ILLINOIS POLLUTION CONTROL BOARD

April 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)

)

Proposed rule.

Second notice.

OPINION

AND

ORDER OF THE BOARD

(by R. C. Flemal):

On September 23,

1993, the Board adopted a second first

notice proposed opinion and order in this regulatory proceeding.

The proposed regulations appeared in the Illinois Register

published on October 15,

1993.

(See

Ill.

Req.

17644 et seq.)

The Board adopted a supplemental opinion and order on March 31,

1994 and opened a two—week comment period to allow interested

persons to review and comment on the Board’s perspective of the

proposed regulations.

Today’s Second Notice action is taken for

the purpose of submitting the proposal to the Legislature’s Joint

Committee on Administrative Rules

(JCAR),

as required by the

Administrative Procedures Act.

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 any regulation that may stem from the instant

proceeding.

Today’s proposal includes all the changes discussed in the

Board’s second first notice supplemental opinion of March

31,

1994.

In addition, the Board has made a few minor changes in

response to comments on the supplemental opinion and order.

These additional changes are discussed in this opinion.

A

discussion of all the other changes in today’s proposal, and a

detailed procedural history, may be found in the Board’s

supplemental opinion.

The Board has not discussed those

commenters’ recommendations/suggestions that are not accepted in

today’s regulations.

---

2

DISCUSSION

-

-

GENERAL

As noted above, the Board issued a supplemental opinion

concerning the second first notice regulations to address the

merits of the proposed steel and foundry industry amendments to

the landfill regulations.

The supplemental opinion included a

number of changes that were being considered by the Board for

inclusion in the second notice proposal.

The Board opened a two—

week comment period and requested interested persons to provide

comments on the supplemental opinion.

The Board received

comments from the Agency

(PC. 22)

and from the Illinois Steel

Group and the Illinois Cast Metals Association (collectively as

SFG)

(PC.

23).

A review of the public comments indicates that,

for the most

part, both the proponents

(SFG)

and the Agency are supportive of

the language revisions included in the supplemental opinion.

However, the commenters express concern regarding a few specific

revisions.

In addressing these concerns, the Board has made some

additional changes in today’s proposal for second notice.

The

Board has also corrected some typographical errors.

All the

substantive changes made in response to comments on the

supplemental opinion are discussed in a Section—by Section

format.

SFG MOTION TO STRIKE COMMENTS

On April 14,

1994, SFG filed a motion to strike the public

comment filed by Waste Management, Inc.

(WMI)

on November 30,

1993,

(P.C.

18).

SFG asserts that

WMI

did not serve SFG with a

copy of the comments as required by 35 Ill.

Adni.

Code 103.320,

that WMI’s comments “resulted in substantive revisions by the

Board” to the rule,

and that SFG was unable to address

WMI’s

issues “at subsequent bearings with additional evidence or

testimony to support the originally proposed language”.

The Board notes that SFG has not served

WNI

with its motion,

so that there is no point

in the Board’s waiting for the 7-day

response time provided in Section

101.241 to elapse before

addressing the motion.

The motion to strike is denied.

Any

prejudice which SFG has originally suffered from failure to

receive the comment has been cured by the opportunity to comment

on the Board’s March 31 supplemental opinion which addresses

those comments.

As noted above, SFG has filed a comment

(P.C.

23), and has not requested that the Board hold any additional

hearings.~

1

The last hearing was held in this matter on November 19,

1993, so that SFG did not “miss” an opportunity to address the

November 30 comment at a scheduled hearing.

---

3

DISCUSSION

--

PART 814 AMENDMENTS

Scope and APDlicabilitv Requirements for Existing Steel and

Foundry landfills

(Sections 814.601,

814.701, and 814.901)

The Agency’s comments note that the leachate testing

requirements at Sections 814.601(c) (2), 814.701(c) (2), and

814.901(c) (2) must specify ASTM Method D3987-85 which is

appropriate for leachate extraction.

(PC.

22.)

The Board notes

that the language changes proposed in the supplemental opinion

requires leachate to be extracted in accordance with the

procedures of 35 Ill.

Adm. Code 817.103(a), which includes ASTM

methods for waste sampling and leachate extraction.

In order to

clarify the proposed requirements, the Board has specified the

appropriate ASTM method for leachate extraction under Sections

814.601,

814.701, and 814.901.

Standards for Low Risk Waste Landfills That Must Initiate Closure

Within Seven Years

(Section 814.702)

The SFG’s comments express concern regarding the changes

proposed by the Board to Section 814.702(b)

that prohibit new

waste stream authorizations.

(PC. 23.)

In proposing this

change, the Board noted that the SFG had not provided any

justification for allowing the acceptance of new special waste

streams at units that are required to close within seven years.

Further, the Board stated that the proposed language at Section

814.702(b) (2) was not clear, since there was no criteria to

determine that additional waste streams are of

a “similar and

compatible makeup” to wastes previously disposed in the unit.

The SFG argues that allowing additional waste streams from

the steel and foundry industries would not result in problemsome

releases from landfills.

In this regard, the SFG notes that the

waste streams are tested for leaching characteristics prior to

disposal to ensure that they meet the limits for low risk wastes.

Further, the SFG states that the primary reason that a facility

would seek a new waste stream authorization is to allow the

disposal of a waste stream resulting from a process change.

upon consideration of SFG’s comments, the Board finds that

it is acceptable to allow the authorization of a new waste stream

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.

The Board has made language changes in today’s proposal

at Section 814.702(b) to allow the authorization of additional

waste streams.

