106

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

Section 830.106

On-Farm Landscape Waste Compost Facility

a)

A landscape compost operation on a farm must satisfy

all of the following criteria:

1)

THE COMPOSTING FACILITY IS OPERATED BY THE FARMER

ON PROPERTY ON WHICH THE COMPOSTING MATERIAL IS

UTILIZED, AND THE COMPOSTING FACILITY CONSTITUTES

NO MORE THAN 2

OF THE PROPERTY’S TOTAL ACREAGE,

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29

EXCEPT THAT THE AGENCY MAY ALLOW A HIGHER

PERCENTAGE FOR INDIVIDUAL SITES WHERE THE OWNER

OR

OPERATOR

HAS

DEMONSTRATED

TO

THE

AGENCY

THAT

THE

SITE’S

SOIL

CHARACTERISTICS

OR

CROP

NEEDS

REQUIRE

A HIGHER

RATE;

2)

THE PROPERTY ON WHICH THE COMPOSTING FACILITY IS

LOCATED, AND ANY ASSOCIATED PROPERTY ON WHICH THE

COMPOST IS USED,

IS PRINCIPALLY

AND

DILIGENTLY

DEVOTED TO THE PRODUCTION OF AGRICULTURAL CROPS

AND IS NOT OWNED, LEASED OR OTHERWISE CONTROLLED

BY ANY WASTE HAULER OR GENERATOR OF

NONAGRICULTURAL COMPOST MATERIALS,

AND THE

OPERATOR

OF

THE

COMPOSTING

FACILITY

IS

NOT

AN

EMPLOYEE, PARTNER,

SHAREHOLDER,

OR IN ANY

WAY

CONNECTED WITH OR CONTROLLED BY ANY SUCH WASTE

HAULER OR GENERATOR;

3)

ALL COMPOST GENERATED BY THE COMPOSTING FACILITY

IS APPLIED AT AGRONOMIC RATES AND USED AS MULCH,

FERTILIZER OR SOIL CONDITIONER ON LAND ACTUALLY

FARMED BY THE PERSON OPERATING THE COMPOSTING

FACILITY, AND THE FINISHED COMPOST IS NOT STORED

AT THE COMPOSTING SITE FOR A PERIOD LONGER THAN 18

MONTHS PRIOR TO

ITS APPLICATION AS MULCH,

FERTILIZER,

OR SOIL CONDITIONER;

and

4)

ALL COMPOSTING MATERIAL WAS PLACED MORE THAN

200

FEET FROM THE NEAREST POTABLE WATER SUPPLY WELL,

WAS PLACED OUTSIDE THE BOUNDARY OF THE 10-YEAR

FLOODPLAIN OR ON A PART OF THE SITE THAT IS

FLOODPROOFED, WAS PLACED AT LEAST 1/4 MILE FROM

THE NEAREST RESIDENCE (OTHER THAN A RESIDENCE

LOCATED ON THE SAME PROPERTY AS THE FACILITY)

AND

THERE ARE NOT MORE THAN 10 OCCUPIED NON-FARM

RESIDENCES WITHIN 1/2 MILE OF THE BOUNDARIES OF

THE SITE ON THE DATE OF APPLICATION,

AND WAS

PLACED MORE THAN

5 FEET ABOVE THE WATER TABLE.

b)

THE OWNER OR OPERATOR,

BY JANUARY

1,

1991

(OR THE

JANUARY

1 FOLLOWING COMMENCEMENT OF OPERATION,

WHICHEVER IS LATER) AND JANUARY

1 OF EACH YEAR

THEREAFTER shall:

1)

REGISTER THE SITE WITH THE AGENCY, by obtaining an

Illinois Inventory Identification Number from the

Agency;

2)

File a report with the Agency,

on a form provided

by the Agency,

certifying at a minimum:

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30

A)

THE VOLUME OF COMPOSTING MATERIAL RECEIVED

AND USED AT

THE

SITE

during

the

previous

calendar

year;

B)

The

volume

of

compost

produced

during

the

previous calendar year; and

C)

That the facility is in compliance with the

requirements set forth is subsection

(a)

of

this Section.

(Section

21(q)

of

the

Act.)

Section 830.107

Compliance Dates

a)

All operators of existing facilities shall comply with

the applicable minimum performance standards and

recordkeeping requirements

set forth in Section 830.202

of this Part by the effective date of these

regulations.

b)

Within one year of the effective date of these

regulations,

all operators of existing permitted

facilities shall certify compliance with the applicable

provisions set forth

in Sections 830.206,

830.210,

830.211,

830.504 and 830.507.

Certification of

compliance with Sections 830.206, 830.210,

830.211,

830.504 and 830.507 shall be done by completing and

filing with the Agency a form provided by the Agency.

c)

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 830.606.

d)

Each existing permitted facility shall,

in addition,

remain in compliance with all conditions set forth in

its current facility permit, pending permit expiration

or modification authorizing construction, resulting in

an increase

in capacity, transferring ownership or

extending

the

current permit term.

e)

Upon application either for permit renewal or for

modification authorizing construction, resulting in an

increase in capacity,

extending the current permit term

or initiated by the Agency pursuant to 35 Ill.

Adm.

Code 832.201, an existing permitted facility shall

demonstrate,

as part of the permit application,

compliance with all provisions of this Part applicable

to permitted facilities.

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31

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

adjudged invalid, such invalidity shall not affect the validity

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

subsection,

sentence or clause thereof not adjudged invalid.

SUBPART

B:

STANDARDS FOR OWNERS AND OPERATORS OF LANDSCAPE WASTE

COMPOST FACILITIES

Section 830.201

Scope and Applicability

a)

Garden compost facilities are exempt from all the

requirements of Part 830.

b)

On—site landscape waste compost facilities are subject

to the location standards in Section 830.203.

c)

On—site commercial

landscape waste compost facilities

are subject to the minimum performance standards

in

Section 830.202, the location standards in Section

830.203,

and the end-product quality standards in

Subpart E of this Part.

d)

On—farm landscape waste compost facilities which

satisfy all the requirements

in Section 830.106(a)

are

subject to the minimum performance standards

in Section

830.202.

e)

Permitted landscape waste compost facilities are

subject to the minimum performance standards

in Section

830.202, the location standards in Section 830.203,

the

additional operating standards and requirements

in

Sections 830.204 through 830.213, the end-product

quality standards of Subpart E of this Part,

and the

financial assurance requirements of Subpart F of this

Part.

Section 830.202

Minimum Performance Standards and Reporting

Requirements for Landscape Waste Compost

Facilities

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

all landscape waste compost facilities subject to this Part shall

comply with the following requirements:

a)

The composting material shall not contain any domestic

sewage,

sewage sludge or septage.

b)

Any bulking agent used which is otherwise

a waste as

defined at Section 3.53 of the Act, other than

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32

landscape waste, may only be used as authorized by the

Agency in writing or by permit.

c)

The operator shall take specific measures to control

odors and other sources of nuisance so as not to cause

or contribute to a violation of the Act.

Specific

measures an operator should take to control odor

include but are not limited to adherence to the

contents of the odor minimization plan required at

subsection

(e).

Specific measures an operator should

take to control other sources of nuisance include

preventative measures to control litter,

vectors, and

dust and noise generated from truck or equipment

operation.

d)

The operator shall have available for inspection a PLAN

FOR INTENDED PURPOSES OF END-product compost and a

contingency plan for handling end—product compost and

coluposting material that does not meet the general use

compost standards set forth in Section

830.503

of this

Part.

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

consideration

of

the

following:

on—site usage;

identification

of

potential

buyers

including

but

not

limited to gardeners,

landscapers, vegetable farmers,

turf growers, operators of golf courses, and ornamental

crop growers; maintaining consistent product quality

for

such

factors

as

stability,

color,

texture,

odor,

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

compost that cannot be used in the expected manner

because it does not meet the general use compost

standards.

(Section

22.33

(a)

(4)

of

the

Act.)

e)

The

operator shall have a plan for minimizing odors.

The

plan

must

include:

1)

Specification of a readily-available supply of

bulking

agents,

additives

or

odor

control

agents;

2)

Procedures

for

avoiding

delay

in

processing

and

managing landscape waste during all weather

conditions;

3)

Methods for taking into consideration the

following factors prior to turning or moving

composting material:

A)

Time of day;

B)

Wind direction;

C)

Percent moisture;

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33

D)

Estimated odor potential; and

E)

Degree of maturity.

f)

Landscape waste must 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.

g)

The facility must be designed and constructed so that

runon

is diverted around the composting area.

