ILLINOIS POLLUTION CONTROL

BOARD

July 21,

1994

IN THE MATTER OF:

)

STEEL

AND

FOUNDRY INDUSTRY

)

 R90-26

 (Docket A)

AMENDMENTS TO THE LANDFILL

)

 (Rulemaking)

REGULATIONS

 (35 Ill.

 Adm.

 Code

)

810 through 815 and 817)

)

Adopted rule.

 Final Order.

OPINION

AND

ORDER OF THE BOARD

 (by R.C. Flemal):

This matter has come before the Board upon a proposal filed

by the Illinois Steel Group and the Illinois Cast Metal

Association

 (collectively as SFG).

 The SFG has proposed that the

Board amend its landfill regulations to give consideration to

certain wastes generated by the steel and foundry industries.

The SFG contends, and the Board agrees, that the types of wastes

at issue are sufficiently distinct that some unique provisions

governing their disposal are warranted.

The Board’s responsibility in this matter arises from the

Illinois Environmental Protection Act

 (Act)

 (415 ILCS 5/1 et

seq.).

 The Board is charged therein to “determine, define and

implement the environmental control standards applicable in the

State of Illinois”

 (415 ILCS 5/5(b)).

 More generally,

the

Board’s rulemaking charge is based on the system of checks and

 balances integral to Illinois environmental governance:

 the Board

bears responsibility for the rulemaking and principal

adjudicatory functions, whereas the Illinois Environmental

Protection Agency

 (Agency)

 is responsible for carrying out the

principal administrative duties.

 The latter’s duties include

administering the regulations that the Board today adopts.

By today’s action the Board adopts the SFG proposal as

presented at second notice.

 These regulations will become

effective upon their being filed with the Illinois Secretary of

State.

OVERVIEW

One principle has guided much of this proceeding.

 That

principle is that most of the Board’s existing landfill

regulations will continue to apply to the disposal of steel and

foundry industry wastes, with exceptions only where justification

has been made based on the distinctive nature of the wastes in

question.

 In general, the exceptions are in the form of

alternate regulations tailored to the nature of the particular

waste.

2

Today’s regulations apply to a limited population of wastes.

These are steel and foundry industry wastes that are

nonhazardou&, will not decompose biologically,

 burn, serve as

food vectors,

 form a gas, or cause an odor,

 and which possess a

limited contamination potential because of their j~

leachability.

 These wastes are mineral wastes, typically

generated in high volume and typically monofilled.

Steel and foundry industry wastes are divided, pursuant to

today’s regulations, into one of three new categories of waste:

“beneficially usable waste”

 (BUN),

 “potentially usable waste

(PUN)”, or “low risk waste”

 (LRW).

 The three new types of wastes

are distinguished from one another and from other similar types

of wastes by their relative leachability.

The largest body of today’s regulations are directed to ~

steel and foundry industry landfills.

 These regulations occur at

new Part 817.

 Among principal concepts of new Part 817 are:

1)

 BUW5, which are wastes that have very limited

leachability, produce a leachate that does

not exceed any drinking water maximum

concentration level

 (MCL) and accordingly are

subject to the least restrictive regulatory

standards.

 BUN may be “disposed of” by use

as road ballast, construction fill,

 and other

traditional uses of slag and foundry sand.

2)

 PUN is the intermediate of the three new

categories of waste with respect to

leachability.

 Landfills accepting this waste

must be designed and operated to standards

equivalent to the existing class of inert

waste landfills.

3)

 LRW has highest leachability of the three new

classes.

 It requires the most stringent

management,

 and hence also LRW landfills have

the most extensive regulatory standards of

the three new classes.

 LRW must be disposed

in landfills designed and operated according

to standards that in most respects are the

same as those applicable to the existing

class of chemical waste landfills.

 However,

because LRW has a relatively lower risk of

harm to the environment than does the typical

All steel and foundry industry wastes that are hazardous

remain subject to hazardous waste regulations.

 “Hazardous waste”

is defined at Section 3.15 of the Act

 (415 ILCS 5/3.15).

3

chemical waste,

 standards for liner depth,

leachate collection, and similar requirements

are not as stringent than those that apply to

chemical waste landfills

We also adopt today certain regulations applicable to

existing steel and foundry industry landfills.

 These occur as

additions to existing Part 814.

 In general, the provisions that

apply to existing landfills are similar or identical to those

that apply to new landfills

 jf. the landfill intends to remain

open after two or seven years.

In addition to new Part 817 and to the additions of Subparts

F through

 I to Part 814, today’s action also amends small

portions of existing Parts 807,

 810,

 811,

 812,

 813,

 and 815.

These latter consist of technical amendments to conform these

 existing parts to the presence of the new provisions of Parts

814

and 817.

PROCEDURAL HISTORY

In August 1990 the Board culminated a long process of review

of its landfill regulations by the adoption in Docket R88-7 of

completely revised standards for the development, operation,

and

closure of

 landfills receiving nonhazardous waste2.

Although the Docket R88-7 review was extensive, and resulted

in the establishment of several categories of waste for which

tailored standards were established,

 it was nevertheless

recognized that there might be yet other categories of waste for

which additional tailoring would be necessary.

 One such category

was waste from the steel and foundry industries.

 These wastes

were specially singled out

 in the Scope and Applicability

Statement of Part 811, which is that portion of the R88-7

regulations dealing with new solid waste landfills:

b)

 This Part shall not apply until one year

after the effective date of this Part to new

landfills solely receiving the following

wastes generated by the following industries

provided that proposed regulations of general

applicability to that industry are filed with

the Board no later than December

1,

 1990:

wastes generated bY foundries and primary

 In the Matter of:

 Development, Operating and RePortin~g

Requirements for Non—hazardous Waste Landfills R88—7,

 114 PCB

483, August 17,

 1990.

4

steel production facilities

...

(35

 Iii.

Adm. Code 811.101(b),

 emphasis added.)

The SFG filed its initial proposal on December

3,

i9~o.

On

December 20,

 1990 the Board issued an order for more

information3.

 Specifically, the Board requested information on

the sources and facilities affected by the proposal,

 as well as

information on economic impact of the proposed regulations.

The

SFG filed the additional information on February

4,

 1991.

In an attempt to move the proposal forward in an expeditious

fashion, the Board on February 7,

 1991 adopted the proposal for

first notice without substantive discussion of the merits of the

proposal4.

 Publication occurred in the Illinois Register on

March

1,

 1991 at

17

 Ill. Reg.

 3155.

 The Board did make some

technical corrections for first notice,

 including setting the

main body of the proposed rules into the newly-proposed Part 817.

A first amended proposal was filed by the SFG on May 13,

1991.

Merit hearings were held before Hearing Officer Deborah A.

Stonich on May 29, June 7, and June 21,

1991

 (the latter two

having been consolidated with R90—25,

 a similar proposal,

 since

dismissed,

 filed by the Illinois Utility Group with regard to

disposal of fly-ash).

 The record developed during the course of

these hearings gave suggestion that the proposal was not yet

ready to be moved further forward.

The next development

 in the record occurred with the filing

of

 a discussion draft by the SFG on June 24,

 1992.

 On March

4,

1993 the SFG filed a second amended proposal; further

documentation was filed on May 13,

 1993 in response to a March

26,

 1993 hearing officer’s order.

Again

 in an attempt to move this matter along with some

expedition,

 the Board on September 23,

 1993 once more proposed

this matter for first notice5.

 This “second first notice” was

~ In the Matter of: Solid Waste Rules for the Illinois

Foundry and Steel Industries R90-26,

 117 PCB 701, December 20,

1990.

~ In the Matter of:

 Steel and Foundry Industry Amendments to

the Landfill Regulations

 (Parts 810-815)

 R90—26, 118 PCB 359,

February 7,

 1991.

~ In the Matter of:

 Steel and Foundry Industry Amendments to

the Landfill Regulations

 (35 Ill.

 Adm. Code 810 through 815 and

817)

 R90—26,

—

PCB

 September 23,

 1993.

5

occasioned both by evolution of the proposal over the preceding

two-and-a-half years and the expiration

 of the “first first

notice” undertaken in February 1991.

 Publication of the second

first notice occurred at 17 Ill.

 Reg.

 17644, October

15;

 1993.

As was the case with the first first notice, the second

first notice was undertaken without the Board discussing the

substantive merits of the proposal.

Hearir.gs on the second first notice proposal were held

before Hearing Officer Kathleen M.

 Crowley on October

 1 and

November 19,

 1993.

In response to comments from the Administrative Code

Division of the Office of the Illinois Secretary of State, the

Board on December

2,

 1993 issued an order that authorized

amendment of the second first notice proposal.

 The amendment

consisted of the addition of certain definitions that had been

omitted from the September 23,

 1993 version of the second first

notice.

 Publication of the corrected text occurred at 17

 Ill.

Reg.

 21878, December

17,

 1993.

On March 31,

 1994 the Board issued a supplemental opinion7,

the purpose of which was to provide a discussion of the proposed

regulations and to allow interested persons the opportunity to

review and comment on the Board’s perspective prior to the

proposal moving to second notice.

 Pursuant thereto, the Board

entertained additional comment on the proposal for a two—week

period.

Also on March

31,

 1994 the Board split the docket in this

matter.

 The major portion of the proposal was retained in Docket

A, which

 is the instant docket.

 Docket B consists solely of a

newly-proposed section, Section 817.309, which had not been

previously sent to first notices.

6

Pursuant to the Administrative Procedure Act at

 5 ILCS

100/5-40(e)

 a proposal must be re-noticed

 if more than one year

has passed without a final action on the proposal.

~ In the Matter of: Steel and Foundry Industry Amendments to

the Landfill Regulations

 (35 Ill.

 Adm. Code 810 through 815 and

817) R90-26 Docket A,

PCB

 March 31,

 1994.

8

Since the Board intended that Docket B move forward as

rapidly as possible,

 Section 817.309 was immediately adopted for

first notice.

 (In the Matter of:

 Steel and Foundry Industry

Amendments to the Landfill Regulations

 (35 Ill.

 Adm. Code

817.309) R90—26 Docket

B,

—

PCB

—,

 March 31,

 1994.

Publication occurred at

 18 Ill.

 Reg.

 6246,

 April 29,

 1994.)

6

Based on responses received to its March 31,

1994

supplemental opinion,

 the Board on April 21,

 1994 adopted the

instant proposal for second notice9.

 On June 9,

 1994 the Board,

in response to a request from the Joint Committee on

Administrative Rules

 (JCAR),

 extended the 45-day second notice

period established by Section 5-40 of the Illinois Administrative

Procedure Act.

 The extension allowed JCAR staff additional time

to review the rules and for JCAR to consider the rules at its

July

19,

 1994 meeting.

At the July 19 meeting JCAR voted a certification of no

objection.

 However, JCAR did recommend certain technical

modifications, to which the Board agrees and which are

incorporated into today’s draft.

 These changes are mostly in the

nature of formatting

 (spacing,

 tabbing,

 etc.), punctuation,

and

spelling corrections.

 The exception is the recommendation that

all constructions of the form

“...

 the effective date of this

section (subpart, part,

 etc.)” be replaced with the explicit date

referenced.

 An example is the language at 814.702(b) (2):

After the effective date of this CcctionAuqust

1.

1994

the unit may continue to accept special waste under

permits existing prior to the effective date of this

CectionAugust 1.

 1994 and may renew those permits as

necessary.

In making changes of this latter type,

 the Board has

followed the convention of using August

1,

 1994 as the explicit

effective date

 for all provisions that are new today or otherwise

for the first time being applied to the facilities in question.

August

1,

1994

 is the date that the Board expects to have the

instant rules filed with the Secretary of State,

 and hence

“effective” from the perspective of the Illinois Administrative

Procedure Act.

Where the provisions are pre—existing provisions,

 the Board

has followed the convention of inserting September 18,

 1990 as

the explicit date.

 September

18,

 1990 is the effective date for

all of the pre-existing parts

 (i.e., Parts 810 through 815)

 that

are today amended.

ACKNOWLEDGEMENTS

Docket B

 is currently pending before the JCAR.

~ In the Matter of:

 Steel and Foundry Industry Ainendrnentsto

the Landfill Regulations

 (35 Ill.

 Adin.

 Code 810 through 815 and

817) R90—26 Docket A,

—

PCB

—,

 April 21,

 1994.

7

Although the SFG has been the proponent in this matter, the

Agency has also been a very active and important participant in

this proceeding.

 In particular,

 the Agency has contributed

extensively to development of the record at hearing and in

written comments,

 as well as through its work with the SFG during

evolution of the proposal.

 The Board extends its appreciation to

the Agency for thus bringing its valued professional perspective

to bear on this matter.

The Board also wishes to express its appreciation to those

Board personnel who have invested a particularly large effort in

bringing these regulations to fruition.

 These include former

Board Member Joan G. Anderson who was co—ordinating Board Member

through the formative stages of this action; former Board

Assistant Deborah A. Stonich and Senior Attorney Kathleen M.

Crowley who acted as hearing officers, have performed filings,

and have contributed to the general progress of this matter; and

Anand Rao of the Board’s Technical Unit who has reviewed the

technical aspects of this proposal and contributed substantially

to the development of these regulations.

ECONOMIC CONSIDERATIONS

Section 27(a)

 of the Act charges the Board,

 in promulgating

regulations, to consider the “technical feasibility and economic

reasonableness of measuring or reducing the particular type of

pollution”.

 The rules which the SFG has proposed to amend were

the subject of a lengthy,

 formal economic impact study

 (EcIS)

by

the Department of Energy and Natural Resources

 (DENR)

 and several

public comments, all of which were discussed in detail in the

 Board’s adopting opinions

 in Docket R88-7’°.

 Generally,

annualized incremental costs for development of new onsite and

off-site landfills facilities combined was estimated to be about

$42 million by the year 2005.

 The annualized incremental cost to

operate existing facilities of both types was expected to be $75

million in the early years,

 leveling off to $42 million by the

year 2005 with the closure of older facilities.

 Benefits were

considered to be largely unquantifiable,

 but were expected to

include a total of $46 million in costs avoided for remediation

of environmental damage at onsite facilities.

There has been relatively little economic discussion in this

record.

 DENR commented that it did not believe a formal EelS was

~°

 In the Matter of:

 Development, Operating and Reporting

Requirements For Non—Hazardous Waste Landfills,

 (Opinion of

February 25,

 1988,

 pp.43—46),

 86 PCB 649,

 691—194;

 (Opinion of

March

1,

 1990,

pp.

 28-33),

 109 PCB

1,

 28-33;

 (Opinion of August

17,

 1990,

pp.

 15—17),

 114 PCB 483, 497—499), R84—7.

8

necessary in this proceeding.

 (PC #1.)

 The Illinois Department

of Commerce and Community Affairs has stated its support for, and

 endorsement of, this proposal.

 (PC #2.)

 No one has disputed the

proponents’

 assessment that an estimated 115 steel and foundry

companies employing approximately 35,000 persons would be

affected by the relaxed standards in the instant rules.

 The SFG

estimated a cost savings of $2,875,000 to the affected

industries:

The estimated $2,875,000/year benefit to State industry

will result from the ability of the regulated

industries to use high volume waste steams for

beneficial purposes.

 In addition,

 “Low Risk” waste

landfills will be subject to design standards more in

keeping with their potential impact on the environment.

A side, unquantifiable,

 benefit to the State

 is the

reduction in demand on existing landfill capacity.

The

rulemaking should result in an net decrease in

administrative costs since a substantial volume of

wastes from the affected industries will be subject to

a reduced level of regulatory oversight.

 (PC #19).

DISCUSSION OF REGULATIONS

Today’s regulations fall into three groupings: new Part 817,

which contains provisions directed toward ~

 steel and foundry

industry landfills; additions to Part 814, which contain

provisions directed toward existing steel and foundry industry

landfills; and Parts 810 through 813 and Part 815,

 to which

conforming amendments are made.

This discussion is

 intended to explain and provide

 background to the individual provisions of today’s regulations.

It also includes some of the history of certain provisions.

Persons interested

 in additional history may wish to review the

Board’s supplemental opinion of March 31,

1994

 (see footnote

above).

For the sake of maintaining the discussion in numerical

order, the Board will discuss the various parts

 in sequence.

However,

 if the interested person is not already familiar with

the general outline of today’s regulations, the Board suggests

that reading the discussion of Part 817 first may provide the

best entree into the sum of today’s actions.

DISCUSSION

 PART 810 AMENDMENTS

Part 810 sets out general requirements applicable to all

solid waste disposal facilities regulated pursuant to 35

 Ill.

Adm. Code 811 through 815.

 By today’s action the Board makes

9

conforming amendments to several of these requirements.

 Included

is the applicability statement at Section 810.101.

The

amendments also add a number of definitions relating to steel and

foundry landfills and two new incorporations by reference.

Section 810.103

 Definitions

Today’s regulations require the addition of several

definitions to the existing body of definitions dealing with

solid waste management.

 For the purpose of continuing to have

 all of the Board’s solid waste definitions at one place, the

Board today adds these definitions at 35

 Ill. Code 810.103.

Seven new terms are today added.

 These are:

“beneficially usable waste”

“foundry sand”

“iron slag”

“low risk waste”

“potentially usable waste”

“slag”

“steel slag”

The definitions given for “foundry sand”,

 “iron slag”,

“slag”, and “steel slag” are commonly—understood definitions as

employed in the industries at issue.

The definitions for the three new types of waste,

“beneficially usable waste”,

 “low risk waste”,

 and “potentially

usable waste” are phrased identically.

 The distinction between

the three types

 of waste

 (and between these three and other

similar wastes)

 is determined by the additional information that

is found at

 35 Ill.

 Adm. Code 817.106.

 Section 817.106 lists the

maximum allowable leachate concentrations

 (MALCs)

 that defined

each waste type (see discussion of Section 817.106 below).

In retrospect, the Board questions whether defining each of

these three new waste types at Section 810.103 with identical

language was fully wise: unless the interested person also

considers Section 817.106,

it

 is not apparent that the three

terms do refer to distinctly different types of wastes.

 However,

before the Board’s reservation was fully framed, this proceeding

 had gone beyond opportunity where these definitions could be

readily changed; rather than start the whole matter over,

the

Board believes that retaining the current form now is the better

course of action.

 The Board does believe that any persons who

involve themselves

 in the sum of these regulations will readily

come to an understanding of the distinction between the three

waste types.

In this immediate document, the Board has noted some of the

salient differences in the nature and management of the three new

10

waste types

 in the “OVERVIEW” section above.

 The Board provides

additional discussion of the distinction between the three waste

types

 in the discussion below of Part 817.

Section 810.104

 Incorporations by Reference

Today’s amendments to Section 810.104 consist of the

incorporation of two ASTM documents.

 The first document is

entitled “Standard Test Method for Shake Extraction of Solid

Waste with Water”

 (ASTM Method D3987-85), which specifies the

procedure for leachate extraction.

 The second document is also

an ASTM publication (ASTM Method D2234-76); it specifies

procedures for collecting representative samples from waste

streams for leachate analysis.

DISCUSSION

——

 PARTS 807,

 811,

 812 and 813

The Board today adopts a number of minor changes to its

existing regulations for solid waste management

 (Part 807),

new

solid waste landfills (Part 811), permit application

informational requirements

 (Part 812), and permitting

requirements (Part 813).

 These changes make the applicability

provisions of these existing regulations compatible with the

newly adopted Part 817.

DISCUSSION

 PART 814 AMENDMENTS

Part 814 specifies standards applicable to all existing

landfills.

 Today’s amendments add four new subparts to Part 814

to accommodate the landfilling of steel and foundry industry

wastes under four different scenarios.

Each of the four new subparts is constructed in a similar

fashion, with a scope and applicability section and with a

section specifying the applicable operation and closure

standards”.

Each new scope and applicability section contains a

requirement that the owner or operator of the landfill

demonstrate that the waste being received is of the type to which

the subpart applies.

 In effect, this requires that each landfill

be classified according to waste type (i.e.,

 a “LRW landfill” or

a “PUN landfill”)

“

The Board notes that the same two-section format has been

previously used

 in existing Subparts B,

C,

D,

 and E of Part 814.

11

In each of the scope and applicability sections and in each

 of the standards sections there is extensive use of cross—

referencing.

 Thus, for example, rather than spell out

independently at Section 814.601(c) (1) how a landfill lèachate

sample must be collected, reference is made to the landfill

leachate sampling procedures at Section 817.103.

 This device is

used throughout Part 814

 (within both the existing and today’s

new subparts)

as

 a way to assist uniformity between regulations

that are common to both new and existing landfills.

Today’s new subparts also draw on the existing subparts of

Part 814.

 Thus,

 the operational and closure standards that we

adopt today for LRW landfills are identical

 in most respects to

the standards applicable to chemical and putrescible waste

landfills,

 and the standards we adopt today for

P13W

landfills are

essentially identical to the standards applicable to existing

inert waste landfills.

 This action heeds the principle that has

guided this regulatory proceeding: that steel and foundry

industry landfills remain subject to the same regulations as

other landfills, except

 in the limited circumstances where steel

and foundry industry wastes are demonstrably different.

The four new subparts are directed one each to four

combinations of waste types and closure conditions,

 as follows:

Waste

 Closure

Type

 Term

Subpart F

LRW

7

 years

Subpart G

LRW

 between

 2 and

 7 years

Subpart H

 LRW or PUN

2

 years

Subpart

I

PUN

2

 years

The closure term is related to an existing landfill’s ability to

meet interim standards,

 consistent with the existing portion of

Part 814.

The Board notes that Part 814.Subpart A, which contains

general provisions applicable to existing landfills,

 also applies

to all the existing landfills considered in today’s regulations.

The Board further notes that all the time limitations specified

in Part 814.Subpart A concerning filing of Agency notifications,

permit applications,

 etc., are intended to start from the

effective date of today’s regulations as these regulations apply

to steel and foundry industry landfills.

 The interim period

before initiation of closure of steel and foundry facilities

(2

or

 7 years)

 also starts from the effective date of the today’s

regulations.

Part 814.Subpart

F:

 Standards for Low Risk Waste Landfills

that May Remain Open for More than Seven Years

12

Section 814.601

 ScoPe and ADplicability

The standards of this subpart are applicable to all existing

LRW landfills,

 including those exempt from permit requirements in

accordance with Section 21(d)

 of the Act, that have accepted or

intend to accept LRW.

 An owner or operator of an existing

landfill must demonstrate that the landfill meets the

classification criteria for LRW in order to be regulated under

this subpart.

 Existing landfill units that are unable to comply

with the LR~classification criteria must comply with the

regulations for chemical and putrescible waste landfills at Part

8l4.Subparts C,

 D, or E.

An existing landfill accepting LRW that meets the

classification criteria for LRW is subject to the standards

specified in this subpart if

 it remains open beyond seven years

after the effective date of today’s action,

 and is able to meet

the requirements specified in Section 814.602.

 Existing landfill

units that are unable to comply with the requirements of this

subpart are subject to the requirements of Part 814.Subpart G or

H.

Section 814.602

 Applicable Standards

Pursuant to this section, LRW landfill units are required to

meet all of the standards for new landfill units at 35

 Ill.

 Adm.

Code 817 except as specifically listed at Section 814.602(a).

The major of these exceptions are location standards,

 foundation

and mass stability analysis standards,

 the liner and leachate

drainage and collection requirements of Part 817, final cover

requirements,

 and the comprehensive hydrogeological site

investigation requirements.

 However, the regulations require

 hydrogeologic information sufficient to establish a groundwater

monitoring program and to establish background concentrations.

In addition, existing LRW units are subject to requirements

specified at Section 817.602(b)

 relating to leachate management,

protection against slope failure, and calculation of the design

period for purposes of financial assurance.

These requirements at Section 814.602 are similar to those

specified at 35

 Ill.

 Adm. Code 814.Subpart C for existing

chemical and putrescible waste landfill units.

 The differences

are that Section 814.602 cross—references to Part 817, whereas

814.Subpart C cross-references to Part 811.

 The leachate

management provisions of Section 817.602(b) (1) are also different

in detail: today’s regulations do not require a leachate

collection and transport system if the facility provides proof

that the applicable groundwater quality standards will not be

exceeded at the compliance boundary.

Part 814.Subpart G: Standards for Low Risk Waste Landfills

That Must Initiate Closure Within Seven Years

13

Section 814.701

 Scope and Applicability

The standards of this subpart are applicable to all existing

LRW landfills,

 including those exempt from permit requirements in

accordance with Section 21(d) of the Act, that remain open beyond

2 years but no longer than

 7 years after the effective date of

 today’s regulations.

 As with Subpart F landfills, an owner or

operator must demonstrate that the landfill meets the

classification criteria for LRW in order to be regulated under

Subpart C.

 Existing landfill units that are unable to comply

with the LRW classification criteria must comply with the

regulations for chemical and putrescible waste landfills at Part

8l4.Subparts C,

D,

or

E.

An existing LRW landfill that meets the classification

criteria for LRW would be subject to the standards specified in

this subpart if

 it remains open beyond 2 years, but no longer

than

 7 years,

 after the effective date of the amendments,

 and is

able to meet the requirements specified in Section 814.702.

Landfill units that are unable to comply with the requirements of

this subpart are subject to the requirements of Part 8l4.Subpart

H.

Section 814.702

 Applicable Standards

Pursuant to this section, LRW landfill units are required to

meet

~jJ.

of the standards for new units at

 35 Ill.

 Adm. Code 817

except as specifically listed at Section 814.702(a).

 The major

of these exceptions are the location standards,

 foundation and

mass stability analysis standards,

 liner and leachate drainage

and collection requirements, hydrogeological site investigation

requirements, groundwater impact assessment standards,

groundwater monitoring requirements, and groundwater quality

 standards of 35

 Ill.

 Adm. Code 817.416.

 In addition, the

existing LRW units are subject to requirements specified at

Section 817.702(b), which include prohibition against expansion

of the facility or acceptance of new special wastes, groundwater

standards as specified in Section 814.702(b) (3), and calculation

of the design period for purposes of financial assurance.

These requirements at Section 814.702 are identical to those

specified at

 35 Ill.

 Adm. Code 814.Subpart D for existing

chemical and putrescible waste landfill units,

 except for a

change concerning acceptance of new special wastes.

 Section

814.702(b) (2)

 allows a unit to apply for supplemental waste

stream permits to accept additional waste streams as long as the

waste

 is similar

 in composition to the waste previously disposed

in the landfill unit and provided that the waste meets the

leaching concentration limits for low risk wastes.