---

4

Operating Standards for Existing Potentially Usable Waste

(PUW)

Landfills (Section 814.902)

The Agency has questioned the leachate testing requirement

proposed at Section 814.902(b), which allows the use of core

samples in lieu of actual leachate samples.

(PC.

22.)

Specifically, the Agency states that it fails to understand the

benefit gained from undertaking additional core sampling since

such requirement is already specified at Section 814.901(c) (2).

The Board notes that the leachate testing requirement under

Section 814.901 is intended for the upfront determination of the

landfill classification.

However, the proposed requirement at

Section 814.902(b)

is an alternative to the operational standard

specified at 35 Ill. Adm. Code 817.305(a).

Therefore, the Board

will retain the proposed leachate testing standard at Section

814.902(b)

with minor changes that reflect the specification of

the appropriate ASTM method for leachate extraction.

DISCUSSION

-—

PART 817

ScoDe and Applicability

(Section 817.101)

The Agency states that the proponents have not provided any

testimony to suggest that there are any “captive steel and iron

manufacturers” in Illinois and that the slags from such captive

operations are the same as those produced at plants with SIC Code

331.

(PC.

22.)

In view of this,

the Agency recommends that the

Board delete references to “steel processes” and SIC Code “331”

at Section 817.101(a) (2).

The Board agrees with the Agency in

that the record addresses only “captive foundries” and not

“captive steel manufacturers”.

(Tr5.

at 56-58.)

Therefore, the

Board deletes references to captive steel processes at Section

817.101(a) (2).

ORDER

The Board hereby directs that second notice of the following

proposed amendments to the landfill regulations be submitted to

the Joint Committee on Administrative Rules.

The Board notes

that all provisions that are modified with respect to the second

first notice proposal are indicated by redlining.

Underlining and strikeouts are employed in the conventional

manner.

That is, underlining signifies text that is being

proposed for addition to existing text;

strikeouts indicate

existing text that is being proposed for deletion.

Since Part

817 is entirely new,

it contains neither underlining or

strikeouts.

---

5

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

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

807.214

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

Authority, Policy and Purposes

Repeals

Severability

Definitions

Relation to Other Rules

SUBPART

B:

SOLID WASTE PERMITS

Development Permits

Operating Permits

Experimental Permits

Former Authorization

Applications for Permit

Permit Conditions

Standards for Issuance

Permit No Defense

Permit Revision

Supplemental Permits

Transfer of Permits

Permit Revocation

Design, Operation and Maintenance Criteria

Revised Cost Estimates

SUBPART C:

SANITARY LANDFILLS

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

---

6

807.315

807.316

807.317

807.318

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

Section

807.600

807.601

807.602

807.603

807 .604

807.605

807.606

807.620

807.621

807.622

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

Purpose,

Scope and Applicability

Requirement to Obtain Financial Assurance

Time for Submission of Financial Assurance

Upgrading Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeal

Release of the Operator

Current Cost Estimate

Cost Estimate for Closure

Cost Estimate for Postclosure Care

Biennial Revision of 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 A Trust Agreement

Illustration B Certificate of Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Section

807.501

807.502

807.503

807. 504

807.505

807.506

807.507

807.

508

807.509

807.523

807.524

---

7

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.

19891,

ch.

111k, pars.

1005, 1021.1,

1022 and 1027

1415

ILCS 5/5,

5/21.1,

and 5/221).

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

Iii. Reg.

13198; emergency amendment in R84-22A at

9

Ill. Reg.

741,

effective January

3,

1985 for a maximum of 150 days;

amended in

R84—22B at

9

Ill. Reg.

6722,

effective April 29,

1985; amended in

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; amended in R90—26 at 18

Ill. Reg.

,

effective

NOTE:

Capitalization denotes statutory language.

SUBPART A:

GENERAL PROVISIONS

Section 807.105

Relation to Other Rules

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.

Adin.

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

---

8

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

---

9

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.

1989

ch.

11l~,

pars.

~

1021

1~2~l

1022,

1022

17 and 1027

,t41~

~

~

~

~

~

p47,,

~

.

.

.

SOURCE:

Adopted in R88-7 at 14 Ill.

Reg.

15838, effective

September 18,

1990;

amended in R90-26 at

18 Ill.

Reg.

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.

1989,

ch. 1l1~,pars.

1001 et.

seq.):

“Act” means the Environmental Protection Act,

Ill.

Rev.

Stat.

1989,

ch. 11l~,pars.

1001 et.

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.

---

10

“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.

1989,

ch.

111k, par.

7453).)

“Bedrock” means the solid rock formation immediately

underlying any loose superficial material such as soil,

alluvium or glacial drift.

“~~et~ial~y

u~~b1ew~e’~~

~y

~o~44 waste from

th?~tee1

and

fbündry:~:industries

that.

will

not

4e~oc~s~

~oloa~LcaUv~

~urn.

~eri~e

as

food

for

~vëotrs...tørm•

a•~gas1

~:Càuse

an.. :odor~..~.or

~

a

.ieachate

t.1~cç~tainsc9~st~t~çnts

t~1~

~xceed

t~e

limits

for

thiS~tYPe

of

.waste•as

specified.

at

35

I•.i•l.

Adm.

Code

8

.

.

.

“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.

---

11

“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

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.

“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

---

12

pressure, above which moisture is released by gravity

drainage.

any

additives necessary for

use

of

the

sand

in

the

~

~

~i~t

4oe~~

~

fr~ç~v

process

by—products

as

air

pollution

control

dust

or

.