The

runoff from the facility resulting from precipitation

less than or equal to the 10 year,

24 hour

precipitation event must be controlled so as not to

cause or contribute to a violation of the Act.

h)

The facility must be constructed and maintained to have

an accessible clear space between windrows or other

piles, suitable for housekeeping operations, visual

inspection of piling areas and fire fighting

operations.

i)

Except for on—farm landscape waste compost facilities,

the operator shall post permanent signs at each

entrance, the text of which specifies in letters not

less than three inches high:

1)

The name and mailing address of the operation;

2)

The operating hours;

3)

Materials which can be accepted; and

4)

The statement,”COMPLAINTS CONCERNING THIS FACILITY

CAN BE MADE TO THE FOLLOWING PERSONS,” followed by

the name and telephone number of the operator, and

the name and telephone number of the Bureau of

Land,

Illinois Environmental Protection Agency,

Springfield Illinois.

j)

General use compost,

if offered for sale or use, must

meet the performance standards set forth in Section

830.503.

k)

Reporting Requirements.

1)

The operator of any facility required, pursuant to

35 Ill. Adm.

Code 831,

to have a permit SHALL

SUBMIT A

WRITTEN ANNUAL STATEMENT

TO THE AGENCY,

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34

on a form provided by the Agency,

ON OR BEFORE

APRIL 1 OF EACH YEAR THAT INCLUDES:

A)

AN ESTIMATE OF THE AMOUNT OF MATERIAL,

IN TONS,

RECEIVED FOR COMPOSTING in the

previous calendar year (Section 39(m)

of

the Act);

B)

An estimate of the amount and

disposition of compost material

(i.e.,

end-product compost, chipped/shredded

brush)

in the previous calendar year;

and

C)

A Composting Facility Financial

Assurance Plan Compliance Certification

in accordance with the requirements set

forth in Section 830.606.

2)

For any permit-exempt facility composting over 100

cubic yards of landscape waste per year with over

100 cubic yards of composting material on-site at

one time,

a report must 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.

1)

Closure.

1)

Unless otherwise authorized in a facility permit,

all landscape waste,

composting material,

end—

product compost, and additives must be removed

from the facility within 180 days following the

beginning of closure.

2)

An operator of a facility regulated under this

Subpart shall close the facility in a manner

which:

A)

Minimizes the need for further maintenance;

and

B)

Controls, minimizes or eliminates the release

of landscape waste,

landscape waste

constituents,

landscape waste leachate, and

composting constituents to the groundwater or

surface waters or to the atmosphere to the

---

35

extent necessary to prevent threats to human

health or the environment.

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.

m)

Odor complaints.

1)

Except for on—farm landscape waste compost

facilities, for every odor complaint received, the

operator shall:

A)

Record and report to the Agency within 24

hours of receiving the complaint,

the date

and time received, the name of complainant,

the address and phone number of complainant,

if volunteered upon request,

and the name of

the personnel receiving the complaint.

B)

Record the date, time,

and nature of any

action taken in response to an odor

complaint, and report such information to the

Agency within

7 days of the complaint.

Section 830.203

Location Standards for Landscape Waste

Compost Facilities

With the exception of on—farm landscape waste operations,

all

landscape waste compost facilities subject to this Part shall

comply with the following:

a)

The composting area of the facility must include A

SETBACK OF AT LEAST 200 FEET FROM THE NEAREST POTABLE

WATER SUPPLY WELL.

(Section 39(m)

of the Act.)

b)

The composting area of the facility must be LOCATED

OUTSIDE THE BOUNDARY OF THE 10-YEAR FLOODPLAIN OR THE

SITE SHALL BE FLOODPROOFED.

(Section 39(m)

of the

Act.)

c)

The composting area of the facility must be LOCATED SO

AS TO MINIMIZE INCOMPATIBILITY WITH THE CHARACTER OF

THE SURROUNDING AREA,

INCLUDING AT LEAST A 200 FOOT

SETBACK FROM ANY RESIDENCE, AND IN THE CASE OF A

FACILITY THAT

IS DEVELOPED OR THE PERMITTED COMPOSTING

AREA

OF

WHICH

IS EXPANDED AFTER NOVEMBER 17,

1991, THE

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

THE NEAREST RESIDENCE

(OTHER THAN A RESIDENCE LOCATED

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36

ON THE SAME PROPERTY AS THE FACILITY).

(Section 39(m)

of the Act.)

d)

If, at the time the facility permit application is

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

Code 832, the composting area of the facility

is

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

residence or within 1/2 mile of the nearest platted

subdivision containing a residence,

or if more than

10

residences are located within 1/2 mile of the

boundaries of the facility,

in order to minimize

incompatibility with the character of the surrounding

area, landscape waste must be processed by the end of

the operating day on which the landscape waste

is

received into windrows,

other piles or a contained

composting system providing proper conditions for

composting.

e)

The composting area of the facility must be designed to

PREVENT ANY COMPOST MATERIAL FROM BEING PLACED WITHIN 5

FEET OF THE WATER TABLE, to ADEQUATELY CONTROL RUNOFF

FROM THE SITE, AND to COLLECT AND MANAGE ANY landscape

waste LEACHATE THAT IS GENERATED ON THE SITE.

(Section

39(m)

of the Act.)

Compliance with the water table

distance requirement may be demonstrated by either of

the following means:

1)

Using published water table maps or other

published documentation to establish the location

of the water table in relation to site elevation;

or

2)

Actual measuring of the water table elevation at

least once per month for three consecutive months.

f)

The facility must meet all requirements under the Wild

and Scenic Rivers Act

(16 U.S.C.

1271 et seq.).

g)

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

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

year flood, or reduce the temporary water storage

capacity of the 100—year floodplain,

unless measures

are undertaken to provide alternative storage capacity,

such as lagoons,

holding tanks,

or provision of

drainage around structures at the facility.

h)

The facility must not be located in any area where

it

may pose a threat of harm or destruction to the

features for which:

1)

An irreplaceable historic or archaeological site

has been listed pursuant to the National Historic

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37

Preservation Act

(16 U.S.C.

470 et seq.) or the

Illinois Historic Preservation Act

20

ILCS 3410/1

et seq.;

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 30/1 et

seq.).

i)

The facility must not be located in any area where it

may jeopardize the continued existence of any

designated endangered species, result in the

destruction or adverse modification of the critical

habitat for such species,

or cause or contribute to the

taking of any endangered or threatened species of

plant,

fish or wildlife listed pursuant to the

Endangered Species Act

(16 U.S.C. 1531 et.

seq.), or

the Illinois Endangered Species Protection Act 520

ILCS 10/1 et seq..

Section 830.204

Additional Stormwater and Landscape Waste

Leachate Controls at Permitted Landscape

Waste Compost Facilities

In addition to the leachate control requirement set forth in

Section 830.202(g),

all permitted landscape waste compost

facilities must comply with the following:

a)

Stormwater or other water which comes into contact with

landscape waste received,

stored, processed or

composted,

or which mixes with landscape waste

leachate, must be considered landscape waste leachate

and must be collected and reused in the process,

properly disposed of off-site,

or treated as necessary

prior to discharge off-site to meet applicable

standards of 35 Ill. Adm. Code Subtitle

C.

b)

Ponding of landscape waste leachate within the facility

must be prevented,

except to the extent done by design

and approved in the facility permit.

c)

Soil surfaces used for composting must be allowed to

dry periodically in order to promote aerobic conditions

in the soil subsurface.

Section 830.205

Additional Operating Standards for Permitted

Landscape Waste Compost Facilities

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38

All permitted landscape waste compost facilities must comply with

the following operating standards,

in addition to those set forth

in Sections 830.202 and 830.204:

a)

Composting Process

1)

All permitted landscape waste compost facilities

must meet the following composting process

standards:

A)

Landscape waste must be processed within 24

hours 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)

Unless the facility is designed for anaerobic

composting,

the operator shall take measures

to adjust the oxygen level,

as necessary, to

promote aerobic composting.

Aeration

intensity must be altered to suit the varying

oxygen requirements that different landscape

wastes may have.