Part 814.Subpart

 H: Standards for PUN Landfills

and Low Risk Waste Landfills That Must Initiate

14

Closure Within Two Years

The standards of this subpart are applicable to all existing

PUN and LRW landfill units,

 including those exempt from permit

requirements in accordance with Section 21(d)

 of the Act, that

are unable to meet the requirements of Part 814.Subparts F, G or

I, or are scheduled to begin closure within two years of the

 effective date of this section.

 These units are subject to the

existing Part 807 standards for operation and closure of landfill

facilities.

The requirements of this subpart parallel those specified at

Part 814.Subpart

E.

 The Board places the regulations under

Subpart H with minor clarifying changes to the Subpart heading.

Part 814.Subpart

 I: Standards for PUN Landfills

That May Remain OPen for More Than

Two

Years

Section 814.901

 ScoPe and Applicability

The standards of this subpart are applicable to existing

P13W

landfills,

 including those exempt from permit requirements

in

accordance with Section 21(d)

 of the Act, that remain open beyond

2 years.

 Landfill units that are unable to comply with the

standards of this subpart must initiate closure

 in accordance

with the requirements of Part 814.Subpart

H.

The owner or operator must also demonstrate that the

landfill meets the classification criteria for PUN

 in order to be

regulated under this subpart.

 Landfill units that are unable to

meet the PUN classification criteria are subject, depending on

leachate concentrations,

 to either the LRW landfill regulations,

or the chemical and putrescible waste landfill regulations.

Section 814.902

 Applicable Standards

An existing facility accepting PUN is subject to all the

requirements for a new PUN landfill at 35

 Ill.

 Adm. Code

817.Subpart

C.

 The Board notes that these standards mirror those

specified for inert waste regulations at Part 814.Subpart B.

The

only exception is that if it

 is not possible to obtain actual

leachate samples, the regulations at Section 814.902(b)

 allow the

use of leachate extracted from core waste samples obtained from

the unit.

DISCUSSION

 PART 815 AMENDMENTS

Part 815 sets forth the informational requirements for

landfills exempt from permits pursuant to Section 21(d)

 of the

Act.

 The SFG recommends and the Board accepts amendments to

15

certain sections in this part to make the requirements of this

part applicable to steel and foundry landfills.

The amendments affect Sections 815.202 and 815.401.

The

amendments are intended to distinguish between existing

steel/foundry industry landfills and the currently regulated

nonhazardous waste landfills; and to specify a filing deadline

for existing steel and foundry industry landfills.

DISCUSSION

 PART 817

Part 817 sets out the requirements for ~

 steel and foundry

industry landfills.

 The part also serves the additional purpose

of housing many of the general provisions that relate to steel

and foundry industry wastes,

 irrespectively of whether the wastes

are to be disposed in existing or new landfills

 (see cross—

referencing discussion

 in Part 814,

 above).

Thus,

 the standards that define and distinguish BUN from

P13W

from LRW are contained within this part.

 Similarly,

 the other

provisions that apply to both existing and new steel and foundry

industry landfills are housed here.

PART 817.Subpart A: General Requirements

Section 817.101

 Scope and Applicability

The scope and applicability for Part 817

 is set out at

Section 817.101.

 It is initially specified that all the

requirements of Part 811 apply to new steel and foundry industry

landfills,

 unless specifically stated otherwise within Part 817.

Part 811 houses much of the Board’s general landfill

regulations.

 Thus, these general regulations apply unless there

is an affirmative statement to the contrary.

 This provision is

consistent with the principle that steel and foundry industry

landfills remain subject to the same regulations as other

landfills, except in the limited circumstances where the Board

has found that steel and foundry industry wastes are demonstrably

different.

Section 817.101 also specifies which waste streams are

covered under Part 817.

 These must be non—putrescible’2, be

produced by the steel and foundry industry, and not be mixed with

waste from other sources.

12

Non-putrescible waste

 is defined at

35

 Ill. Code 811.103.

16

The steel and foundry industry is defined by use of SIC

(Standard Industrial Classification)

 codes.

 Some concern has

been expressed over the course of this proceeding that use of the

SIC codes might inadvertently exclude some worthy candidates.

In

particular,

 at the November 19,

 1993 hearing and

 in subsequent

public comment,

 Beloit Corporation

 (Beloit)

 noted that some

provision should be made for “captive foundries”, which are

foundries that exist within a larger industry that operates under

a non-foundry SIC code.

 (Tr5. at 56-58 and P.C.

 #21.)

The

Board agree.d with Beloit, and accordingly at second notice added

817.101 (a) (2)

 to allow captive foundries to be brought under the

instant rule.

Subsections

(c)

 through

 (f) deal with exceptions related to

steel and foundry wastes that are capable of being used or reused

in some manner, such as road building or land reclamation.

In

the case of land reclamation, Agency approval is required and is

to be based upon a showing that groundwater standards will not be

exceeded.

Section 817.103

 Determination of Waste Status

This section sets forth the test methods for obtaining

representative waste samples and extracting leachate from each

waste stream for waste characterization purposes.

The

regulations prescribe ASTM Methods D2234-76 and D3987-85

for

sample collection and leachate extraction,

 respectively.

The

regulations also provide that in some circumstances the samples

may be obtained from other,

 similar landfills.

Waste Management of Illinois,

 Inc.

 (WMI)

 questioned why the

ASTM Method D3987-85 for leachate extraction was specified,

as

opposed to the Toxicity Characteristics Leaching Procedure

(TCLP).

 (PC #18.)

WNI

believes that the ASTM test method

is

less aggressive than the TCLP test.

 WIMI’s comments requested

that the Board explain the basis for the usage of the procedure.

The Board notes that the SFG discussed the issue of

appropriateness of the test methods during the initial hearings.

(Tn. at 96-106 and Exh.

 5 at 1-4.)

 The SFG observed that the

main difference between the ASTM test method and the TCLP is the

leaching solution.

 An acidic solution

 is used in the TCLP, while

distilled water is used in the ASTM test.

 The SFG admitted that

the TCLP is more aggressive than the ASTM test method,

particularly for primary metals.

 (Tn.

 at 105.)

 However, the

SFG stated that the ASTM method

 is more appropriate for steel and

foundry waste landfills.

 The SFG noted that

 in monofills

 containing nonputrescible wastes

 (steel and foundry wastes),

acids that lower the leachate pH are not generated as they are in

municipal solid waste landfills.

 (Exh.

 15 at

3.)

 Thus,

 the SFG

contends,

 and the Board accepts,

 that

 a water leaching test

 is a

17

more realistic model of pH controlling factors in steel and

foundry landfills.

The Board had also previously addressed the issue

of

the

leachate extraction procedure when it adopted the existing

landfill regulations

 in R88-7.

 In that rulemaking,

 at Section

811.202, the Board specified performance standards for selecting

an appropriate leachate extraction procedure instead of

specifying a specific test method.

 The standards are that the

procedure must closely reproduce expected field conditions,

and

must utilize an extraction solution representative of the

physical and chemical characteristics of the liquid expected to

infiltrate through the waste.

 In adopting these standards,

the

Board recognized that any one particular test method may not be

suitable for all situations.

The Board applies the Part 811 performance standards to

evaluate the suitability of the test method proposed by the SFG

and finds that the ASTM leach test is an acceptable leachate

extraction procedure for steel and foundry industry wastes.

 Section 817.104

 Sampling Frequency

Rules for sampling frequency are specified at Section

817.104.

 They require the testing of all

 individual waste

streams on an annual basis.

 Additional testing of individual

waste streams is required whenever there

is:

 a change in raw

materials that could result in a change

 in the wastes’

classification;

 a process modification that could significantly

affect the wastes’

 leaching characteristics; or an addition of a

new process that may generate a new waste material.

Section 817.105/Section 817.106

 Waste Classification

Sections 817.105 and 817.106 present the methods and tests

by which

 a steel and foundry industry waste

 is determined to be

BUN,

 PUN,

 LRW,

 or otherwise’3.

 This determination,

 in turn,

controls which specific landfilling regulations apply.

Accordingly, these sections constitute a cornerstone of the new

steel and foundry industry regulations.

Whether any steel and foundry industry waste

 is determined

to be a BUN,

 PUN,

 or LRW depends upon its leaching potential

(measured by the procedures of Section 817.103).

 The leaching

potential

 for any given constituent

 is measured as

a

concentration.

 These concentrations are then compared against

‘~

A wastestrearn that fails to fit into LRW,

 PUN,

 or BUN

categories because the waste

 is too leachable is regulated as

chemical waste pursuant to 817.105(c).

18

“standards”

 (maximum allowable leaching concentrations or MALCs)

for each of BUN,

 PUW,

 and LRW to determine the wastestream’s

classification.

 For example,

 a waste that produces a nitrate

concentration of less than 10 mg/L falls within the

BUN

range,

a

waste that produces a nitrate concentration between 10 and 20

xng/L falls within the

 P13W

range,

 and a waste that produces a

nitrate concentration between 20 and 30 mg/L falls within the

LRW

range;

 a waste that produces a nitrate concentration over 30 mg/L

is neither PUN,

 BUN, nor LRW and hence is not eligible for the

special provisions of Part 817 irrespective of any of its other

characteristics or origin.

For a waste to be classified as BUN, PUN,

 or LRW,

 it can not

exceed the leaching potential MALC5 of Section 817.106 for any

listed constituent.

Most of the MALCs at Section 817.106 have been set using

existing groundwater quality standards.

 The basis for each set

of MALC5 follows.

 Primary standards are those based on health

and safety factors; secondary standards are those based on other

factors,

 including esthetics.

~

 The MALCs for all the primary constituents correspond

to the Class

 I groundwater quality standards at 35 Ill. Adm. Code

620.410.

 For secondary constituents, the MALCs are based on

secondary MCLs’4

 (SMCLs)

 and the groundwater quality standards of

35

 Ill. Adm. Code

 620’s.

PUN.

 The MALCS for

 P1.1W

are set at twice the level

 of MALC5

for BUN for most of the primary constituents, including the

organic constituents.

 Exceptions are selenium, fluoride, and

total xylenes for which the MALCs are set at the same level as

the MALCs

 for BUN.

Except for manganese and zinc, the PUN MALCs for the

secondary constituents are set at the same levels as the MALCs

of

BUN.

 The MALCs for manganese and zinc are set at five times and

two times the BUN-level, respectively.

 The SFG observed that

some waste streams have higher manganese and zinc concentrations

than the MCLs.

 (Exh.

 15 at

1.)

 However, the SFG noted and the

Board accepts that having classification criteria for these

constituents above the secondary drinking water criteria

 is not

likely to have a deleterious environmental impact,

 since the

14

Chloride

 SMCL; manganese

3

times

SNCL;

 and copper

—

5

times SNCL.

~ The following secondary constituents are set at the Class

I groundwater quality standards:

 iron,

 sulfates,

 zinc,

 and TDS.

19

constituents are commonly found in shallow groundwater and are of

concern principally for aesthetic reasons.

 (Exh.

 5 at 6.)

LEIi.

 For the most part,

the

MALCs

for primary constituents

are set at five times the MALCs for BUN.

 The exceptions are

cadmium (10 x BUN),

 chromium (2.5 x BUN), nitrate

(3

 x BUN),

and

1,2-dichioroethane

 (3.4

 x BUN).

 The SFG observed that the

criteria for LRW are intended to be conservative, particularly

since studies have found that leaching tests tend to overestimate

the release of primary drinking water parameters from foundry

wastes.

 (Exh.

 5 at 5.)

 The MALCs for the secondary constituents

are set at

 2 to 25 times the

MALCs

for BUN.

The Board notes that pursuant to Section 817.106(b) the

Agency could, upon application, allow exceedences of any

secondary standard provided that the permit applicant shows that

such increases would not adversely affect human health or the

environment.

 It will be noted that this provision applies to

 both permitted and unpermitted facilities

Section 817.107

 Waste Mining

The instant regulations at Section 817.107 specify the

requirements for waste mining at landfills covered by Part 817,

including previously abandoned or closed units.

 The SFG observed

that the waste mining requirements were proposed in response to

the Agency’s suggestion, and are intended to provide for a

continuation of current practice.

 (Exh.

 53 at 2.)

In outline,

 Section 817.107 requires an owner or operator

intending to mine steel and foundry waste to develop a closure

plan for the mining area prior to initiating mining activities;

amend the closure plan if wastes are discovered in the landfill

that exceed the MALCs for low risk wastes;

 initiate closure if no

waste is removed over a period of one year; and complete closure

of disturbed areas

 in accordance with the closure plan.

The

regulations prohibit the disposal of new wastes in mined areas of

a landfill during or after the mining operation unless the

closure plan allows such disposal.

PART 817.Subpart

 B: Standards for Management of

Beneficially Usable Steel and Foundry Wastes

This subpart applies to wastes that meet the definition of

BUN.

 Its principal features are specifications on the uses to

which BUN may be put, requirements relating to notification, and

limits on long-term storage.

Section 817.201

 Scope and Applicability

Section 817.201 specifies that the sections of 35 Ill. Adm.

Code 811.Subpart A that apply to BUN are limited to 811.101 and

811.102.

 Other sections of 8l1.Subpart A are excluded because

they deal with matters

 (e.g., daily cover)

 that are notgermane

to the uses to which BUN may be put.

Section 817.202

 Limitations on Use

Section 817.202

 sets forth restrictions on use of BUN.

Mainly, the regulations allow BUN to be used only as a substitute

for commercially available materials,

 including soil used for

land reclamation.

 Any person who stores BUN is required to take

all necessary actions to ensure that waste piles do not present

nuisance problems.

 At subsection

(C)

 it is further specified

that access to the open face of

 a BUN storage area must be

restricted to prevent unauthorized entry.

Section 817.203

 Notification

The purpose of this section is to assure that properly

interested persons are aware of the BUN nature of the waste.

In

particular,

it

 is required that a generator of wastes regulated

by Section 817.Subpart

B,

 and persons conducting waste mining

under Section 817.107, certify that BUN waste sent off—site meets

the

MALCs

for BUN.

 A copy of the certification must be provided

 with each shipment.

Additionally, a generator of BUN must submit to the Agency

for each new recipient of the waste and each new use location

information intended to alert the Agency to the nature and

location of all off—site BUN “disposals”.

Section 817.204

 Long-term Storacte

If BUN is accumulated in

 a storage pile and the pile become

inactive

 (no waste has been added to or removed from the pile for

more than one year),

 the waste pile must be closed.

 The closure

procedures are the same as those for

 P1.1W

landfills as specified

at 8l7.Subpart

C.

 The provision that requires an owner or

operator to demonstrate that the waste

is

 being added ~o or

removed from the pile was added prior to second no~iceat the

recommendation of the SFG

 (Exh.

 63 at

 3) ~nd is based

 on the

definition of “waste pile”

 found at 35

 Ill. Adm. Code 810.103.

The storage requirements also allow an owner or operator to

obtain an extension of the closure requirement

 for up to six

months, based on evidence that there is a specific market for the

BUN.

Part

8l7.Subpart

Staj~ards

for

poten~iaLyJJsab~~

Waste Landf

iii~

21

Part 817.Subpart C sets forth the standards applicable to

 PUN landfills.

 This subpart is designed under the tenet that

 P13W

is in its characteristics much like the existing class of “inert

waste”6.

 Accordingly,

 the standards for PUN landfills are

designed to be much like those for inert waste landfills as found

at 35 Ill. Adm. Code 811.Subpart

B,

 and in many provisions they

are identical.

P13W does differ from inert waste,

 however,

 in its degree of

leachability.

 In particular, the maximum allowable leachate

concentrations

 (MALCs)

 for PUN at Section 817.106 are set at

twice the allowable leachate levels for inert waste landfills

under Section 811.202.

The Board expressed concern regarding the proposed standards

for PUN landfills at the hearings held on October

 1, and November

19,

 1993.

 (Tr4. at 67-70 and Tr5. at 35—43).

 Mainly, the Board

questioned the adequacy of the proposed PUN landfill standards to

protect against groundwater contamination in the absence of

safeguards such as location restrictions based on geologic

setting,

 leachate containment systems, and groundwater

monitoring.

In response, the SFG submitted additional location standards

for PUN landfills.

 (PC #19 at 7—9.)

 However,

 as observed in its

order of March 31,

1994

 (see footnote above), the Board did not

believe that it was appropriate to move forward on the location

 standards without the scrutiny afforded by first notice.

Accordingly, the location standards have been severed out are

currently being independently considered in Docket B of this

proceeding.

Section

817.301

Scope

and

Applicability

Section 817.301 initially specifies that all of 35

 Ill.

 Adm.

Code 811.Subpart A applies to PUN landfills.

 Part 811.Subpart A

contains general standards for all landfills.

 These standards

relate to location,

 surface water drainage,

 survey controls,

16

“Inert waste”

 is defined at 35 Ill. Adm. Code 810.103:

“Inert

waste”

means

any

solid

waste

that

will

not

decompose

biologically,

burn,

serve

food

for

vectors,

form

gas,

cause

odor,

form

contaminated

leachate,

determined

accordance

with

Section

811.202(b).

Such

inert

waste

shall

include

only

non-biodegradable

and

non-putrescible

solid

wastes.

Inert

wastes

may

include,

but

are

not

limited

to,

bricks,

masonry

and

concrete

(cured

for

days

more).

22

compaction,

daily

cover,

operation,

closure,

and

postclosure

care.

second

notice

the

Board

inserted

provision

that

clarifies

that

 landfill regulated pursuant to this Subpart C

may

BUN

for

disposal.

intend,

accordingly,

that

Subpart

landfills

can

receive

solely

PUN,

BUN

and

PUN

combination,

solely

BUN.

Section

817.302

Design

Period

The

design

period

for

PUN

landfills

the

same

that

specified

for

inert

waste

landfills

Ill.

Adm.

Code

811.203.

Section

817.303

Final

Cover

Section

817.303

requires

that

minimum

0.46

meters

(1.5

feet)

soil

material

applied

over

all

disturbed

areas

final

cover

unless

otherwise

specified

permit

other

written

Agency

approval.

The

soil

material

must

capable

supporting vegetation that prevents or minimizes erosion.

The

Board notes that the final cover thickness is half the thickness

required for inert waste landfills under 35

 Ill. Adm. Code

811.204.

The Board had questioned the specification of the reduced

final cover thickness.

 (Tr4. at 97-98.)

 The SFG observed that

the thickness is based on the results of

 a study that found that

the maximum root penetration depth of cover materials at

a

landfill was

 18 inches.

 (Exh.

 3 at

4.)

 Therefore,

 the SFG

contends that the thickness is adequate to support vegetation and

minimize potential for root penetration.

 The Board accepts SFG’s

arguments and today adopts the 1.5—foot thickness requirement.

Section 817.304

 Final Slope and Stabilization

Final slope and stabilization requirements are the same as

those specified for inert waste landfills at 35

 Ill. Adm. Code

811. 205.

Section 817.305

 Leachate Sampling

The requirements of this section parallel the leachate

sampling requirements for inert waste landfills under

35

 Ill.

Adm. Code 811.206.

 However, the regulations specify some

additional requirements regarding steps to be taken by an owner

or operator in the event of an exceedence of any PUN MALC.

All PUN landfills are required to be designed to include a

leachate monitoring system capable of collecting representative

samples of leachate generated by the waste.

 Every six months

leachate samples must be collected and analyzed for all

23

constituents listed in Section 817.106

determine

whether

the

MALCs for PUN have been exceeded.

 The regulations at Section

817.305(c)

 allow the frequency of leachate testing for organic

chemicals to be reduced to once every two years

 if the results of

testing indicate that the MALCs for organic chemical constituents

for

 P13W

have not been exceeded for four consecutive sampling

periods.

Section 817.305(c)

 sets forth the steps to be taken by an

operator if the leachate testing confirms an exceedence of PUN

MALCs.

 The operator is required to notify the Agency within 10

days following the finding.

 Further, the operator must determine

 the cause of the exceedence, and whether the exceedence

is

attributable to the facility.

 Upon determination that the

facility leachate exceeds the MALC5 for PUN, the facility will be

immediately subject to the LRW landfill requirements under 35

Ill.

 Adm. Code 814.602.

 If the facility leachate exceeds the

MALCs for LRW, then the facility is required to cease accepting

waste and close

 in accordance with Part 811.

 The results of the

leachate analysis must be included in the quarterly groundwater

reports submitted to the Agency

 in accordance with Part 813 for

permitted facilities or Part 815 for unpermitted facilities.

Section 817.306

 Load Checking

Load checking requirements are essentially the same as those

specified for inert waste landfills at

 35 Ill. Adm.

 Code 811.207.

Part 817.Subpart

D:

 Standards for Low Risk

Waste landfills

Today’s regulations require LRW landfills to be designed and

operated in accordance with standards similar in scope to those

specified for the putrescible and chemical waste landfills at 35

Ill. Adm. Code 8l1.Subpart

C.

 For the most part,

 the standards

mirror the existing regulations.

 However, certain requirements

in the existing regulations have been either relaxed or changed.

The SFG has presented evidence that the reduced standards

are justified since the LRWs present a relatively lower risk of

harm to the environment due to both the nature and quality of

 anticipated leachates.

 (Statement of Reasons at 4.)

 The Board

notes that major differences between the regulations for LRW

landfills and putrescible and chemical waste landfills relate to

liner and final cover thickness, operation of the leachate

collection system, groundwater impact assessment, design period,

groundwater monitoring period, and groundwater quality standards.

Each

these

matters

the

nature

and

quality

leachate.

The

Board

 notes

that

the

LRW

portions

the

proposal

have

evolve rather significantly over the course of this proceeding,

and that today’s regulations differ significantly from those

initially proposed in December 1990.

 Although

both

the

Board

and

the Agency had significant reservations about the LRW proposal in

its initial form, the Board believes that the regulations as

today adopted are protective of human health and the environment.

In the following discussion, the Board will address only

those regulations that have been derived by modifying or changing

the existing landfill regulations.

 The interested person who

wishes a discussion of these existing provisions is directed to

 the Board’s opinion adopted

 in Docket R88-7’7.

Section 817.401

 Scope and Applicability

This section is essentially the same as 35

 Ill.

 Adm. Code

811.301 except for changes that reflect the applicability of this

subpart to LRW landfills instead of putrescible and chemical

waste landfills.

Section 817.402

 Facility Location

This section is the same as

35

 Ill. Adm. Code 811.302.

Section 817.403

 Design Period

The design period is the period of time for which a

structure at a landfill must be designed to perform properly.

All environmental control structures such as liners,

 leachate

collection systems,

 etc., must consist of materials and equipment

that can function over the entire design period.

 The design

period for LRW disposal units is the operating life plus 20 years

of postclosure care.

The 20—year postclosure care period

 is less than the 30—year

postclosure care period specified for chemical waste landfills at

35

 Ill. Adm. Code 811.303.

 This issue was considered at hearing.

(Exh.

 13 at 6.)

 In this regard, the Board notes that the

existing regulations do not allow the reduction of the design

period for chemical waste landfills because biodegradation is not

expected to occur in such landfills.

 (Board’s Final Opinion in

R88-7, Appendix

 1 at 29-30.)

 In other words,

 chemical waste

 landfills tend to generate contaminated leachate over a longer

time period.

The SFG contended that the leachate quality from LRW

landfills will tend to remain very consistent with time during

the operating life of the site.

 Further,

 SFG observed that once

the site

 is closed the wastes will tend to stabilize,

 and a

‘~

See footnote #2.

reduction

leachate

strength

will

occur.

(Exh.

5—6.)

Accordingly,

the

SFG

 contended that a design period which

includes

the

operating

life

the

site

plus

years

should

adequate for the design of liners and leachate collection systems

for LRW landfills.

 The SFG submitted a number of technical

reports concerning the impact of foundry waste leachate on

groundwater to support its position.

 (Exh.

7b,

7c,

 8, and 26.)

Upon review of the technical information submitted by the

SFG, the Board finds that the design period

 is adequate for the

design and construction of LRW landfills.

 Even though the design

period seemingly limits the postclosure care period to 20 years,

the Board notes that the termination of certain postclosure care

 requirements such as groundwater monitoring,

 leachate monitoring,

etc., would be determined by other criteria.

 For example, under

the regulations, groundwater monitoring may be terminated only if

the conditions of Section 817.415(a) (1) (C)

 are met.

 Thus,

compliance with certain requirements that ensure protection of

human health and the environment may have to be continued beyond

the design period.

Section 817.404

 Foundation and Mass Stability Analysis

The requirements in this section are essentially the same as

those specified at 35

 111. Adm. Code 811.304, except for language

changes at Sections 817.404(a)

 and 817.404(b)

 relating to

leachate collection systems.

The Board notes that the putrescible and chemical waste

landfill regulations specify foundation and mass stability

standards for the protection of the “liner leachate collection

system”.

 This provision was not contained in the proposals

before the Board,

 and accordingly was added by the Board at

second notice.

 The Board believes that this addition

is

consistent with the liner requirements, which include the

leachate collection system.

Section 817.405

 Foundation Construction

This section

 is essentially the same as 35

 Ill.

 Adm. Code

811.305 except for the changes that reflect the applicability of

the today’s requirements to LRW landfills instead of putrescible

 and chemical waste landfills.

Section 817.406

 Liner Systems

The standards for liner systems adopted in this section are

essentially the same as the liner requirements specified at 35

Ill.

 Adm.

 Code 811.306, except for the thickness of the compacted

earth liner.

 The minimum thickness of the compacted earth liner

at Section 817.406

 (d)(1)

 has been reduced from

 5 feet to

 3 feet.

The Board notes that the SFG had initially proposed a thickness

26

of 2.5 feet,

 which was later increased to

3

 feet in the revised

proposal.

 The SFG submitted technical testimony in support of a

three—foot liner.

 According to the SFG’s expert,

 a minimum of

two feet would be sufficient to provide a maximum permeability of

1 X i0~cm/sec.

 (Exh.

 3 at 2.)

 Further, the SFG notes that

physical characteristics of the wastes and the chemical

characteristics of the leachate tend to minimize potential for

liner damage.

 Thus,

 SFG contended that three feet is adequate

for LRW landfills.

The Board notes that the existing 5-foot liner standard at

35

 Ill. Adm. Code 811.306 was adopted on the basis of extensive

technical testimony, which supports that a minimum earth liner of

three feet would provide an adequate margin of safety,

considering that the unit would be subject to performance

 standards,

 requirements for construction quality assurance,

hydrogeological investigations,

 liner construction and

foundation,

 leachate collection,

 etc.

