ILLINOIS POLLUTION CONTROL
BOARD
September 23, 1993
IN THE MATTER OF:
STEEL AND FOUNDRY INDUSTRY
)
P90-26
AMENDMENTS TO THE LANDFILL
)
(General Rulemaking)
REGULATIONS (35 Iii. Adin. Code
810 through 815 and 817)
PROPOSED RULE.
SECOND FIRST NOTICE.
OPINION AND ORDER OF THE BOARD (by J. Anderson):
The Board today is authorizing a second First Notice
publication in the Illinois Register of the second amended
proposal of the Illinois Steel Group and the Cast Metals
Association (Steel and Foundry). This action occurs without
substantive review of the proposal; it does not constitute the
Board’s adoption of a substantive position concerning the
proposal.
On December 12, 1990, Steel and Foundry initially proposed
to amend the Board’s landfill regulations. After a February 4,
1991 response by Steel and Foundry to a December 20, 1993 request
by the Board for more information, the Board adopted on February
7, 1991 a first First Notice opinion and order; this proposal was
published in the Illinois Register on March 1, 1991. (See 17
Ill. Peg. 3166 (Part 811), and 3155 (Part 814), and 3173 (Part
817) (Mar. 1, 1991).) Hearings were held on May 19, 1991, June
7, 1991 and June 21, 1991 (the latter two having been
consolidated with P90—25, a similar proposal, since dismissed,
filed by the coal-fired electric generating industry with regard
to fly—ash). The first amended proposal was filed on May 13,
1991. After filing a pre-hearing discussion draft on June 24,
1992, the second amended proposal was filed on March 4, 1993,
with further documentation filed on Nay 13, 1993 in response to a
March 26, 1993 Board hearing officer’s order.
The Board notes that this second First Notice is required by
the Administrative Procedure Act, which, at Section 5-40(e) (5
ILCS 100/5—40(e)), requires such notice if more than one year has
passed without a final filing of the first First Notice proposal.
We also note that timely notice has been published for hearings
on the second revised proposal on October 1 and 13, 1993, the
latter hearing being subject to cancellation.
The Board has made some non—substantive changes to the
proposal. It has opened the following Parts to make the
applicability provisions compatazle with newly proposed Part 817:
Part 807 (Section 807.105); Part 810(Section 810.101), Part 811
(Sections 811.101 and 811.301); Part 812 (Section 812.101 and
812.301); and Part 813 (Section 813.101). The Board has also
opened Section 810.103, to provide for hearing officer-requested
2
definitions of “foundry sand”, “iron slag”, and “steel slag”,’
and Section 810.104, to add incorporations by reference of the
ASTM methods contained in the Steel and Foundry proposal. The
Board has also added to Part 817 a definitions Section 817.102,
for definitions of terms specific to that Part.2 Finally, the
Board has made certain formatting changes to comport with the
Illinois Administrative Code and Illinois Register publication
and filing requirements.
The text of the second revised proposal follows with all
revisions indicated by redlining:
- -
THE
BOARD ADDED THE FOLLOWING PROVISIONS TO THE PROPOSAL
:__
REDLINING OF REVISIONS BEGINS AT THE MA~1 ON PAGE 30.----
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
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
The participants should be receiving the hearing
officer’s order shortly.
2
This meant renumbering Sections 817.102 through 817.106
in the proposal to Sections 817.103 through 817.107 in this
order.
3
Transfer of Permits
Permit Revocation
Design, Operation and Maintenance Criteria
Revised Cost Estimates
SUBPART C: SANITARY LANDFILLS
Section
807.301
807.302
807. 303
807.304
807.305
807.306
807.307
807.308
807.309
807.310
807.311
807.312
807.313
807.314
807.315
807. 316
807.317
807.318
Section
807.501
807.502
807.503
807.504
807. 505
807. 506
807. 507
807.508
807.509
807.523
807.524
SUBPART
Section
807.600
807. 601
807.602
807.603
807
.
