ILLINOIS POLLUTION CONTROL BOARD
June 23,
1994
IN THE MATTER OF:
)
)
STEEL
AND
FOUNDRY INDUSTRY
)
R90-26
(Docket B)
AMENDMENTS TO THE LANDFILL
)
(Rulemaking)
REGULATIONS
(35 Ill. Adm.
)
Code 817.309)
)
Proiosed Rule.
Second Notice.
OPINION
AND
ORDER OF THE BOARD
(by R.C.
Fleinal):
By order of March 31,
1994 in this matter, the Board
separated out one section from the then pending steel and foundry
industry landfill rules for the purposes of sending that section
to first notice.
The section in question,
35 Ill. Adm. Code
817.309, had been first introduced into the record subsequent to
first-notice adoption of the rest of the steel and foundry
industry proposal.
By today’s action the Board adopts Section
817.309 for second notice.
The Board’s responsibility in this matter arises from the
Environmental Protection Act
(Act)
(415 ILCS 5/1 et seq.
(1992)).
The Board is charged therein to “determine, define and implement
the environmental control standards applicable in the State of
Illinois”
(415 ILCS 5/5(b)).
More generally,
the Board’s
rulemaking charge is based on the system of checks and balances
integral to Illinois environmental governance:
the Board bears
responsibility for the rulemaking and principal adjudicatory
functions, whereas the Illinois Environmental Protection Agency
(Agency)
is responsible for carrying out the principal
administrative duties.
The latter’s duties include administering
any regulation that may result from the instant proceeding.
DISCUSSION
This matter concerns the proposed addition of a new Section
to the regulations governing landfilling of wastes from the steel
and foundry industries,
as proposed in Docket R90-26(A)1.
The
R90-26(A) rules were proposed by the Illinois Steel Group and the
Illinois Cast Metal Association (collectively as SFG) under the
premise that certain wastes generated by the steel and foundry
1
In the Matter of: Steel and Foundry Industry Amendments to
the Landfill Regulations
(35 Ill. Adm. Code 810 throu~h185 and
817) R90-26 Docket A.
Docket R90—26(A)
is currently under review
by the Joint Committee on Administrative Rules.
—2—
industries are sufficiently distinct from other regulated
nonhazardous wastes that some unique provisions governing their
disposal are warranted.
During the first-notice pendency of the R90-26(A)
rules, the
Board posed the question of whether the then existing standards
of the location of potentially usable waste
(PUN)
landfills were
adequate.
The SFG responded2 in part by proposing new Section
817.309, the subject of today’s action.
The instant matter was set to first notice by Board order of
March 31, l994~publication occurred at 18 Ill. Reg. 6246,
April
29,
1994.
The first-notice comment period ended on June 13,
1994.
Four first—notice public comments were received, number PC
#25 though PC #28.
In PC #25 Browning-Ferris Industries expresses it belief
that proposed Section 817.309 is “an important step in the right
direction” of “ensuring
that steel and foundry industry wastes
are disposed of in environmentally protective facilities”.
PC #26, filed by Waste Management Inc.
—
Midwest (WMI),
consists of a request for a Board determination of the need for
groundwater impact assessments under 35 Iii. Adm. Code 811.302.
Although
WMI
correctly observes that today’s proposed Section
817.309 is modeled after Section 811.302, the applicability of
the two sections is not the same.
The
WMI
request is accordingly
inappropriate in the instant action.
PC #27, filed by the Illinois Department of Commerce and
Community Affairs
(DECCA),
is DECCA’s determination that the
instant proposal does not impact small businesses.
In PC #28 the SFG proposed to amend the first-notice
language at 817.309(b)
as follows:
b)
No part of a unit shall be located within the
recharge zone or within 366 meters (1200 feet),
vertically or horizontally, of that Dortion of a
cleolocTical formation containinci Class I or Class
III e~
~
as defined at 35 Ill. Adm.
Code Part 620, unless there is
a stratum between
the bottom of the waste disposal unit and the top
2
The interested person is directed to the Board’s opinion
and order of this same date in Docket B for a full discussion of
the location standards provision.
~ In the Matter of: Steel and Foundry Industry Amendments ~
the Landfill Reciulations
(35 Ill. Adm. Code 817.309) R90—26
Docket B,
—
PCB
—,
March 31,
1994.
—3—
of the aquifer that meets the following minimum
requirements:
The Board believes that this proposal generally addresses
the concerns the Board expressed in its first notice opinion
regarding use of “aquifer” within this subsection.
The Board
accordingly accepts these conceptual changes.
However, the Board does make two modifications for the
purposes of additional clarity.
The first is to replace
“geological formation” with “stratigraphic unit”.
A “formation”
is a term of art within the geologic profession that has a narrow
definition based on parameters generally unrelated to groundwater
considerations.
Conversely,
“stratigraphic unit”
is a general
term applicable to any distinguishable body of earth materials.
The latter is the meaning desired.
The second change
is to replace the second occurrence of
“aquifer” with the phrase “Class I or Class III groundwater”.
This change is consistent the first deletion of “aquifer” and,
in
the replacement phrase, provides the added clarity that it is the
top of the Class I or Class III groundwater4 that is of interest.
The result is to amended Section 817.309(b)
as follows:
b)
No part of a unit shall be located within the
recharge zone or within 366 meters
(1200 feet),
vertically or horizontally, of that portion of a
straticiraphic unit containing Class
I or Class III
~
as defined at 35 Ill.