 The Board required an

extra two feet to guard against “unanticipated potential for

error in implementing the regulations that might be sufficient to

cause more reliance on the liner than was intended”8.

In the present context,

 the Board finds that a three-foot

liner would provide an adequate margin of safety because: the LRW

landfills are subject to performance standards,

 construction

quality assurance,

 foundation,

 etc.,

 that are comparable to the

existing standards for chemical waste landfills;

 and, due to

nature of the waste,

 there is no significant need to allow for

potential physical and chemical damage to the liner.

Sections 817.407 to 817.409

 Lepchate Management System

LRW landfills are subject to leachate management.

The

regulations include drainage, collection,

 treatment, disposal

standards.

 These standards are essentially the same as those

specified in the Board’s existing regulations at 35 Ill.

 Adra.

Code 811.307,

 811.308, and 811.309,

 except for certain changes

relating to operation of the leachate collection system and

leachate monitoring.

The major operational difference between the LRW landfill

regulations and those for putrescible and chemical waste

landfills is that LRW landfills are allowed to use the leachate

drainage and collection systems for the purpose of storing

leachate.

 Pursuant to Section 817.409(a),

 leachate must be

removed from the drainage and collection system when the leachate

18

 In the matter of: Development, Operating and Reporting

Requirements for Non-Hazardous Waste Landfills,

 R88-7, second

first notice opinion,

 109 PCB 001,041, March

1,

 1990.

27

level interferes with the landfill operation.

 In contrast, the

Board’s putrescible and chemical waste landfill regulations

prohibit storage of leachate in the drainage and collection

systems:

 35 Ill.

 Adm.

 Code 811.309 requires leachate to be

allowed to flow freely from the drainage and collection system.

Also,

 existing regulations at 35 Ill. Adm. Code 811.307 require

that the leachate drainage system be designed to maintain a

maximum leachate head of one foot above the liner.

The SFG contended that because of the nature and

characteristics of foundry and steel wastes, and the lack of

significant environmental impacts associated with the existing

disposal facilities which contain these wastes,

 a leachate

collection system designed for a new monofill should not have to

function like a conventional municipal solid waste landfill

collection system.

 (Exh.

 3 at 5.)

 According to the SFG, the

basic purpose of the leachate collection system is to provide

a

mechanism for periodic head reduction in those instances where

leachate level interferes with site operation.

 In addition, the

SFG also stated that routine leachate removal would result in

economic problems.

 (Tr4.

 at 73 and 75.)

Both, the Board and the Agency expressed concerns regarding

the allowable leachate head within the landfill unit.

 (Tr4. at

71—72 and 77—79.)

 In response, the SFG submitted language

changes to Section 817.409(a), which limited the leachate head

within the landfill unit to

 10 feet

 (Exh.

 63 at 5),

 and which the

Board accepts.

 The SFG’s expert stated that the ten-foot head is

reasonable since to sustain such a head,

 recharge must be

 in the

range of six inches per year, which is a fairly conservative

number.

 (Tr4. at 79.)

 The SFG’s expert also stated that the

groundwater contaminant transport modeling results were not

particularly sensitive to leachate head in the range of

 1 to 10

feet.

 (Tr4.

 at 74.)

Even though continuous leachate collection is not required

during normal operations, the Board believes that the leachate

management system must operate on a routine basis

 if there

 is any

indication of groundwater contamination or threat to the liner.

 The SFG agreed that following closure, the leachate heads

 in the

monofill must be monitored to determine whether an equilibrium

level has been achieved.

 (Exh.

 3 at 5.)

 Further,

 if leachate

levels rise to a point where integrity of the liner is

jeopardized, the leachate collection system must be operated to

reduce leachate head.

Regarding the issue of groundwater contamination, the SFG

submitted that the regulations should require that the leachate

collection system be operated at maximum efficiency if there are

any potential groundwater problems.

 The Board agrees.

28

The Board notes that the leachate monitoring requirements at

Section 817.409(f)

 require annual monitoring of all constituents

for which MALCs are specified at Section 817.106.

 The Board

notes that this requirement is

 in addition to the monitoring

requirements specified in the regulations for chemical waste

landfills as specified at 35

 Ill. Adm. Code 811.309(g).

Section 817.409(h)

 sets forth the steps to be taken by an

operator if the leachate testing confirms an exceedence of LRW

MALCs.

 The. operator is required to notify the Agency within 10

days following the finding.

 Further, the operator must determine

the cause of the exceedence, and whether the exceedence is

attributable to the facility.

 Upon determination that the

 facility’s leachate exceeds the MALCs for LRW, the facility will

be immediately subject to the chemical waste landfill

requirements under 35 Ill.

 Adm. Code 814.302.

 If the facility

leachate exceeds the MALCs for LRW, then the facility is required

to cease accepting waste and close in accordance with Part 811.

Section 817.410

 Final Cover

The requirements of this section mirror the final cover

standards specified in the Board’s putrescible and chemical waste

landfill regulations at 35

 Ill. Adm. Code 811.314, except for the

changes relating to the thickness of the low permeability layer

and the final protective layer.

 Section 817.407

 (b) (3) (A) (i)

requires the compacted earth liner to be at least

 2 feet thick

instead of the

 3 feet required under Part 811 standards.

The

minimum thickness of the final protective layer at Section

817.409(c) (2) has been reduced from

 3 feet to 1.5 feet.

The Board requested that the SFG discuss the rationale for

the final cover requirements.

 (Tr4.

 at 102-104.)

 In response

the SFG referred to expert testimony presented at the May 29,

1991 hearing.

 In that testimony the SFG stated that a low

permeability layer of at least

 2 feet thickness would be suitable

for achieving an effective hydraulic conductivity of

 1 x 10~

cm/sec.

 (Exh.

 3 at 3.)

 Further, the SFG stated that the

physical characteristics of the steel and foundry industry wastes

 make them for base construction of a low permeability layer.

(Exh.

 3 at 4.)

Regarding the final protective

 layer, the SFG stated that

the recommended thickness is based on the results of a study that

found that the maximum root penetration depth of cover materials

at landfill was

 18 inches.

 (Exh.

 3 at 4.)

 Therefore, the SFG

contended that the adopted thickness is adequate to support

vegetation and minimize potential for root penetration.

The

Board

accepts

these

positions.

29

Section

817.411

Hydrogeologic

Site

Investigation

The

requirements

this

section

 are essentially the same as

those

specified

 the putrescible and chemical waste lándfill

regulations at 35

 Ill. Adm. Code 811.315.

Section 817.412

 Plugging and Sealing of Drill Holes

The requirements of this section are essentially the same as

those specified in the putrescible and chemical waste landfill

regulations at 35 Ill.

 Adm.

 Code 811.316.

Section 817.413

 Groundwater Impact Assessment

Groundwater impact assessment standards require

determination of impacts of seepage of leachate from the unit.

The requirements relating to the design assumptions and

 determination of

 leachate characteristics are the same as those

specified

 for chemical and putrescible waste landfills under

35

Ill.

Adm.

Code

811.317.

However,

the

regulations

not

require

the

use

groundwater

contaminant

transport

(GCT)

model

estimate

the

concentrations

the

leachate

 constituents over

time

and

space.

Instead,

operator

required

estimate

the

capability

the

geology

and

 hydrogeology beneath the unit to

meet

the

groundwater

quality

standards.

The

groundwater

 impact procedure first requires the

determination

the

aquifer

hydraulic

 conductivity

and

gradient.

the

hydraulic

conductivity

l0~~

cm/sec

less,

further

study

the

 groundwater impact is required.

If

the

hydraulic

conductivity

higher

than

i0~ cm/see,

then

the

operator

must

determine

the

MALC

value

required

achieve

compliance with the applicable groundwater quality standards.

In

order to do so,

 the operator must develop a conceptual

groundwater flow model using the information collected during

hydrogeologic site investigation,

 determine organic carbon

content for soil units through which the leachate migrates, and

determine the retardation factor for constituents of interest

based on traditional hydrogeologic methods.

The Board notes that the SFG performed a generic groundwater

impact assessment utilizing an analytical model simulating

contaminant flow from the unit to the compliance boundary.

 (Exh.

54.)

 The results of the modeling indicates that compliance can

be achieved under the assumed hydraulic conditions, which include

an aquifer hydraulic conductivity of

 1 X 10~cm/sec.

Section 817.414

 Design, Construction and Operation of

Groundwater Monitoring Systems

30

The

requirements

this

section

are

essentially

the

same

those specified at

Ill.

Adm.

Code

811.318,

except

for

differences related to location of monitoring points and

establishment of maximum allowable predicted concentrations

(MAPC).

At Section 817.414(c) today’s regulations set forth a new

procedure for establishing MAPCs, which serve as triggers for

early response to potential groundwater contamination.

 For those

constituents with a MALC,

 Section 817.414(c)

 specifies the MAPC

as: background plus 10 percent of the MALC for primary

constituents; and background plus 50 percent of the MALC for

secondary constituents.

 For those constituents listed in Section

817.Appendix A,

 the MAPC is the practical quantitation limit

(PQL),

or,

 if the background concentration exceeds the PQL, the

MAPC

is the constituent’s background concentration.

The Board notes that this procedure is different from that

specified in the putrescible and chemical waste landfill

regulations at 35 Ill. Adm. Code 811.318(c),

 which requires MAPCs

to be established by modeling the constituent’s concentration

over time and space using a GCT model.

 The SFG noted that this

provision is similar to the “preventive action limit”

 (PAL) used

in Wisconsin for groundwater protection.

 (Exh.

 4 at 8.)

Further, the SFG contented that the procedure of establishing

MAPCs under the putrescible and chemical waste landfill

 regulations

 is not warranted for steel and foundry industry

landfills.

 The Board accepts this procedure.

Section 817.415

 Groundwater Monitoring Program

The groundwater monitoring requirements mirror those

specified in the putrescible and chemical waste landfill

regulations at 35

 Ill. Adm. Code 811.319,

 except for certain

differences related to the monitoring period, organic chemicals

monitoring,

 and assessment of potential groundwater impact.

The regulations at Section 817.415(a) (1) (A) specify that

groundwater monitoring must be continued for a period of

15

years.

 The Board notes that the SFG’s initial proposal specified

the 15—year period as

 a minimum,

as

 is required under the

putrescible and chemical waste landfill regulations under 35

 Ill.

Adm. Code 811.319.

 The SFG contended that 15 years of

postclosure monitoring would provide adequate protection.

 (Exh.

53 at 6.)

 The SFG asserts that due to the nature of the wastes,

the impact on the leachate and groundwater would wane within the

first several years after closure.

The Board believes that termination of groundwater

monitoring must be based on the results of actual groundwater

monitoring at a particular site,

 as specified at Section

817.415(a)(1)(C).

 Monitoring may be discontinued if the

31

monitoring data at the site indicates that the impact of leachate

on groundwater is not significant.

 On the other hand,

 if the

unit continues to impact groundwater, monitoring should continue

until

such

impacts

 subside.

 Accordingly, Section

817.415(a)

(1)

(A)

requires

groundwater

monitored

for

minimum

monitoring

period

years

after

closure,

or,

the

case

 landfills other than those used exclusively for disposing

waste

generated

the

site,

minimum

period

years

after

closure.

For

landfills

other

than

those

used

exclusively

for

disposing of wastes generated at the site, monitoring may be

discontinued after a minimum period of 15 years after closure,

pursuant to Section 817.4l5(a)(l)(C).

 The SFG had initially

proposed that this period be 10 years.

 However, the Board

changed the period to 15 years at second notice to make this

provision consistent with statutory requirements at Section 22.17

of the Act, which require groundwater to be monitored for a

minimum period of 15 years at sanitary landfills’9.

The organic chemical monitoring requirements at Section

817.415(a) (3)

 specify a list of organic constituents that must be

monitored on a biennial basis.

 The Board notes that the list

adopted today at Section 817.Appendix A contains

 64 organic

chemical constituents.

 According to the SFG, the list represents

all organic chemicals known to have been used in foundry sand

binders.

 (Ex. 53 at 6.)

 The Board accepts the list without any

changes or additions in lieu of the organic chemical list

specified in the putrescible and chemical waste landfill

regulations.

The regulations at Section 817.415(c)

 require an operator to

assess potential groundwater impact by utilizing a groundwater

contaminant transport

 (GCT)

 model meeting the standards of 35

Ill. Adm. Code 811.317.

 The Board notes that the parallel step

in the putrescible and chemical waste landfill regulations under

Part 811 requires an operator to re—calibrate the GCT model used

for the initial groundwater impact assessment.

 However, the

Board notes that today’s requirement

 is consistent with the

groundwater impact assessment requirements at Section 817.413,

which do not require a full assessment utilizing a GCT model.

Section 817.416

 Groundwater Quality Standards

The groundwater quality standards today adopted at Section

817.416 are similar to those specified for chemical and

‘~

The definition of “sanitary landfill” covers permitted

chemical waste landfills,

 including steel and foundry waste

landfills.

32

putrescible waste landfills as found at 35 Ill.

 Adm. Code

811.320, with one significant exception.

 The exception is that,

in the case where the Board has established groundwater

standards20,

 it is these established groundwater standards that

must be met at or beyond the landfill’s zone of attenuation;

in

the 811.320 provisions,

 it is the background concentration that

must be met at or beyond the zone of attenuation.

The matter of which groundwater standards should apply

around new LRW landfills was one of the principal issues to be

faced by the Board

 in this proceeding, as well as one of the

principal issues addressed in the record21.

 In the final

analysis, the Board is persuaded,

 in light of the composition and

nature of leachates that can derive from LRW, that the

groundwater standards provide the protection necessary to assure

maintenance of groundwater quality around LRW landfills.

In addition to specifying which groundwater standards apply

around LRW landfills, Section 817.416 also sets out provisions

for applying for adjusted groundwater standards, determination of

the zone of attenuation, establishing background concentrations,

and undertaking statistical analysis of groundwater data.

In

each of these provisions, Section 817.416 follows Section

 811. 320.

Section 817.417

 Waste Placement

The requirements of in this section are the same as those

specified at 35 Ill.

 Adm. Code 811.321, except for certain

changes relating to phasing of operations and initial waste

placement.

Section 817.418

 Final Slope and Stabilization

The standards of this section are essentially the same as

found at 35 Ill.

 Adm. Code 811.322, except that Section

817.418(d)

 does not require structures constructed over the

closed units to be designed to vent gases from the interior.

The

Board finds that gas management structures are not required for

steel and foundry waste landfills because such wastes are

nonputrescible.

Section 817.419

 Load Checking

20

By definition at 817.416(a) (3) (B) the Board’s established

groundwater standards are those found at 35 Ill. Adm. Code 620.

21

 The interested person is directed to the Board’s

supplemental opinion of March 31,

 1994 for a discussion of the

various positions expressed on this issue.

33

This section

 is essentially the same as 35 Ill.

 Adm. Code

811.323 except that the term “program” has been removed from the

section heading.

Section 817.501

Construction

Ouality

Assurance

Section 817.501 requires that all structures necessary to

 comply with the requirements of Part 817 be constructed according

to a construction quality program that meets the standards of 35

Ill. Adm. Code 811.Subpart E.

ORDER

The Board hereby directs that the text of the following

regulations and amendments be submitted to the Secretary of State

for final notice pursuant to Section 6 of the Administrative

Procedure Act.

TITLE 35:

 ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

1:

 SOLID WASTE AND

SPECIAL

WASTE

HAULING

PART 807

SOLID WASTE

SUBPART A:

 GENERAL PROVISIONS

Section

807.101

807.102

807.103

807.104

807. 105

Section

807.201

807.202

807.203

807. 204

807.205

807.206

807.207

807.208

807.209

807.210

807.211

807.212

807.213

Authority,

Policy

and

Purposes

Repeals

Severability

Definitions

Relation

Other

Rules

SUBPART

SOLID

WASTE

PERMITS

Development Permits

Operating Permits

Experimental Permits

 Former Authorization

Applications for Permit

Permit Conditions

Standards for Issuance

Permit

Defense

Permit

Revision

Supplemental

Permits

Transfer

Permits

Permit

Revocation

Design,

Operation

and

Maintenance

Criteria

807.214

 Revised Cost Estimates

SUBPART C:

 SANITARY LANDFILLS

Section

807.301

807. 302

807.303

807.304

807.305

807.306

807.307

807. 308

807.309

807.310

807.311

807.312

807.313

807.314

807.315

807.316

807.317

807.318

Prohibition

Compliance with Permit

Methods of Operation

Equipment,

Personnel

and

Supervision

Cover

Litter

Salvaging

Scavenging

Animal Feeding

Special Wastes

Open Burning

Air Pollution

Water Pollution

Standard Requirements

Protection of Waters of the State

Application

Operating Records

Completion or Closure Requirements

SUBPART E:

 CLOSURE AND POST-CLOSURE CARE

Purpose,

 Scope and Applicability

Closure Performance Standard

Closure Plan

Amendment of Closure Plan

Notice of Closure and Final Amendment to Plan

Initiation of Closure

Partial Closure

Certification of Closure

Use of Waste Following Closure

Postclosure Care Plan

Implementation and Completion of Postclosure Care Plan

SUBPART F:

 FINANCIAL ASSURANCE FOR CLOSURE AND POSTCLOSURE CARE

807.600

807.601

807.602

807.603

807.604

807.605

807.606

807.620

807. 621

807.622

Purpose, Scope and Applicability

Requirement

 Obtain Financial Assurance

Time

for

 Submission of Financial Assurance

Upgrading Financial Assurance

Release of Financial Institution

Application

 of Proceeds and Appeal

Release

the

 Operator

Current

Cost

Estimate

Cost

Estimate

for

 Closure

Cost

Estimate

for

 Postclosure Care

Section

807.501

807.502

807.503

807.504

807.505

807.506

807.507

807.508

807.509

807.523

807.524

Section

807.623

807.624

807.640

807.641

807.642

807.643

807.644

807.661

807.662

807.663

807.664

807.665

807.666

Biennial

Revision

Cost

Estimate

Interim Formula for Cost Estimate

Mechanisms for Financial Assurance

Use of Multiple Financial Mechanisms

Use of Financial Mechanism for Multiple Sites

Trust Fund for Unrelated Sites

RCRA Financial Assurance

Trust

Fund

Surety

Bond

Guaranteeing

 Payment

Surety Bond Guaranteeing Performance

Letter of Credit

Closure Insurance

Self-insurance for Non—commercial Sites

Appendix A

 Financial Assurance Forms

Illustration

Trust

Agreement

Illustration

Certificate

Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Illustration E Irrevocable Standby Letter of Credit

Illustration F Certificate of Insurance for Closure and/or

Postclosure Care

Illustration G Operator’s Bond Without Surety

Illustration H Operator’s Bond With Parent Surety

Illustration

 I Letter from Chief Financial Officer

Appendix B Old Rule Numbers Referenced

AUTHORITY:

 Implementing Sections

5,

 21.1 and 22 and authorized

by Section 27 of the Environmental Protection Act

 (Ill. Rev.

Stat.

 1991,

ch.

 111½,

 pars.

 1005,

 1021.1,

 1022 and 1027

 (415 ILCS

5/5,

 21.1,

22,

 and 27)).

SOURCE:

 Adopted as an emergency rule and filed with the

Secretary of State July 27,

 1973; amended at

2

 Ill. Reg.

16,

p.

3,

 effective April

10,

 1978; codified at 7

 Ill.

 Reg.

 13636;

recodified from Subchapter h to Subchapter

 i at

8

 Ill. Reg.

13198; emergency amendment in R84-22A at

9

 Ill. Reg.

 741,

effective

January

1985

for

maximum

150

days;

amended

R84—22B at

Ill.

Reg.

6722,

effective

April

29,

1985;

amended

R84—22C at

9

 Ill. Reg.

 18942, effective November 25,

 1985;

amended in R84-45 at 12

 Ill. Reg.

 15566, effective September 14,

1988; amended in R88-7

 at 14 Ill.

 Reg.

 15832, effective September

18,

 1990;

 emergency amendment in R93—25 at

 17 Ill.

 Req.

 17268,

effective September

24,

 1993 for a maximum of 150 days; amended

in R90—26 at 18

 Ill.

 Req.

 effective

NOTE:

 Capitalization denotes statutory language.

SUBPART A:

 GENERAL PROVISIONS

Section

807.105

Relation

Other

Rules

36

a)

 Persons and facilities regulated pursuant to 35 Ill.

Adm. Code 700 through 749 are not subject to the

requirements of this Part or of 35

 Ill. Adm. Code 811

through 815 and 817.

 However,

 if such a facility also

contains one or more units used solely for the disposal

of solid wastes, as defined in 35 Ill.

 Adm. Code

810.103, such units are subject to requirements of this

Part and 35

 Ill.

 Adm. Code 811 through 815 and 817.

b)

 Persons and facilities subject to 35 Ill. Adm. Code

807,

 809 or 811 through 815 or 817 may be subject to

other applicable Parts of

 35 Ill.

 Adm. Code:

 Chapter I

based on the language of those other Parts.

 Specific

examples of such applicability are provided as

explained at 35

 Ill. Adm. Code 700.102.

c)

 The requirements of 35

 Ill. Adm. Code 810 through 815

and 817 are intended to supersede the requirements of

this Part.

 Persons and facilities regulated pursuant

to 35

 Ill. Adm. Code 810 through 815 and 817 are not

subject to the requirements of this Part.

 This Part

does not apply to new units as defined in

35

 Ill. Adm.

Code 810.103.

(Source:

 Amended at 18

 Ill. Reg.

________,

 effective

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 810

SOLID WASTE DISPOSAL:

 GENERAL PROVISIONS

Section

810.101

 Scope and Applicability

810.102

 Severability

810.103

 Definitions

810.104

 Incorporations by Reference

AUTHORITY:

 Implementing Sections

5,

 21, 21.1,

 22 and 22.17,

and

authorized by Section 27 of the Environmental Protection Act

(Ill. Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1005,

 1021,

 1021.1,

 1022,

1022.17 and 1027)

 (415 ILCS 5/5, 21,

 21.1,

22,

 22.17,

 28.1 and

27).

SOURCE:

 Adopted in R88-7

 at 14

 Ill. Reg.

 15838, effective

September 18,

 1990; amended in R93—10 at 18

 Ill.

 Req.

 1268,

effective January 13,

 1994; amended in R90—26 at

18

 Ill.

R~g~

effective

NOTE:

 Capitalization indicates statutory language.

Section 810.101

 Scope and Applicability

This Part applies to all solid waste disposal facilities

regulated pursuant to 35 Ill. Adm. Code 811 through 815 and 817.

This Part does not apply to hazardous waste management facilities

regulated pursuant to 35 Ill. Adm. Code 700 through 750.

(Source:

 Amended at

 18 Ill. Reg.

 effective

Section 810.103

 Definitions

Except as stated in this Section,

 or unless

 a different meaning

of a word or term is clear from the context, the definition of

words or terms

 in this Part shall be the same as that applied to

the same words or terms

 in the Environmental Protection Act

 (Act)

(Ill. Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1001 et.

 seq.)

415

 ILCS

5/1 ct

 seq.-)-:

“Act” means the Environmental Protection Act,

 Ill. Rev.

Stat.

 1991,

ch.

 111½,

 pars.

 1001 et.

 seq 415

 ILCS

 5,’4

e-t

seq.-)-.

“Admixtures” are chemicals added to earth materials to

improve for a specific application the physical or

 chemical properties of the earth materials.

 Admixtures

include,

 but are not limited to:

 lime,

 cement,

bentonite and sodium silicate.

“AGENCY” IS THE ENVIRONMENTAL PROTECTION AGENCY

ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.

(Section 3.08 of the Act--)

“Applicant” means the person, submitting an application

to the Agency for a permit for a solid waste disposal

facility.

“AQUIFER” MEANS SATURATED (WITH GROUNDWATER) SOILS

AND

GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO

READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER

TO WELLS,

 SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC

GRADIENTS and whose boundaries can be identified and

mapped from hydrogeologic data.

 (Section

 3 of the

Illinois Groundwater Protection Act

 (Ill. Rev.

 Stat.

1991,

ch.

 111½, par.

 7453)

415

 ILCS

 55/3-)--)

“Bedrock” means the solid rock formation immediately

underlying any loose superficial material such as soil,

alluvium or glacial drift.

38

“Beneficially

 usable waste” means any solid waste from

the steel and foundry industries that will not

decompose biologically, burn,

 serve as food for

vectors,

 form a gas, cause an odor, or form aleachate

that contains constituents that exceed the limits fox

 this type of waste as specified at 35

 Ill. Adm. Code

817.106.

“BOARD” IS THE POLLUTION CONTROL

BOARD

ESTABLISHED BY

THE

ACT.

 (Section 3.04 of the Act--)

“Borrow area” means an area from which earthen material

is excavated for the purpose of constructing daily

cover,

 final cover,

 a liner,

 a gas venting system,

roadways or berms.

“Chemical waste” means a non-putrescible solid whose

characteristics are such that any contaminated leachate

is expected to be formed through chemical or physical

processes,

 rather than biological processes, and no gas

is expected to be formed as a result.

“Contaminated leachate” means any leachate whose

constituent violate the standards of 35 Ill.

 Adm. Code

811.202.

“Design Period” means that length of time determined by

the sum of the operating life of the solid waste

landfill facility plus the postclosure care period

necessary to stabilize the waste

 in the units.

“DISPOSAL” MEANS THE DISCHARGE,

 DEPOSIT,

 INJECTION,

DUMPING, SPILLING, LEAKING OR PLACING OF ANY SOLID

WASTE INTO OR ON ANY

LAND

OR WATER OR INTO ANY WELL

SUCH THAT SOLID WASTE OR ANY CONSTITUENT OF THE SOLID

WASTE MAY ENTER THE ENVIRONMENT BY BEING EMITTED INTO

THE AIR OR DISCHARGED INTO ANY WATERS, INCLUDING

GROUNDWATER.

 (Section 3.08 of the Act--)

 If the solid

waste is accumulated and not confined or contained to

prevent its entry into the environment,

 or there is no

certain plan for its disposal elsewhere,

 such

accumulation shall constitute disposal.

“Disturbed areas” means those areas within a facility

that have been physically altered during waste disposal

operations or during the construction of any part of

the facility.