604
807.605
807 .606
807.620
807.621
807.622
Prohibition
Compliance with Permit
Methods of Operation
Equipment, Personnel and Supervision
Cover
Litter
Salvaging
Scavenging
Animal Feeding
Special Wastes
Open Burning
Air Pollution
Water Pollution
Standard Requirements
Protection of Waters of the State
Application
Operating Records
Completion or Closure Requirements
SUBPART E:
CLOSURE AND POST-CLOSURE CARE
Purpose, Scope and Applicability
Closure Performance Standard
Closure Plan
Amendment of Closure Plan
Notice of Closure and Final Amendment to Plan
Initiation of Closure
Partial Closure
Certification of Closure
Use of Waste Following Closure
Postclosure Care Plan
Implementation and Completion of Postclosure Care Plan
F: FINANCIAL ASSURANCE FOR CLOSURE AND
POSTCLOSURE CARE
Purpose, Scope
and Applicability
Requirement to Obtain Financial Assurance
Time for Submission of Financial Assurance
Upgrading Financial Assurance
Release of Financial Institution
Application of ProceedE. and Appeal
Release of the Operator
Current Cost Estimate
Cost Estimate for Closure
Cost Estimate for Postclosure Care
807.211
807.212
807.213
807.214
4
807.623
807.624
807.640
807.641
807.642
807.643
807.644
807.661
807. 662
807.663
807.664
807.665
807.666
Biennial Revision 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-coriunercial Sites
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
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. 19S-93~, ch. 111½, pars. 1005, 1021.1, 1022 and 1027 f415
ILCS 5/5, 5/21.1, and 5/22)).
SOURCE: Adopted as an emergency rule and filed with the
Secretary of State July 27, 1973; amended at 2 Ill. Peg. 16,
p. 3, effective April 10, 1978; codified at 7 Ill. Peg. 13636;
recodified from Subchapter h to Subchapter
i
at 8 Ill. Peg.
13198; emergency amendment in R84—22A at 9 Ill. Peg. 741,
effective January 3, 1985 for a maximum of 150 days; amended in
R84-22B at 9 111. Reg. 6722, effective April 29, 1985; amended in
R84-22C at 9 Ill. Reg. 18942, effective November 25, 1985;
amended in P84—45 at 12 Ill. Reg. 15566, effective September 14,
1988; amended in P88-7 at 14 Ill. Reg. 15832, effective September
18, 1990; amended in R90—26 at 18 Ill. Peg.
,
effective
NOTE: Capitalization denotes statutory language.
SUBPART A: GENERAL PROVISIONS
Section 807.105
Relation to Other Rules
5
a) Persons and facilities regulated pursuant to 35 Ill.
Adm. Code 700 through 749 are not subject to the
requirements of this Part or of 35 Ill. Adm. Code 811
through 815 and 817. However, if such a facility also
contains one or more units used solely for the disposal
of solid wastes, as defined in 35 Ill. Adm. Code
810.103, such units are subject to requirements of this
Part and 35 Ill. Adm. Code 811 through 815 and 817.
b) Persons and facilities subject to 35 Ill. Adm. Code
807, 809 or 811 through 815 or 817 may be subject to
other applicable Parts of 35 Ill. Adm. Code: Chapter I
based on the language of those other Parts. Specific
examples of such applicability are provided as
explained at 35 Ill. Adm. Code 700.102.
c) The requirements of 35 Ill. Adm. Code 810 through 815
and 817 are intended to supersede the requirements of
this Part. Persons and facilities regulated pursuant
to 35 Ill. Adm. Code 810 through 815 and 817 are not
subject to the requirements of this Part. This Part
does not apply to new units as defined in 35 Ill. Adm.
Code 810.103.