“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 by 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)

“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

---

13

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 ela~r

“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 of this Part and 35

Ill.

Adin.

Code 811 through 815,

a 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 a unit or part of a facility in or on

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.

“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”

.

~ne~n~any sç~.id

.

waste from

the

steel

and foundry industries that will not decompose

bioloçg~1.1y1~~urn~.

~erveas~oo~

~

form a

gas

cause an odor. or form a leachate that contains

çonstitue~~th~t

e~cc~ed

the limits for this

type

of

waste as specified at 35 Iii. 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”).)

“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

---

14

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 the

effective date of this Part;

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 Part; or

It is a landfill with a unit whose maximum design

capacity or lateral extent is increased after the

effective date of this Part.

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.

“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.

“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,

---

15

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.)

the

Steel

and

foundry

inthistries that ~willnot

4Q~p4~5~1

~4~~N1

~

~ectorsr

form

a

gas1

cause

an

odor~or form

a

leachate

~batcQn~x~

~

t~t e~ce~c*

~e

~n~S

~

this type

of

waste

as

specified

at

~5

Ill.

Adm.

Code

“Professional engineer” means a person who has

registered and obtained a seal pursuant to “The

Illinois Professional Engineering Act”

(Ill. Rev. Stat

1989,

ch. 111,

par.

5101 et seq.).

“Professional land surveyor” means a person who has

received a certificate of registration and a seal

pursuant to “The Land Surveyors Act”

(Ill.

Rev.

Stat.

1989,

ch.

111, par. 3201 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.

---

16

“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.

“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

---

17

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;

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;

---

18

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.

1’~lg~~’

m~pr$

~e

~

~

~eoprates

ir~

the iron and

.

steel

production

and floats

on the surface

of

the Ti~o1ten

mçtai.

“Sole source aquifer” means those aquifers designated

pursuant

to

Section

1424(e)

of the Safe Drinking Water

Act

of

1974,

(42

U.S.C

300h—3).

“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 to 35 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.

“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

---

19

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

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).

---

20

2i

American

Institute

of

Certified

Public

Accountants.

1211

Avenue

of the Americas, New

York.

NY

10036:

Auditing

Sta

1990 Edition

Institute of

ndards--Current Text, August

1,

,

available through the American

Ccrtificd Public Aacountant~,

1211 Avcnuc of the Amcriaao, Now York, NY

10036.

~J..

ASTM.

American Society for Testing and Materials.

1976

Race

Street.

Philadelphia,

PA

19103

215/299—5585:

Method D2234—76,

Ititle of method to be

provided by the ~roponents1.

Method D3987-85. ~tandaTc~TestMcthod

~o:

Shake Extraction of Solid Waste with Wati

b)

This incorporation includes no later amendments or

editions.

(Source:

Amended at

18

Ill.

Reg.

_________,

effective

---

21

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

811.201

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

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

Section

811.101

811. 102

811.103

811.104

811.105

811. 106

811. 107

811. 108

811. 109

811. 110

811.111

Scope and Applicability

Location

Standards

Surface

Water

Drainage

Survey Controls

Compaction

Daily Cover

Operating Standards

Salvaging

Boundary Control

Closure and Written Closure Plan

Postclosure Maintenance

SUBPART

B:

INERT

WASTE

LANDFILLS

---

22

811. 316

811.317

811.

3 18

811.319

811.320

811.321

811.322

811.323

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

SUBPART D:

MANAGEMENT

OF

SPECIAL

WASTES

AT

LANDFILLS

Section

811.401

811.402

811.403

811. 4

04

811.405

811.406

Scope

and

Applicability

Notice

to

Generators

and

Transporters

Special Waste Manifests

Identification Record

Recorakeeping Requirements

Procedures for Excluding Regulated Hazardous Wastes

SUBPART

E:

CONSTRUCTION QUALITY ASSURANCE PROGRAMS

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

811.7

12

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 of Financial Institution

Application of Proceeds and Appeals

Closure and Postclosure Care Cost Estimates

Revision of Cost Estimate

Mechanisms for Financial Assurance

Use of 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

---

23

811.Appendix

A

Financial Assurance Forms

Illustration A Trust Agreement

Illustration B Certificate of 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

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.

1989,

ch.

111?~, pars.

1005,

1021,

1021.1,

1022,

1022

17,

1028

1 and 1027

~

~

~

....

..........

.............................................................,.......

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 R90—26 at

18 Ill. Req.

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)

Thio Part shall not apply until one year after the

~

.~-1-~-

~

1andfillz~olcly

offooti....

aate

.JL

Ui’~

L~AL~L.

~U

new

-

r000iving the following wastes genei~u~u

~y

i..ue

following industries, provided that proposed

regulations of general applicability to that industry

category arc filed with the Board no later than

December

1, i9~O: weQtos generated by foundries and

Pry

-J

____________

Ill.

Adni.

Code

~uch1ctndfi1ls during the interim period of onc year

after the effective date of this Part.

This Part shall

---

24

~iateiy

arter

Dcc.

1,

1990

if

no

filed

by

that

date.

e+

All general provisions of 35 111.

Adm. Code 810 apply

to this Part.

(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 placed

except as otherwise provided

in 35

Ill. Adm. Code 817.

(Source:

Amended at 18 Ill.

Reg.

_________,

effective

)

---

25

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

1:

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

812

•

102

812.103

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

Scope

and

Applicability

Certification

by

Professional

Engineer

Application Fees

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 B:

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

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

---

26

812.312

812.313

812

•

314

812. 315

812.316

812. 317

812. 318

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.