“Documentation” means items,

 in any tangible form,

whether directly legible or legible with the aid of any

machine or device, including but not limited to

affidavits,

 certificates, deeds,

 leases, contracts or

39

other binding agreements,

 licenses, permits,

photographs, audio or video recordings, maps,

geographic surveys, chemical and mathematical formulas

or equations, mathematical and statistical calculations

and assumptions, research papers, technical reports,

technical designs and design drawings, stocks,

 bonds

and financial records, that are used to support facts

or hypotheses.

“Earth liners” means structures constructed from

naturally occurring soil material that has been

compacted to achieve a low permeability.

“Existing facility” or “Existing unit” means a facility

or unit which is not defined in this Section as a new

facility or a new unit.

“EXISTING MSWLF UNIT”

MEANS

ANY MUNICIPAL SOLID WASTE

LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE BEFORE

OCTOBER 9,

 1993.

 (Section 3.87

 of the Act~-)

“Facility” means a site and all equipment and fixtures

on a site used to treat,

 store or dispose of solid or

special wastes.

 A facility consists of an entire solid

or special waste treatment, storage or disposal

operation.

 All structures used in connection with or

to facilitate the waste disposal operation shall be

considered a part of the facility.

 A facility may

include,

 but is not limited to,

 one or more solid waste

disposal units, buildings, treatment systems,

processing and storage operations, and monitoring sta-

tions.

“Field capacity” means that maximum moisture content of

a waste, under field conditions of temperature and

pressure,

 above which moisture is released by gravity

drainage.

“Foundry sand” means pure sand or a mixture of sand and

any additives necessary for use of the sand in the

foundry process, but does not include such foundry

process by—products as air pollution control dust or

refractories.

“Gas collection system” means a system of wells,

trenches, pipes and other related ancillary structures

such as manholes,

 compressor housing, and monitoring

installations that collects and transports the gas

produced in a putrescible waste disposal unit to one or

more gas processing points.

 The flow of gas through

such a system may be produced by naturally occurring

gas pressure gradients or may be aided by an induced

draft

generated

mechanical

means.

“Gas condensate” means the liquid formed as a landfill

gas is cooled or compressed.

“Gas venting system” means a system of wells,

 trenches,

pipes and other related structures that vents the gas

produced in a putrescible waste disposal unit to the

atmosphere.

“Geomembranes” means manufactured membrane liners and

barriers of low permeability used to control the migra-

tion of fluids or gases.

“Geotextiles” are permeable manufactured materials used

for purposes which include, but are not limited to,

strengthening soil, providing a filter to prevent

clogging of drains, collecting and draining liquids and

gases beneath the ground surface.

“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS

WITHIN THE SATURATED ZONE AND WITHIN GEOLOGIC MATERIALS

WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO

OR GREATER THAN ATMOSPHERIC PRESSURE.

 (Section

 3 of

the Illinois Groundwater Protection Act)

“HOUSEHOLD WASTE” MEANS

ANY

SOLID WASTE (INCLUDING

GARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS)

DERIVED FROM HOUSEHOLDS (INCLUDING SINGLE

AND

MULTIPLE

 RESIDENCES, HOTELS AND MOTELS,

 BUNKHOUSES, RANGER

STATIONS, CREW QUARTERS, CAMPGROUNDS, PICNIC GROUNDS,

AND

DAY-USE RECREATION AREAS).

 (Section 3.89 of the

Act--)

“Hydraulic barriers” means structures designed to

prevent or control the seepage of water.

 Hydraulic

barriers include,

 but are not limited to cutoff walls,

slurry walls,

 grout curtains and liners.

“Inert waste” means any solid waste that will not

decompose biologically,

 burn,

 serve as food for

vectors,

 form a gas, cause an odor,

 or form a

contaminated leachate,

 as determined

 in accordance with

Section 811.202(b).

 Such inert wastes shall include

only non-biodegradable and non—putrescible solid

wastes.

 Inert wastes may include, but are not limited

to,

 bricks, masonry and concrete (cured for

 60 days or

more).

“Iron slag” means slag.

41

“Land application unit” means an area where wastes are

agronomically spread over or disked into land or

otherwise applied so as to become incorporated into the

soil

surface.

For

the

purposes

this

Part

and

Ill.

Adm.

Code

811

through

815,

land

application

unit

is not a landfill; however, other Parts of 35 Ill. Adm.

Code:

 Chapter

 I may apply,

 and may include the

permitting requirements of

 35 Ill. Adm. Code 309.

“Landfill”

means

unit

part

facility

which waste

 is placed and accumulated over time for

disposal, and which is not a land application unit,

a

surface impoundment or an underground injection well.

For the purposes of this Part and 35 Ill. Adm. Code 811

through 815,

 landfills include waste piles,

 as defined

in this Section.

“LATERAL EXPANSION” MEANS A HORIZONTAL EXPANSION OF THE

ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT

OCCURRING ON OR AFTER OCTOBER 9,

 1993.

 FOR PURPOSES OF

THIS SECTION, A HORIZONTAL EXPANSION

IS

ANY

AREA WHERE

SOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON

THE BOTTOM LINER OF THE UNIT,

 EXCLUDING SIDE SLOPES ON

OR AFTER OCTOBER 9,

 1993.

 (Section 3.88 Of the Act--)

“Leachate” means liquid that has been or is in direct

contact with a solid waste.

“Lift” means an accumulation of waste which

is

compacted into a unit and over which cover

 is placed.

“Low risk waste” means any solid waste from the steel

 and foundry industries that will not decompose

biologically,

 burn,

 serve as food for vectors, form a

gas,

 cause an odor, or form

 a leachate that contains

constituents that exceed the limits for this type of

waste as specified at

35

 Ill. Adm. Code 817.106.

“Malodor” means an odor caused by ONE OR MORE

CONTAMINANT EMISSIONS INTO THE ATMOSPHERE FROM A

FACILITY THAT IS IN SUFFICIENT QUANTITIES AND OF SUCH

CHARACTERISTICS AND DURATION AS TO BE described as

malodorous and which may be INJURIOUS TO HUMAN,

 PLANT,

OR ANIMAL LIFE, TO HEALTH, OR TO PROPERTY, OR TO

UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR

PROPERTY.

 (Section 3.02 of the Act (defining “air

pollution”)-~-)

“MUNICIPAL SOLID WASTE LANDFILL UNIT” OR “NSWLF UNIT”

MEANS A CONTIGUOUS AREA OF LAND OR AN EXCAVATION THAT

RECEIVES HOUSEHOLD WASTE,

AND

THAT IS NOT A LAND

APPLICATION, SURFACE IMPOUNDMENT, INJECTION WELL, OR

ANY

PILE OF NONCONTAINERIZED ACCUMULATIONS OF SOLID,

NONFLOWING WASTE THAT IS USED FOR TREATMENT OR STORAGE.

A MSWLF UNIT

MAY

ALSO RECEIVE OTHER TYPES OF RCRA

SUBTITLE D WASTES,

 SUCH AS COMMERCIAL SOLID WASTE,

NONHAZARDOUS SLUDGE,

SMALL

QUANTITY GENERATOR WASTE

AND

INDUSTRIAL SOLID WASTE.

 SUCH A LANDFILL

MAY

BE

PUBLICLY OR PRIVATELY OWNED OR OPERATED.

 A MSWLF UNIT

MAY

BE A NEW MSWLF UNIT, AN EXISTING MSWLF UNIT OR A

LATERAL EXPANSION.

 A SANITARY LANDFILL IS SUBJECT TO

REGULATION AS A MSWLF IF IT RECEIVES HOUSEHOLD WASTE.

(Section 3.85 of the Act,-)

“National Pollutant Discharge Elimination System” or

“NPDES” means the program for issuing, modifying,

revoking and reissuing,

 terminating, monitoring and

enforcing permits and imposing and enforcing

pretreatment requirements under the Clean Water Act

(33

U.S.C.

 1251 et seq.), Section 12(f)

 of the

Environmental Protection Act and 35

 Ill. Adm. Code

309.Subpart A and 310.

 “NPDES permit” means a permit

issued under the NPDES program.

“New facility” or “New unit” means

 a solid waste

landfill facility or a unit at a facility,

 if one or

more of the following conditions apply:

It

 is a landfill or unit exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has not yet accepted any waste as of #~e

effective date of this PartSeptember

 18, 1990

It is a landfill or unit not exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has no development or operating permit issued

by the Agency pursuant to 35

 Ill. Adm. Code 807 as

of the effective date of this PartSeptember 18,

 1990 or

It

 is a landfill with

 a unit whose maximum design

capacity or lateral extent

 is increased after

 ~4~e

effective date of this PartSeptember 18,

 1990.

BOARD NOTE:

 A new unit located in an existing

facility shall be considered a unit subject to 35

Ill. Adm. Code 814, which references applicable

requirements of 35

 Ill. Adm. Code 811.

“NEW MSWLF UNIT” MEANS ANY MUNICIPAL SOLID WASTE

LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE ON OR

AFTER OCTOBER

9,

 1993 FOR THE FIRST TIME.

 (Section

3.86 of the

 Act,-)

43

“One hundred

 (100)

 year flood plain” means any land

area which is subject to a one percent or greater

chance of flooding in a given year from any source.

“One hundred

 (100)

 year,

 24 hour precipitation event”

means

 a precipitation event of 24 hour duration with a

probable recurrence interval of once in 100 years.

“Operator” means the person responsible for the

operation and maintenance of

 a solid waste disposal

facility.

“Owner” means

 a person who has an interest, directly or

indirectly,

 in land,

 including

 a leasehold interest, on

which

 a person operates and maintains

 a solid waste

disposal facility.

 The “owner”

 is the “operator”

if

there

 is no other person who is operating and

maintaining a solid waste disposal facility.

“Perched watertable” means an elevated watertable above

a discontinuous saturated lens,

 resting on a low

permeability (such as clay)

 layer within a high

permeability (such as sand)

 formation.

“Permit area” means the entire horizontal and vertical

region occupied by a permitted solid waste disposal

facility.

“PERSON”

 IS ANY INDIVIDUAL,

 PARTNERSHIP, CO-

PARTNERSHIP,

 FIRM, COMPANY,

 CORPORATION, ASSOCIATION,

JOINT STOCK COMPANY,

 TRUST,

 ESTATE, POLITICAL

SUBDIVISION, STATE AGENCY, OR ANY OTHER LEGAL ENTITY,

OR THEIR LEGAL REPRESENTATIVE,

 AGENT OR ASSIGNS.

(Section 3.26 of the

 Act,-)

“Potentially usable waste” means any solid waste from

the steel and foundry industries that will not

decompose biologically,

 burn,

 serve as food for

vectors, form

a

 gas, cause an odor, or form a leachate

that contains constituents that exceed the limits for

this

type

of waste as specified at 35 Ill.

 Adm. Code

817.106.

“Professional engineer” means a person who has

registered and obtained a seal pursuant to “~he

Illinois Professional Engineering Practice Act of 1989”

(Ill.

 Rev.

 Stat.

 1991,

ch.

 111,

 par. 5~01 et seq.)

225

 ILCS 325/1 et scq.~.-)-

“Professional land surveyor” means a person who has

received a certificate of registration and a seal

pursuant to “~theIllinois Professional Land Surveyors

Act of 1989”

 (Ill. Rev. Stat.

 1991,

ch.

 111, par. 32G~1

et seq.)

 (225 ILCS 330/1

 et seq..-)-

“Putrescible waste” means a solid waste that contains

organic matter capable of being decomposed by

microorganisms so as to cause a malodor, gases,

or

other offensive conditions,

 or which

 is capable of

providing food for birds and vectors.

 Putrescible

wastes may form a contaminated leachate from

microbiological degradation, chemical processes,

and

physical processes.

 Putrescible waste includes,

 but is

not limited to,

 garbage, offal,

 dead animals,

 general

household waste,

 and commercial waste.

 All solid

wastes which do not meet the definitions of inert or

chemical wastes shall be considered putrescible wastes.

“Publicly owned treatment works” or “POTW” means a

treatment works that

 is owned by the State of Illinois

or a unit of local government.

 This definition

includes any devices and systems used in the storage,

 treatment, recycling and reclamation of municipal

sewage or industrial wastewater.

 It also includes

sewers, pipes and other conveyances only if they convey

wastewater to a POTW treatment plant.

 The term also

means the unit of local government which has

jurisdiction over the indirect discharges to and the

discharges from such a treatment works.

“Recharge zone” means an area through which water can

enter an aquifer.

“RESOURCE CONSERVATION RECOVERY ACT” “RCRA” MEANS THE

RESOURCE CONSERVATION AND RECOVERY ACT OF 1976

 (P.L.

94—580 Codified as 42 USC.

 §S 6901 et seq.) AS AMENDED.

(Section 3.90 of the Act~)

“Responsible charge,” when used to refer to a person,

means that the person is normally present at a waste

disposal site; directs the day—to-day overall operation

at the site; and either is the owner or operator or

is

employed by or under contract with the owner or

operator to assure that the day—to-day operations at

the site are carried out

 in compliance with any Part of

35 Ill. Adm. Code:

 Chapter

 I governing operations at

waste disposal sites.

“Runoff” means water resulting from precipitation that

flows overland before it enters a defined stream chan-

nel,

 any portion of such overland flow that infiltrates

into the ground before

 it reaches the stream channel,

and any precipitation that falls directly into a stream

channel.

45

“Salvaging” means the return of waste materials to use,

under the supervision of the landfill operator,

 so long

as the activity is confined to an area remote from the

operating face of the landfill,

 it does not interfere

with or otherwise delay the operations of the landfill,

and it results in the removal of all materials for

salvaging from the landfill site daily or separates

them by type and stores them in a manner that does not

create a nuisance, harbor vectors or cause an unsightly

appearance.

“Scavenging” means the removal of materials from a

solid waste management facility or unit which is not

salvaging.

“Seismic Slope Safety Factor” means the ratio between

the resisting forces or moments in a slope and the

driving forces or moments that may cause a massive

slope failure during an earthquake or other seismic

event such as an explosion.

“Settlement” means subsidence caused by waste loading,

changes in groundwater level,

 chemical changes within

the soil and adjacent operations involving excavation.

“Shredding” means the mechanical reduction in particle

sizes of solid waste.

 Putrescible waste is considered

shredded if 90 percent of the waste by dry weight

passes a

 3 inch sieve.

“Significant Modification” means a modification to an

approved permit issued by the Agency in accordance with

Section 39 of the Act and 35

 Ill.

 Adm. Code 813 that is

required when one or more of the following changes,

considered significant when that change measured by one

or more parameters whose values lie outside the

expected operating range of values as specified in the

permit,

 are planned,

 occur or will occur:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

Any change in the placement of daily,

 intermediate

or final cover;

A decrease in performance, efficiency or longevity

of the liner system;

A decrease

 in efficiency or performance of the

leachate collection system;

46

A change in configuration, performance, or

efficiency of the leachate management system;

A change in the final disposition of treated

effluent or

 in the quality of the discharge from

the leachate treatment or pretreatment system;

Installation of a gas management system, or a

decrease in the efficiency or performance of an

existing gas management system;

A change in the performance or operation of the

surface water control system;

A decrease in the quality or quantity of data from

any environmental monitoring system;

A change in the applicable background concentra-

tions or the maximum allowable predicted

concentrations;

A change in the design or configuration of the

regraded area after development or after final

 closure;

A change in the amount or type of postclosure

financial assurance;

Any change in the permit boundary;

A change in the postclosure land use of the

property;

A remedial action necessary to protect

groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place

into service

 a structure constructed pursuant to a

construction quality assurance program; or

A change in any requirement set forth as a special

condition in the permit.

“Slag” means the fused agglomerate which separates in

the iron and steel production and floats on the surface

of the molten metal.

“Sole source aquifer” means those aquifers designated

pursuant to Section 1424(e)

 of the Safe Drinking Water

Act of 19747 (42 U.S.C 300h—3).

47

“Solid Waste” means a waste that is defined

 in this

Section as an inert waste, as a putrescible waste, as a

chemical waste or as a special waste,

 and which is not

also defined as a hazardous waste pursuant to35 Ill.

Adm. Code 721.

“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,-)

“Static Safety Factor” means the ratio between

resisting forces or moments

 in a slope and the driving

forces or moments that may cause a massive slope

failure.

“Steel slag” means slag.

“Surface impoundment” means a natural topographic

depression,

 a man—made excavation,

 or a diked area into

which flowing wastes,

 such as liquid wastes or wastes

containing free liquids, are placed.

 For the purposes

of this Part and

 35 Ill.

 Adm. Code 811 through 815,

a

surface impoundment is not a landfill.

 Other Parts of

35

 Ill. Adm.

 Code:

 Chapter

 I may apply,

 including the

permitting requirements of 35

 Ill. Adm. Code 309.

“Twenty-five

 (25)

 year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formation

above or below the bottom elevation of a constructed

liner or wastes, where no liner is present, which is an

aquifer, and includes any lower aquifer that is

hydraulically connected with this aquifer within the

facility’s permit area.

“Unit” means a contiguous area used for solid waste

disposal.

“Unit of local government” means a unit of local

government,

 as defined by Article 7,

 Section

 1 of the

Illinois Constitution.

 A unit of local government may

include,

 but is not limited to,

 a municipality,

a

county,

 or a sanitary district.

“Waste pile” means an area on which non—containerized

masses of solid,

 non flowing wastes are placed for

disposal.

 For the purposes of this Part and 35

 Ill.

Adm. Code 811 through 815, a waste pile is a landfill,

unless the operator can demonstrate that the wastes are

48

not accumulated over time for disposal.

 At a minimum,

such demonstration shall include photographs, records

or other observable or discernable information,

maintained on a yearly basis,

 that show that within the

preceding year the waste has been removed for

utilization or disposed elsewhere.

“Waste stabilization” means any chemical, physical or

thermal treatment of waste, either alone or in

combination with biological processes,

 which results in

a reduction of microorganisms,

 including viruses, and

the potential for putrefaction.

“Working face” means any part of a landfill where waste

is being disposed.

“Zone of attenuation” is the three dimensional region

formed by excluding the volume occupied by the waste

placement from the smaller of the volumes resulting

from vertical planes drawn to the bottom of the

uppermost aquifer at the property boundary or 100 feet

from the edge of one or more adjacent units.

(Source:

 Amended at 18 Ill.

 Reg.

 effective

Section 810.104

 Incorporations by Reference

a)

 The Board incorporates the following material by

reference:

fl

 Code of Federal Regulations:

40 CFR 141.40

 (1988).

40 CFR 258.Appendix II

 (1992).

21

 American Institute of Certified Public

Accountants,

 1211 Avenue of the Americas. New York

NY

 10036:

Auditing Standards--Current Text,

 August

1,

1990 Edition, available through the American

Institute of Certified Public Accountants,

1211 Avenue of the Americas,

New

York,

NY

10036.

ASTM.

 American Society for Testing and Materials,

1976 Race Street, Philadelphia PA

19103

 (215)

299—5585:

49

Method D2234-76,

 Test Method for Collectic?fl

of Gross Samples of Coal.

Method D3987-85, Standard Test Method for

Shake Extraction of Solid Waste with Water.

j)

 U.S. Government Printing Office, Washington,

 D.C.

20402,

Ph:

 (202)

 783—3238:

Test Methods for Evaluating Solid Waste,

Physical/Chemical methods, EPA Publication

SW-846 (Third Edition, 1986 as amended by

Update

I

 (November,

 1990).

 SW-846 and Updat-e

 I arc available from the Cnr”r’rintcndcnt of

Documents,

 U.S. Covcrnment Printing Office,

Washington,

 D.C.

 20402,

Ph:

 (202) 783—3238.~

40

 Lr1(

258.Ar~r~rnni~

 i1~i~)2~

b)

 This incorporation includes no later amendments or

editions.

(Source:

 Amended at 18

 Ill.

 Reg.

 effective

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 811

STANDARDS FOR NEW SOLID WASTE LANDFILLS

SUBPART A:

 GENERAL STANDARDS FOR ALL LANDFILLS

Section

811.101

 Scope and Applicability

811.102

 Location Standards

811.103

 Surface Water Drainage

811.104

 Survey Controls

811. 105

 Compaction

811.106

 Daily Cover

811.107

 Operating Standards

811.108

 Salvaging

811.109

 Boundary Control

811.110

 Closure and Written Closure Plan

811.111

 Postclosure Maintenance

SUBPART

B:

 INERT WASTE LANDFILLS

Section

50

811. 201

811.202

 811.203

811. 204

811.205

811.206

811. 207

Scope and Applicability

Determination of Contaminated Leachate

Design Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load Checking

SUBPART

C:

 PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section

811.301

811.302

811.303

811. 304

811. 305

811.306

811.307

811.308

811.309

811.310

811.311

811.

312

811.313

811.314

811.

315

811.316

811.

317

811.

318

811.

319

811.320

811. 321

811.322

811.323

811.324

811.325

811.326

Scope and Applicability

Facility Location

Design Period

Foundation and Mass Stability Analysis

Foundation

Construction

Liner Systems

Leachate Drainage System

Leachate Collection System

Leachate Treatment and Disposal System

Landfill Gas Monitoring

Landfill Gas Management System

Landfill Gas Processing and Disposal System

Intermediate Cover

Final Cover System

Hydrogeological Site Investigations

Plugging and Sealing of Drill Holes

 Groundwater Impact Assessment

Design,

 Construction, and Operation of Groundwater

Monitoring Systems

Groundwater Monitoring Programs

Groundwater Quality Standards

Waste Placement

Final Slope and Stabilization

Load Checking Program

Corrective Action Measures for MSWLF Units

Selection of Remedy for MSWLF Units

Implementation of the corrective action program at

MSWLF Units

SUBPART

D:

 MANAGEMENT OF SPECIAL WASTES AT LANDFILLS

Section

811.401

811.402

811.403

811.404

811.405

811.406

Scope and Applicability

Notice

Generators

and

Transporters

Special

Waste

Manifests

Identification Record

Recordkeeping Requirements

Procedures for Excluding Regulated Hazardous Wastes

SUBPART

E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

51

Section

811.501

811.502

811.503

811.504

811.505

811.506

811.507

811.508

811.509

Section

811.700

811.701

811.702

811.703

811.704

811.705

811.706

811.707

811.708

 811.709

811.710

811.711

811.712

811.713

811.714

811.715

Scope and Applicability

Duties and Qualifications of Key Personnel

Inspection Activities

Sampling Requirements

Documentation

Foundations and Subbases

Compacted Earth Liners

Geomembranes

Leachate Collection Systems

SUBPART

G:

 FINANCIAL ASSURANCE

Scope,

Applicability

and

Definitions

Upgrading

Financial

 Assurance

Release

Financial

Institution

Application

Proceeds

and

Appeals

Closure

and

Postclosure

Care

Cost

Estimates

Revision

Cost

Estimate

Mechanisms

for

Financial

Assurance

Use

Multiple

Financial

Mechanisms

Use of a Financial Mechanism for Multiple Sites

Trust Fund for Unrelated Sites

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter of Credit

Closure Insurance

Self-Insurance for Non—commercial Sites

8l1.Appendix A Financial Assurance Forms

Illustration A Trust Agreement

Illustration B Certificate of Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Illustration

Irrevocable

 Standby Letter of Credit

Illustration F Certificate of Insurance for Closure and/or

Postclosure Care

Illustration G Operator’s Bond Without Surety

Illustration H Operator’s Bond With Parent Surety

Illustration

 I Letter from Chief Financial Officer

81l.Alpendix B Section-by-Section Correllation Between the

Requirements of the Federal MSWLF Regulations at

40 CFR 258

 (1992)

 and the Requirements of Parts

810 through 814.

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

22,

 22.17 and 28.1

and

authorized

by

Section

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

1991,

ch.

111½, pars.

1005,

1021,

1021.1,

1022,

1022.17,

1028.1

and

1027)

415

ILCS

5/5,

21,

21.1,

22,

22.17,

28.1

and

27.

52

SOURCE:

 Adopted in R88-7 at 14

 Ill. Reg.

 15861, effective

September 18,

 1990; amended in R92—19 at 17

 Ill.

 Reg.

 12413,

effective July 19,

 1993:

 amended in R93—10 at 18

 Ill.

 Req.

 1308.

effective January 13,

 1994: expedited correction at

18

 Ill. Reg.

7504.

 effective July 19.

 1993: amended in R90—26 at

18

 Ill. Reg.

effective

NOTE:

 Capitalization indicates statutory language.

SUBPART A:

 GENERAL STANDARDS FOR ALL LANDFILLS

Section 811.101

 Scope and Applicability

a)

 The standards of this Part apply to all new landfills,

except as otherwise provided in

 35 Ill.

 Adm. Code 817,

and except those regulated pursuant to 35 Ill. Adm.

Code 700 through 749.

 Subpart A contains general

standards applicable to all new landfills.

 Subpart B

contains additional standards for new landfills which

dispose of only inert wastes.

 Subpart C contains

additional standards for new landfills which dispose of

chemical and putrescible wastes.

b)

 This Part shall not apply until one year after the

effective date of this Part to new landfills solely

receiving the following wastes generated by the

following industries, provided that proposed

~egulations of general applicability to that industry

category arc filed with the Board no later than

December

1,

 1990:

 wastes acnerated by foundries and

~imary

 stcci nroauotion taoiiities ana ooai oomDusLiOfi

 wastes gcncrate~~

~

~

 -inc

requirements of 35

 Ill.

 Adm. Code 807 shall apply to

such landfills during the interim period of one year

after the effective date of this Part.

 This Part shall

~ccome e

 cr Dcc.

1

 1990 it ~

proposal has been filed by that date.

e-)

 All general provisions of 35 Ill. Adm. Code 810 apply

to this Part.

4c)

 Standards for Municipal Solid Waste landfills

1)

 The standards of this Part also apply to all new

MSWLF units,

 as defined at 35

 Ill. Adm. Code

810.103.

 The standards for the new MSWLF units

include:

A)

 The standards applicable to new landfills

pursuant to subsection

 (a); and

53

B)

 The standards adopted

 in this part that are

identical-in-substance to the federal

regulations promulgated by the U.S.

-

Environmental Protection Agency pursuant

Sections 4004 and 4010 of the RCRA relating

to MSWLF program.

 Such standards are

individually indicated as applicable to MSWL

units.

2)

 The Appendix Table 811.Appendix B provides a

Section-by-Section correlation between the

requirements of the federal MSWLF regulations at

 40 CFR 258

 (1992)

 and the requirements of this

Part.

3)

 An owner or operator of a MSWLF unit shall also

comply with any other applicable Federal rules,

laws,

 regulations, or other requirements.