(Source: Amended at 18 Ill. Reg.
effective
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 810
SOLID WASTE DISPOSAL: GENERAL PROVISIONS
Section
810.101 Scope and Applicability
810.102 Severability
810.103 Definitions
810.104 Incorporations by Reference
AUTHORITY: Implementing Sections 5, 21, 21.1, 22 and 22.17, and
authorized by Section 27 of the Environmental Protection Act
(Ill. Rev. Stat. 1989, ch. 111½, pars. 1005, 1021, .1021.1, 1022,
1022.17 and 1027).
SOURCE: Adopted in P88-7 at 14 Ill. Reg. 15838, effective
September 18, 199O~amended in P90—26 at 18 Ill. Req.
effective
NOTE: Capitalization indicates statutory language.
6
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. Adxn. Code 700 through 750.
(Source: Amended at 18 Iii. Peg.
_________,
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. 111½, pars. 1001 et. seq.):
“Act” means the Environmental Protection Act, Ill. Rev.
Stat. 1989, ch. 111½, pars. 1001 et. seq.
“AGENCY” IS THE ENVIRONMENTAL PROTECTION AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.
(Section 3.08 of the Act.)
“Admixtures” are chemicals added to earth materials to
improve for a specific application the physical or
chemical properties of the earth materials. Adinixtures
include, but are not limited to: lime, cement,
bentonite and sodium silicate.
“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 hycirogeologic data. (Section 3 of the
Illinois Groundwater Protection Act (Ill. Rev. Stat.
1989, ch. 111½,
par. 7453).)
“Bedrock” means the solid rock formation immediately
underlying any loose superficial material such as soil,
alluvium or glacial drift.
“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
7
is excavated for the purpose of constructing daily
cover, final cover, a liner, a gas venting system,
roadways or berins.
“Chemical waste” means a non—putrescible solid whose
characteristics are such that any contaminated leachate
is expected to be formed through chemical or physical
processes, rather than biological processes, and no gas
is expected to be formed as a result.
“Contaminated leachate” means any leachate whose
constituent violate the standards of 35 Ill. Adm. Code
811.202.
“Design Period” means that length of time determined by
the sum of the operating life of the solid waste
landfill facility plus the postclosure care period
necessary to stabilize the waste in the units.
“DISPOSAL” MEANS THE DISCHARGE, DEPOSIT, INJECTION,
DUMPING, SPILLING, LEAKING OR PLACING OF
ANY
SOLID
WASTE INTO OR ON ANY LAND OR WATER OR INTO ANY WELL
SUCH THAT SOLID WASTE OR ANY CONSTITUENT OF THE SOLID
WASTE MAY ENTER THE ENVIRONMENT BY BEING EMITTED INTO
THE AIR OR DISCHARGED INTO ANY WATERS, INCLUDING
GROUNDWATER. (Section 3.08 of the Act.) If the solid
waste is accumulated and not confined or contained to
prevent its entry into the environment, or there is no
certain plan for its disposal elsewhere, such
accumulation shall constitute disposal.
“Disturbed areas” means those areas within a facility
that have been physically altered during waste disposal
operations or during the construction of any part of
the facility.
“Documentation” means items, in any tangible form,
whether directly legible or legible with the aid of any
machine or device, including but not limited to
affidavits, certificates, deeds, leases, contracts or
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.
S
“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
pressure, above which moisture is released by gravity
drainage.
“Foundry sand”
BOARD NOTE: IThe Board has requested that the
proponent (steel and foundry) industries provide a
definition of this term.1
“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.
“Geoinembranes” means manufactured membrane liners and
barriers of low permeability used to control the migra-
tion of fluids or gases.
“Geotextiles” are permeab~emanufactured 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
9
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
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”
BOARD NOTE: fThe Board has requested that the
proponent (steel and foundry) industries provide a
definition of this term. ~1
“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. Adm. 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.
“Malodor” means an odor caused by ONE OR MORE
10
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
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
11
facility.
“Perched watertable” means an elevated watertable above
a discontinuous saturated lens, resting on a low
permeability (such as clay) layer within a high
permeability (such as sand) formation.