C)

The operator shall take measures to maintain

the moisture level of the composting material

within a range of 40

to 60

on a dry weight

basis.

D)

The staging area must be adequate in size and

design to facilitate the unloading of

landscape waste from delivery vehicles and

the unobstructed maneuvering of vehicles and

other equipment.

E)

Neither landscape waste nor composting

material may be mixed with end-product

compost ready to be sold or offered for use.

This prohibition shall not apply to the use

of end-product compost as an amendment to

composting material.

F)

The facility must have sufficient equipment

and personnel to process incoming volumes of

landscape waste accepted within the time

frames required in this Section, and

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39

sufficient capacity to handle projected

incoming volumes of landscape waste.

G)

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

and not less than once every six months.

This

provision does not apply to composting systems

designed for anaerobic conditions.

3)

An operator of a permitted landscape waste compost

facility using a contained composting process

shall have mechanisms to control moisture,

air

flow and air emissions.

These mechanisms must be

operated and maintained throughout the landscape

waste composting process as specified in any

permit required pursuant to 35

Ill. Adm. Code 831.

4)

Operators of permitted facilities required to

process composting material to further reduce

pathogens shall comply with the applicable thermal

processing requirement among the following:

A)

If the facility uses a windrow composting

process, during a 15 consecutive day period

the temperature throughout each windrow must

be maintained at 55°Cor greater and, during

the same period, each windrow must be turned

a minimum of 5 times;

B)

If the facility uses an aerated static pile

composting process, the composting material

must be covered with 6 to 12 inches of

insulating material, and the temperature

throughout each pile material must be

maintained at 55°Cor greater for

3

consecutive days; and

C)

If the facility uses an in—vessel composting

process, the temperature of the composting

material throughout the mixture must be

maintained at 55°Cor greater for

3

consecutive days.

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40

b)

Composting Surface

1)

Open Composting Processes

A)

Composting areas must be:

i)

located on relatively impermeable soils,

as demonstrated by actual measurement;

ii)

located on a base with resistance to

saturated flow equivalent to the

resistance of relatively impermeable

soil;

or

iii) subject to an early detection and

groundwater monitoring program, pursuant

to subsection

(m) (3)

of this Section.

B)

The composting surface must be constructed

and maintained to allow:

i)

Diversion of runon waters away from the

landscape waste and compost;

ii)

Management of runoff waters and

landscape waste leachate in accordance

with Section 830.204; and

iii) Facility operation during all weather

conditions.

C)

The surface of the landscape waste composting

area of the facility must be sloped at two

percent or greater unless an alternative

water management system to promote drainage

and to prevent surface water ponding is

approved in the facility permit.

2)

Contained Composting Processes

A)

Composting areas at facilities at which

composting material or leachate comes into

contact with an open composting surface must

be:

i)

Located on relatively impermeable soils,

as demonstrated by actual measurement;

ii)

located on a base with resistance to

saturated flow equivalent to the

resistance of relatively impermeable

soil; or

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41

iii)

Subject to an early detection and

groundwater monitoring program, pursuant

to subsection

(m) (3)

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 must

be used or additional equipment brought on site as

necessary to comply with the requirements of this Part

and any pertinent permit conditions.

e)

Open Burning.

Open burning is prohibited except in

accordance with 35 Ill.

Adm. Code 200 through 245.

f)

Dust Control.

The operator shall implement methods for

controlling dust in accordance with Subparts B and K of

35

Ill.

Adm. Code 212.

g)

Noise Control.

The facility must be designed,

constructed,

operated and maintained so as not to cause

or contribute to a violation of 35

Ill. Adm. Code 900

through 905 or of Section 24 of the Act.

h)

Vector Control.

Insects,

rodents, and other vectors

must be controlled so as not to cause or contribute to

a violation of the Act.

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 must be provided at two separate

locations within the facility.

j)

Litter Control.

The operator

shall control litter at

the facility.

At a minimum:

1)

The operator shall patrol the facility daily to

check for litter accumulation.

All litter must be

collected in a secure container for later

disposal; and

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42

2)

Litter must be confined to the property on which

the facility is located.

At the conclusion of

each day of operation,

any litter strewn beyond

the confines of the facility must be collected and

disposed of at a facility approved to receive such

waste in accordance with the applicable Board

regulations.

k)

Management of Non—compostable Wastes.

The operator

shall develop management procedures for collection,

containment and disposal of non—coinpostable wastes

received at the facility.

Disposal must be at a

facility approved to receive such waste in accordance

with applicable Board regulations at 35 Ill.

Adm.

Code

810 through 815.

1)

Mud Tracking.

The operator shall implement measures,

such as the use of wheel washing units or rumble

strips, to prevent tracking of mud by delivery vehicles

onto public roadways.

m)

Monitoring

1)

At a minimum,

for batch, windrow and pile systems:

A)

The temperature of each batch, windrow or

pile of coinposting material must be monitored

on a weekly basis;

B)

The moisture level

in each batch, windrow or

pile of composting material must be monitored

once every two weeks; and

C)

For aerobic coinposting, the oxygen level of

each batch, windrow or pile of composting

material must be monitored weekly.

2)

At a minimum,

for in—vessel continuous feed

systems:

A)

The temperature of the composting material

must be monitored daily;

B)

The moisture of the composting material must

be monitored daily, unless otherwise

authorized by the Agency in a facility

permit; and

C)

For aerobic composting by means of an in—

vessel continuous feed system, the oxygen

level of the composting material must be

monitored daily.

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43

3)

Early detection and groundwater monitoring,

if

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

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

accordance with 35

Ill. Adm. Code 830.Appendix A.

Section 830.206

Operating Plan for Permitted Landscape Waste

Compost Facilities

All activities at a permitted facility associated with composting

must be conducted in accordance with an operating plan

containing, at a minimum, the following information:

a)

Designation of personnel, by title, responsible for

operation,

control and maintenance of facility;

b)

A description of the anticipated quantity and variation

throughout the year of waste to be received;

c)

Methods for measuring incoming waste;

d)

Methods to control the types of waste received,

in

accordance with Section 830.209, and methods for

removing, recovering and disposing of non—compostables,

in accordance with Sections 830.205(k),

830.207 and

830.209;

e)

Methods to control traffic and to expedite unloading in

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

f)

Management procedures that will be used

in composting,

which must include:

1)

A description of any treatment the wastes will

receive prior to windrowing

(e.g., chipping,

shredding)

and the maximum length of time required

to process each day’s receipt of waste into

windrows;

2)

The specifications to which the windrows will be

constructed

(width, height, and length)

and

calculation of the capacity of the facility;

3)

A list of additives,

including the type,

amount

and origin, that will be used to adjust moisture,

temperature,

oxygen transfer,

pH, carbon to

nitrogen ratio, or biological characteristics of

the composting material, and rates and methods of

application of such additives; and

4)

An estimate of the length of time necessary to

complete the composting process.

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44

g)

Methods to minimize odors.

In addition to the

requirements specified in 830.202(e), the operating

plan must include:

1)

A management plan for bad loads;

2)

A demonstration that the processing and management

of anticipated quantities of landscape waste can

be accomplished during all weather conditions;

3)

Procedures for receiving and recording odor

complaints,

investigating immediately in response

to any odor complaints to determine the cause of

odor emissions, and remedying promptly any odor

problem at the facility;

4)

Additional odor-minimizing measures,

which may

include the following:

A)

Avoidance of anaerobic conditions in the

composting material;

B)

Use of mixing for favorable composting

conditions;

C)

Formation of windrow or other pile into a

size and shape favorable to minimizing odors;

and

D)

Use of end-product compost as cover to act as

a filter during early stages of composting.

h)

Methods to control stormwater and landscape waste

leachate,

in accordance with Section 830.204;

i)

Methods to control noise, vectors and litter,

in

accordance with Section 830.205;

j)

Methods to control dust emissions,

in accordance with

Section 830.205(f),

which must include:

1)

Consideration of the following factors prior to

turning or moving the composting material:

A)

Time of day;

B)

Wind direction;

C)

Percent moisture;

D)

Estimated emission potential; and

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45

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

moisture level of the composting material,

in

accordance with Section 830.205(m);

1)

Methods for adjusting temperature, oxygen level and

moisture level of the composting material,

in

accordance with Section 830.205(a);

m)

Recordkeeping and reporting procedures required

pursuant to Section 830.211; and

n)

Methods to obtain composite samples and test end-

product compost to demonstrate compliance with Subpart

E of this Part.