BOARD NOTE:

 Subsection

 (4c) (3)

 is derived from 40

CFR 258.3

 (1992).

(Source:

 Amended at

 18 Ill. Reg.

_________,

 effective

SUBPART

C:

 PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section 811.301

 Scope and Applicability

In addition to the requirements of Subpart A, the standards of

this Subpart apply to all landfills

 in which chemical and

putrescible wastes are to be placecL

 except as otherwise provided

Ill.

Adm.

Code

817.

(Source:

 Amended at

 18 Ill. Reg.

_________,

 effective

_________________________________

)

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

812

INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION

SUBPART A:

 GENERAL INFORMATION REQUIRED FOR ALL LANDFILLS

Section

812.101

 Scope and Applicability

812.102

Certification

Professional

Engineer

812.103

 Application Fees

54

812.104

812. 105

812.106

812.107

812. 108

812.109

812. 110

812.111

812.112

812.113

812. 114

812.115

812.116

Required Signatures

Approval

 by Unit of Local Government

Site Location Map

Site Plan Map

Narrative Description of the Facility.

Location Standards

Surface Water Control

Daily Cover

Legal Description

Proof of Property Ownership and Certification

Closure Plans

Postclosure Care Plans

Closure and Postclosure Cost Estimates

SUBPART

ADDITIONAL

INFORMATION

REQUIRED

FOR

 INERT

WASTE

LANDFILLS

Section

812.201

812.202

812.203

812.204

SUBPART

Section

812.301

812.302

812.303

812.304

812.305

812.306

812.307

812.308

812.309

812

310

812.311

812. 312

812.313

812.314

812.315

812.316

812.317

812.318

Scope and Applicability

Waste Stream Test Results

Final Cover

Closure

Requirements

C:

 ADDITIONAL INFORMATION REQUIRED FOR PUTRESCIBLE AND

CHEMICAL WASTE LANDFILLS

Scope and Applicability

Waste Analysis

Site Location

Waste Shredding

Foundation Analysis and Design

Design of the Liner System

Leachate Drainage and Collection Systems

Leachate Management System

Landfill Gas Monitoring Systems

Gas Collection Systems

Landfill Gas Disposal

Intermediate Cover

Design of the Final Cover System

Description of the Hydrogeology

Plugging and Sealing of Drill Holes

Results of the Groundwater

Impact Assessment

Groundwater Monitoring Program

Operating Plans

AUTHORITY:

 Implementing Sections 5,

21,

 21.1,

22,

 22.17 and

28.1,

 and authorized by Section 27 of the Environmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1991,

ch.

 111½, pars.

 1005,

 1021,

1021.1,

 1022,

 1022.17,

 1028.1 and 1027

415

 ILCS 5/5,

21,

 21.1,

22,

 22.17,

 28.1 and 27).

55

SOURCE:

 Adopted in R88-7

 at 14 Ill. Reg.

 15785,

 effective

September 18,

 1990; amended in R90-26 at 18

 Ill.

 Req.

effective

NOTE:

 Capitalization indicates statutory language.

SUBPART A:

 GENERAL INFORMATION REQUIRED FOR ALL LANDFILLS

Section

812.101

 Scope and Applicability

a)

 All persons, except those specifically exempted by

Section

 21(d)

 of the Environmental Protection Act (Act)

(Ill.

 Rev.

 Stat.

 19~8-9)~,ch.

 111½,

 par.

 1021(d))

 shall

submit to the Agency an application for a permit to

develop and operate

 a landfill.

 The application must

contain the information required by this Subpart and by

Section 39(a)

 of the Act,

 except as otherwise provided

in 35

 Ill. Adm.

 Code 817.

b)

 Subpart A contains general standards applicable to all

landfills.

 Subpart B contains additional standards

applicable to landfills which accept only inert waste.

Subpart C contains additional standards applicable to

landfills which accept chemical and putrescible waste.

c)

 All general provisions of 35

 Ill.

 Adm. Code 810 apply

to this Part.

(Source:

 Amended at

 18 Ill.

 Reg.

_________,

 effective

SUBPART C:

 ADDITIONAL INFORMATION REQUIRED FOR PUTRESCIBLE AND

CHEMICAL WASTE LANDFILLS

Section 812.301

 Scope and Applicability

In addition to the information required by Subpart A,

an

application for a permit to develop a putrescible or chemical

waste landfill shall contain the information required by this

Subpart. except as otherwise provided in

 35 Ill.

 Adm.

 Code 817.

(Source:

 Amended at

18

 Ill.

 Reg.

_________,

 effective

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 813

56

PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS

SUBPART A:

 GENERAL PROCEDURES

Section

813.101

813.102

813.103

813.104

813.105

813.106

813.107

813.108

813.109

813.110

813.111

Scope and Applicability

Delivery of Permit Application

Agency Decision Deadlines

Standards for Issuance of a Permit

Standards for Denial of a Permit

Permit Appeals

Permit No Defense

Term

 Permit

Transfer of Permits

Adjusted Standards to Engage in Experimental Practices

Agency Review of Contaminant Transport Models

Section

813.201

SUBPART B:

 ADDITIONAL PROCEDURES FOR MODIFICATION AND

SIGNIFICANT MODIFICATION OF PERMITS

Initiation of a Modification or Significant

Modification

813.202

 Information Required for a Significant Modification of

Approved

Permit

813.203

 Specific Information Required for a Significant

Modification to Obtain Operating Authorization

813.204

 Procedures

 for a Significant Modification of an

Approved Permit

SUBPART

C:

 ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

Section

813.301

813

302

813.303

813.304

813.305

Time of Filing

Effect of Timely Filing

Information Required for a Permit Renewal

Updated Groundwater Impact Assessment

Procedures for Permit Renewal

SUBPART D:

 ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION

OF TEMPORARY AND PERMANENT CLOSURE AND

POSTCLOSURE

CARE

Section

813.401

813.402

813.403

Agency Notification Requirements

Certification of Closure

Termination of the Permit

SUBPART

E:

 REPORTS TO BE FILED WITH THE AGENCY

Annual Reports

Quarterly Groundwater Reports

Section

813.501

813 .502

57

813.503

 Information to be Retained at or near the Waste

Disposal Facility

AUTHORITY:

 Implementing Sections 5,

 21, 21.1,

 22, 22.17 and 28.1

and authorized by Section 27 of the Environmental Protection Act

(Ill. Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1005,

 1021,

 1021.1,

 1022,

1022.17,

 1028.1 and 1027)

 (415 ILCS 5/5,

21,

 21.1,

22,

 22.17,

28.1 and 27.

SOURCE:

 Adopted in R88-7

 at 14

 Ill. Reg.

 15814, effective

September

18,

 1990;

amended in R92-19 at 17

 Ill. Reg.

 12409,

effective July 19,

 1993; expedited correction at

 18 Ill.

 Reg.

7501,

 effective July 19,

 1993; amended in R90—26 at 18

 Ill.

 Req.

effective

NOTE:

 Capitalization indicates statutory language.

SUBPART A:

 GENERAL PROCEDURES

Section 813.101

 Scope and Applicability

a)

 This Subpart contains the procedures to be followed by

all applicants and the Agency for applications for

permits required pursuant to Section 21(d)

 of the

Environmental Protection Act

 (Act)

 (Ill.

 Rev.

 Stat.

1991,

ch.

 111½,

 par.

 1021(d)) and 35

 Ill.

 Adm. Code

811,

 812,

 and 814 and 817.

 The procedures

 in this Part

apply to applications to issue a permit to develop and

operate

 a landfill,

 to modify a permit, to renew an

expired permit,

 and to conduct an experimental

practice.

b)

 All general provisions of 35

 111. Adm.

 Code 810 apply

to this Part.

(Source:

 Amended at

18

111.

 Req.

________,

 effective

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 814

STANDARDS FOR EXISTING LANDFILLS AND UNITS

SUBPART A:

 GENERAL REQUIREMENTS

Section

814.101

 Scope and Applicability

814.102

 Compliance Date

58

814.103

 Notification to Agency

814.104

 Applications for Significant Modification of Permits

814.105

 Effect of Timely Filing of Notification and Application

for Significant Modification

814.106

 Agency Action on Applications

 for Significant

Modifications to Existing Permits

814.107

 Compliance Dates for Existing NSWLF Units

814.108

 Interim Permit Requirements for Existing MSWLF Units

814.109

 Permit Requirements for Lateral Expansions at Existing

MSWLF Units

SUBPART B:

 STANDARDS FOR UNITS ACCEPTING INERT WASTE

Section

814.201

 Scope and Applicability

814.202

 Applicable Standards

SUBPART C:

 STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL OR

PUTRESCIBLE WASTES THAT MAY REMAIN OPEN FOR MORE THAN SEVEN YEARS

Section

814.301

 Scope and Applicability

814.302

 Applicable Standards

SUBPART

D:

 STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL OR

PUTRESCIBLE WASTES THAT MUST

INITIATE CLOSURE WITHIN SEVEN YEARS

Section

814.401

 Scope and Applicability

814.402

 Applicable Standards

SUBPART

E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY, OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES THAT MUST

INITIATE CLOSURE WITHIN TWO YEARS

Section

814.501

 Scope and Applicability

814.502

 Standards for Operation and Closure

SUBPART

F:

 STANDARDS FOR EXISTING UNITS ACCEPTING ONLY

LOW RISK WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES

THAT MAY REMAIN OPEN FOR MORE THAN SEVEN YEARS

Section

814.601

 Scope and Applicability

814.602

 Applicable Standards

SUBPART G:

 STANDARDS FOR EXISTING UNITS ACCEPTING

ONLY LOW RISK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES

THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section

59

814.701

 Scope and Applicability

814.702

 Applicable Standards

SUBPART H:

 STANDARDS FOR EXISTING UNITS ACCEPTING

ONLY POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE,

OR_ACCEPTING LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES

THAT MUST

INITIATE CLOSURE WITHIN TWO YEARS

Section

814.801

 ScoPe and Applicability

814.802

 Standards for Operation and Closure

SUBPART

I:

 STANDARDS FOR EXISTING UNITS ACCEPTING

ONLY POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE

THAT PLAN TO STAY OPEN FOR MORE THAN TWO YEARS

Section

814.901

 Scope and Applicability

814.902

 Standards for Operation and Closure

£-ection 814.Appendix A

 Additional Requirements for Existing

MSWLF Units and Lateral Expansions

Operating Under Permits Issued Pursuant

to 35 Ill. Adm.

 Code 807.

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22, 22.17 and 28.1

and authorized by Section 27 of the Environmental Protection Act

(Ill.

 Rev.

 Stat.

 1991,

ch.

 111½, pars.

 1005,

 1021,

 1021.1,

 1022,

1022.17,

 1028.1 and 1027)

415

 ILCS

 5/5,

21,

 21.1,

22,

 22.17,

28.1 and 27.

SOURCE:

 Adopted in R88-7

 at 14

 Ill.

 Reg.

 15850, effective

September

18,

 1990; amended in R93—10 at 18

 Ill.

 Req.

 1284,

effective January

 13. 1994; emergency amendment in R94-13 at 18

Ill.

 Reg.

 8488, effective May 12,

1994

 for a maximum of

150 days;

amended

 in R90-26 at

18

 Ill.

 Reg.

 effective

NOTE:

 Capitalization indicates statutory language.

SUBPART F:

 STANDARDS FOR EXISTING UNITS ACCEPTING ONLY

LOW RISK WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES

THAT MAY REMAIN OPEN FOR MORE THAN SEVEN YEARS

Section

814.601

 Scope and Applicability

~j

 The standards

 in this Subpart are applicable to all

existing units of landfills,

 including those exempt from

permit requirements

 in accordance with Section 21(d)

of

the Act,

 that have accepted or accept low risk wastes and

 are classified as low risk waste landfill in accordance

60

with subsection

 (c) of this Section.

 Based on an

evaluation of the information submitted pursuant to

Subpart A of this Part and any Agency site inspection,

units that meet the requirements of this Subpart maY

remain open for an indefinite period of time beyond seven

years after September 18.

 1990.

~j

 Based on an evaluation of the information submitted

pursuant to Subpart A of this Part and any A~encvsite

inspection, units which are unable to comply with the

requirements of this Subpart are subiect to the

requirements of Subpart G or Subpart H of this Part.

~j

 An owner or operator shall demonstrate that the existing

landfill unit is a low risk waste landfill unit pursuant

to 35

 Ill. Adm.

 Code 817.105 and 817.106 as follows:

fl

 Collecting a representative sample of undiluted and

unattenuated landfill leachate obtained in

accordance with

35

 Ill. Adm.

 Code 817.103(b) (3); or

21

 Extracting leachate from representative core sam~1es

obtained from the existing unit.

 The core samples

shall be individually extracted by using ASTM Method

D3987—85 specified

in

 35 Ill.

 Adm.

 Code 817.103(a)

and the resulting leachate shall be used for waste

 classification purposes.

(Source:

 Added at 18

 Ill.

 Reg.

_________,

 effective

Section 814.602

 Applicable Standards

~J

 All of the requirements for new units described in 35

Ill. Adm.

 Code 817

shall a~~lv

 to units regulated under

this Subpart except the following:

fl

 The location standards in 35 Ill. Adm.

 Code

817.402(a) and (d)

fl

 The foundation and mass stability analysis standards

in 35 Ill. Adm.

 Code 817.404 and 817.405

3j

 The final cover requirements of

35

 Ill. Adm. Code

817.410 shall not apply to units or parts of units

closed,

 covered, and vegetated prior to August 1,

1994

il

 The liner and leachate drainage and collection

requirements of

35

 Ill.

 Adm. Code 817.406. 8l7.4Q7~

and 817.408; and

~j

 The hydrpqeologjcal site investigation requirements~

Ill.

Adm.

Code

817.411.

except

that

inform~

tion shall be collected to implement

 groundwater

monitoring program in accordance with 35 Ill. Adin~

Code 817.414 and 817.415 and establish background

 concentrations for the purpose of establishing

maximum allowable predicted concentrations pursuant

to 35

 Ill. Adm. Code 817.414.

~j

 Units regulated under this Subpart shall be subiect to

the following standards:

fl

 The unit must be equipped with a system which will

effectively drain and collect leachate and transport

it to

 a leachate management system.

 However,

 if the

facility can provide

Proof that the applicable

groundwater quality standards,

 as provided at 35

Ill.

 Adm.

 Code 817.416(a) (1). will not be exceeded

at the compliance boundary. no leachate collection

or transPort sYstem shall be required.

 At a

minimum, such Proof shall include a

groundwater

impact assessment Performed in accordance with 35

Ill. Adm.

 Code 817.413

21

 The operator shall provide a long-term static safety

factor of at least 1.5 to protect a comPleted unit

against slope failure

~J

 Calculation of the Design Period.

 For the purpose

of calculating financial assurance. the design

period shall

 be calculated as follows:

~j

 The design period shall be no less than the

operating life of the landfill plus

 15 years of

Postclosure care

~j

 The postclosure care period shall be extended

bY three years for each Year the unit is

exPected to be in operation u~to the a~pli-

cable design period required by 35

 Ill. Adm.

Code 817.

 (For example. an existing unit with

an expected operating life of three or seven

years after September 18,

 1990 would be

required to provide financial assurance during

operation and for a postclosure care Period of

either 15 years since

3

x

3

 9 Years

 is ~

than the 15 year minimum specified

in

subsection

 (b) (3) (A); or

20 years since

3

x

7

21 years

 is greater than the 20 years specifi~

in Section 817.403(a), respectively.)

62

(Source:

 Added at

 18 Ill.

 Reg.

 effective

SUBPART G:

 STANDARDS FOR EXISTING UNITS ACCEPTING

ONLY LOW RISK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES

THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section 814.701

 Scope and Applicability

~j. The standards

 in this Subpart are applicable to all

existing units of landfills,

 including those exempt from

permit requirements

 in accordance with Section

 21(d)

of

the Act,

 that have accepted or accept low risk wastes and

are classified as low risk waste landfill in accordance

 with subsection

 (C).

 below.

 Based

on an evaluation of

the information submitted pursuant to Subpart A of this

Part and any Agency site inspection, units that meet the

requirements

 of this Subpart shall initiate closure

between two and seven years after August

1,

 1994.

j~j Based on an evaluation

 of the information submitted

pursuant to Subpart A of this Part and any Agency site

inspection, units which are unable to comply with the

requirements of this Section are subiect to the

requirements of Subpart H of this Part.

gj

 An owner or operator shall demonstrate that the existing

landfill unit

 is a low risk waste landfill unit pursuant to

35

 Ill.

 Adm.

 Code 817.105 and 817.106 as follows:

fl

 Collecting

 a representative sample of undiluted and

unatteriuated landfill leachate obtained in

accordance with

35

 Ill.

 Adm.

 Code 817.103(b) (3); or

21

 Extracting

 leachate from representative core samples

obtained from the existing unit.

 The core samples

shall

 be individually extracted by using ASTM Method

D3987—85

specified

Ill.

Adm.

Code

817.103(a)

and the resulting leachate shall

 be used for waste

classification purposes.

(Source:

 Added at

18

 Ill. Req.

_________,

 effective

Section 814.702

 Applicable Standards

~j

 All of the requirements for new units described

 in 35

Ill. Adm.

 Code 817 shall apply to units regulated under

this Subpart,

 except the following:

fl

 The location standards in

 35 Ill. Adm.

 Code

817.402(a),

 (C).

 and (d)

63

21

 The foundation and mass stability analysis standards

in

 35 Ill. Adm. Code 817.404 and 817.405

~j

 The final cover requirements of

 35 Ill.

 Adm. Code

817.407 shall not apply to units or parts of units

closed, covered,

 and vegetated prior to August 1~

1994

iL

 The liner and leachate drainage and collection

requirements of

35

 Ill. Adm. Code 817.406,

817.407~

and 817.408;

~j

 The hydrogeological site investigation requirements

of 35

 Ill. Adm.

 Code 817.411

~J

 The groundwater impact assessment standards of

35

 Ill. Adm.

 Code 817.413

fl

 The groundwater monitoring program requirements of

35

 Ill. Adm.

 Code 817.414(c);

and

~J

 The groundwater quality standards

 of 35

 Ill.

 Adm.

Code 817.416(a),

 (b).

and

 (c).

~j

 The following standards shall apply to units regulated

under this Subpart:

fl

 No new

units shall be opened and an existing unit

may not expand beyond the area included

in

 a permit

prior to August

1,

 1994 or,

 in the case of permit

exempt facilities,

 beyond the area needed for

landfilling to continue until closure is initiated

21

 After August

1.

 1994, the unit may continue to

accept special waste under permits existing prior to

Au~ust1.

 1994 and may renew those permits as neces-

sary.

 However,

 the unit may apply for su~p1emental

waste stream permits only

 if the following

conditions are met:

~j

 The additional waste stream composition

is

similar_to or compatible with the wastes

previously disposed of

 in the unit;

and

~j

 the waste stream leaching characteristics

determined

 in accordance with 35 Ill.

 Adm. Code

817.103 meets the maximum allowable leaching

concentrations for low risk wastes specified at

35

 Ill.

 Adm.

 Code 817.106.

~J

 Groundwater Standards.

 A unit shall not contaminate

a source of drinking water

 at the compliance

64

boundary, defined as any point on the edge of the

unit at or below the ground surface.

 At any point

on the compliance boundary, the concentration of

constituents shall not exceed the applicable

groundwater quality standards of

35

 Ill. Adm.

Code

Part 620.

 The Board may provide for a zone of

attenuation and adlust the compliance boundary in

accordance with Section 28.1 of the Act and the

procedures of

 35 Ill. Adm. Code 106.Subpart G UPOfl

petition demonstration by the operator that the

alternative compliance boundary will not result in

contamination of groundwater which may be needed or

used for human consumption.

 In reviewing such

petitions, the Board will consider the following

factors:

Al

 The hydrogeological characteristics of the unit

and surrounding land,

 including any natural

attenuation and dilution characteristics of the

aquifer

~j

 The volume and physical and chemical char-

acteristics of the leachate

çj

 The quantity, quality,

 and direction of flow of

groundwater underlying the facility

Qj

 The proximity and withdrawal rates of ground-

 water users:

~j

 The availability of alternative drinking water

supplies

fi

 The existing quality of the groundwater, in-

cluding other sources of contamination and

their cumulative impacts on the groundwater

Qj

 Public health,

 safety, and welfare effects; and

jj).

 In no case shall the zone of compliance extend

beyond the facility property line or beyond the

annual high water mark of any navigable surface

water.

Calculation

 of the Design Period.

 For the purposes

of calculating financial assurance, the desicin

period shall be calculated as follows:

Al

 The design period shall be no

less than five

years; and

65

~j.

 The ~ostclosure care period shall be extended

by three years for each year the unit is

ex-

Pected to be in operation up to the applicable

design period required by 35 Ill.

 Adm. Code

817.

 (For example.

 an existing unit with an

expected life of three years after September

18.

 1990 would be required to provide financial

assurance for nine years of ~ostclosure care.

9

3

x

3.)

(Source:

 Added at 18 Ill.

 Req.

________,

 effective

SUBPART H:

 STANDARDS FOR EXISTING UNITS ACCEPTING

ONLY POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE.

OR ACCEPTING ONLY LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES

THAT MUST INITIATE CLOSURE WITHIN TWO YEARS

Section 814.801

 Scope and Applicability

~j

 The standards

 in this Subpart are applicable to all

existing units

 of landfills,

 including those exempt from

permit requirements in accordance with Section 21(d)

of

the Act, that accePt potentially usable waste only or

which accePt low risk wastes.

~1

 All units

that cannot demonstrate compliance with the

requirements of Subparts

B.

F.

 or G of this Part,

 or that

are scheduled to begin closure within two years after

August

1.

 1994, must begin closure within two years after

August

1.

 1994.

gj

 A new permit shall not be required for any facility at

which all units will close within two years after August

1.

 1994.

(Source:

 Added at 18 Ill.

 Req.

_________,

 effective

Section 814.802

 Standards for

Operation and Closure

~j

 All units regulated in this Subpart are subiect to all

requirements in

35

 Ill. Adm. Code 807.

~j

 All units regulated under this Subpart are sublect to all

 conditions of the existing permit.

(Source:

 Added at

 18 Ill.

 Reg.

_________

 effective

SUBPART

I:

 STANDARDS FOR EXISTING UNITS ACCEPTING

66

ONLY POTENTIALLY USABLE STEEL OR FOUNDRY INDUSTRY WASTE

THAT PLAN TO STAY OPEN FOR MORE THAN TWO YEARS

Section 814.901

 Scope and Applicability

~

 The standards in this Subpart are applicable to all

existing units of landfills,

 including those exempt from

permit requirements in accordance with Section 21(d) of

the_Act, that accept onlY potentially usable waste and

are classified as potentially usable waste landfills in

accordance with subsection

 (c).

 below.

 Based on an

evaluation of the information submitted Pursuant to

Subpart A of this Part and any Aqency site inspection,

units that meet the requirements of this Subpart may

remain open for an indefinite period of time after August

1,

 1994.

~j

 Based on an evaluation of the information submitted

pursuant to Subpart A of this Part and any Agency site

inspection,

 units which are unable to com~lvwith the

requirements of this Section are sublect to the

requirements of Subpart H of this Part.

~j

 An owner or oPerator shall demonstrate that the existing

landfill unit

is

 a potentially usable waste landfill unit

pursuant to 35

 Ill. Adm.

 Code 817.105 and 817.106 as

follows:

fl

 Collecting a representative sample of undiluted and

unattenuated landfill leachate obtained

in

accordance 35

 Ill.

 Adm. Code 817.103(b) (3);

or

21

 Extracting leachate from representative core samples

obtained from the existing unit. The core samples

shall be individually extracted by using ASTM Method

D3987—85 specified in 35

 Ill.

 Adin.

 Code 817.103(a)

and the resulting leachate shall be used for waste

classification purposes.

(Source:

 Added at 18

 Ill.

 Req.

_________,

 effective

Section 814.902

 Standards for Operation and Closure

~j

 All units regulated in this Subpart are subiect to all

requirements in 35 Ill.

 Adm. Code 8l7.Subpart C.

~

 If an owner or operator of a unit regulated under this

Subpart is unable to obtain the representative leachate

samPles required Pursuant to 35

 Ill. Adm. Code

817.305(a). representative core samples shall be taken at

appropriate locations in the unit.

 Each samPle shall be

67

individually subiected to ASTN Method D3987-85 extraction

procedure prescribed in 35

 Ill. Adm. Code 817.103 (a).

The resulting leachate from the extraction procedure

 shall

 be substituted for that to be collected pursuant 35

Ill.

 Adin. Code 817.305(a).

(Source:

 Added at

18

 Ill. Reg.

________

)

effective

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 815

PROCEDURAL REQUIREMENTS FOR ALL LANDFILLS EXEMPT FROM PERMITS

SUBPART A:

 GENERAL REQUIREMENTS

Section

815.101

815.102

Section

815.201

815.202

815.203

815.204

Section

815.301

815.302

815.303

Scope and Applicability

Required Signatures

SUBPART

B:

 INITIAL FACILITY REPORT

Scope and Applicability

Filing Deadline

Information to be Filed

Required Signatures

SUBPART C:

 ANNUAL REPORTS

Scope and Applicability

Reporting Period

Information to be Submitted

SUBPART D:

 QUARTERLY GROUNDWATER REPORTS

Scope and Applicability

Filing Schedule

SUBPART E:

 INFORMATION TO BE RETAINED ON-SITE

Scope and Applicability

Acceptance Reports

Other Information

Section

815.401

815.402

Section

815. 501

815. 502

815. 503

68

AUTHORITY:

 Implementing Sections 5,

21,

 21.1,

22,

 22.17,

 28.1,

and authorized by Section 27 of the Environmental Protection Act

(Ill. Rev.

 Stat.

 1991,

ch.

 111½, pars.

 1005,

 1021,

 1021.1,

 1022,

1022.17,

 1028.1 and 1027

415

 ILCS 5/5,

21,

 21.1,

 22, 22.17,

 28.1

and 27).

SOURCE:

 Adopted in R88-7

 at 14

 Ill. Reg.

 15807, effective

September 18,

 1990; amended

 in R90-26 at 18

 Ill.

 Reg.

effective

SUBPART B:

 INITIAL FACILITY REPORT

Section 815.202

 Filing Deadline

a)

 Existing Facilities

The initial facility report shall bewas to have been

filed with the Agency within two years of the effective

date of this Partby September 18.

