ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    February
    4,
    1993
    In
    the
    matter
    of:
    Petition
    of
    Peoria
    Disposal
    )
    AS
    91—3
    Company
    for
    Adjusted
    Standard
    )
    (RCRA
    Delisting)
    from
    35
    ill.
    Adm.
    Code
    721
    )
    Subpart
    D.
    )
    ORDER
    OF
    THE
    BOARD
    (by
    J..
    Anderson):
    This
    Order
    grants
    an adjusted
    standard
    to
    Peoria
    Disposal
    Company
    (PDC).
    This
    action
    is
    taken
    in
    light
    of
    the
    Board’s
    January
    21,
    1993
    grant
    of the
    January
    14,
    1993
    joint
    motion
    (joint
    motion)
    for
    expedited
    decision
    of
    Peoria
    Disposal
    Company
    and
    the
    Illinois
    Environmental Protection
    Agency
    (Agency).
    The
    Board’s
    time
    and
    resource
    constraints
    have
    resulted
    in
    a
    delay
    in
    perfecting
    the
    supporting
    opinion.
    The
    Board
    intends
    to
    adopt
    the
    supporting opinion
    at
    its
    February
    25,
    1993
    Board
    meeting.
    ORDER
    The
    Board
    hereby
    grants
    to
    Peoria
    Disposal
    Company
    (PDC)
    an
    adjusted
    standard
    from
    35
    Ill.
    Adm
    Code
    721
    Subpart
    D
    subject
    to
    the
    following
    conditions:
    1.
    This
    adjusted
    standard
    becomes
    effective
    on
    February
    4,
    1993.
    2.
    This
    adjusted
    standard
    is
    provided
    only
    for
    F006
    wastes
    treated
    Using
    PDC’s
    mechanical
    mixer,
    and
    only
    for
    total
    annual
    waste
    disposal
    volumes
    of
    F006
    treatment residues
    up
    to
    50,000
    cubic
    yards.
    Peoria
    Disposal
    Company’s
    treated
    F006
    residues
    generated
    by.
    the
    PDC
    F006
    waste
    stabilization
    process described
    in
    their
    amended
    petition
    filed
    March
    2,
    1992
    are
    non-hazardous
    as
    defined
    in
    35
    Iii.
    Adm.
    Code
    721.
    The
    treatment
    residues
    must
    meet
    the
    verification
    and
    testing
    requirements
    prescribed
    in
    paragraph
    3
    listed
    below
    to
    ensure
    that
    hazardous
    constituents
    are
    not
    present
    in
    the
    treatment residues
    at
    levels
    of regulatory
    concern.
    The
    treatment residues
    will
    no
    longer
    be subject
    to
    regulation
    under
    35
    Ill.
    Adm.
    Code.
    Parts
    722-728
    and
    the
    permitting
    standards of
    35
    Iii.
    Adm.
    Code
    703.
    Such
    wastes
    shall
    be
    disposed
    of
    pursuant
    to
    the
    Board’s
    non—hazardous
    landfill
    regulations found
    at
    35
    Ill.
    Adm.
    Code
    810-815.
    3.
    Verification
    and Testing.
    a)
    Treatability
    Testing.
    PDC
    shall
    verify
    through
    bench
    scale
    treatability
    testing
    that
    each
    waste
    stream
    received
    by
    PDC
    for
    chemical
    stabilization
    can
    be
    treated
    to
    meet
    the
    delisting
    levels
    of
    paragraph
    4
    0139-0121

    2
    prior
    to the
    operation
    of
    full-scale
    treatment
    of
    that
    waste
    stream.
    PDC
    shall
    submit
    a
    report
    of the
    treatability
    testing
    to
    the
    Agency
    within
    7 days
    of
    the
    completion
    of
    such
    testing.
    b)
    Testing
    of
    Treatment
    Residues
    for
    Inorganic
    Parameters.