Section 830.207

Salvaging at Permitted Landscape Waste

Compost Facilities

a)

Salvaging operations at permitted landscape waste

compost facilities must not interfere with the

operation of the landscape waste facility or result in

a violation of any standard in this Part.

b)

All salvaging operations must be performed in a safe

and sanitary manner in compliance with the requirements

of this Part.

c)

Salvageable materials:

1)

May be accumulated on—site by the operator,

provided they are managed so as not to create a

nuisance, harbor vectors, cause malodors,

or

create an unsightly appearance; and

2)

Must not be accumulated in

a manner meeting the

definition of a waste pile.

Section 830.208

Access Control at Permitted Landscape Waste

Compost Facilities

The operator of a permitted landscape waste compost facility

shall implement controls to limit unauthorized access,

in order

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

Section 830.209

Load Checking at Permitted Landscape Waste

Compost Facilities

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46

a)

Each load received at a permitted landscape waste

compost facility must be inspected, upon receipt,

for

its acceptability at the facility and must be visually

checked, prior to processing,

for noncompostable waste.

b)

The facility must reject unacceptable loads.

Section 830.210

Personnel Training for Permitted Landscape

Waste Compost Facilities

a)

The operator of a permitted landscape waste compost

facility shall provide training to all personnel prior

to the facility’s

initial operation.

In addition,

annual personnel training shall be provided, which must

include, at a minimum,

a thorough explanation of the

operating procedures for both normal and emergency

situations.

b)

New employees

shall be trained, prior to participating

in operations at the facility,

in facility operations,

maintenance procedures, and safety and emergency

procedures relevant to their employment.

C)

The operator shall have personnel sign an

acknowledgement stating that they have received the

training required pursuant to this Section.

d)

The facility operating plan required pursuant to

Section 830.206 must be made available and explained to

all employees.

Section 830.211

Recordkeeping for Permitted Landscape Waste

Compost Facilities

a)

Copies of the facility permit, design plans,

operating

plan,

and any required reports must be kept at the

facility,

or at a definite location specified

in the

operating plan or permit,

so as to be available during

inspection of the facility.

b)

The operator shall record the following information:

1)

The quantity of each load of landscape waste

received;

2)

The origin, type and quantity of any additive

accepted, when received at the facility;

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;

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47

4)

The dates of turning of each windrow or other

pile;

5)

All monitoring data required pursuant to a

facility permit;

6)

Conditions evaluated pursuant to Section 830.206;

7)

For any odor complaint received,

the information

collected pursuant to section 830.202(m);

8)

Details of all incidents that require

implementation of the facility’s contingency plan,

in accordance with Section 830.212, and methods

used to resolve them;

9)

Records pertaining to sampling and testing, as

follows:

A)

Locations in the composting area from which

samples are obtained;

B)

Number of samples taken;

C)

Volume of each sample taken;

D)

Date and time of collection of samples;

E)

Name and signature of person responsible for

sampling;

F)

Name and address of laboratory receiving

samples,

if applicable; and

G)

Signature of person responsible for sample

analysis.

10)

The daily quantity of each type of end-product

compost removed from the facility,

according to

end—product compost classification provided in

Subpart E of this Part;

and

11)

Verification that requisite personnel training has

been done,

in accordance with Section 830.210.

C)

The operator shall keep dated copies of the end-product

compost analyses required pursuant to Section 830.504.

d)

The records required pursuant to this Section must be

made available during normal business hours for

inspection and photocopying by the Agency.

Such

records must be kept for a period of three years,

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48

subject to extension upon written request by the Agency

and automatic extension during the course of any

enforcement action relating to the facility.

Records

must be sent to the Agency upon request.

Section 830.212

Contingency Plan for Permitted Landscape

Waste Compost Facilities

a)

A contingency plan must be established, addressing the

contingencies set forth in Section 830.202(c)

and the

following additional contingencies:

1)

Equipment breakdown;

2)

Odors;

3)

Unacceptable waste delivered to the facility;

4)

Groundwater contamination;

5)

Any accidental release of special waste; and

6)

Conditions such as fires, dust, noise,

vectors,

power outages and unusual traffic conditions.

b)

The facility contingency plan must be available on-site

and implemented as necessary.

Section 830.213

Closure Plan for Permitted Landscape Waste

Compost Facilities

a)

A written closure plan must be developed which

contains,

at a minimum, the following:

1)

Steps necessary for the premature final closure of

the facility under circumstances during its

intended operating permit term when the cost of

closure would be the greatest;

2)

Steps necessary for, and a schedule for the

completion of, the routine final closure of the

facility at the end of its intended operating

life;

and

3)

Steps necessary to prevent damage to the

environment during temporary suspension of

landscape waste acceptance

if the facility permit

allows temporary suspension of landscape waste

acceptance at the facility without initiating

final closure.

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49

b)

Until completion of closure has been certified, the

operator shall maintain

a copy of the closure plan at

the facility or at a definite location,

specified in

the facility permit,

so as to be available during

inspection of the facility.

c)

An operator of a facility shall develop and file a

revised closure plan upon modification of the

operations of the facility which affect the cost of

closure of the facility or any portion thereof, which

include,

but are not limited to:

1)

A temporary suspension of landscape waste

acceptance at the facility; or

2)

An increase in the design capacity at the facility

to process landscape waste.

d)

The operator shall initiate implementation of the

closure plan within 30 days following the beginning of

closure.

e)

Not later than 30 days following the beginning of

closure, the operator shall post signs,

easily visible

at all access gates leading into the facility.

The

text of such signs must read,

in letters not less than

three inches high:

“This facility is closed for all

composting activities and all receipt of landscape

waste materials.

No dumping allowed.

Violators will

be prosecuted.”

Such signs must be maintained in

legible condition until certification of completion of

closure is issued for the facility by the Agency.

f)

Notice of Closure.

The operator shall send notice of

closure to the Agency within 30 days following the

beginning of closure.

A compost closure report must be

submitted to the Agency,

on a form provided by the

Agency, which must cover the time elapsed since the end

of the last annual report period.

g)

Certificate of Completion of Closure.

1)

Upon completion of closure, the operator shall

prepare and submit to the Agency an affidavit,

on

a form provided by the Agency, stating that the

facility has been closed in accordance with the

closure plan.

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.

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50

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 must be

classified

in the following manner:

a)

General Use Compost:

End—product compost which meets

the standards set forth in Section 830.503.

b)

Designated Use Compost: End-product compost which does

not qualify as general use end—product compost.

Designated use compost must be used only AS DAILY COVER

OR VEGETATIVE AMENDMENT IN THE FINAL LAYER at a

landfill.

(Section 22.33(c),

of the Act.)

Section 830.503

Performance Standards for General Use Compost

General—use compost:

a)

Must be free of any materials which pose a definite

hazard to human health due to physical characteristics,

such as glass or metal shards;

b)

Must not contain man—made materials larger than four

millimeters in size exceeding 1

of the end—product

compost, on a dry weight basis;

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;

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51

e)

Must not exceed, on a dry weight basis,

the inorganic

concentrations set forth in Section 830.Table A; and

f)

Must not contain fecal coliform populations that exceed

1000 MPN per gram of total solids

(dry weight basis),

or Salmonella species populations that exceed

3 NPN per

4 grams of total solids

(dry weight basis).

Section 830.504

Testing Requirements for End—Product Compost

Derived from Landscape Waste

a)

Operators shall perform testing to demonstrate

compliance with the standards set forth in subsections

(b)

-

(e)

of Section 830.503. Such testing must be done

in accordance with the methods set forth in Section

830.Appendix B, except that an alternative method or

methods may be used to demonstrate compliance with any

of these standards,

if approved in writing by the

Agency.

b)

Operators of facilities which are authorized to use an

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

cause an exceedence of Section 830.503(f)

shall test

for pathogens using the method set forth in Section

830.Appendix B, except that an alternative method or

methods may be used to demonstrate compliance with any

of these standards,

if approved in writing by the

Agency.

c)

For any facility not required to have a permit, no

testing need be done to demonstrate compliance with the

inorganics standards set forth in Section 830.Table A

for general use compost derived from landscape waste.

d)

End—product compost derived from landscape waste must

be tested for the parameters set forth in Section

830.503 at a frequency of:

1)

Once every 5,000 cubic yards of end—product

compost transported off—site; or

2)

Once per year,

if less than 5,000 cubic yards of

end—product compost are transported off—site per

year.