 1992.

b)

 Existing Steel and Foundry Landfills Regulated Pursuant

to 35 Ill.

 Adm.

 Code 814.Subparts

F,

G,

 H. and

I

An amended initial facility report shall

 be filed within

one year of August

1,

 1994.

~j

 New Facilities

The initial facility report shall be filed with the

Agency before any waste is accepted.

(Source:

 Amended at

18

 Ill. Req.

________,

 effective

SUBPART

D:

 QUARTERLY GROUNDWATER REPORTS

Section 815.401

 Scope and Applicability

All landfills regulated under this Part shall file all

groundwater monitoring data with the Agency in accordance with

the filing schedule of this Subpart, and file modifications,

since the last quarterly report,

 to any list of background

concentrations prepared in accordance with 35 Ill. Adm. Code

811.320(d) (1)

 or 817.416(d) (1).

 as applicable.

(Source:

 Amended at 18

 Ill. Reg.

_________,

 effective

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

69

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 817

REQUIREMENTS FOR NEW STEEL AND

FOUNDRY INDUSTRY WASTES LANDFILLS

SUBPART A:

 GENERAL REQUIREMENTS

SUBPART B:

 STANDARDS FOR MANAGEMENT OF BENEFICIALLY USABLE

STEEL AND FOUNDRY INDUSTRY WASTES

Scope and Applicability

Limitations on Use

Notification

Long-Term Storage

SUBPART C:

 STEEL AND FOUNDRY INDUSTRY POTENTIALLY

USABLE WASTE LANDFILLS

Scope and Applicability

Design Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load Checking

SUBPART D:

 NEW STEEL AND FOUNDRY INDUSTRY LOW RISK WASTE

LANDFILLS

Scope and Applicability

Facility Location

Design Period

Foundation and Mass Stability Analysis

Foundation Construction

Liner Systems

Leachate Drainage System

Leachate Collection System

Leachate Treatment and Disposal System

Final Cover System

Hydrogeoloqic Site Investigations

Plugging and Sealing of Drill Holes

Groundwater Impact Assessment

Section

817.101

817. 103

817.104

817. 105

817.106

817.107

Scope and Applicability

Determination of Waste Status

Sampling Frequency

Waste Classification

Waste Classification Limits

Waste Mining

Section

817.201

817.202

817.203

817. 204

Section

817.301

817.302

817.303

817.304

817.305

817.306

Section

817.401

817.402

817.403

817.404

817.405

 817.406

817.407

817.408

817.409

817.410

817.411

817.412

817.413

70

817.414

 Design, Construction and Operation of Groundwater

Monitoring Systems

817.415

 Groundwater Monitoring Programs

817.416

 Groundwater Quality Standards

817.417

 Waste Placement

817.418

 Final

 Slope and Stabilization

817.419

 Load Checking

SUBPART

E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section

817.501

 Scope and Applicability

Section

817.Appendix A

 Organic Chemical Constituents List

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22, 22.17 and

28.1,

 and authorized by Section 27,

 of the Environmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1005,

 1021,

1021.1,

 1022,

 1022.17,

 1028.1 and 1027)

415

 ILCS 5/5,

21,

 21.1,

22,

 22.17,

 28.1 and 273.

SOURCE:

 Adopted

 in R90-26 at

 18 Ill. Reg.

_________,

 effective

SUBPART A:

 GENERAL REQUIREMENTS

Section 817.101

 Scope and Applicability

a)

 In addition to the requirements of 35 Ill.

 Adm. Code

811.Subpart A,

 the standards of this Part apply

exclusively to the non-putrescible wastes produced by the

following processes:

1)

 The steel and foundry processes covered by SIC Codes

331 and 332 with the exception of those industries

identified by SIC code 3313; and

2)

 The foundry processes at business operations whose

primary SIC Code

 is not included within the SIC Code

332.

b)

 Landfill units regulated under this Part shall accept

waste only from the steel and foundry industries.

c)

 This Part shall not apply to the not otherwise prohibited

use of

 iron and steelmaking slags, including the use as a

base for road building, but not including use for land

reclamation except as allowed under subsection

 (e).

d)

 This part shall not apply to the not otherwise prohibited

use of foundry sand which has been demonstrated as

71

suitable for beneficial use under Section 817.105,

including the use as a base for road building, but not

including use for land reclamation except as allowed

under subsection

 (e).

-

e)

 The Agency may approve the use of iron and steelmaking

slags and foundry sands for land reclamation purposes

upon a demonstration by the owner or operator that such

uses will not cause an exceedence of the applicable

groundwater quality standards specified at 35 Ill.

 Adm.

Code 620.

f)

 This Part shall not apply to the use or reuse of iron and

steelmaking slags and foundry sands as ingredients in an

industrial process to make a product.

Section 817.103

 Determination of Waste Status

a)

 A representative sample of leachate extracted by ASTM

Method D3987-85,

 incorporated by reference in 35 Ill.

Adm. Code 810.204, from each waste stream to be disposed

of or utilized shall be used to characterize the expected

constituents and concentrations of the leachate.

Representative samples of waste streams to be tested

shall

 be obtained by use of ASTN Method D2234—76,

incorporated by reference in 35

 Ill. Adm. Code 810.204.

b)

 Actual samples of leachate from an existing solid waste

disposal unit or beneficial use site may be utilized

under the following conditions:

1)

 The waste

 in the existing unit is similar to the

waste to be used or disposed;

2)

 The conditions under which the leachate was formed

are similar to those expected to be encountered; and

3)

 Leachate

 is sampled so as to be representative of

undiluted and unattenuated leachate emanating from

the unit.

Section 817.104

 Sampling Frequency

a)

 All individual wastes streams shall be tested annually

pursuant to 817.103(a).

b)

 Additional testing on individual waste streams shall be

conducted when any of the following occurs:

1)

 There

 is a change in the raw materials which could

result in a change in the wastes’ classification;

72

2)

 There is a modification to the process which gener-

ates the waste that could result

in

 a change in

the

waste’s leaching characteristics;

or

3)

 There

 is an addition of a new process which may

generate a new waste material.

Section 817.105

 Waste Classification

a)

 Wastes regulated by this Part shall be classified on the

basis of leaching potential as determined by the

procedure at Section 817.103.

b)

 Wastes regulated by this Subpart shall fall into one of

four classifications:

1)

 Beneficially usable waste;

2)

 Potentially usable waste;

3)

 Low risk waste;

or

4)

 Chemical waste.

C)

 Maximum allowable leaching concentration

 (MALC)

 for the

beneficially usable, potentially usable and low risk

classes are presented in the table at Section 817.106.

Wastes exceeding the MALCs for the low risk class shall

be regulated as chemical wastes under 35

 Ill.

 Adm. Code

8l1.Subpart

C.

Section 817.106

 Waste Classification Limits

a)

 Maximum allowable leaching concentrations

 (MALCs)

(concentrations

 in mg/L):

Beneficially

 Potentially

Low

Usable

 Usable

 Risk

Parameter

 Wastes

 Wastes

 Wastes

(Primary Standards)

Arsenic

 0.05

0.1

 0.25

Barium

2.0

2.0

5.0

Cadmium

 0.005

 0.01

 0.05

Chromium

0.1

0.2

 0.25

Lead

 0.0075

0.1

 0.25

Nitrate

10.

20.

30.

Selenium

 0.05

 0.05

 0.25

Fluoride

4.

4.

20.

Benzene

 0.005

 0.01

 0.025

Carbon Tetra-

73

chloride

 0.005

 0.01

 0.025

1, 2-Dichloro-

ethane

 0.005

 0.01

 0.017

1, 1—Dichloro-

ethylene

 0.007

 0.014

 0.035

cis-1, 2—Dichloro-

ethylene

 0.07

 0.14

 0.35

2-Dichloro—

ethylene

0.1

0.2

0.5

1, 2—Dichloro-

propane

 0.005

 0.01

 0.025

Ethylbenzene

0.7

1.

3.5

Monochlorobenzene

0.1

0.2

0.5

Styrene

0.1

0.2

0.5

Tetrachloro—

ethylene

 0.005

 0.01

 0.025

Toluene

1.

2.

5.

1, 1, 1-Trichioro-

ethane

0.2

0.4

1.

Trichloroethylene

 0.005

 0.01

 0.025

Trihalomethanes

(total)

0.1

0.2

0.5

Vinyl Chloride

 0.002

 0.004

 0.01

Xylenes (total)

10.

10.

50.

(Secondary Standards)

Chloride

 250.

 250.

 500.

Manganese

 0.15

 0.75

 3.75

Copper

5.

5.

10.

Iron

5.

5.

15.

Sulfates

 400.

 400.

 800.

Zinc

5.

10.

50.

Total Dissolved

Solids

 (TDS)

 1,200.

 1,200.

 3,500.

b)

 The Agency, upon application by an owner or operator,

may allow exceedences of any secondary standard

provided that the applicant can make an adequate

showing, using the groundwater impact assessment

procedures of Section 817.413, that the limit increase

 will not result in an

exceedence of the groundwater

quality standards specified at Section 817.416.

Section 817.107

 Waste Mining

a)

 Owner or operator may mine landfills covered by this

Part,

 including previously abandoned or closed units to

recover useable materials,

 in accordance with this

Section.

 The handling,

 storage,

 and ultimate use of

the mined wastes shall conform with the requirements of

this Part.

74

b)

 Owner or operator shall develop a closure plan for the

mined area.

 The closure plan shall be consistent with

the closure requirements of Subpart C of this Part.

The closure plan shall be submitted to the Agency prior

to initiating mining activity.

c)

 If the facility is conducting mining operations on

August

1,

 1994,

 the owner or operator shall submit a

closure plan to the Agency within 60 days after August

1,

 1994.

d)

 If, during the mining operation, wastes are discovered

in the landfill that exceed the MALCs for low risk

wastes,

 the owner or operator shall amend the closure

plan to ensure that the closure complies with the

standards of

35

 Ill. Adm.

 Code 814.402.

e)

 If no waste

 is removed from the landfill for a period

 of greater than one year,

 the owner or operator shall

initiate closure.

f)

 Following completion of the mining activity, those

portions of the landfill that were disturbed and that

still contain waste shall be closed pursuant to the

closure plan.

g)

 No new wastes may be disposed of

 in the mined areas of

the landfill during or after the mining operation

unless provided for in the closure plan.

SUBPART B:

 STANDARDS FOR MANAGEMENT OF BENEFICIALLY USABLE

STEEL AND FOUNDRY INDUSTRY WASTES

Section 817.201

 Scope and Applicability

The standards of this Subpart,

 along with 35

 Ill. Adm. Code

811.101 and 811.102, shall apply to all steel and foundry

industry wastes not exempt under Section 817.101 and which meet

the MALC limits for beneficially usable wastes provided in

Section 817.106.

Section 817.202

 Limitations on Use

a)

 Wastes regulated by this Subpart may only be used as

substitutes for commercially available materials

including soil used for land reclamation purposes.

Open dumps containing beneficial waste are prohibited.

b)

 Storers of wastes shall take all necessary precautions

to ensure that the waste piles do not present a dust or

runoff nuisance or produce violations of the Act or

regulations promulgated pursuant thereto.

75

c)

 Access to the open face of the beneficially usable

waste storage area and all other areas within the

boundaries of the facility shall be restricted to

prevent unauthorized entry at all times.

Section 817.203

 Notification

a)

 The generator of wastes regulated by this Subpart,

including persons conducting waste mining under

817.107,

 shall certify that the waste sent to an

offsite beneficial use meets the Subpart A requirements

for beneficial waste.

 A copy of the certification

shall be attached to the Bill of Lading for each

shipment.

b)

 The generator of wastes regulated by this Subpart shall

submit the following information to the Agency for each

new recipient of the waste and for each new use

location:

1)

 A detailed description of the process generating

the material;

2)

 A demonstration that the proposed material

handling activity will not cause a release or

threat of release of contaminants to the air or

water that will exceed standards promulgated by

the Board or would adversely affect or impact

human health or the environment;

3)

 A physical description of the waste stream.

 This

description should include information on size,

shape,

 form,

 particle size,

 and volume of the

waste;

4)

 The analytical results of the leaching test

 completed pursuant to Section 817.103;

5)

 A physical analysis of the waste including percent

moisture,

 ignitability, corrosivity, solubility,

and reactivity;

6)

 Groundwater monitoring data,

 if available;

and

7)

 A description of the proposed use or reuse

activity and site including location, special

handling instructions, and estimated usage

timetable.

Section 817.204

 Long-Term Storage

76

a)

 A storage pile that is regulated by this subpart shall

be closed as a landfill pursuant to the provisions of

Subpart C of this Part unless the owner or operator can

demonstrate that wastes have either been added to or

removed from the unit within the preceding year.

 At a

minimum, such demonstration shall include photographs,

records or other observable or discernable information.

b)

 An owner or operator of

 a storage pile may obtain up

to a six month extension of the closure requirement

from the Agency upon providing proof,

 in the form of a

past or present sales contract or similar evidence,

that a specific market for the material exists.

SUBPART C:

 STEEL AND FOUNDRY INDUSTRY POTENTIALLY

USABLE WASTE LANDFILLS

Section 817.301

 Scope and Applicability

The standards of this Subpart,

 in addition to the requirements of

35

 Ill. Adm. Code 8l1.Subpart A, shall apply to all landfills in

which only potentially usable waste is to be placed.

The

landfills regulated by this Subpart may accept beneficially

usable waste for disposal

Section 817.302

 Design Period

The design period for all potentially usable waste disposal units

shall be the estimated operating life of the unit plus a minimum

postclosure care period of five years.

 For landfills,

 other than

those used exclusively for disposing waste generated at the site,

the minimum postclosure care period,

 for purposes of monitoring

settling at the site,

 shall be

 15 years.

Section 817.303

 Final Cover

Unless otherwise specified in a permit or other written Agency

approval,

 a minimum of 0.46 meters

 (1.5 feet)

 of soil material

that will support vegetation which prevents or minimizes erosion

shall be applied over all disturbed areas.

Section 817.304

 Final Slope and Stabilization

a)

 The waste disposal unit shall be designed and con-

structed to achieve a minimum static slope safety

factor of 1.5 and a minimum seismic safety factor of

1.3.

b)

 Standards for vegetation:

77

1)

 Vegetation shall be promoted on all reconstructed

surfaces to minimize wind and water erosion;

2)

 vegetation shall be compatible with (i.e,

 grow

and survive under)

 the local climatic conditions;

3)

 vegetation shall require little maintenance;

4)

 Vegetation shall consist of

 a diverse mix of

native and introduced species consistent with the

postclosure land use;

and

5)

 Temporary erosion control measures,

 including,

but

not limited to, the application, alone or in com-

bination,

 of mulch,

 straw, netting,

 or chemical

soil stabilizers,

 shall

 be undertaken while

vegetation

 is being established.

c)

 The landfill site shall be monitored for settling as

specified in Section 817.302 in order to meet the

requirements of this Section.

Section 817.305

 Leachate Sampling

a)

 All potentially usable waste landfills shall be

designed to include a monitoring system capable of

collecting representative samples of leachate generated

by the waste,

 using methods such as,

 but not limited

to,

 a pressure—vacuum lysimeter,

 trench lysimeter or a

well point.

 The sampling locations shall be located so

as to collect the most representative leachate samples.

Samples will not be composited but analyzed

individually.

b)

 Leachate samples shall be collected and analyzed at

least once every six months to determine,

 using the

statistical procedures of

 35 Ill.

 Adm. Code

811.320(e) (2)

and

 (e) (3)

 whether the Section 817.106

limits for potentially usable waste have been exceeded.

c)

 If the results of testing of leachate samples in

accordance with subsection

(b)

 above indicate that the

organic chemical limits for potentially usable waste,

as defined in Section 817.106, have not been exceeded

for four consecutive sampling periods, the subsection

(b)

 sampling frequency for organics shall be reduced to

once every two years.

d)

 If the results of testing of leachate samples in accor-

dance with subsection

(b)

 of this Section confirm that

the leachate exceeds the limits for potentially usable

78

waste as defined in Section 817.106, the operator

shall:

1)

 notify the Agency in writing of this finding

within 10 days following the finding;

2)

 verify the exceedence by taking additional samples

within 45 days after the initial observation;

3)

 report the results of the verification sampling to

the Agency within 60 days of the initial

observation;

4)

 determine the cause of the exceedence which may

include, but not be limited to, the waste itself,

natural phenomena,

 sampling or analysis errors, or

 an offsite source;

5)

 notify the Agency in writing of a confirmed

exceedence and provide the rationale used in such

a determination within ten days of the

determination; and

6)

 if the exceedence

 is attributable to the landfill,

return to a quarterly sampling program for

organics until such time as the exceedences cease.

e)

If,

 as a result of further testing of the leachate

pursuant to subsection

(d)

(2)

 of this Section and

statistical analysis of the results in accordance with

35

 Ill.

 Adm. Code 811.320(e),

it

 is determined that the

facility leachate exceeds the Section 817.106 limits

for potentially usable waste, but does not exceed the

limits for low risk waste, the facility shall:

1)

 no longer be subject to the potentially usable

waste landfill requirements of Subpart C of this

Part;

2)

 immediately be subject to the requirements for Low

Risk Waste Landfills of 35

 Ill.

 Adm. Code 814.602.

f)

 If the results of the retesting completed pursuant to

Section 817.305(d) (2)

 indicate that the leachate

exceeds the Section 817.106 limits for low risk waste

landfills, the facility shall:

1)

 no longer be subject to the potentially useable

waste landfill requirements of Subpart C of this

Part;

2)

 immediately cease accepting waste;

79

3)

 within

 60 days, develop a closure plan that

incorporates the requirements of 35

 Ill. Adm. Code

8l1.Subpart C; and

4)

 initiate closure within 90 days pursuant to a

closure plan and complete closure within one year

or pursuant to an alternate closure schedule that

has been approved,

 in writing, by the Agency.

g)

 The results of the chemical analysis tests shall be

included in the quarterly groundwater reports submitted

to the Agency

 in accordance with 35 Ill.

 Adm. Code

813.502 for permitted facilities and 35 Ill.

 Adm. Code

815.Subpart D for non-permitted facilities.

Section 817.306

 Load Checking

a)

 The operator shall not accept wastes for disposal at

a

potentially usable waste landfill unless the wastes are

accompanied by documentation that they are potentially

usable based on testing of the leachate from such

wastes performed in accordance with the requirements of

Subpart A of this Part.

b)

 The operator shall institute and conduct a random load

checking program at each potentially usable waste

facility in accordance with the requirements of

 35 Ill.

Adm. Code 811.323, except that this program shall also

be designed to:

1)

 detect and discourage attempts to dispose of non—

 potentially usable wastes at the landfill;

2)

 require the facility’s inspector to examine at

least one random load of solid waste delivered to

the landfill on a random day each week;

and

3)

 require the operator to test one randomly selected

waste sample from each generator on an annual

basis

 in accordance with Section 817.103(a) to

determine

 if the waste

 is potentially usable as

defined in this Part.

c)

 The operator shall include the results of the load

checking in the annual report submitted to the Agency

in accordance with 35 Ill. Adm. Code 813.501 for

permitted facilities and 35

 Ill.

 Adm. Code 815.Subpart

C for non-permitted facilities.

SUBPART D:

NEW

STEEL AND FOUNDRY INDUSTRY LOW RISK WASTE

LANDFILLS

80

Section 817.401

 Scope and Applicability

The standards of this Subpart,

 along with 35

 Ill. Adm. Code

8l1.Subpart A,

 shall apply to all new landfills in which only

steel and foundry industry low risk wastes are to be placed.

Section 817.402

 Facility Location

a)

 No part of a unit shall be located within

 a setback

zone established pursuant to Section 14.2 or 14.3 of

the Act.

b)

 No part of a unit shall be located within the recharge

zone or within 366 meters

 (1200 feet), vertically or

horizontally,

 of a sole-source aquifer designated by

the United States Environmental Protection Agency

pursuant to Section

1424(e)

 of the Safe Drinking Water

Act

 (42 U.S.C.

 300h-3(e)), unless there

 is a stratum

between the bottom of the waste disposal unit and the

top of the aquifer that meets the following minimum

requirements:

1)

 The stratum has

 a minimum thickness of 15.2 meters

(50 feet);

2)

 The maximum hydraulic conductivity in both the

horizontal and vertical directions

 is no greater

than 1x107 centimeters per second,

 as determined

by in situ borehole or equivalent tests;

3)

 There is no indication

of continuous sand or silt

seams,

 faults,

 fractures or cracks within the

stratum that may provide paths for migration; and

4)

 Age dating of extracted water samples from both

the aquifer and the stratum indicates that the

time of travel for water percolating downward

through the relatively impermeable stratum

 is no

faster than 15.2 meters

 (50 feet)

 in 100 years.

c)

 A facility located within 152 meters

 (500 feet)

 of the

right of way of a township or county road or state or

interstate highway shall have its operations screened

from view by a barrier of natural objects,

 fences, bar-

ricades,

 or plants no less than 2.44 meters

(8

 feet)

in

height.

d)

 No part of a unit shall be located closer than 152

meters

 (500

 feet)

 from an occupied dwelling,

 school,

or

hospital that was occupied on the date when the

operator first applied for a permit to develop the unit

81

or the facility containing the unit, unless the owner

of such dwelling,

 school,

 or hospital provides

permission to the operator,

 in writing,

 for a closer

distance.

Section 817.403

 Design Period

The design period for low risk waste disposal units shall be the

estimated operating life plus 20 years.

Section 817.404

 Foundation and Mass Stability Analysis

a)

 The material beneath the unit shall have sufficient

strength to support the weight of the unit during all

phases of construction and operation.

 The loads and

loading rate shall not cause or contribute to the fail-

ure of the liner.

b)

 The total settlement or swell of the foundation shall

not cause or contribute to the failure of the liner.

c)

 The solid waste disposal unit shall be designed to

achieve

 a safety factor against bearing capacity

failure of at least 2.0

under static conditions and 1.5

under seismic loadings.

d)

 The waste disposal unit shall be designed to achieve a

factor of safety against slope failure of at least 1.5

for static conditions and 1.3 under seismic loading.

e)

 In calculating factors of safety, both long term

(in

tens or hundreds of years)

 and short term (over the

design period of the facility)

 conditions expected at

the facility shall be considered.

f)

 The potential

 for earthquake or blast induced liquefac-

tion,

 and its effect on the stability and integrity of

the unit,

 shall be considered and taken into account in

the design.

 The potential for landslides or earthquake

induced liquefaction outside the unit shall be con-

sidered

 if such events could affect the unit.

Section 817.405

 Foundation Construction

a)

 If the in

situ material provides insufficient strength

to meet the requirements of Section

817.404, then the

insufficient material shall be removed and replaced

with clean materials sufficient to meet the

requirements of Section 817.404.

b)

 All trees,

 stumps,

 roots, boulders and debris shall be

removed.

82

c)

 All material shall be compacted to achieve the strength

 and density properties necessary to demonstrate com-

pliance with this Part in conformance with a construc-

tion quality assurance plan pursuant to 35 Ill.

 Adm.

Code 81l.Subpart

E.

d)

 Placement of frozen soil or soil onto frozen ground is

prohibited.

e)

 The foundation shall be constructed and graded to pro-

vide a smooth, workable surface on which to construct

the liner.

Section 817.406

 Liner Systems

a)

 All units shall be equipped with a leachate drainage

and collection system and a compacted earth liner

designed as an integrated system in compliance with the

requirements of this Section and of Sections 817.407

and 817.408

b)

 The liner and leachate collection system shall be

stable during all phases of construction and operation.

The side slopes shall achieve a minimum static safety

factor of 1.3 and a minimum seismic safety factor of

1.0 at all times.

c)

 The liner shall

 be designed to function for the entire

design period.

d)

 Compacted earth liner standards:

1)

 The minimum allowable thickness shall be 0.91

meters

 (3.0 feet).

2)

 The liner shall be compacted to achieve a maximum

hydraulic conductivity of 1x107 centimeters per

second.

3)

 The construction and compaction of the liner shall

be carried out in accordance with the construction

quality assurance procedures of 35 Ill. Adm. Code

81l.Subpart E so as to reduce void spaces and

allow the liner to support the loadings imposed by

the waste disposal operation without settling that

causes or contributes to the failure of the

leachate collection system.

4)

 The liner shall be constructed from materials

whose properties are not affected by contact with

83

the constituents of the leachate expected to be

produced.

e)

 Slurry trenches and cutoff walls used to prevent

migration of leachate:

1)

 Slurry trenches and cutoff walls built to contain

leachate migration shall be used only in conjunc-

tion with a compacted earth liner meeting the re-

quirements of subsection

(d)

 above or as part of a

remedial action required by 35

 Ill.

 Adm. Code

811.319.

2)

 Slurry trenches and cutoff walls shall extend into

the bottom confining layer to a depth that will

establish and maintain a continuous hydraulic con-

nection and prevent seepage.

3)

 Exploration borings shall be drilled along the

route of the slurry trench or cutoff wall to con-

firm the depth to the confining layer.

 In situ

tests shall be conducted to determine the

hydraulic conductivity of the confining layer.

4)

 Slurry trenches and cutoff walls shall be stable

 under all conditions during the design period of

the facility.

 They shall not be susceptible to

displacement or erosion under stress or hydraulic

gradient.

5)

 Slurry trenches and cutoff walls shall be con-

structed in conformance to a construction quality

assurance plan,

 pursuant to 35 Ill.

 Adm. Code

811.Subpart

 E, that insures that all material and

construction methods meet design specifications.

f)

 The owner or operator may utilize liner configurations

other than those specified in this Section, special

construction techniques, and admixtures,

 provided that:

1)

 The alternative technology or material provides

equivalent,

 or superior, performance to the

requirements of this Section;

2)

 The technology or material has been successfully

utilized in at least one application or pilot

facility similar to the proposed application;

3)

 Methods for manufacturing quality control and

construction quality assurance can be implemented;

and

84

4)

 The owner or operator has received written

approval from the Agency prior to the start of

construction.

Section 817.407

 Leachate Drainage System

a)

 The leachate drainage system shall be designed and con-

structed to be capable of operation throughout the en-

tire design period.

b)

 The system shall be designed in conjunction with the

leachate collection system required by Section 817.408:

1)

 To maintain a maximum head of leachate

3.0 meters

(10 feet)

 above the liner;

and

2)

 To operate

during the month when the highest

average monthly precipitation occurs and,

 if the

liner bottom is located within the saturated zone,

under the condition that the groundwater table

is

at its seasonal high level.