    PDC
    shall
    collect
    representative
    grab
    samples
    of
    each
    treated
    batch
    of
    the
    F006
    treatment
    residue
    and
    composite
    the
    grab
    samples
    to produce
    a daily
    composite
    sample.
    This
    sample
    shall
    be analyzed
    fo
    TCLP
    leachate
    concentrations
    for
    all
    the
    constituents
    listed
    in
    paragraphs
    4(a)
    and 4(b)
    prior
    to
    disposal
    of
    the
    treated
    batch.
    c)
    Testing
    of
    Treatment
    Residues
    for
    Organic
    Parameters.
    PDC
    shall
    collect
    a representative
    grab
    sample
    of each
    treated
    batch
    of the
    P006
    treatment
    residue
    daily
    and
    this
    sample
    shall
    be analyzed
    for
    TCLP
    leachate
    concentrations
    for
    all
    the
    constituents
    listed
    in
    paragraph
    4
    (c).
    d)
    Additional
    testing.
    PDC
    shall
    collect
    a
    representative
    grab
    sample
    from
    each
    daily
    grab
    sample
    of
    F006
    treatment
    residue
    each
    month
    and
    prepare
    a monthly
    composite
    sample.
    This
    monthly
    sample
    shall
    be
    analyzed
    for the
    TCLP
    leachate
    concentrations
    for
    all
    the
    constituents
    listed
    at
    40 C.F.R.
    Part
    423
    Appendix
    A
    (1991)
    except
    those
    numbered
    089-113,
    116 and
    129.
    Any
    compound
    which
    is
    found
    to
    be
    below
    detection
    limits
    for
    six
    months
    of
    continuous
    monthly
    testing
    shall
    be
    deleted
    from
    the
    monthly
    testing
    parameter
    list
    and
    shall
    instead
    be
    tested
    semi—annually.
    If
    the
    compound
    is
    detected
    in
    the
    semi—annual
    tests,
    it
    will
    again
    be
    tested
    monthly
    for
    six
    months
    as described
    above.
    e)
    All analyses
    shall
    be
    performed
    according
    to SW—846
    methodologies
    incorporated
    by
    reference
    in 35
    Ill.
    Adm.
    Code
    720.111.
    The
    analytical
    data
    shall
    be
    compiled
    and
    maintained
    on
    site
    for
    a
    minimum
    of three
    years.
    These
    data
    must
    be
    furnished
    upon
    request
    and
    made
    available
    for
    inspection
    by any
    employee
    or
    representative
    of
    the
    State
    of
    Illinois.
    4.
    Delisting
    Levels.
    a)
    Metals.
    The
    metal
    concentration
    in
    TCLP
    leachate
    from
    the
    F006
    treatment
    residue
    must
    not
    exceed
    the
    values
    shown
    below,
    otherwise
    such
    wastes
    shall
    be
    managed
    and
    disposed
    in
    accordance
    with
    35
    Ill.
    Adm.
    Code
    703
    and
    722-728.
    0139-0122

    3
    Parameter
    Delisting Level
    (mg/i)
    Cadmium
    0.066
    Chromium
    1.9
    Lead
    0.29
    Nickel
    0.32
    Silver
    0.072
    b)
    Cyanide.
    Total
    leachable
    cyanide
    in
    distilled
    water
    extractions
    from
    P006
    treatment
    residue
    must
    not
    exceed
    3.8
    mg/kg,
    otherwise
    such
    wastes
    shall
    be
    managed
    and
    disposed
    in
    accordance
    with
    35
    Iii.
    Adm
    Code
    703
    and
    722—728.
    C)
    Organic
    Parameters.
    The
    organic
    constituent
    concentration
    in
    TCLP
    leachate
    from
    the F006
    treatment residue
    will
    be
    compared
    with
    the
    delisting
    levels
    shown
    below.
    If
    the
    delisting
    levels
    for
    a batch
    are
    exceeded,
    a second
    composite
    sample
    of the
    same
    batch
    shall
    be prepared
    and
    analyzed
    within
    five
    days
    of the
    observed exceedance.