Section 830.507

Sampling Methods

Sample collection, preservation,

and analysis must be done in

a

manner which assures valid and representative results.

A

composite sample must be prepared by one of the following

methods:

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52

a)

Twelve grab samples, each 550 milliliters in size, must

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

in the following manner:

1)

Four grab samples from points both equidistant

throughout the length and at the center of the

windrow or other pile,

at a depth not less than

one meter from the surface of the windrow or other

pile;

2)

Four grab samples from points both equidistant

throughout the length and one quarter the width of

windrow or other pile, at a depth not less than

half the distance between the surface and the

bottom of the windrow or other pile; and

3)

Four grab samples from points both equidistant

throughout the length and one eighth the width of

the windrow or other pile,

at a depth not less

than half the distance between the surface and the

bottom of the windrow or other pile.

4)

The twelve grab samples must be thoroughly mixed

to form a homogenous composite sample. Analyses

must be of a representative subsample. The sample

holding times,

sample container types and minimum

collection volumes listed in Section 830.Table B

shall apply;

or

b)

Sampling methods set forth in Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods

(SW—

846),

incorporated by reference at 35 Ill.

Adiu. 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.

Adm. Code 831, to have a permit shall demonstrate

compliance with the financial assurance plan

requirement set forth in Section 22.33

of the Act.

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53

b)

The operator is not required to comply with the

provisions of this Subpart if the operator demonstrates

that:

1)

Closure and post—closure care plans filed pursuant

to 35 Ill. Adm.

Code 724,

725, 807 or 811 will

result in closure of the facility in accordance

with the requirements of this Part; and

2)

The operator has provided financial assurance

adequate to provide for such closure and post—

closure care pursuant to

35 Ill. Adm. Code 724,

725, 807 or 811.

Section 830.602

Financial Assurance Plan

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

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

a

financial assurance plan containing,

at a minimum, the following

information:

a)

A written cost estimate, determined pursuant to Section

830.603, covering the maximum cost of premature final

closure; and

b)

The financial mechanism chosen by the operator to

comply with the requirement set forth in Section

830.604(a).

Section 830.603

Written Cost Estimate

a)

The written cost estimate required pursuant to Section

830.602(a)

must be based on the steps necessary to

complete closure in accordance with Section 830.213,

and must include an itemization of the cost to complete

each step.

b)

The operator shall revise the current cost estimate

whenever a change in the closure plan increases the

cost estimate.

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 must be used

to cover the cost of closure.

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54

c)

Upon certification of completion of closure, any

financial assurance funds remaining must 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.

c)

An operator choosing to use self—insurance as the

mechanism by which to comply with subsection

(a)

of

this Section shall have:

1)

Net working capital and tangible net worth each at

least six times the current cost estimate;

2)

Tangible net worth of at least $10 million;

3)

Assets

in the United States amounting to at least

90 percent of the operator’s total assets and at

least six times the current cost estimate; and

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

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55

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

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

719.

or 6010

Copper

1,500

7210 or 7211 or 6010

Lead

300

7420 or 7421 or 6010

Mercury

17

7471

Nickel

420

7520 or 6010

Selenium

36

7740 or 7741

Zinc

2,800

7950 or 7951 or 6010

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

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56

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)

---

57

Section 830.Table C Seed Germination Record Sheet

Date

Test

Initiated:

Date

Test

Read:

Person responsible for test:

Germination

Blend

Pot

ID

Number

of

Number

of

Annual

Ryegrass

Seedlings

Radish

Seedlings

A

A1

A

A2

A

A3

A

A4

B

B,

B

B2

B

B3

B

B4

C

C,

C

C2

C

C3

C

C4

Annual

Ryegrass

Blend

A

=

+

A2

+

A3

+

A1)

/4

X

100

=

Germination

(C1

+

C2

÷ C3

+

Blend

B

=

+

B2

+

B3

+

B4)/4

X

100

=

____

Germination

(C1

+

C2

+

C3

+

C4)/4

Radish

Blend

A

=

+

A2

+

A3

+

A4)/4

X

100

=

Germination

(C1

+

C2

+

C3

+

C4) /4

Blend B

=

+

B2

+

B3 +

B1) /4 X 100

=

Germination

(C1

+

C2

+

C3

+

---

58

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

A,

-

A4

Ryegrass

Fungal

Growth

Other

Comments:

BLEND

B

Condition

Pots

Seedling

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

C,

—

C4

Ryegrass

Malodorous

C1

-

C4

Ryegrass

Fungal Growth

Other

Comments:

General Conclusion on the Stability of the Compost tested:

---

59

Section

830.Appendix

A

Early

Detection

and

Groundwater

Monitoring

Program

The

operator

of

a

compost

facility

subject

to

the

monitoring

requirements

of

35

Ill.

Adm.

Code

830.205(b)

(1)

(A)

or

35

Ill.

Adm.

Code

830.205(b)

(2)

(A)

shall

implement

an

Agency-approved

monitoring

program

using,

at

a

minimum,

the

procedures

and

standards

set

forth

in

this

Appendix.

a)

Program.

1)

The

operator

shall

perform

a

hydrogeologic site

investigation

pursuant

to

subsection

(b)

of

this

Section

to

characterize

the

subsurface

and

determine

the

location

and

quality

of

groundwater

beneath

the

facility.

2)

An

appropriate

monitoring system must be designed,

capable

of

determining

the

compost

facility’s

impact

or

potential

impact

on

the

quality

of

groundwater

beneath

the

facility.

3)

If

the

water

table

is

located

greater

than

ten

(10)

feet below ground surface and the soil has been

classified as a soil exhibiting moderate or poor

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

Conservation Service on a published county soil survey

map, the owner or operator shall install either an

early detection system, pursuant to subsection

(d) (1)

of this Section, or a groundwater monitoring system,

pursuant to subsection

(d) (2)

of this Section.

Otherwise,

a groundwater monitoring system must be

installed,

pursuant to subsection

(d) (2)

of this

Section.

4)

If either early detection monitoring or groundwater

monitoring indicates an impact on underground water

beneat.h the facility,

a site evaluation must be

performed, using the procedures set forth in subsection

(e)

of this Section, and remedial action implemented,

if

appropriate.

5)

The

results

of

the

hydrogeologic

site

investigation

and the proposed monitoring system design must be

submitted

to

the

Agency

as

part

of

an

application

for

a

facility permit.

---

60

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 must be

submitted to the Agency with the results of the

hydrogeologic site investigation;

2)

The site—specific hydrogeologic setting of the

facility, using continuously sampled borings of the

site and information collected from on—site piezometers

or monitoring wells.

At a minimum, borings must be to

a depth of ten

(10)

feet;

3)

Soil characteristics,

including soil types and physical

properties of the underlying strata, including the

potential pathways for contaminant migration.

Any

confining unit relative to waste constituents expected

to be present must be identified;

4)

Water-bearing sediments or geologic units beneath the

facility, their classification pursuant to 35 Ill. Adm.

Code 620 and the direction and rate of groundwater

flow.

Also,

regional and local areas of groundwater

discharge and recharge affecting groundwater at the

facility must be identified;

and

5)

Water quality beneath the facility, including any

potential impact on groundwater.

The groundwater

quality analysis must take into account the type of

compost facility and its expected leachate

constituents.

c)

All drill holes, including exploration borings that are not

converted into monitoring wells, monitoring wells that are

no longer necessary to the operation of the facility, and

other holes that may cause or facilitate contamination of

groundwater, must be sealed in accordance with the standards

of 35 111. Adm. Code 811.316.

d)

Monitoring System

1)

Early Detection System

A)

Monitoring device(s)

must be installed:

i)

Hydraulically upgradient from the facility or

at sufficient distance from the composting

---

6.

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 must be those expected to

be in the leachate, taking into consideration the

type of compost facility.

C)

If lysimeters are utilized, the following

requirements must be used in designing an adequate

monitoring system;

i)

Lysimeters must be located, when possible,

in

a depression in the path of site runoff in

each direction of flow and topographically

low areas associated with the unit(s).

ii)

At a minimum, each lysimeter must be sampled

within 48 hours

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

must be installed at an angle so that the cup

of the lysimeter is beneath the unit(s).