Adin. Code
Part 620, unless there is a stratum between the
bottom of the waste disposal unit and the top of
the aquifcrClass
I or Class III groundwater that
meets the following minimum requirements:
These constitute the only changes made today to the proposal as
adopted at first notice.
ORDER
The Board hereby directs that second notice of the following
proposed amendment to the landfill regulations be submitted to
the Joint Committee on Administrative Rules.
The Board notes that,
for the purposes of the instant order
only,
all provisions that have been added since first notice are
~ The Board notes that as of this date no groundwaters have
yet been classified as Class III groundwaters.
—4—
indicated by redlining, and that all provisions that have been
deleted since first notice are indicated by strike-throughs.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER i:
SOLID WASTE
AND
SPECIAL WASTE HAULING
PART 817
REQUIREMENTS FOR
NEW
STEEL AND FOUNDRY INDUSTRY WASTES LANDFILLS
SUBPART
A:
GENERAL
REQUIREMENTS
Sect
ion
817.101
Scope and Applicability
817.103
Determination of Waste Status
817.104
Sampling Frequency
817.105
Waste Classification
817.106
Waste Classification Limits
817.107
Waste Mining
SUBPART
B:
STANDARDS
FOR
MANAGEMENT
OF
BENEFICIALLY
USABLE
STEEL
AND
FOUNDRY
INDUSTRY
WASTES
Section
817.201
Scope and Applicability
817.202
Limitations on Use
817.203
Notification
817.204
Long-Term Storage
SUBPART
C:
STEEL
AND
FOUNDRY
INDUSTRY
POTENTIALLY
USABLE
WASTE
LANDFILLS
Section
817.301
Scope and Applicability
817.302
Design Period
817.303
Final Cover
817.304
Final Slope and Stabilization
817.305
Leachate Sampling
817.306
Load Checking
817.307
Closure
817.308
Nuisance Precautions
817.309
Facility Location
SUBPART D:
NEW
STEEL
AND
FOUNDRY INDUSTRY LOW RISK WASTE
LANDFILLS
Section
817.401
Scope and Applicability
817.402
Facility Location
817.403
Design Period
817.404
Foundation and Mass Stability Analysis
817.405
Foundation Construction
817.406
Liner Systems
817.407
Leachate Drainage System
—5—
817.408
817.409
817.410
817.411
817.412
817.413
817.414
817.415
817.416
817.417
817.418
817.4
19
Leachate Collection System
Leachate Treatment and Disposal System
Final Cover System
Hydrogeologic Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact Assessment
Design, Construction and Operation of Groundwater
Monitoring Systems
Groundwater Monitoring Programs
Groundwater Quality Standards
Waste Placement
Final Slope and Stabilization
Load Checking
SUBPART
E:
CONSTRUCTION
QUALITY
ASSURANCE
PROGRAMS
Section
817.501
Scope and Applicability
Section
817.Appendix A Organic Chemical Constituents List
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22,
22.17,
28.1,
and authorized by Section 27 of the Environmental Protection Act
(Ill. Rev. Stat.
1991,
ch.
111½, pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1 and 1027
(415 ILCS 5/5,
5/21,
5/21.1, 5/22,
5/22.17,
5/28.1, and 5/27).
SOURCE:
Adopted in R90—26(A)
at 18
Ill.
Reg.
________
effective
____________________;
amended in R90—26(B)
at 18 Ill.
Reg.
________
Section 817.309
effective
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 me00~~~•s
(1
feet),
Yertica
‘x...
or
horizontally, of
that
portion ~
a
stratigraphi~
w~t
Containing
Class I or Class III aquifcryroundwater as
defined
at 35 Ill.
Adin. Code Part 620, unless there is
a stratum between the bottom of the waste disposal unit
and the top of the
aquifcr~ia~
X
or Ciass
XXZ
~roundwater
that meets the following minimum
requ
ireinents:
1)
The stratum has a minimum thickness of 15.2 meters
(50 feet);
2)
The maximum hydraulic conductivity in both the
horizontal and vertical directions is no more than
—6—
1 x l0~centimeters per second,
as determined by
in situ borehole or equivalent tests;
3)
There is no indication of continuous sand or silt
seams,
faults,
fractures or cracks within the
stratum that may provide parts for migration; and
4)
Age dating of extracted water samples from both
the aquifer and the stratum indicates that the
time of travel for water percolating downward
through the relatively impermeable stratum is no
faster than 15.2 meters
(50 feet)
in 100 years.
C)
Subsection
(b)
shall not apply to units that accept
only beneficially useable waste.
d)
A facility located within 152 meters (500 feet)
of the
right
of
way
of
a
township
or
county
road
or
state
or
interstate
highway
shall have its operations screened
from
view
by
a
barrier
of
natural
objects,
fences,
barricades, or plants no less than
2.44
meters
(8
feet)
in height.
e)
No part of a unit shall be located closer than 152
meters
(500 feet) from an occupied dwelling, school, or
hospital that was occupied on the date when the
operator first applied for a permit to develop the unit
or the facility containing the unit, unless the owner
of such dwelling, school, or hospital provides
permission to the operator,
in writing, for a closer
distance.
IT IS SO ORDERED.
Member Emmett E. Dunham,
II abstains.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby ce~tifythat the ab
opinion and order was
adopted on the~~—-~-day of
_______________,
1994, by a vote
of
f~.
~U,
~
~-bth
M. Q~nn,Clerk
Illinois Pê/lution
Control Board