1989,

ch. 111~,pars.

1005,

1021,

1021

1,

1022,

1022.17,

1028.1

and

1027

~41~~

~

?~

~.4

22.

2217

28.1 and 27~)

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.

1989,

ch.

111k, 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.

Adni.

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

---

27

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

---

28

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

1:

SOLID WASTE AND SPECIAL WASTE HAULING

PART

813

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 of 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

an 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

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

Section

813.301

813.302

813.303

813.304

813.305

---

29

SUBPART

E:

REPORTS TO BE FILED WITH THE AGENCY

Section

813.501

Annual Reports

813.502

Quarterly Groundwater Reports

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.

1989,

ch.

111k,

rs.

1005,

1021, 1021.1

1022

1022

17,

1028

1 and 1027

4I~

1~CS

54’~,.

~,,

~

~

~Z47

~

......,..........,................,..............,.....

..

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;

amended in R90—26 at 18 Ill.

Reg.

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.

1989,

ch. 111~,par.

1021(d)) and 35 Ill. Adm.

Code

811,

812, and 814 and 817

The procedures in this Part

apply to appliOàtions 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 Ill.

Adm. Code 810 apply

to this Part.

(Source:

Amended at 18

Ill. Reg.

_________,

effective

)

---

30

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

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

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

AND

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

AND

PUTRESCIBLE WASTES THAT MUST

INITIATE CLOSURE WITHIN

SEVEN

YEARS

Sect ion

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

---

31

Section

814.601

ScoPe and A~~licability

814.602

Applicable Standards

SUBPART G:

STANDARDS FOR EXISTING UNITS ACCEPTING

OILY

LOW

RISK

WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES

THAT MUST INITIATE

CLOSURE WITHIN

SEVEN YEARS

Section

814.701

Scope

and

Ap~licabilitv

814.702

Applicable Standards

SUBPART H:

STANDARDS FOR EXISTING UNITS ACCEPTING

ONLY POTENTIALLY 1~ABLESTEEL OR FOUNDRY INDUSTRY WASTE.

OR

ACCEPTING

LOW

~TSK STEEL OR FOUNDRY INDUSTRY WASTES

THAT MUST INITIATE CLOSURE WITHIN TWO YEARS

Section

814.801

ScoPe and Ap~licabjljty

814.802

Standards for Operation and Closure

~

P0N~I?ThLLY

DSA~L~

STEEL 0R FOt~ND~

1N1~UST~

WASTE

~

~

~.

.......

~

$~cope

and

ApplicabIlity

~14.9O2

standards

for Operation

and closure

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.

1989,

ch. l11~,pars.

1005,

1021,

1021 1,

1022,

1022 17,

1028

1 and 1027

14~5~

22, 22.11

28.1 and 27))

SOURCE:

Adopted in R88-7 at

14

Ill.

Reg.

15850, effective

September 18,

1990;

amended

in R90-26 at 18

Ill.

Req.

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 A~plicabilitv

~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

---

32

the Act. that have accepte’~or accept low risk ~

~

~

as

~

~*Jc

~

~

~

with

subsection ~

beltw

Based on an evaluation ~f

±~?1

~3

±~dpursuant

to

Subpart

A

of

this

Part and any Agency site inspection.

units that meet the

reauirements of this Subpart may remain open for an

indefinite period of

time

beyond

seven

Years

after

the

effective date of this Part.

~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~lv with

the

requirements of this Subpart are subiect to the

requirements of Subpart G or SubPart H of this Part.

~pndf

ill

unit

is a low r~sk

‘waste landfill unit

pursuant

unatteiniated landfill

leachate

obtained

in

obtained

from

the

e~istinaunit.

The

core samples

~

~

~

~987~85

specified

in

~

til.

Adm~node 83.7.1O~

(a)

~

$~t~d

~

~

~

classification pi~pOses.

(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 apply to units regulated under

this Subpart except the following:

fl

The location standards in 35

Ill.

Adm. Code

817.402(a)

and (d)

~j

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

817.410 shall not a~plvto units or parts of units

closed,

covered, and ve~etatedprior to the effec-

tive date of this Section

---

33

j).

The liner and leachate drainage and collection

requirements of 35

Ill. Adm. Code 817.406.

817.407,

and 817.408; and

~j..

The

hvdrogeoloaical

site

investigation

requirements

Of

35

Ill.

Athn.

Code 817.411, except that informa-

tion shall be collected to im~1ementa groundwater

monitoring Program in accordance with 35 Ill. Adm.

Code

817.414

and

817.415

and

establish

background

concentrations

for

the

purpose

of

establishing

tnaid~ttim

allowable

~edict~d

concentrations

pursuant

........

....

~J..

Units regulated under this Subpart shall be subiect to

the

following

standards:

J~j

The unit must be e~ip~edwith 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

~roundwater 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.

Ata

minimum,

such proof shall include a groundwater

j~n~ç~

~ss~s~nent ~çrfçrmed

i~i.açco~d~çç

wit~’i

35

Ill.

Adm.

Code 817.413

~

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

~

The postclosure care period shall be extended

by three years for each year the unit is

expected to be in operation up to the appli-

cable design period required by 35 Ill. Adm.

Code 817.

(For example, an existing unit with

expected

operating

lives

of three or seven

years after the effective date of this Part

would be required to provide financial assur-

ance during operation and for a postclosure

care period of either

15 years since

3 x

3

=

9

years

is less than the 15 year minimum spe-

cified in subsection

(b)

(3)

(A); or 20 vears~

---

34

since

3 x

7

=

21 years j~greater than the

20

years specified in Section 817.403(a), respec-

tivelv.)