2)

Groundwater Monitoring System

A)

Monitoring well(s) must be installed:

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 must be those expected to

be in the leachate, taking into consideration the

type of compost facility.

---

62

C)

The

groundwater

monitoring system must be

installed

at

the

closest practicable distance from

the

composting

area

boundary,

or

at

an

alternative

distance specified by permit.

3)

Approval of any early detection monitoring system or

groundwater monitoring system must be obtained from the

Agency prior to operation.

e)

Evaluation

1)

Further evaluation of an impact to underground water

must be required if:

A)

An exceedence of the appropriate standard as

stated in 35

Ill. Adm. Code 620

is confirmed;

B)

A progressive increase in measured parameters

other than pH is observed over two consecutive

sampling events; or

C)

Where groundwater monitoring wells are used,

a

statistical increase over background or upgradient

concentrations,

calculated in accordance with 35

Ill. Adm. Code 811.320(e),

is observed.

2)

An impact as described in subsection

(e) (1) (A)

or

(e) (1) (C)

of this Section must be confirmed by

resampling the underground water within 30 days 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.

---

63

Section 830.APPENDIX B

Performance Test Methods

a)

Man—made

materials

1)

Take

four

250

gram samples.

2)

Dry samples at 70°C for 24 hours.

Let sample cool to

room temperature

(20 to 25°C).

3)

Weigh each sample and pass through a

four millimeter

screen.

Inspect material remaining on the screen, and

separate and weigh man—made materials.

Calculate

percent man-made materials relative to the total dry

weight of the sample prior to screening.

b)

Pathogens

The end product compost must be tested to demonstrate

compliance with one of the pathogen reduction standards set

forth in Section 830.503(f).

Such testing must be done in

accordance with Standard Methods for the Examination of

Water and Wastewater Part 9221 E or Part 9222

D,

incorporated by reference at 35 Ill.

AdIn.

Code 830.103, for

fecal coliform, and Standard Methods for the Examination of

Water and Wastewaters Part 9260 D incorporated by reference

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

c)

pH

The

following

protocol

must

be

used

to

determine

the

pH

of

the

compost:

North

Central

Regional

Publication

221,

Method

14;

or

EPA

Method

9045

in

Test

Methods

for

Evaluating

Solid

Waste,

Physical/Chemical Methods

(SW—846), both incorporated by

reference

at

35

Ill.

Adin.

Code

830.103.

d)

Stability

The

operator

shall

demonstrate

that

the

composite

sample

has

reached

stability

by

showing either:

1)

That

the

compost

does

not

reheat,

upon

standing, to

greater than 20°C above room temperature

(20 to 25°C).

The degree of reheating must be measured using the

following method:

A)

Take

4 liters of composite sample and adjust the

moisture of the end—product compost so it falls

within the range of 45 to 55

water on a dry

weight basis;

---

64

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

320

960

(75

compost,

w/w)

B

640

640

(50

compost,

w/w)

c

1,280

0

(control)

D)

Break up lumps of compost with a spatula or

trowel.

Moisten the blend with water.

E)

Cover each container with plastic wrap and mix

well by inverting each container 20 times.

F)

Transfer each blend into four 4-inch pots.

Fill

the pots to the brim and firm the surface by

pressing down with the bottom of another 4-inch

---

65

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.

---

66

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

Scope and Applicability

Severability

Certification by Professional Engineer

Application Fees

Required Signatures

Site Identification

Site Location Map

Site Plan Map

Narrative

Description

of

the

Facility

Legal

Description

Proof of Land Ownership and Certification

Closure Plan

Financial Assurance

Operator-Initiated Modification of an Approved

Permit

831.115

Modification to Obtain Operating Authorization

831.116

Permit Renewal

AUTHORITY:

Implementing Sections

5,

21,

22.33,

22.34,

22.35

and 39 and authorized by Section 27 of the Environmental

Protection Act 415

ILCS 5/5,

21,

22.33,

22.34,

22.35,

27 and

39).

SOURCE:

Adopted

at

Ill. Register

,

effective

Section

831. 101

831. 102

831. 103

831. 104

831. 105

831. 106

831.107

831.108

831. 109

831.110

831.111

831.112

831.113

831. 114

NOTE:

Capitalization denotes statutory language.

---

67

SUBPART A:

GENERAL INFORMATION REQUIRED FOR

ALL

COMPOST

FACILITIES

Section

831.101

Scope

and

Applicability

This

Part

contains

the

procedures to

be

followed

by

all

applicants

in

applying

for

permits

required

pursuant

to

Section

21(d)

of

the

Act.

The

definitions

set

forth in 35

Ill.

Adm.

Code

830.102

apply

to

this

Part.

Section

831.102

Severability

If

any

provision

of

this

Rule

is

adjudged

invalid,

or

if

the

application thereof to any person or in any circumstance is

adjudged invalid,

such invalidity shall not affect the

validity of

either this Part as a whole or any Subpart,

Section,

subsection, sentence or clause thereof not adjudged

invalid.

Section 831.103

Certification by Professional Engineer

All designs presented in the application must be prepared by,

or under the supervision of,

a professional engineer if

required by the Illinois Professional Engineering Practice Act

225

ILCS 325/1 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 must contain the full legal

name, address and telephone number of the operator,

the property owner, if different from the operator,

and any duly authorized agent(s)

of the operator or

property owner to whom all inquiries and

correspondence must 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:

---

68

1)

For corporations, a principal executive officer

of at least the level of vice president;

2)

For a sole proprietorship or partnership, the

proprietor or a general partner, respectively;

and

3)

For a municipality,

state,

federal or other

public agency, the head of the agency or

ranking elected official.

Section 831.106

Site Identification

For existing permitted sites, the site name and the Illinois

Inventory Identification Number previously assigned by the

Agency shall be used in correspondence with the Agency

regarding the facility.

Permit applications for new

facilities must include the proposed facility name, the

latitude and longitude of the site,

if available, the legal

description of the site,

if available, and the physical

location,

including at a minimum the city or township, county,

state and zip code.

An Illinois Inventory Identification

Number will be assigned by the Agency.

Section 831.107

Site Location Map

All

permit

applications

must

contain

a

site

location

map

on

the

most

recent

United

States

Geological

Survey

(“USGS”)

quadrangle of the area from the 7 1/2 minute series

(topographic), or on such other map whose scale clearly shows

the

following

information:

a)

The permit area and all adjacent property, extending

at least 1/2 mile beyond the boundary of the

facility;

b)

The prevailing wind direction;

c)

All rivers designated for protection under the Wild

and Scenic Rivers Act

(16 U.S.C.

127 et seq.);

d)

The limits of all 10—year floodplains;

e)

All natural areas designated as a Dedicated Illinois

Nature Preserve pursuant to the Illinois Natural

Areas Preservation Act 525

ILCS 30/1 et seq.);

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

3410/1

et

seq.;

---

69

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

10/1

et

seq.;

h)

All main service corridors, transportation routes,

and access roads to the facility;

i)

All residences and areas

in which people congregate

within

1/2 mile of the facility boundaries;

j)

The

locations

of

all

on—site

potable

water

supply

wells and all potable water supply wells within 1/8

mile of the boundaries of the facility; and

k)

The

types

of

land

use

for

the

properties

immediately

adjacent to the facility

(i.e., residential,

commercial, industrial,

agricultural,

etc.).

This

must include any zoning classifications

of these

properties and the location (and function)

of all

buildings within 1/2 mile of the facility.

Section 831.108

Site Plan Map

The application must contain maps or plan sheets showing the

location of the facility,

on a scale no smaller than one inch

equals

200

feet,

containing

five—foot

contour

intervals

where

the

relief

exceeds

20

feet

and

a

two—foot

contour

interval

where

the

relief

is

20

feet

or

less,

and

referenced

to

a

USGS

datum.

The following information must be provided:

a)

The boundaries of the facility;

b)

The boundaries of the composting area(s);

c)

The property boundaries,

if different;

d)

The location of all buildings on the property and

any other pertinent location data with respect to

the operation of the proposed facility

(i.e.,

utilities,

water supply,

fencing, access roads,

paved areas,

etc.);

e)

The location of all staging and stockpiling areas

for landscape waste, end—product compost, windrow

bulking agents or additives;

if)

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

---

70

control runoff and leachate generated by the

facility’s operation must be identified;

and

g)

Proof that all authorizations, permits, and

approvals required from each Bureau of the Agency

have been applied for or obtained.