    If
    a
    second
    subsequent
    exceedance
    occurs,
    the
    batch
    shall
    be managed
    and
    disposed
    of
    in accordance
    with
    35
    Ill.
    Adm.
    Code
    703
    and
    722—
    728.
    Parameter
    Delisting
    Level
    (mg/i)
    Acetone
    76
    Bis
    (2—ethylhexyl)phthalate
    0.057
    Chloroform
    0.114
    Ethylbenzene
    13.3
    Naphthalene
    1.9
    N-nitrosodiphenylamine
    0.133
    Styrene
    1.9
    Total
    xylenes
    190
    5..
    Data
    Submittal.
    All
    data
    must
    be
    submitted
    to
    the
    Manager
    of
    the
    Permit
    Section,
    Division
    of Land
    Pollution
    Control,
    Illinois
    Environmental
    Protection
    Agency,
    2200
    Churchill Road,
    P.O.
    Box
    19276,
    springfield,
    Illinois
    62794-
    9276
    within
    the
    time
    period
    specified.
    At
    the
    Agency’s
    request,
    PDC
    must
    submit
    any
    other
    analytical
    data
    obtained
    pursuant to paragraph
    C
    within
    the
    time
    period
    specified
    by
    the
    Agency.
    Failure
    to
    submit
    the
    required
    data
    will
    be
    considered
    a
    failure
    to comply
    with
    the
    adjusted
    standard
    adopted
    herein
    arid
    subject
    PDC
    to an
    enforcement
    action
    initiated
    by
    the
    Agency.
    All
    data
    must
    be
    accompanied
    with
    the
    following
    certification
    statement:
    Under
    civil
    and
    criminal
    penalty
    of
    law for
    the making
    or
    submission of
    false
    or
    fraudulent
    statements or
    representations
    (pursuant to
    the
    applicable
    provisions
    0139-0123

    4
    of the
    Illinois
    Environmental
    Protection
    Act),
    I
    certify
    that
    the
    information
    contained
    in
    or
    accompanying
    this
    document
    is
    true,
    accurate
    and
    complete.
    In the
    event
    that
    any
    of
    this
    information
    is
    determined
    by
    the
    Board
    in
    its
    sole
    discretion
    to be
    false,
    inaccurate
    or
    incomplete,
    and
    upon
    conveyance
    of
    this
    fact
    to
    Peoria
    Disposal
    Company,
    I
    recognize
    that
    this
    exclusion
    of
    wastes
    will
    be
    void
    as
    if
    it
    never
    had
    effect
    to
    the
    extent
    directed
    by
    trie
    Board
    and
    that
    Peoria
    Disposal
    Company
    will
    be
    liable
    for any
    actions
    taken
    in
    contravention
    of
    the
    company’s
    RCRA
    and
    CERCLA
    obligations
    premised
    upon
    the
    company’s
    reliance
    on
    the
    void
    exclusion.
    (Name
    of
    certifying
    person)
    (Title
    of
    certifying
    person)
    Date
    Section
    41
    of
    the
    Environmental
    Protection
    Act
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1041)
    provides
    for
    the
    appeal
    of
    final
    orders
    of
    the
    Board
    within
    35
    days.
    The
    Rules
    of
    the
    Supreme
    Court
    of
    Illinois
    establish
    filing
    requirements.
    (But
    se
    also
    35
    Ill.
    Adm.
    Code
    101.246,
    Notion
    for Reconsideration,
    and
    Castenada v.
    Illinois
    Human
    Rights
    Commission
    (1989),
    132
    Ill.2d
    304,
    547
    N.E.2d
    437.)
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    N.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    do
    hereby
    ctify
    that
    the above
    order
    was
    adopted
    n
    the
    -‘--
    day
    of
    -
    ,
    1993,
    by
    a
    vote
    of
    cc/L
    //.
    Dorothy
    M.
    G)1n,
    Clerk
    Illinois
    Pol/Lution
    Control
    Board
    .1
    OI3S-OI2

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