(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

~I

The standards in this Subpart are applicable to all

existing units of landfills,

including those exempt from

permit reauirements in accordance with Section 21(d)

of

the Act

that have accepted or accept low risk wastes ~nd

~

~

~s~e

lai~4~~,

~

~,jthsubsection c~

below.

Based on an evaluation of

d~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

the effective date of

this Section.

~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.

landfill unit

is

a

low

risk

waste

landfill

unit

pursuant to

...

unattenuated landfill leachate obtained in

obtained_from the e~cistiria

unit.

The

core sampies

v~d~~y

~

~y

~

D3~81~85

specifIed in i~3Ill. Adm.

Code

8l7.lO~fa)

Ø~

~

~

~‘c~t~ ~

~

classification purposes.

(Source:

Added

at

18

Ill.

Reg.

________,

effective

Section 814.702

Applicable Standards

---

35

~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.

Adju.

Code

817 402(a)

(c)

and

~.

~

The

foundation

and

mass

stability

analysis

standards

in

35 Ill. Mm. Code 817.404 and 817.405

~j.

The final cover requirements of 35 Ill.

Adin.

Code

817.407 shall not apply to units or Parts of units

closed, covered,

and ve~etatedprior to the effec-

tive date of this Section

j),.

The liner and leachate drainage and collection

requirements of 35

Ill. Adm. Code 817.406,

817.407,

and 817.408

~J

The hvdrogeoloaical site investigation requirements

of

35 Ill. Adm. Code 817.411

~j

The aroundwater impact assessment standards of

35 Ill.

Adm. Code 817.413

21

The groundwater monitoring Pro~ramrequirements of

35

Ill. Adm. Code 817.~4l4(c);and

~J

The groundwater qualit.y standards of

35 Ill.

Adin.

Code 817.416(a),

(b).

and

(c).

~j

The following standards shall apply to units re~ulated

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 the effective date of this Section or,

in

the case of permit exemPt facilities, beyond the

area needed for landfjlljng to continue until

closure is initiated

21

~

~

~

..4~..

~

The

additional

waste

stream

com~ositi~

$iuliçart9

9r co~a~ib1ewtth.

the wa~

previously

disposed

in

the

unit;

and

---

36

*~

~

8l7.~1~3

~eets the ~artmum allowable leachina

~

~

~

~

ni.

Ad*.~Code

gi7~1O6.

~j

Groundwater

Standards.

A unit shall not contaminate

a source of drinking water at the compliance

boundary. defined as any point on the edge of the

unit at or below the pround surface.

At any point

on the compliance boundary, the concentration of

constituents shall not exceed the applicable

aroundwater ciuality standards of

35 Ill. Adm. Code

Part

620.

The Board may provide for

a zone of

attenuation and ad-lust the compliance boundary in

accordance with Section 28.1 of the Act and the

procedures

of

35

Ill.

Adm. Code 1O6.Subpart G upon

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:

~j

The hydroqeological 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

~j

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

111

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.

---

37

iL

Calculation of the Design Period.

For the purposes

of calculating financial assurance the design period

shall be calculated as follows:

~

The design period shall be no less than five

years; and

~

The

postclosure

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.

Adin. Code

817.

(For example, an existing unit with an

exPected life of three years after the effec-

tive date of this Part would be required to

provide financial assurance for nine years

of.

postclosure care,

9

=

3 x 3.)

(Source:

Added at 18

Ill. Reg.

effective

_______________________________________

)

SUBPART

H:

STANDARDS FOR EXISTING UNITS ACCEPTING

ç~.

POTENTIALLY

~

STEEL OR FOUNDRY INDUSTRY WASTE.

~1~1ACCEPTING

~L~W

~ISK 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 accent potentially usable waste only,

or

which accent low risk wastes.

,~j All units that cannot demonstrate compliance with the

requirements

of

Subparts B.

F,

or G of this Part,

or are

scheduled to begin closure within two years of the

effective date of this Section must begin closure within

two Years of the effective date of this Section.

A new permit shall not be required for any facility at

which all units will close within two Years of the

effective date of this Section.

(Source:

Added at 18 Ill. Reg.

________,

effective

_______________________________________

)

Section 814.802

Standards for Operation and Closure

~

All units regulated in this Subpart are subiect to all

requirements in 35 Ill.

Adm. Code 807.

---

38

~j

All units regulated under this Subpart are sub-ject to all

conditions of the existing permit.

(Source:

Added at 18 Iii. Reg.

_________,

effective

~

~OVNDR~

NDUSfl~?WASTE

Si..

~

~

pxisting units of landfills., including those exempt from

per~nitre~4renenis

in

a~cQrdançe

~4th

Section

~1 (c~)

o~

the

Act

that accept only potentially usable waste and

ar~ ~

p~ ~t~p~v

~

~

l~z~ç1f~l~

in

accordance

with subsection

(C)

below..

Based

on an

evp14~

9f

~

~t~LQn

t~ted

tqr~ua~t

t~o

Subpart A

of

this

l’art

and

any

Agency

site

inspections

~

~eef

t~e

rea

~‘en~t~

~

~

~1bp~r~

znav

remain

open

for

an

indefinite

period

of

time

after

the

..•I::~F~is~t~n.