Section 831.109

Narrative Description of the Facility

The permit application must contain a written description of

the facility with supporting documentation describing the

procedures and plans that will be used at the facility to

comply

with

the

requirements

of

this

Part

and

any

other

applicable Parts of 35

Ill. Adm.

Code:

Chapter

I.

Such

description

must

include,

but

not

be

limited

to,

the

following

information:

a)

An estimate of the maximum annual volume and peak

daily volume of landscape waste the facility will be

able to process;

b)

Proof of the following:

1.

THE

FACILITY

INCLUDES

A

SETBACK

OF

AT

LEAST

200

FEET

FROM

THE

NEAREST

POTABLE

WATER

SUPPLY

WELL;

2.

THE FACILITY IS LOCATED OUTSIDE THE BOUNDARY OF

THE

10-YEAR

FLOODPLAIN

OR

THE

SITE

WILL

BE

FLOODPROOFED;

3.

THE

FACILITY

IS

LOCATED

SO

AS

TO

MINIMIZE

INCOMPATIBILITY

WITH

THE

CHARACTER

OF

THE

SURROUNDING

AREA,

INCLUDING

AT

LEAST

A200

FOOT

SETBACK FROM

ANY

RESIDENCE

AND IN THE CASE OF A

FACILITY THAT IS DEVELOPED OR THE PERMITTED

COMPOSTING AREA OF WHICH

IS EXPANDED AFTER

NOVEMBER

17,

1991 THE COMPOSTING

AREA

IS

LOCATED AT LEAST 1/8 MILE FROM THE

NEAREST

RESIDENCE (OTHER

THAN

A RESIDENCE LOCATED ON

THE

SAME

PROPERTY

AS

THE

FACILITY).

4.

THE DESIGN OF THE FACILITY WILL PREVENT

ANY

COMPOST MATERIAL FROM BEING PLACED WITHIN

5

FEET

OF

THE

WATER

TABLE,

WILL

ADEQUATELY

CONTROL

RUNOFF

FROM

THE

SITE,

AND

WILL COLLECT

AND MANAGE

ANY

LEACHATE

THAT

IS GENERATED ON

THE

SITE

(Section

39(m)

of

the

Act);

c)

An operating plan, satisfying the requirements set

forth in 35 Ill.

Adm. Code 830.206;

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71

d)

An early detection or groundwater monitoring system

design,

in accordance with 35 Ill. Adm. Code

830.Appendix A,

if required pursuant to 35 Ill. Adm.

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

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

e)

A contingency plan,

satisfying the requirements set

forth in 35 Ill. Adm. Code 830.212;

f)

Specification of the operating hours of the

facility;

g)

The types of landscape waste that are proposed to be

received by the facility;

h)

Descriptions of the storage areas

(including their

capacities)

that will be used to stage the waste

before windrowing,

to store bulking agent(s)

or

additives and to store the end—product compost; and

i)

Description of personnel training procedures,

satisfying the requirements of 35 Ill. Adm. Code

830.210.

Section

831.110

Legal

Description

The permit application must contain a legal description of the

facility boundary.

Data supplied by any registered land

surveyor contained in the permit application must bear the

signature or seal of that registered land surveyor.

References are to be included when such data are obtained from

published

sources.

Section 831.111

Proof of Land Ownership and Certification

The permit application must contain a certificate of ownership

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

lease and its duration. The lease must clearly specify that

the property owner authorizes the construction of a composting

facility on the leased premises.

The operator or property

owner shall certify that the Agency will be notified 30 days

prior to any changes

in property ownership or conditions in

the

lease

affecting

the

permit

area.

Section 831.112

Closure Plan

The permit application must contain a written closure plan

which contains a description of methods for compliance with

all closure requirements

in

35

Ill. Adm.

Code 830.

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72

Section 831.113

Financial Assurance

The permit application must contain methods to ensure

financial assurance satisfying the requirements in 35

Ill.

Adm.

Code

830.

Subpart

F.

Section 831.114

Operator-Initiated Modification of an

Approved Permit

a)

To initiate a permit modification authorizing

construction, resulting in an increase in capacity

or extending the term of the existing permit, the

operator shall file a complete permit application,

on a form provided by the Agency, demonstrating

compliance with all applicable requirements set

forth

in 35 Ill. Adm. Code 830.

b)

To initiate any other permit modification, the

operator shall submit,

on a form provided by the

Agency,

a request for the desired modification.

The

applicant shall submit all information required

pursuant to this Part which pertains to the desired

modification.

Section 831.115

Modification to Obtain Operating

Author

ization

Unless otherwise authorized in the facility permit, prior to

placing into service any structure constructed at a facility,

the applicant shall obtain an operating authorization as a

permit condition.

In order to obtain such an operating

authorization, the operator shall submit a report documenting

that construction has been completed in accordance with the

engineering design.

Section 831.116

Permit Renewal

a)

The operator shall submit only that information

required pursuant to this Part that has changed

since the last permit review by the Agency.

b)

The operator shall update any groundwater impact

assessment,

in accordance with 35 Ill. Adm. Code

830.Appendix A.

c)

The operator shall provide a new cost estimate for

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

Ill. Adm. Code 830.Subpart F, based upon the maximum

cost of premature final closure in the next permit

term.

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73

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

832.102

832.103

832.104

832.105

832.106

832.107

832.108

832.109

832.110

832.111

Scope and Applicability

Severability

Form

and

Delivery

of

Permit

Application

Required Notifications

Agency Decision Deadlines

Standards for Issuance of a Permit

Standards for Denial of

a Permit

Permit Appeals

Permit No Defense

Term of Permit

Transfer of Permits

SUBPART B:

ADDITIONAL PROCEDURES FOR MODIFICATION OF PERMITS

Section

832.201

832.202

Agency-Initiated Modification of an Approved Permit

Procedures for a Modification of an Approved Permit

SUBPART C:

ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

Section

832.301

832.302

832.303

Time

of

Filing

Effect of Timely Filing

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

Environmental Protection Act 415

ILCS 5/5,

21,

22.26,

22.33,

22.34,

22.35,

27

and

38.

SOURCE:

Adopted at

Ill. Register

,

effective

NOTE:

Capitalization denotes statutory language.

---

74

SUBPART A:

GENERAL PROVISIONS

Section 832.101

Scope and Applicability

This Part contains the procedures to be followed by the Agency

in processing permits required pursuant to Section 21(d)

of

the Act and

35 Ill. Adm. Code 831.

The definitions set forth

in 35

Ill. Adm. Code 830.102 apply to this Part.

Section 832.102

Severability

If any provision of this Rule

is adjudged invalid, or

if

the

application thereof to any person or in any circumstance is

adjudged invalid, such invalidity shall not affect the

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

Section, subsection, sentence or clause thereof not adjudged

invalid.

Section 832.103

Form and Delivery of Permit Application

All permit applications must be made on forms prescribed by

the Agency,

and must be mailed or delivered to the address

designated by the Agency on the forms.

The Agency shall

provide a dated, signed receipt upon request.

The Agency’s

record of the date of filing shall be deemed conclusive unless

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

Permit

applications which are hand-delivered must be delivered during

the Agency’s normal business hours.

Section 832.104

Required Notifications

THE AGENCY SHALL NOT ISSUE A DEVELOPMENT OR CONSTRUCTION

PERMIT AFTER DECEMBER 31, 1990 FOR ANY

COMPOSTING FACILITY,

UNLESS THE APPLICANT HAS GIVEN NOTICE THEREOF:

a)

IN PERSON OR BY MAIL TO THE MEMBERS OF THE GENERAL

ASSEMBLY FROM THE LEGISLATIVE DISTRICT IN WHICH THE

PROPOSED FACILITY IS TO BE LOCATED;

b)

BY REGISTERED OR CERTIFIED MAIL TO THE OWNERS OF ALL

REAL PROPERTY LOCATED WITHIN 250 FEET OF THE SITE OF

THE PROPOSED FACILITY (DETERMINED AS PROVIDED IN

SUBSECTION

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

c)

TO THE GENERAL PUBLIC BY PUBLICATION IN A NEWSPAPER

OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE

PROPOSED FACILITY IS TO BE LOCATED.