 In addition, the

following design assumptions shall apply:

A)

 The unit

 is assumed to be at field capacity;

and

B)

 The final cover

is

 in place.

c)

 A drainage layer shall overlay the entire liner system.

This drainage layer shall be no less than

0.30 meter

(one foot)

 thick and shall have a hydraulic con-

ductivity equal to or greater than 1xl03 centimeters

per second.

d)

 The drainage layer shall be designed to maintain

laminar flow throughout the drainage layer under the

conditions described in subsection (b).

e)

 The drainage layer shall be designed with a graded

filter or geotextile as necessary to minimize clogging

and prevent intrusion of fine material.

f)

 Materials used in the leachate collection system shall

be chemically resistant to the wastes and the leachate

expected to be produced.

Section 817.408

 Leachate Collection System

a)

 The leachate collection system shall be designed and

constructed to function for the entire design period.

85

b)

 Collection pipes shall be designed for open channel

flow to convey leachate under the conditions

established in Section 817.407(b).

c)

 Collection pipes shall be of a cross—sectional area

that allows cleaning.

d)

 Materials used in the leachate collection system shall

be chemically resistant to the waste and the leachate

expected to be produced.

e)

 The collection pipe material and bedding materials as

placed shall possess structural strength to support the

maximum loads imposed by the overlying materials and

equipment used at the facility.

f)

 Collection pipes shall be constructed within a coarse

gravel envelope using a graded filter or geotextile as

necessary to minimize clogging.

g)

 The system shall

 be equipped with a sufficient number

of manholes and cleanout risers to allow cleaning and

maintenance of all pipes throughout the design period.

Section 817.409

 Leachate Treatment and Disposal System

a)

 Leachate shall be removed from the drainage and collec-

tion system when the leachate level in the landfill

interferes with landfill operations

 or exceeds ten

feet, or when the unit

 is subject to assessment

monitoring in accordance with Section 817.415(b).

The

operator

 is responsible for the operation of

 a leachate

management system designed to handle all leachate

removed from the collection system.

 The leachate

management system shall consist of any combination of

storage,

 treatment, pretreatment, and disposal options

designed and constructed

 in compliance with the

requirements of this Section.

b)

 The leachate management system shall consist of any

combination of multiple treatment and storage struc-

tures,

 to allow the management and disposal of leachate

during routine maintenance and repairs.

c)

 Standards for on-site treatment and pretreatment:

1)

 All on—site treatment or pretreatment systems

shall be considered part of the facility.

2)

 The on—site treatment or pretreatment system shall

be designed

 in accordance with the expected

characteristics

 of the leachate.

 The design may

86

include modifications to the system necessary to

accommodate changing leachate characteristics.

3)

 The on-site treatment or pretreatment system shall

be designed to function for the entire design

period.

4)

 All of the facility’s unit operations, tanks,

ponds,

 lagoons and basins shall be designed and

constructed with liners or containment structures

to control

 seepage to groundwater.

 The ponds,

lagoons,

 and basins shall be inspected prior to

use for cracks and settling and,

 if leachate is

stored in them for more than 60 days,

 they shall

be subject to groundwater monitoring pursuant to

this Part.

5)

 All treated effluent discharged to waters of the

State shall meet the requirements of 35

 Ill.

 Adm.

Code 309.

6)

 The treatment system shall be operated by an

operator certified under the requirements of 35

Ill. Adm. Code 312.

d)

 Standards for leachate storage systems:

1)

 The leachate storage facility must be able to

store a minimum of at least five days’ worth of

accumulated leachate at the maximum generation

rate used in designing the leachate drainage

system in accordance with Section 817.407.

The

minimum storage capacity may be built up over time

and in stages,

 so long as the capacity for five

consecutive days of accumulated leachate, during

extreme precipitation conditions,

 is available at

any time during the design period of the facility.

2)

 All leachate storage tanks shall be equipped with

secondary containment systems equivalent to the

protection provided by a clay liner 0.61 meter

(2

feet)

 thick having

 a permeability no greater than

io~

centimeters per second.

3)

 Leachate storage systems shall be fabricated from

material compatible with the leachate expected to

be generated and resistant to temperature

extremes.

4)

 The leachate storage system shall not cause or

contribute to a malodor.

87

e)

 Standards for discharge to an off-site treatment works:

1)

 Leachate may be discharged to an off-site

treatment works that meets the following

requirements:

A)

 All discharges of effluent from the treatment

works shall meet the requirements of 35 Ill.

Adm. Code 309.

B)

 The treatment system shall be operated by an

operator certified under the requirements of

35

 Ill.

 Adm.

 Code 312.

C)

 No more than 50 percent of the average daily

influent flow can be attributable to leachate

from the solid waste disposal facility.

Otherwise,

 the treatment works shall be con-

sidered a part of the solid waste disposal

facility.

2)

 The operator

 is responsible for securing

permission from the off—site treatment works for

authority to discharge to the treatment works.

3)

 All discharges to a treatment works shall meet the

 requirements of 35

 Ill.

 Adm. Code 307 and 310.

4)

 Pumps, meters,

 valves and monitoring stations that

control and monitor the flow of leachate from the

unit and which are under the control of the opera-

tor shall be considered part of the facility and

shall be accessible to the operator at all times.

5)

 Leachate shall

 be allowed to flow into the

sewerage system at all times; however,

 if access

to the treatment works is restricted or

anticipated to be restricted for longer than five

days,

 an alternative leachate management system

shall be constructed in accordance with subsection

(c)

 of this Section.

6)

 Where

 leachate is not directly discharged into a

sewerage system, the operator shall provide

storage capacity sufficient to transfer all

leachate to an off—site treatment works.

The

storage system shall meet the requirements of

subsection

(d)

 of this Section.

f)

 Leachate monitoring:

88

1)

 Representative samples of leachate shall be col-

lected from each unit and tested in accordance

with subsection

 (f) (2)

 of this Section at a

frequency of once per quarter.

 The frequency of

testing may be changed to once per year for any

monitored constituent,

 if it is not detected in

 the leachate for four consecutive quarters.

However,

 if such a constituent is detected in the

leachate, testing frequency shall return to a

quarterly schedule and the constituent added to

the groundwater monitoring program requirements of

Section 817.415.

 In such case,

 the testing

frequency shall remain on a quarterly schedule

until such time as the monitored constituent has

remained undetected for four additional quarters.

2)

 Leachate and discharges of leachate from units

shall be monitored for constituents determined by

the characteristics of the waste to be disposed of

in the unit.

 They shall

 include,

 at a minimum:

A)

pH;

B)

 Annually, the MALCs

 listed in Section 817.106

and the constituents listed in Section

8l7.Appendix A of this Part;

C)

 Any other constituents listed in the opera-

tor’s NPDES discharge permit, pursuant to 35

Ill. Adm. Code 304,

 or required by a publicly

owned treatment works, pursuant to 35

 Ill.

Adm. Code 307 and 310; and

D)

 All of the indicator constituents chosen in

accordance with Section 817.415(a) (2) (B) and

used by the operator for groundwater

monitoring.

3)

 The operator shall also monitor the leachate head

within each unit.

g)

 Time of operation of the leachate management system:

1)

 The operator shall collect and dispose of leachate

 for a minimum period of

 5 years after closure

until treatment is no longer necessary.

2)

 Treatment is no longer necessary if the leachate

constituents do not exceed the wastewater effluent

standards in 35

 Ill. Adm. Code 304.124,

 304.125,

and 304.126.

89

h)

 If the results of testing of leachate samples

 in accor-

dance with subsection

(f)

 above show that the leachate

exceeds the limits for low risk waste as defined in

Section 817.106, the operator shall:

1)

 notify the Agency in writing of this finding

within 10 days following the finding;

2)

 verify the exceedence by taking additional samples

within

 45 days after the initial observation;

3)

 report the results of the verification sampling to

the Agency within 60 days after the initial

observation;

4)

 determine the source of the exceedence which may

include, but not be limited to, the waste itself,

natural phenomena,

 sampling or analysis errors, or

an offsite source within 90 days after the initial

observation; and

5)

 notify the Agency

 in writing of a confirmed

exceedence and provide the rationale used in such

a determination within ten days after the

determination.

i)

If,

 as a result of further testing of the leachate and

 the background groundwater and analysis using the 35

Ill. Adm. Code 811.320(e)

 statistical procedure,

 it is

determined that the facility leachate exceeds the

Section 817.106 limits for low risk waste,

 the facility

shall:

1)

 no longer be subject to the low risk waste

landfill requirements of Subpart C of this Part;

and

2)

 be subject to the requirements for chemical waste

landfills of 35

 Ill.

 Adm. Code 814.302.

 Leachate sampling and analysis shall be completed in

accordance with the standards of

35

 Ill. Adm. Code

817.414(e) (1),

 (e) (3),

 (e) (4), and

 (e) (5).

Section 817.410

 Final Cover System

a)

 The unit shall be covered by a final cover consisting

of a low permeability layer overlain by a final

protective layer constructed in accordance with the

requirements of this Section.

b)

 Standards for the

 low permeability layer:

90

1)

 Construction of

 a low permeability layer shall

begin not later than 60 days after placement of

the final lift of solid waste.

2)

 The low permeability layer shall cover the entire

unit and connect with the liner system.

3)

 The low permeability layer shall consist of any

one of the following:

A)

 A compacted earth layer constructed in accor-

dance with the following standards:

i)

 The minimum allowable thickness shall be

0.61 meters

 (2.0 feet).

ii)

 The layer shall be compacted to achieve

a permeability of 1x107 centimeters per

second and minimize void spaces.

iii) Alternative specifications may be util-

ized provided that the performance of

the low permeability layer is equal to

or superior to the performance of a

layer meeting the requirements of

subsections

 (b) (3) (A) (i) and

(b) (3) (A) (ii)

 above.

B)

 A geomembrane constructed in accordance with

the following standards:

i)

 The geomembrane shall provide

performance equal or superior to the

compacted earth layer described in

subsection

 (b) (3) (A)

 above.

ii)

 The geomembrane shall have strength to

withstand the normal stresses imposed by

the waste stabilization process.

iii) The geomembrane shall be placed over a

prepared base free from sharp objects

and other materials which may cause

damage.

C)

 Any other low permeability layer construction

techniques or materials, provided that they

provide equivalent or superior performance to

the requirements of this subsection.

c)

 Standards for the final protective layer:

91

1)

 The final protective layer shall cover the entire

low permeability layer.

2)

 The thickness of the final protective layer shall

be sufficient to protect the low permeability

layer from freezing and minimize root penetration

of the low permeability layer, but shall not be

less than 0.46 meter

 (1.5 feet).

3)

 The final protective layer shall consist of soil

material capable of supporting vegetation.

4)

 The final protective layer shall be placed as soon

as possible after placement of the low

permeability layer to prevent desiccation,

cracking, freezing or other damage to the low

permeability layer.

Section 817.411

 Hydrogeoloqic Site Investigations

a)

 Purpose.

 The operator shall conduct a hydrogeologic

investigation to develop hydrogeologic information for

the following uses:

1)

 Provide information to perform a groundwater

impact assessment;

and

2)

 Provide information to establish a groundwater

monitoring system.

b)

 General requirements:

1)

 The investigation shall be conducted in a minimum

of three phases prior to submission of any

application to the Agency for a permit to develop

and operate a landfill facility.

2)

 The study area shall consist of the entire area

occupied by the facility and any adjacent areas,

if necessary for the purpose of the

hydrogeological investigation set forth

in

subsection

(a)

 above.

3)

 All borings shall be sampled continuously at all

recognizable points of geologic variation, except

where non—continuous sampling can provide equiva-

lent information, samples shall be obtained at

intervals no greater than 1.52 meters

 (five feet)

in homogeneous strata.

c)

 Minimum requirements for a Phase

 I investigation:

92

1)

 The operator shall conduct a Phase

I

 investigation

to develop the following information:

A)

 Climatic aspects of the study area;

B)

 The regional and study area geologic setting,

including a description of the geomorphology

and stratigraphy of the area;

C)

 The regional groundwater regime including

water table depths and aquifer characteris-

tics; and

D)

 Information for the purpose of designing a

Phase II hydroqeologic investigation.

2)

 Specific requirements:

A)

 The regional hydrogeologic setting of the

unit shall be established by using material

available from all possible sources,

including,

 but not limited to, the Illinois

State Water Survey, the Illinois Geological

Survey, the Agency,

 other State and Federal

organizations, water well drilling logs,

and

previous investigations.

B)

 A minimum of one continuously sampled boring

shall be drilled on the site,

 as close as

feasible to the geographic center, to deter-

mine if the available regional hydrogeologic

setting information is accurate and to

characterize the site-specific hydrogeology

to the extent specified by this phase of the

investigation.

 The boring shall extend at

least

 15.2 meters

 (50 feet)

 below the bottom

of the uppermost aquifer or through the full

depth of the confining layer below the

uppermost aquifer,

 or to bedrock,

 if the

bedrock is below the upper most aquifer,

whichever elevation is higher.

 The locations

of any additional borings required under this

subsection may be chosen by the investigator,

but shall be sampled continuously.

d)

 Minimum requirements for a Phase II hydrogeologic

investigation

 (Phase II investigation):

1)

 Information to be developed.

 Using the

information developed in the Phase

 I survey,

a

Phase II investigation shall be conducted to

collect the site-specific information listed below

93

as needed to augment data collected during the

Phase

 I investigation and to prepare for the Phase

III investigation:

A)

 Structural characteristics and distribution

of underlying strata, including bedrock;

B)

 Chemical and physical properties including,

but not limited to,

 lithology, mineralogy,

and hydraulic characteristics of underlying

strata,

 including those below the uppermost

aquifer;

C)

 Soil characteristics,

 including soil types,

distribution, geochemical and geophysical

characteristics;

D)

 The hydraulic conductivities of the uppermost

aquifer and all strata above

it;

E)

 The vertical extent of the uppermost aquifer;

and

F)

 The direction and rate of groundwater flow.

2)

 Specific requirements:

A)

 One boring shall be located as close as

feasible to the topographical high point, and

another shall be located as close as feasible

to the topographical low point of the study

area.

B)

 At least one boring shall be at or near each

corner of the site.

 Where the property is

irregularly shaped, the borings shall be

located near the boundary in a pattern and

spacing necessary to obtain data over the

entire study area.

C)

 Additional borings may be located at inter-

mediate points at locations and spacings

necessary to establish the continuity of the

stratigraphic units.

D)

 Piezometers and groundwater monitoring wells

shall be established to determine the direc-

tion and flow characteristics of the ground-

water in all strata and extending down to the

 bottom of the uppermost aquifer.

 Groundwater

samples taken from such monitoring wells

shall be used to develop preliminary

94

information needed for establishing

background concentrations in accordance with

subsection

 (e) (1) (G)

 of this Section.

E)

 Other methods may be utilized to confirm or

accumulate additional information.

 Such

methods may be used only as a supplement to,

not in lieu of, site—specific boring informa-

tion.

 Other methods include, but are not

limited to, geophysical well logs,

geophysical surveys,

 aerial photography, age

dating, and test pits.

e)

 Minimum standards for a Phase III investigation:

1)

 Using the information developed during the Phase

I

and Phase II investigations,

 the operator shall

conduct a Phase III investigation.

 This

investigation shall be conducted to collect or

augment the site-specific information needed to

carry out the following:

A)

 Verification and reconciliation of the in-

formation collected in the Phase

 I and II

investigations;

B)

 Characterization of potential pathways for

contaminant migration;

C)

 Correlation of stratigraphic units between

borings;

D)

 Continuity of petrographic features

 including,

 but not limited to,

 sorting, grain

size distribution, cementation and hydraulic

conductivity;

E)

 Identification of zones of potentially high

hydraulic conductivity;

F)

 Identification of the confining layer,

if

present;

G)

 Concentrations of chemical constituents

present in the groundwater and expected to

appear

 in the leachate below the unit, down

to the bottom of the uppermost aquifer, using

a broad range of chemical analysis and

detection procedures,

 such as gas

chromatographic and mass spectrometric

scanning.

 However, additional measurements

and procedures shall be carried out to

95

establish background concentrations,

in

accordance with Section 817.416(d),

 for any

constituent which is listed in Section

817.106

 (MALC5)

 or Section 817.Appeñdix A of

this Part and which is expected to appear in

the leachate;

H)

 Characterization of the seasonal and

temporal, naturally and artificially induced,

variations in groundwater quality and

groundwater flow; and

I)

 Identification of unusual or unpredicted

geologic features,

 including:

 fault zones,

fractures traces,

 facies changes, solution

channels, buried stream deposits, cross

 cutting structures and other geologic

features that may affect the ability of the

operator to monitor the groundwater or

predict the impact of the disposal facility

on groundwater.

2)

addition

the

specific

requirements

applicable to Phase

 I and II investigations, the

operator shall collect information needed to meet

the minimum standards of a Phase III investigation

by using methods that may include,

 but are not

limited to, excavation of test pits,

 additional

borings located at intermediate points between

boreholes placed during Phase

 I and II

investigations, placement of piezometers and

monitoring wells, and institution of procedures

for

sampling

and

analysis.

f)

 The operator may conduct the hydrogeologic

investigation in any number of alternative ways

provided that the necessary information is collected in

a systematic sequence consisting of at least three

phases that is equal to or superior to the

investigation procedures of this Section.

Section 817.412

 Plugging and Sealing of Drill Holes

All drill holes,

 including exploration borings that are not con-

verted into monitoring wells, monitoring wells that are no longer

necessary to the operation of the site,

 and other holes that may

cause or facilitate contamination of groundwater shall be sealed

 in accordance with the following standards:

a)

 If not sealed or plugged immediately, the drill hole

shall be covered to prevent injury to people or

animals.

96

b)

 All drill holes no longer intended for use shall be

back-filled with materials that are compatible with the

geochemistry of the site

and

with

the

leachate

 suf-

ficient quantities and in such a way as to prevent the

creation of a pathway for contaminants to migrate.

c)

 For drill holes

 in gravels and other permeable strata

where a watertight seal

 is not necessary to prevent the

creation of pathway, drill cuttings and other earthen

u~aterialsmay be utilized as backfill.

d)

 All excess drilling mud, oil, drill cuttings, and any

other contaminated materials uncovered during or

created by drilling shall be disposed of

 in accordance

with the requirements of 35

 Ill. Adm. Code 700 through

749,

 807, and 809 through 815.

e)

 The operator shall restore the area around the drill

hole to its original condition.

Section 817.4 13

 Groundwater Impact Assessment

The impacts of the seepage of leachate from the unit shall be

assessed in a systematic fashion using the techniques described

in this Section.

a)

 Procedures for performing the groundwater impact

 assessment:

1)

 The operator shall estimate the amount of seepage

from

the

unit

during

operations

which

assume:

A)

 That the minimum design standards for slope

configuration, cover,

 liner,

 leachate

drainage, and collection system apply; and

B)

 That the actual design standards planned for

the unit apply.

 Other designs for the unit

may be used if determined by the operator to

be appropriate to demonstrate the impacts to

groundwater.

2)

 The concentration of constituents in the leachate

shall be determined from actual

 leachate samples

from the waste or similar waste,

 or laboratory—

derived extracts.

3)

 The operator shall estimate the capability of the

geology and hydrology beneath the unit to meet the

groundwater quality standards of Section 817.416

the

edge

the

zone

 of attenuation.

The

97

estimate shall be made in accordance with the

following:

A)

 Determine the aquifer conductivity and

gradient using the hydrogeologic information

collected pursuant Section 817.411.

 If the

aquifer conductivity is 1x105 cm/sec or less,

no further groundwater impact assessment is

 required;

B)

 Develop a conceptual groundwater flow model

of the site to determine the soil units

through which leachate constituents may

migrate;

C)

 Determine the organic carbon content for soil

units through which the leachate constituents

may migrate;

D)

 Determine the retardation factor

for

constituents

 of interest based on traditional

hydrogeological methods;

E)

 Determine MALC values for constituents of

interest required to achieve compliance with

the applicable groundwater quality standards

specified at Section 817.416;

Compare

the

calculated

MALC

values

the

leachate values for the expected waste

streams to determine whether compliance with

groundwater standards can be met.

b)

 Acceptable groundwater impact assessment.

The

groundwater impact shall be considered acceptable if

the leachate values for the expected waste streams are

less than the MALC values calculated in accordance with

subsection 817.413(a) (3) (F).

Section 817.414

 Design, Construction and Operation of

Groundwater Monitoring Systems

a)

 All potential sources of discharges to groundwater

within the facility,

 including,

 but not limited to, all

waste disposal units and the leachate management

system,

 shall be identified and studied through a

 network of monitoring wells operated during the active

life of the unit and for the time after closure

specified

accordance

with

 Section 817.415.

Monitoring wells designed and constructed as part of

the monitoring network shall be maintained along with

98

records that include,

 but are not limited to, exact

well location, well size, type of well,

 the design and

construction practice used in its installation and well

and screen depths.

b)

 Standards for the location of monitoring points:

1)

 A network of monitoring points shall be

established,

 at sufficient locations downgradient

with respect to groundwater flow and not excluding

the downward direction, to detect any discharge of

contaminants from any part of a potential source

of discharge.

2)

 Monitoring wells shall be located

 in stratigraphic

horizons that could serve as contaminant migration

pathways.

3)

 Monitoring wells shall be established as close to

the potential source of discharge as possible

without interfering with the waste disposal

operations,

 and within half the distance from the

edge of the potential source of discharge to the

edge of the zone of attenuation downgradient, with

respect to groundwater flow,

 from the source.

4)

 The network of monitoring points of several poten-

tial sources of discharge within a single facility

may be combined into a single monitoring network,

provided that discharges from any part of all

potential sources can be detected.

5)

 A minimum of at least one monitoring well shall be

established

the

edge

 the zone of attenuation

and shall

 be located downgradient from the unit

with respect to groundwater flow,

 and not

excluding the downward direction.

 Such well or

wells shall be used to monitor any statistically

significant increase

 in the concentration of any

constituent,

 in accordance with Section 817.416(e)

and shall be used for determining compliance with

an applicable groundwater quality standard of

Section 817.416.

 An observed statistically

significant increase above the applicable

groundwater quality standards of Section 817.416

in a well located at or beyond the compliance

boundary shall constitute a violation.

c)

 Maximum allowable predicted concentrations.

 For the

purposes of this Part,

 the maximum allowable predicted

concentration

 (MAPC)

 for each monitored constituent

shall be determined as follows:

99

1)

 MAPCs for those constituents with a MALC

identified as a primary standard shall be

background plus 10 percent of the

MALC.

 MAPCs

for

those constituents with a MALC identified as a

secondary standard shall be background plus 50

percent of the

MALC.

The

MAPCs

calculated in this

subsection shall be applicable within the zone of

attenuation.

2)

 For those constituents listed in Section

817 .Appendix A of this Part,

the

MAPC

shall be the

practical quanit.ation limit

 (PQL)

or,

 if the

constituent’s background concentration exceeds the

PQL,

 the MAPC shall be the background constituent

concentration.

d)

 Standards for monitoring well design and construction:

1)

 All monitoring wells shall be cased in a manner

that maintains the integrity of the borehole.

The

casing material shall be inert

 so as not to affect

the water sample.

 Casing requiring solvent—cement

type coupling shall not be used.

2)

 Wells shall be screened to allow sampling only at

the desired interval.

 Annular space between the

borehole wall and well screen section shall be

packed with gravel sized to avoid clogging by the

material

 in the zone being monitored.

 The slot

size of the screen shall be designed to minimize

clogging.

 Screens shall be fabricated from

material expected to be inert with respect to the

 constituents of the groundwater to be sampled.

3)

 Annular space above the well screen section shall

be sealed with a relatively impermeable,

expandable material such as a cement/bentonite

grout, which does not react with or in any way

affect the sample,

 in order to prevent

contamination of samples and groundwater and avoid

interconnections.

 The seal shall extend to the

highest known seasonal groundwater level.

4)

 The annular space shall be back-filled with

expanding cement grout from an elevation below the

frost line and mounded above the surface and

sloped away from the casing so as to divert

surface water away.

5)

 The annular space between the upper and lower

seals and in the unsaturated zone may be back

filled with uncontaminated cuttings.

100

6)

 All wells shall be covered with vented caps and

equipped with devices to protect against tampering

and damage.

7)

 All wells shall be developed to allow free entry

of water, minimize turbidity of the sample,

and

minimize clogging.

8)

 The transmissivity of the zone surrounding all

well screens shall be established by field testing

techniques.

9)

 Other sampling methods and well construction tech-

niques may be utilized if they meet the water well

construction standards of 77

 Ill.

 Adm. Code 920 or

if the Agency has issued a written approval.

e)

 Standards for Sample Collection and Analysis

1)

 The groundwater monitoring program shall include

consistent sampling and analysis procedures to

assure that monitoring results can be relied upon

to provide data representative of groundwater

quality in the zone being monitored.

2)

 The operator shall utilize procedures and tech-

niques to insure that collected samples are

representative of the zone being monitored and

that prevent cross contamination of samples from

other monitoring wells or from other samples.

At

least 95 percent of a collected sample shall

consist of groundwater from the zone being

monitored.

3)

 The operator shall establish a quality assurance

program that provides quantitative detection

limits and the degree of error for analysis of

each chemical constituent.

4)

 The operator shall establish

 a sample preservation

and shipment procedure that maintains the

reliability of the sample collected for analysis.

5)

 The operator shall institute a chain of custody

procedure to prevent tampering and contamination

of the collected samples prior to completion of

analysis.

6)

At

 a minimum,

 the operator shall sample the

following parameters at all wells at the time of

101

sample collection and immediately before filtering

and preserving samples for shipment:

A)

 The elevation of the water table;

B)

 The depth of the well below ground;

C)

PH;

D)

 The temperature of the sample; and

E)

 Specific conductance.

Section 817.415

 Groundwater Monitoring Programs

a)

 Detection monitoring program:

Any use of the term “maximum allowable predicted

concentration” or “MAPC”

 in this Section is a reference

to Section 817.414(c),

 as defined in Section 811.102.