~.1. Bas~c~

or~a~çva

~~on

o~~e

~~p1~or~

~ub~itted

pursuant to Subpart A of this

Part

and

any

Aaency

site

~

~it~

44~

~

u~

~o coi~y‘~hthe

~

~

ecti&~ are

subj

eOt~tothe

~

~

~

existing

~añdf.i11

:ufljt

is •.:á.~otent•i~i:lY:~:usa

e::waste

landfill

unit

pu~uan~

tp 3~

~

~

co~e8~.74Q~

ap~

8L7~1O6as

follows

fl..

Collecting a representative salaDle of undiluted and

t1~ep~tedl~n~f~l,lçac~at~e

~bt~ined

in

accordance iS Ill.

Adm

Code 811 103(b) (3); or

~

frOm representative :óOre

.

samlles

obtain~

~ç~n

thç

e~ci~t4ji~

ur4t~ Th~cor~ ~amp1es

shall

.~bé:jndjvjdüái..iy ~

~3~87—~

i~i~

~fl

1~5 ~l.

~

çoa~

$~.749~(a)

~nd

.:.t.h~...resiiiting~ieachateshá.fl~..beused:for

waste

as~j~iç~i~p~rDoses.

---

39

~

~I1

units

regulated

in

this Subpart

are

subject

to

all

~

~

~

((M~f~

A~4~

~

~ibpar~ is iin~hle

~o

t~f~the

ese~tatj~Ye~eachate

~

i~t~e

~P9

QM

~

~b4eote& t~

D~81~85

x~act~Lon

The

res~ltir~l~a~hate

h~o*the e~tractfon~to~edure

I

I

~(I(~

I t#rI~

~

I~*~

..~.

.,..

..

.... .......

.

,. ..,......

.. ....

..

~

_______________________________________

___________________________________

_______________________________)

---

40

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

1:

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

Scope and Applicability

815.102

Required Signatures

SUBPART

B:

INITIAL FACILITY REPORT

Section

815.201

Scope and Applicability

815.202

Filing

Deadline

815.203

Information

to

be

Filed

815.204

Required

Signatures

SUBPART

C:

ANNUAL REPORTS

Section

815.301

Scope and Applicability

815.302

Reporting Period

815.303

Information to be Submitted

SUBPART D:

QUARTERLY GROUNDWATER REPORTS

Section

815.401

Scope and Applicability

815.402

Filing Schedule

SUBPART E:

INFORMATION TO BE RETAINED ON-SITE

Section

815.501

Scope and Applicability

815.502

Acceptance Reports

815.503

Other Information

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.

1989,

ch. 111~ par~.

100.5

10.2.1I ~.0

.~

1022

1022.17,

1028

1 and 1027 ~

and

27fl

SOURCE:

Adopted in R88—7 at 14

Ill.

Reg.

15807, effective

September

18, 199O~amended in R90-26 at 18

Ill. Req.

effective

---

41

SUBPART B:

INITIAL FACILITY REPORT

Section 815.202

Filing Deadline

a)

Existing Facilities

The

initial

facility

report

shall

be filed with the

Agency within two years of the effective date of this

Part.

b)

E~dstth

teal

and

foundry

landfills

..rectulated

pursuant

code..

~

I

~

repo~r1~

~

fUed

wit~i

one

year

of

the

effective

date

of

that

Part.

Qj

New Facilities

The initial facility report shall be filed with the

Agency before any waste is accepted.

(Source:

Amended at 18 Ill. Reg.

_________,

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

)

---

42

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

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

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

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

Scope and Applicability

Design

Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load

Checking

Section

817.401

817.402

817.403

817.404

817.405

817.406

817.407

817.408

817.409

817.410

---

43

817.411

817.412

817.413

817.414

817.415

817.416

817.417

817.418

817.419

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

Section

817.Appendix

A

Scope and Applicability

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.

111k,

pars.

1005,

1021,

1021.1,

1022,

1022.17,

1028.1

and 1027

C415 ILCS

5/5,

5/21,

5/21.1,

5/22,

5/22.17,

5/28.1,

and 5/27)).

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 35 111

Adm. Code

8Ll~SUbPart

A.,

the

standards

of this

Part

a~p1y

exclusively

to

the

non-~putresciblewastes produced

by

the

~ollowixig

pro~e~ses.

3~1

and 3~

with

the

exception

of those industries

identified

by

SIC

code

3fl3~

axi~

2)

?he f~~dry

pro~esseaat

business

operatious

whose

pr~tmary

SIC

Code

~s

not

included

witlun

t~ie

SIC Code

~.

.

.

...

.

...

..

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).

---

44

d)

This part shall not apply to the not otherwise prohibited

use

of

foundry

sand

which

has

been

demonstrated as

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~agsand

~oundry

sands ‘for

liu~dreclamation

purposes

upon

a de~nonstrationby

the

ownez~oz~operator

that suth

Uses i~iUnot

cause

an

exceedenC* ~o~f

the

applicable

gr~ounth~ater

quality

standards

specified

at

35

IU

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:

---

45

1)

There is a change in the raw materials which could

result in a change in the wastes’ classification;

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

811.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

ó.o

05

0.01

0.05

Chromium

0.1

0.2

0.25

Lead

O~OD75

0

1

0 25

Nitrate

10.

20.

30.

Selenium

0.05

0.05

0.25

---

46

Fluoride

4.

4.

20.

Benzene

0.005

0.01

0.025

Carbon Tetra-

chloride

0.005

0.01

0.025

1,2-Dichloro-

ethane

0.005

0.01

0.017

1, 1-Dichioro--

ethylene

0.007

0.014

0.035

cis-1,2-Dichloro—

ethylene

0.07

0.14

0.35

trans-l, 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-Trichloro—

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)

~

~uayallow exceeciences of

any secondary standard

prov~dedthat

the

applicant

can

~ake

an

adequste

sbow~ng4,using

the

groundwater

i.mpact assessment

procedures

of

Section

8l7,~4l3,

that

the

limit

inc~rease

w~.ll not

~result

in

an

exceedence

of

the

groundwater

qual~ty sta~ar~

specified

at

Section

8174416.