(Section 22.26

of the Act.)

1)

At a minimum, the newspaper notification must

meet the following requirements:

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75

A)

Publication in the legal notice section of

a daily newspaper in circulation within

the

city

or

area

in

which

the

facility

is

proposed to be located;

B)

Published once a week for three successive

weeks, pursuant to Section

3 of the

Illinois Notice by Publication Act 715

ILCS

5/3

(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 after the date of last publication.

The Agency address and the phone number(s)

of the bureau(s)

and section(s)

reviewing

the permit must be provided.

3)

The notification must not be published more

than

3 months before filing the application and

must commence no later than the filing date.

Copies of the newspaper notification must

either accompany the application or be sent to

the Agency within 30 days after filing the

application.

Section 832.105

Agency Decision Deadlines

a)

IF THERE IS NO FINAL ACTION BY THE AGENCY WITHIN 90

DAYS AFTER THE FILING OF THE APPLICATION FOR PERMIT,

THE APPLICANT MAY DEEM THE PERMIT ISSUED; EXCEPT

THAT THIS TIME PERIOD SHALL BE EXTENDED TO 180 DAYS

WHEN NOTICE AND OPPORTUNITY FOR PUBLIC HEARING ARE

REQUIRED BY STATE OR FEDERAL LAW OR REGULATION.

(Section 39(a)

of the Act.)

b)

An application for permit pursuant to this Part

shall not be deemed filed until the Agency has

received all information and documentation in the

form and with the content required pursuant to this

Part,

35 Ill. Adm. Code 830 and 35 Ill.

Adm. Code

831.

However,

if, pursuant to the standards for the

---

76

denial of a permit, the Agency fails to notify the

applicant within 30 days following the filing of a

purported application that the application is

incomplete and the reason the Agency deems it

incomplete,

the application shall be deemed to have

been filed as of the date of such purported filing

as calculated pursuant to Section 832.103.

The

applicant may treat the Agency’s notification that

an application is incomplete as a denial of the

application for the purpose of permit appeal.

C)

The applicant may waive the right to a final

decision within the decision deadline.

Such waiver

must be submitted in writing to the Agency prior to

the applicable deadline in subsection

(a)

of this

Section.

d)

The

applicant

may

modify

a

permit

application

at

any

time

prior

to

the

Agency

decision

deadline

date.

Any modification of a permit application must

constitute a new application for the purposes of

calculating the Agency decision deadline date.

e)

Final action must be deemed to have taken place on

the date that such final action is signed.

f)

The Agency shall mail all notices of final action by

registered or certified mail, postmarked with a date

stamp and accompanied by a return receipt request.

Section

832.106

Standards

for

Issuance

of

a

Permit

a)

WHEN THE BOARD

HAS

BY REGULATION REQUIRED A PERMIT

FOR THE CONSTRUCTION,

INSTALLATION, OR OPERATION OF

ANY TYPE OF FACILITY, EQUIPMENT, VEHICLE,

VESSEL,

OR

AIRCRAFT,

THE APPLICANT SHALL APPLY TO THE AGENCY

FOR SUCH PERMIT AND IT SHALL BE THE DUTY OF THE

AGENCY TO ISSUE SUCH PERMIT UPON PROOF BY THE

APPLICANT THAT THE FACILITY,

EQUIPMENT, VEHICLE,

VESSEL,

OR AIRCRAFT WILL NOT CAUSE A VIOLATION OF

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

Code: Chapter

I.

b)

IN GRANTING PERMITS, THE AGENCY MAY IMPOSE SUCH

CONDITIONS AS MAY BE NECESSARY TO ACCOMPLISH THE

PURPOSES OF the ACT, AND AS ARE NOT INCONSISTENT

WITH THE REGULATIONS PROMULGATED BY THE BOARD.

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

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77

CONSTRUCTION OR OPERATION IS PROHIBITED.

(Section

39 of the Act.)

Section 832.107

Standards for Denial of a Permit

IF

THE

AGENCY

DENIES

ANY

PERMIT

PURSUANT

TO

THIS

Section,

THE

AGENCY SHALL TRANSMIT TO THE APPLICANT, WITHIN THE TIME

LIMITATIONS for Agency decision deadlines,

SPECIFIC,

DETAILED

STATEMENTS AS TO THE REASONS THE PERMIT APPLICATION WAS

DENIED.

SUCH STATEMENTS SHALL INCLUDE BUT NOT BE LIMITED TO

THE FOLLOWING:

a)

THE SECTIONS OF the ACT THAT MAY BE VIOLATED IF THE

PERMIT WERE GRANTED;

b)

THE PROVISION OF THE REGULATIONS set forth in 35

Ill.

Adm. Code:

Chapter

I, PROMULGATED PURSUANT TO

the ACT, THAT MAY BE VIOLATED IF THE PERMIT WERE

GRANTED;

c)

THE SPECIFIC INFORMATION,

IF ANY, THE AGENCY DEEMS

THE APPLICANT DID NOT PROVIDE IN ITS APPLICATION TO

THE AGENCY; AND

ci)

A STATEMENT OF SPECIFIC REASONS WHY THE ACT AND THE

REGULATIONS set forth in 35 Ill. Adm. Code:

Chapter

I MIGHT BE VIOLATED IF THE PERMIT WERE GRANTED.

(Section 39(m)

of the Act.)

Section 832.108

Permit Appeals

IF THE AGENCY REFUSES TO GRANT OR GRANTS WITH CONDITIONS A

PERMIT UNDER SECTION 39 OF the ACT,

THE APPLICANT MAY, WITHIN

35 DAYS,

PETITION FOR A HEARING BEFORE THE BOARD TO CONTEST

THE DECISION OF THE AGENCY.

(Section 40(a) (1) of the Act) The

petition must be filed, and the proceeding conducted,

pursuant

to the procedures of Section 40 of the Act and 35 Ill. Adm.

Code 101 and 105.

Section 832.109

Permit No Defense

The issuance and possession of a permit shall not constitute a

defense to a violation of the Act or any Board regulations,

except for the development and operation of a facility without

a permit.

Section 832.110

Term of Permit

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

more than

5 years.

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78

Section 832.111

Transfer of Permit

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

modification, pursuant to this Part,

to identify the new

permittee and incorporate other requirements necessary under

the Act.

The application must be signed by the existing owner

or

duly

authorized

agent

of

the

owner

and

the

new

owner

and

operator or duly authorized agents.

The new operator to whom

the

permit

is

transferred

shall

comply

with

all

terms

and

conditions

specified

in

such

permit.

SUBPART B:

ADDITIONAL PROCEDURES FOR MODIFICATION OF PERMITS

Section

832.201

Agency—Initiated

Modification

of

an

Approved Permit

a)

The Agency may modify a permit under the following

circumstances:

1)

Discovery of a typographical, administrative,

or calculation error;

2)

Discovery that a determination or condition was

based upon false or misleading information;

3)

An order of the Board issued in an action

brought pursuant to Title VII, IX or X of the

Act; or

4)

Promulgation of new statutes or regulations

affecting the permit.

b)

Modifications initiated by the Agency shall not

become effective until 45 days after receipt by the

operator, unless stayed during the pendency of an

appeal to the Board.

The operator may request that

the Agency reconsider the modification,

or may file

a petition for hearing with the Board pursuant to

Section 832.108.

All other time periods and

procedures in 832.202 shall apply.

Section 832.202

Procedures for a Modification of an

Approved Permit

Applications for modification of an approved permit shall be

subject to all requirements and time schedules set forth

in

this Part.

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79

SUBPART C: ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

Section 832.301

Time of Filing

An application for renewal of a permit must be filed with the

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

existing permit.

Section 832.302

Effect of Timely Filing

When a permittee has made timely and sufficient application

for the renewal of a permit,

the existing permit shall

continue

in full force and effect until the final Agency

decision on the application and any final Board decision on

any appeal pursuant to Section 40 have been made,

unless a

later date is fixed by order of a reviewing court.

Section 832.303

Procedures for Permit Renewal

Applications for permit renewal are to be subject to the

requirements and time schedules set forth

in Subpart A of this

Part.

IT IS SO ORDERED.

J. Theodore Meyer dissented.

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution

Control Board, hereby c~rtifythat the above opinion and order

was adopted on the

/ô~

day of

_____________,

1994,

by

avoteof

________.

I

Control Board

‘I