The operator shall implement a detection monitoring

program in accordance with the following requirements:

1)

 Monitoring schedule and frequency:

A)

 The monitoring period shall begin as soon as

waste

 is placed into the unit of a new land-

fill or within one year after August

1,

1994

for an existing landfill. Monitoring shall

continue for a minimum period of five years

after closure or,

 in the case of landfills,

other than those used exclusively for

disposing waste genrated at the site,

a

minimum of fifteen years after closure.

The

operator shall sample all monitoring points

for all potential sources of contamination on

a quarterly basis except as specified in

subsection

 (a) (3)

 of this Section or may

institute more frequent sampling throughout

 the time the source constitutes a threat to

groundwater.

 For the purposes of this

Section, the source shall be considered a

threat to groundwater if the results of the

monitoring indicate that the concentrations

of any of the constituent monitored within

the zone of attenuation are above the MAPC

for that constituent.

B)

 Beginning five years after closure of the

unit,

 or five years after all other potential

sources of discharge no longer constitute a

threat to groundwater,

 as defined in subsec—

102

tion

 (a) (1) (A) above, the monitoring

frequency may change on a well by well basis

to an annual schedule if either of the

conditions listed in subsection

 (a) (1) (B) (i)

or

 (a) (1) (B) (ii)

 of this Section exist.

However, monitoring shall return to a

quarterly schedule at any well where a

statistically significant increase is deter-

mined to have occurred in accordance with

Section 817.416(e),

 in the concentration of

any constituent with respect to the previous

sample.

i)

 All constituents monitored within the

zone of attenuation have returned to a

concentration less than or equal to ten

percent of the MAPC;

or

ii)

 All constituents monitored within the

zone of attenuation are less than or

equal to their MAPC for eight consecu-

tive quarters.

C)

 Monitoring shall be continued for a minimum

period of five years after closure or,

 in the

case of landfills,

 other than those used

exclusively for disposing waste generated at

the site,

 a minimum period of fifteen years

after closure.

 Monitoring,

 beyond the

minimum period, may be discontinued under the

following conditions:

i)

 No statistically significant increase is

detected in the concentration of any

constituent above that measured and

recorded during the immediately

preceding scheduled sampling for three

consecutive years,

 after changing to an

annual monitoring frequency; or

ii)

 Immediately after contaminated leachate

is no longer generated by the unit.

2)

 Criteria for choosing constituents to be

monitored:

A)

 The operator shall monitor each well for con-

stituents that will provide a means for

detecting groundwater contamination.

Constituents shall be chosen for monitoring

if they meet the following requirements:

103

i)

 The constituent appears in,

 or is

expected to be in, the leachate; and

ii)

 The Board has established a groundwater

quality standard at 35 Ill. Adm. Code

620, or the constituent may otherwise

 cause or contribute to groundwater

contamination.

B)

 One or more indicator constituents,

representative of the transport processes of

constituents in the leachate, may be chosen

for monitoring

 in place of the constituents

it represents.

 The use of such indicator

constituents must be included in an Agency—

approved permit.

3)

 Organic chemicals monitoring:

A)

 The operator shall monitor each existing well

that

 is being used as part of the monitoring

well

network

 at the facility within one year

after August

1,

 1994,

 and monitor each new

well within three months after its

establishment.

The

monitoring

required

this subsection shall be for the organic

chemicals listed

 in Section 817.Appendix A of

this Part.

 The analysis shall be at least as

sensitive as the procedures provided at 40

CFR 141.40

 (1992), incorporated by reference

at 35 Ill.

 Adm. Code 810.104.

B)

 At least once every two years, the operator

shall monitor each well in accordance with

subsection

 (a) (3) (A)

 of this Section.

4)

 Confirmation of monitored increase:

A)

 The confirmation procedures of this Section

shall be used only if the concentrations of

the constituents monitored can be measured at

 or above the practical quantitation limit

(PQL).

 The PQL is defined as the lowest

concentration

that

can

 be reliably measured

within specified limits of precision and

accuracy under routine laboratory operating

conditions.

 The operator shall institute the

confirmation procedures of subsection

(a) (4) (B)

 after notifying the Agency in

writing, within 10 days,

 of the following

observed increases:

104

i)

 The concentration of any constituent

monitored in accordance with subsection

(a) (1)

and

 (a) (2)

 of this Section shows

a progressive increase over four

consecutive quarters;

ii)

 The concentration of any constituent

exceeds the

MAPC

at an established

monitoring point within the zone of

attenuation;

iii) The ccncentration of any constituent

monitored in accordance with subsection

(a) (3)

 of this Section exceeds the

preceding measured concentration at any

established monitoring point; and

iv)

 The concentration of any constituent

monitored at or beyond the zone of

attenuation exceeds the applicable

groundwater quality standards of Section

817.416.

B)

 The confirmation procedures shall include the

following:

i)

 The operator shall verify any observed

increase by taking additional samples

within 45 days after the initial

observation and ensure that the samples

and sampling protocol used will detect

any statistically significant

 increase

in the concentration of the suspect

constituent in accordance with 35 Ill.

Adm. Code 811.320(e),

 so as to confirm

the observed increase.

 The operator

shall notify the Agency of any confirmed

increase before the end of the next

business day following the confirmation.

The verification procedure shall be

completed within 90 days after the

initial sampling event.

ii)

 The operator shall determine the source

of any confirmed increase, which may

include, but shall not be limited to,

natural phenomena,

 sampling or analysis

errors,

 or an off—site source.

iii)

 The operator shall notify the Agency in

writing of any confirmed increase and

state the source of the confirmed

105

increase and provide the rationale used

in such a determination within ten days

after the determination.

b)

 Assessment monitoring.

 The operator shall begin an

assessment monitoring program in order to confirm the

source of the contamination and to provide information

needed to carry out a groundwater impact assessment in

accordance

with

subsection

(c)

 of this Section.

The

assessment monitoring program shall be conducted in

accordance with the following requirements:

1)

 The assessment monitoring shall be conducted to

collect information to assess the nature and

extent of groundwater contamination, which shall

consist of,

 but not be limited to, the following

steps:

A)

 More frequent sampling of the wells

 in which

the observation occurred;

B)

 More frequent sampling of any surrounding

wells;

C)

 The placement of additional monitoring wells

to determine the source and extent of the

contamination;

D)

 Monitoring of additional constituents to

determine the source and extent of con-

tamination; and

E)

 Any other investigative techniques that will

assist in determining the nature and extent

of the contamination.

2)

 The operator of the facility for which assessment

monitoring is required shall file the plans for an

assessment monitoring program with the Agency.

If

the facility

 is permitted by the Agency, then the

plans shall be filed for review as a significant

permit modification pursuant to 35

 Ill.

 Adm. Code

813.Subpart B.

 The assessment monitoring program

shall be implemented within 90 days after

confirmation of any monitored increase in

 accordance with subsection

 (a) (4)

 of this Section

or,

 in the case of permitted facilities, within 90

days after the Agency approval.

 The assessment

monitoring program shall be filed with the Agency

within 20 days after an observed increase, as

defined in Section 817.415 (a) (4) (B) (iii).

106

3)

 If the analysis of the assessment monitoring data

shows that the concentration of one or more con-

stituents, monitored at or beyond the zone of

attenuation,

 is above the applicable groundwater

quality standards of Section 817.416 and is

attributable to the solid waste disposal facility,

the operator shall determine the nature and extent

of the groundwater contamination,

 including an

assessment of the continued impact on the

groundwater should additional waste continue to be

accepted at the facility, and shall implement

remedial action in accordance with subsection

(d)

of this Section.

4)

 If the analysis of the assessment monitoring data

shows that the concentration of one or more con-

stituents is attributable to the solid waste dis-

posal facility and exceeds the MAPC within the

zone of attenuation, then the operator shall

conduct a groundwater impact assessment in

accordance with the requirements of subsection

(c)

of this Section.

c)

 Assessment of potential groundwater impact.

An

operator required to conduct a groundwater impact

assessment in accordance with subsection

 (b) (4)

 of this

Section shall assess the potential impacts outside the

zone of attenuation that may result from confirmed

increases above the MAPC within the zone of attenua-

tion,

 attributable to the facility,

 in order to

determine if there

 is need for remedial action.

1)

 The operator shall utilize any new information

developed since the initial assessment and

information from the detection and assessment

monitoring programs and such information shall be

used to develop a groundwater contaminant

transport (GCT)

 model

 in accordance with 35 Ill.

Adm. Code 811.317(c);

and

2)

 The operator shall submit the groundwater impact

assessment, GCT modeling and results, and any

proposed remedial action plans determined

necessary pursuant to subsection

(d)

 to the Agency

within 180 days after the start of the assessment

monitoring program.

d)

 Remedial action:

1)

 The operator shall submit plans for the remedial

action to the Agency.

 Such plans and all

supporting information including data collected

107

during the assessment monitoring shall be

submitted within 90 days after determination of

either of the following:

A)

 The groundwater impact assessment performed

in accordance with subsection

 (c),

 indicates

that remedial action

 is needed; or

B)

 Any confirmed increase above the applicable

groundwater quality standards of Section

817.416 is determined to be attributable to

the solid waste disposal facility in

accordance with subsection

 (b).

2)

 If the facility has been issued

 a permit by the

Agency, then the operator shall submit this

information as an application for significant

modification to the permit.

3)

 The operator shall implement the plan for remedial

action within 90 days after the following:

A)

 Completion of the groundwater impact

assessment under subsection

(C)

 that requires

remedial action;

B)

 Establishing that a violation of an

applicable groundwater quality standard of

Section 817.416

 is attributable to the solid

waste disposal facility in accordance with

subsection

 (b) (3) above;

or

C)

 Agency approval of the remedial action plan,

where the facility has been permitted by the

Agency.

4)

 The remedial action program shall consist of one

or a combination of the following solutions to

meet the requirements of subsection

 (d) (5)

 of this

Section

 in a timely and appropriate manner:

A)

 Retrofit additional groundwater protective

measures

 within the unit;

B)

 Construct an additional hydraulic barrier,

such as a cutoff wall or slurry wall system;

C)

 Pump and treat the contaminated groundwater;

or

108

D)

 Any other Agency approved equivalent

technique which will prevent further

contamination of groundwater.

5)

 Termination of the remedial action program:

A)

 The remedial action program shall continue in

accordance with the plan until monitoring

shows that the concentrations of all

monitored constituents are below the NAPC

within the zone of attenuation, and below the

applicable groundwater quality standards of

Section 817.416 at or beyond the zone of

attenuation, over a period of

 4 consecutive

quarters.

B)

 The operator shall submit to the Agency all

information collected under subsection

(d) (5) (A).

 If the facility is permitted, the

operator shall submit this information as an

application for significant modification of

the permit.

Section 817.416

 Groundwater Quality Standards

a)

 Applicable groundwater quality standards:

1)

 Groundwater quality shall be maintained at each

constituent’s applicable groundwater quality

standard at or beyond the zone of attenuation.

 The applicable groundwater quality standard estab-

lished for any constituent shall be:

A)

 The Board established standard;

B)

 The Board-established standard adjusted by

the Board in accordance with the

justification procedure of subsection

(b)

of

this Section; or

C)

 For those constituents where no Board

established standard exists, the background

concentration.

2)

 Any statistically significant increase above an

applicable groundwater quality standard

established pursuant to subsection

 (a) (1) that is

attributable to the facility and which occurs at

or beyond the zone of attenuation within 100 years

after closure of the last unit accepting waste

within such a facility shall constitute a

violation.

109

3)

 For the purposes of this Part:

A)

 “Background concentration” means that

concentration of a constituent that is

established as the background in accordance

with subsection

 (d).

B)

 “Board-established standard” is the con-

centration of a constituent adopted by the

Board as a groundwater quality standard under

35

 Ill. Adm.

 Code 620.

b)

 Justification for adjusted groundwater quality

standards:

1)

 An operator may petition the Board for an adjusted

groundwater quality standard

 in accordance with

the procedures specified in Section 28.1 of the

Act and

 35 Ill.

 Adm. Code 106.410 through 106.416.

2)

 For groundwater which contains naturally occurring

constituents which do not meet the standards of 35

Ill. Adm. Code 620, the Board will specify

adjusted groundwater quality standards, upon a

demonstration by the operator that:

A)

 The groundwater does not presently serve as a

source of drinking water;

B)

 The change in standards will not interfere

with,

 or become injurious to, any present or

potential beneficial uses for such waters;

C)

 The change in standards is necessary for

economic or social development,

 by providing

information including,

 but not limited to,

the impacts of the standards on the regional

economy, social disbenefits such as loss of

jobs or closing of landfills,

 and economic

analysis contrasting the health and

environmental benefits with costs likely to

be incurred in meeting the standards;

and

D)

 The groundwater cannot presently,

 and will

not

 in the future,

 serve as a source of

drinking water because:

i)

It

 is impossible to remove water in

usable quantities;

ii)

 the groundwater

 is situated at

 a depth

or location such that recovery of water

110

for drinking purposes is not

technologically feasible or economically

reasonable;

iii) The groundwater is so contaminated that

it would be economically or

technologically impractical to render

that water fit for human consumption;

iv)

 The total dissolved solids content of

the groundwater is more than 3,000 mg/i

and the water will not be used to serve

a public water supply system; or

v)

 The total dissolved solids content of

the groundwater exceeds 10,000 mg/i.

c)

 Determination of the zone of attenuation.

1)

 The zone of attenuation, within which

concentrations of constituents in leachate

discharged from the unit may exceed the applicable

groundwater quality standard of this Section,

 is a

volume bounded by a vertical plane at the property

boundary or 100 feet from the edge of the unit,

whichever is

 less,

 extending from the ground

surface to the bottom of the uppermost aquifer and

excluding the volume occupied by the waste.

2)

 Zones of attenuation shall not extend to the

annual high water mark of navigable surface

waters.

3)

 Overlapping zones of attenuation from units within

a single facility may be combined into a single

zone for the purposes of establishing a monitoring

network.

d)

 Establishment of background concentrations:

1)

 The initial monitoring to determine background

 concentrations shall commence during the

hydrogeological assessment required by Section

817.411.

 The background concentrations for those

parameters identified in Sections 817.411(e) (1) (G)

and 817.415(a) (2) and

 (a) (3)

 shall be established

based on quarterly sampling of wells for one year,

monitored in accordance with the requirements of

subsections

 (d) (2),

 (d) (3), and

 (d) (4)

 of this

Section, which may be adjusted during the

operation of a facility.

 Statistical tests and

111

procedures shall be employed,

 in accordance with

subsection

(e)

 below, depending on the number,

type and frequency of samples collected from the

wells, to establish the background concentrations.

Adjustments to the background concentrations shall

be made only if changes in the concentrations of

constituents observed in upgradient wells over

time are determined,

 in accordance with subsection

(d) (3)

 below, to be statistically significant.

Background concentrations determined in accordance

with this subsection shall be used for the

purposes of establishing groundwater quality

standards,

 in accordance with subsection

(a)

above.

 The operator shall prepare a list of

background concentrations established

in

accordance with this subsection.

 The operator

shall maintain such a list at the facility,

 shall

submit a copy of the list to the Agency for

establishing standards in accordance with

subsection

 (a), and shall provide updates to the

list within ten days after any change to the list.

2)

 A network of monitoring wells shall be established

upgradient from the unit, with respect to

groundwater flow,

 in accordance with the following

standards,

 in order to determine the background

concentrations of constituents in the groundwater:

A)

 The wells shall be located at such a distance

that discharges of contaminants from the unit

will not be detectable but will be

representative of groundwater immediately

upgradient of the unit;

B)

 The wells shall be sampled at the same

frequency as other monitoring points to

provide continuous background concentration

data, throughout the monitoring period; and

C)

 The wells shall be located at several depths

to provide data on the spatial variability.

3)

 A determination of background concentrations may

include the sampling of wells that are not

hydraulically upgradient of the waste unit where:

A)

 Hydrogeologic conditions do not allow the

owner or operator to determine what wells are

hydraulically upgradient of the waste; and

B)

 Sampling at other wells will provide an

indication of background concentrations that

112

is representative of that which would have

been provided by upgradient wells.

4)

 If background concentrations cannot be determined

on site, then alternative background

concentrations may be determined from actual

monitoring data from the aquifer of concern,

obtained from sample points located as close as is

reasonably possible to the site.

e)

 Statistical analysis of groundwater monitoring data:

1)

 Statistical tests shall be used to analyze

groundwater monitoring data.

 One or more of the

normal theory statistical tests listed in

subsection

 (e) (4)

 below shall be chosen first for

analyzing the data set or transformation of the

data set.

 Where such normal theory tests are

demonstrated to be inappropriate, tests listed in

subsection

 (e) (5)

or

 a test in accordance with

subsection

 (e) (6)

 shall be used.

 For any

statistical test chosen from subsections

 (e) (4)

or

(e) (5), the level of significance

 (Type

 1 error

level)

 shall

 be no less than 0.01,

 for individual

well comparisons,

 and no less than 0.05,

for

multiple well comparisons.

 The statistical

analysis shall include, but not be limited to, the

accounting of data below, the detection limit of

 the analytical method used,

 the establishment of

background concentrations and the determination of

whether statistically significant changes have

occurred in:

A)

 The concentration of any chemical constituent

with respect to the background concentration

or MAPC; and

B)

 The established background concentration of

any chemical constituents over time.

2)

 The statistical test or tests used shall be based

upon the sampling and collection protocol of

Sections 817.414 and 817.415.

3)

 Monitored data that are below the level

of

detection shall be reported as not detected

 (ND).

The level of detection for each constituent shall

be the minimum concentration of that constituent

which can be measured and reported with 99 percent

confidence that the true value is greater than

zero,

 which is defined as the method detection

limit

 (MDL).

 The following procedures shall be

113

used to analyze such data, unless an alternative

procedure in accordance with subsection

 (e) (6),

is

shown to be applicable:

A)

 Where the percentage of nondetects in the

data base used is less than 15 percent, the

operator shall replace NDs with the MDL

divided by two, then proceed with the use of

one or more of the Normal Theory statistical

tests listed in subsection

 (e) (4);

B)

 Where the percentage of nondetects in the

data base or data transformations used is

between 15 and 50 percent, and the data are

normally distributed, the operator shall use

Cohen’s adjustment to the sample mean and

standard deviation,

 followed by one or more

of the tests listed in subsection

 (e) (4) (C)

of this Section.

 However, where data are not

normally distributed, the operator shall use

an applicable nonparametric test from

subsection

(e) (5);

C)

 Where the percentage of nondetects in the

database used is above 50 percent, then the

owner or operator shall use the test of pro-

portions listed

 in subsection

 (e) (4).

4)

 Normal theory statistical tests:

A)

 Student t-test including,

 but not limited to,

Cochran’s Approximation to the Behren—Fisher

(CABF)

 t-test and Averaged Replicate

 (AR)

 t—

test.

B)

 Parametric analysis of variance

 (ANOVA) fol-

lowed by one or more of the multiple compari-

son procedures including,

 but not limited to,

Fisher’s Least Significant Difference

 (LSD),

Student Newman-Kuel procedure, Duncan’s New

Multiple Range Test and Tukey’s W procedure.

C)

 Control Charts, Prediction Intervals and

Tolerance Intervals,

 for which the type

I

error levels shall be specified by the Agency

 in accordance with the requirements of 35

Ill.

 Adm. Code 724.197(i).

5)

 Nonparametric statistical tests shall include:

Mann-Whitney U-test, Kruskal-Wallis test,

 a non-

parametric analysis of variance

 (ANOVA)

for

114

multiple comparisons or the Wilcoxon Rank Sum

test.

6)

 Any other statistical test based on the distribu-

tion of the sampling data may be used,

 if it

is

demonstrated to meet the requirements of 35 Ill.

Adm. Code 724.197(i).

Section 817.417

 Waste Placement

a)

 Phasing of operations:

1)

 Waste disposal operations shall move from the

lowest portions of the unit to the highest por-

tions.

 Except as provided in subsection

 (a) (2)

of

this Section, the placement of waste shall begin

in the lowest part of the active face of the unit,

located in the part of the facility most

downgradient with respect to groundwater flow.

2)

 The operator may dispose of wastes in areas other

than those specified in subsection

 (a) (1) only

under any of the following conditions:

A)

 Climatic conditions,

 such as wind and

precipitation, are such that the placement of

waste

 in the bottom of the unit would cause

water pollution,

 litter, damage to any part

 of the liner or damage to equipment;

B)

 The topography of the land surrounding the

unit makes the procedure of subsection

 (a) (1)

environmentally unsound,

 for example, because

steep slopes surround the unit;

C)

 When groundwater monitoring wells,

constructed in accordance with the

requirements of 35

 Ill. Adm. Code 811.319,

are placed 50 feet or less downgradient from

the filled portions of the unit;

or

D)

 Equipment required for placement is temporar-

ily unavailable.

b)

 Initial waste placement:

1)

 Construction, compaction and earth moving

equipment shall be prohibited from operating

directly on the leachate collection piping system

until a minimum of five feet of waste has been

placed over the system.

115

2)

 Construction, compaction and earth moving

equipment shall be prohibited from operating

directly on the leachate drainage blanket.

 Waste

disposal operations shall begin at the edge of the

drainage layer by carefully pushing waste out over

the drainage layer.

3)

 An initial layer of waste,

 a minimum of five feet

thick, shall be placed over the entire liner as

soon as is practicable after construction, but

prior to the onset of weather conditions that may

cause the compacted earth liner to freeze.

4)

 Waste shall not be placed over areas that are sub-

ject to freezing conditions until the liner has

been inspected,

 tested,

 and reconstructed

(if

necessary)

 to meet the requirement of 35 Ill. Adm.

Code 811.306.

Section 817.418

 Final Slope and Stabilization

a)

 All final slopes shall

 be designed and constructed to a

grade capable of supporting vegetation and which

minimizes erosion.

b)

 All slopes shall

 be designed to drain runoff away from

the cover and which prevents ponding.

 No standing

water shall

 be allowed anywhere

 in or on the unit.

c)

 Vegetation:

1)

 vegetation shall be promoted on all reconstructed

surfaces to minimize wind and water erosion of the

final protective cover;

2)

 Vegetation shall be compatible with the climatic

conditions;

3)

 Vegetation shall require little maintenance;

4)

 Vegetation shall consist of a diverse mix of

native and introduced species that is consistent

with the postclosure land use;

5)

 Vegetation shall be tolerant of the landfill gas

expected to be generated;

6)

 The root depth of the vegetation shall not exceed

the depth of the final protective cover system;

and

116

7)

 Temporary erosion control measures, including but

 not limited to mulch straw, netting and chemical

soil stabilizers,

 shall be undertaken while

vegetation is being established.

d)

 Structures constructed over the unit:

1)

 Structures constructed over the unit must be com-

patible with the land use;

2)

 Such structures must in no way interfere with the

operation of a cover system,

 leachate collection

system or any monitoring system.

Section 817.419

 Load Checking

a)

 The operator shall not accept wastes for disposal at an

offsite low risk waste landfill unless it is

accompanied by documentation that such wastes are low

risk wastes based on testing of the leachate from such

wastes performed in accordance with the requirements of

Section 817.103.

b)

 The operator shall institute and conduct a random load

checking program at each low risk waste facility in

accordance with the requirements of 35 Ill. Adm. Code

811.323, except that this program shall also be

designed to:

1)

 detect and discourage attempts to dispose non—low

risk wastes at the landfill;

2)

 require the facility’s inspector to examine at

least one random load of solid waste delivered to

the landfill on a random day each week; and

3)

 require the operator to test one randomly selected

waste sample in accordance with Section 817.103 (a)

and

(b)

 to determine if the waste is low risk.

C)

 The operator shall include the results of the load

checking in the Annual Report submitted to the Agency

in accordance with 35 Ill. Adm. Code 815.Subpart C for

non-permitted facilities.

SUBPART

E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section 817.501

 Scope and Applicability

All structures necessary to comply with the requirements of this

Part shall be constructed according to a construction quality

117

assurance program that, at a minimum, meets the requirements of

35 Ill. Adm.

 Code Bll.Subpart

E.

Section 817.Appendix A

 Organic Chemical Constituents List

1.

 Acenaphthene

2.

 1,2,4—Trichlorobenzene

3.

 2,4,6—Trichlorophenol

4.

 2—Chiorophenol

5.

 2, 4—Dichlorophenol

6.

 2, 4—Dimethylphenol

7.

 Fluoranthene

8.

 Trichiorofluoromethane

9.

 Naphthalene

10.

 Nitrobenzene

11.

 4—Nitrophenol

12.

 2, 4—Dinitrophenol

13.

 4,6-Dinitro-o-cresol

14.

 n-Nitrosodiphenylamine

15.

 Pentachlorophenol

16.

 Phenol

17.

 bis—(2—ethylhexyl) phthalate

18.

 Butyl benzyl phthalate

19.

 Di-n-butyl phthalate

20.

 Di—n—octyl phthalate

21.

 Dimethyl phthalate

22.

 Benzo

 (a) anthracene

23.

 Chrysene

24.

 Acenaphthene

25.

 Anthracene

26.

 Fluorene

27.

 Phenanthrene

28.

 Pyrene

29.

 Formaldehyde

30.

 Formic acid

31.

 Methanol

32.

 Methyl ethyl ketone

33.

 Methyl isobutyl ketone

34.

 Carbon disulfide

35.

 Isobutanol

36.

 Pyridine

37.

 Chloroform

38.

 Methylene chloride

39.

 Methyl chloride

40.

 Paraldehyde

41.

 Chioroacetaldehyde

42.

 Phorate

43.

 Phosphorodithioic acid

44.

 Phosphorodithioic acid esters

45.

 Toluene diisocyanate

46.

 Urethane

118

47.

 Maleic anhydride

48.

 Benzo(a)pyren~

49.

 Cresol

50.

 Acetaldehyde

-

51.

 Phthalic acid esters

52.

 Acetone

53.

 Benzoic acid

54.

 2-Methylnaphthalene

55.

 sec-Butylbenz~ne

56.

 Diethylbenzen~s

57.

 Dimethylnaphthalenes

58.

 p-Ethyltoluene

59.

 n—Hexane

60.

 Isopropylbenzene

61.

1-

 & 2-Methylhaphthalene

62.

 1,2,4-Trimethylbenzene

63.

 1,3,5-Trimethylbenzene

64.

 t-Butylbenzene

IT IS SO ORDERED.

E. Dunham abstained.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board, do hereby certify

 at the above order was adopted on the

 day of ___________________________,

 1994,

 by a vote of

Dorothy M.

 Gu,rfn,

Clerk

Illinois Po1i~yftionControl Board