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

---

47

section

The handling, storage, and ultimate use of

the mined wastes shall conform with the requirements of

this Part.

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

Agenoy

prior

initiating mining á~tivity

C)

If

the facility

is conducting mining operations on the

effective date of this rule, the owner or operator

shall

submit

a

closure

plan

to

the Agency within 60

•dà~rsof the effective date of this Part.

d)

If, during the mining operation, wastes are discovered

in the landfill that exceed the

MALCe

for low risk

wastes, the owner or operator shall are~dthe closure

plan to énsüre tha~tthe

öIösure

~fl•~

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.

---

48

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.

c)

Access to the open face of the

beneficially

usable

waste

storage area and all other areas within the

bôürdaiIe

~th?•••••~••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

---

49

handling instructions, and estimated usage

timetable.

Section 817.204

Long-Term Storage

a)

.

:11:Xi~U1ató4.:

~1.~.t!~i~itxbpart1sha11

be

closed

as

a

landf~.1lpursuant to the

pr~ov~sionsof

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

*inimum,

such

damonstrat~.onshall

include

photographs,

records

or

other

observable

or

discernable

information.

b)

~An owner....:cr. op~atoi~:.of..

~.:a:..storage:.

pile may :~obtainup

~to

a•:six month extension of

the

closurerequirement

£rom the Agency upon providing proof, in the form of a

past or present sales contract or similar evidence,

that a specific mar~cettor 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 811.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

---

50

factor of 1.5 and a minimum seismic safety factor of

1.3.

b)

Standards for vegetation:

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 useable 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 useable waste,

as defined in Section 817.106, have not been exceeded

for four consecutive sampling periods, the subsection

---

51

(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)

above confirm that the

leachate exceeds the limits for potentially usable

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)

shall verify the exceedence by taking additional

samples within 45 days of the initial observation;

3)

shall report the results of the verification

sampling to the Agency within 60 days of the

initial observation;

4)

shall 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)

shall 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 useable waste but does not exceed the

limits for low risk waste,

the facility:

1)

shall no longer be subject to the potentially

usable waste landfill requirements of Subpart C of

this Part;

2)

shall 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

---

52

exceeds the Section 817.106 limits for low risk waste

landfills, the facility:

1)

shall no longer be subject to the potentially

useable

waste

landfill

requirements

of

Subpart

C

of this Part;

2)

shall

immediately

cease

accepting

waste;

3)

shall, within 60 days,

develop a closure plan that

incorporates the requirements of 35 Ill. Adm. Code

811.Subpart C; and

4)

shall 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 it is accom-

panied by documentation that such wastes 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:

1)

to detect and discourage attempts to dispose non-

potentially

usable wastes at the landfill;

2)

to 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)

to 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.

---

53

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

Section 817.401

Scope and Applicability

The standards of this Subpart, along with 35 Ill. Adm. Code

811.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

---

54

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

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

---

55

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.

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 811.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 1xl07 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

811.Subpart E so as to reduce void spaces and

---

56

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

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;

---

57

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

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 1x103 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.

---

58

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.

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

ó~èratoris±ésponsibiefOr 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.

---

59

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

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

10~centimeters per second.

---

60

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.

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, then an alternative leachate management

system shall be constructed in accordance with

subsection

(c)

above.

6)

Where leachate is not directly discharged into a

sewerage system, the operator shall provide

---

61

storage capacity sufficient to transfer all

leachate to an off—site treatment works.

The

storage system shall meet the requirements of

subsection

(d)

above.

f)

Leachate monitoring:

1)

Representative samples of leachate shall be col-

lected from each unit and tested in accordance

with subsection

(f) (2)

below 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 MALC’s listed in Section

817.106 and the constituents listed in

Section 817.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:

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62

1)

Teoperator

shall c ilectand dispose of leachate

~or

a

mini~u~m

period

of

5

years

after

closure

until

treatment

is

no

Ioñgér

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.

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)

shall verify the exceedence by taking additional

samples within 45 days of the initial observation;

3)

shall report the results of the verification

sampling to the Agency within 60 days of the

initial observation;

4)

shall 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 of the

initial observation; and

4)

shall notify the Agency in writing of a confirmed

exceedence

and provide the rationale used in such

a determination within ten days of 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:

1)

shall no longer be subject to the low risk waste

landfill requirements of Subpart C of this Part;

2)

shall be subject to the requirements for chemical

waste landfills of 35 Ill. Adm. Code 814.302.

j)

Leachate sampling and analysis shall be completed in

accordance with the standards of 35 Ill.

Adni.

Code

817.414(e) (1),

(e) (3),

(e) (4), and

(e) (5).

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63

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:

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

---

64

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:

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

Hydrogeologic 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.

---

65

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:

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 hydrogeologic 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 extend 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

---

66

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 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.

---

67

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

information needed for establishing

background concentrations

in accordance with

subsection

(e) (1) (G)

below.

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;

---

68

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

establish background concentrations,

in

accordance with Section 817.416(d),

for any

constituent which is listed in Section

817.106 (MALes)

or Section 817.Appendix 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)

In addition to 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 not limited

to excavation to 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.

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69

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.

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 in 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

materials may 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 817.413

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

---

70

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

at the edge of the zone of attenuation.

LThe

estimate shall be made in accordance with the

cflowing:

:~ete~i~

the aquifer conductivity and

gradient.;using~:thehyd±ogeOlogicinformation

collected pursuant Section 817.411.

If the

aguiter conductivity is

3. x lO~

cm/sec

or

less,

no further groundwater impact

assessment ~.srequired,

B)

Develop a conceptual groundwater flaw model

through which leachate constituents may

migrate;

C) .~:Deternniz~e

the

organic carbon content for soil

units. through which the leachate constituents

~4

D~

~Dete±m1ne

the retardation factor for

hydrogeological methods;

E)

Determine

MALC

values for constituents of

i.ñterest.:.required

tO

achieve

compliance

with

the applicable groundwater quality standards

specified at Section 817.416,

P)

Càmpare the calculated MALC values to the

~.ëachate values for

.

the.

expected .~waste

streams to determine whether compliance with

1,)

Acceptable groundwater impact assessment.

The

groundwater impact shall be considered acceptable

if

the. leachate values: for the expected waste streams are

less

thantheMA.LC

values calculated in accordance with

~~ubsection817.413(a)(3) (F).

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71

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 in

accordance

with

Section

817.415.

Monitoring wells

designed and constructed as part of the monitoring

network shall be maintained along with 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.

IF~)

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 at the edge of the zone of attenuation

and shall be located downgradient with respect to

groundwater flow and not excluding the downward

direction, from the unit.

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)

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72

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:

1)

MAPCS for those constituents with an MALC

identified as a primary standard shall be

background plus 10

percent of the MALC

MAPCs

for

those constituents with an 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

8l7.Appendix

A

of this Part, the MAPC shall be the

practical quanitation limit

(PQL)

or,

if the

constituent’s

background

concentration

exceeds

the

PQL

the

MA?C.

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

---

73

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.

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

---

74

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

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 of the effective date

of this Part for an existing landfill.

Monitoring shall continue for a minimum

period :::of

five ~years after

:cIasure

or, in

the

case of landfills, other than those used

exclusiveiy.:~fordisposing

waste

genrated at

the

site, a minimum of fifteen years after

ó:1:Osure.

The operator shall sample all

monitoring points for all potential sources

of contamination on a quarterly basis except

as specified in subsection

(a) (3) below or

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75

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-

tion

(a) (1) (A)

above, the monitoring

frequency may change on a well by well basis

to an annual schedule if either of the

following conditions exist.

However,

monitoring shall return to a quarterly

schedule at any well where a statistically

significant increase

is determined 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

---

76

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:

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

of the effective date of this Part,

and

monitor each new well within three months of

its establishment.

The monitoring required

by 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)

above.

4)

Confirmation of monitored increase:

A)

The confirmation procedures of this Section

shall be used only if the concentrations of

---

77

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:

i)

The concentration of any constituent

monitored in accordance with subsection

(a) (1) and

(a) (2)

above 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 concentration of any constituent

monitored in accordance with subsection

(a) (3)

above 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 of 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

---

78

completed within 90 days of 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

increase and provide the rationale used

in such a determination within ten days

of 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)

below.

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 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

---

79

plans shall be filed for review as a significant

permit modification pursuant to 35

Ill.

Adin.

Code

813.Subpart B.

The assessment monitoring program

shall be implemented within 90 days of

confirmation of any monitored increase in

accordance with subsection

(a) (4) below or,

in the

case of permitted facilities, within 90 days of

the

Agency

approval.

The assessment monitoring

program shall be filed with the Agency within 20

days

of

an

observed

increase,

as defined in

Section

817.415(a)

(4)

(B) (iii).

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,

then 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)

below.

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)

below.

c)

Assessment of potential groundwater impact.

An

operator required to conduct a groundwater impact

assessment in accordance with subsection

(b) (4) above

shall assess the potential impacts outside the zone of

attenuation that may result from confirmed increases

above the MAPC within the zone of attenuation,

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.

Adin.

Code 811.317(c);

and

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80

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

of

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

during the assessment monitoring shall be

submitted

within

90

days

of

determination

of

either of the following:

A)

The groundwater impact assessment performed

in accordance with subsection

(c)

above,

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)

above.

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 of the following:

A)

Completion of the groundwater impact

assessment under subsection

(c) above 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 one or more of the following

solutions to meet the requirements of subsection

(d) (5) below in a timely and appropriate manner:

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81

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

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 MAPC

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 the subsection

(d) (5) (A)

above.

If the facility is

permitted then the operator shall submit this

information as 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 Eoard established standard;

B)

The Board-established standard adjusted by

the Board in accordance with the

justification procedure of subsection

(b)

below; or

For those constituents where no Board

established

standard

exists,

the

applicable

standard is the background concentration.

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82

2)

Any statistically significant increase above an

applicable groundwater quality standard

established pursuant to subsection

(a) (1) above

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.

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 Part 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.

~•)

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

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83

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

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 that 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

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84

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)

below,

which may be adjusted during the operation of a

facility.

Statistical

tests

and

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 of 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.

---

85

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

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) below or a test in accordance

with subsection

(e) (6) below shall be used.

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.

---

86

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

used to analyze such data, unless an alternative

procedure in accordance with subsection

(e) (6)

below,

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)

below;

B)

Where the percentage of nondetected in the

data base or data transformations used in

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)

below.

However,

where

data

are

not

normally

distributed, the operator shall use an

applicable nonparametric test from subsection

(e) (5)

below;

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)

below.

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-