“Permit area” means the entire horizontal and vertical
region occupied by a permitted solid waste disposal
facility.
“PERSON” IS ANY INDIVIDUAL, PARTNERSHIP, CO-
PARTNERSHIP, FIRM, COMPANY, CORPORATION, ASSOCIATION,
JOINT STOCK COMPANY, TRUST, ESTATE, POLITICAL
SUBDIVISION, STATE AGENCY, OR ANY OTHER LEGAL ENTITY,
OR THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.
(Section 3.26 of the Act.)
“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 inalodor, 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.
12
“Recharge zone” means an area through which water can
enter an aquifer.
“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
13
Section 39 of the Act and 35 Iii. Adrn. Code 813 that is
required when one or more of the following changes,
considered significant when that change measured by one
or more parameters whose values lie outside the
expected operating range of values as specified in the
permit, are planned, occur or will occur:
An increase in the capacity of the waste disposal
unit over the permitted capacity;
Any change in the placement of daily, intermediate
or final cover;
A decrease in performance, efficiency or longevity
of the liner system;
A decrease in efficiency or performance of the
leachate collection system;
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;
14
A remedial action necessary to protect
groundwater;
Transfer of the permit to a new operator;
Operating authorization is being sought to
place
into service a structure constructed pursuant to a
construction quality assurance program; or
A change in any requirement set forth as a special
condition in the permit.
“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, ‘arid which is not
also defined as a hazardous waste pursuant to 35 Ill.
Adin. Code 721.
“SPECIAL WASTE” MEANS ANY INDUSTRIAL PROCESS WASTE,
POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS
DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35
Ill. Adm. Code 808. (Section 3.45 of the Act.)
“Static Safety Factor” means the ratio between
resisting forces or moments in a slope and the driving
forces or moments that may cause a massive slope
failure.
“Steel slag”
BOARD NOTE: fThe Board has requested that the
proponent (steel and foundry) industries to provide a
definition of this term.1
“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 th&
permitting requirements of 35 Ill. Adm. Code 309.
“Twenty—five (25) year, 24 hour precipitation event”
means a precipitatic~ieve-t 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
15
liner or wastes, where no liner is present, which is an
aquifer, and includes any lower aquifer that is
hydraulically connected with this aquifer within the
facility’s permit area.
“Unit” means a contiguous area used for solid waste
disposal.
“Unit of local government” means a unit of local
government, as defined by Article
7, Section 1 of the
Illinois Constitution. A unit of local government may
include, but is not limited to, a municipality, a
county, or a sanitary district.
“Waste pile” means an area on which non-containerized
masses of solid, non flowing wastes are placed for
disposal. For the purposes of this Part and 35 Ill.
Adm. Code 811 through 815, a waste pile is a landfill,
unless the operator can demonstrate that the wastes are
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:
16
40 CFR 141.40 (1988).
21
American Institute of Certified Public
Accountants, 1211 Avenue of the Americas, New
York, NY 10036:
Auditing Standards--Current Text, August 1,
1990 Edition, available through the American
ln~tit-uteof Certified Public Accountants-i
i2ll Avenuc of thc Amcri~n~.New
V~rk.
NY
10036.
fl
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 proponentsl.
Method D3987-85, rtitle of method to be
provided by the proponents~.
b) This incorporation includes no later amendments or
editions.
(Source: Amended at 18 Ill. Reg
effective
Section
811.101
811. 102
811.103
811. 104
811. 105
811. 106
811.107
811. 108
811.109
811.110
811.111
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
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
17
Section
811.201
811.202
811.203
811.204
811.205
811.206
811.207
Section
811. 30.
811.302
811.303
811.304
811.305
811.306
811.307
811.308
811.309
811.310
811. 311
811. 312
811.313
811. 314
811.315
811. 316
811.317
811.318
811. 319
811. 320
811. 321
811.322
811.323
Section
811. 401
811.402
811.403
811. 4 04
811.405
811.406
Section
811.501
811.502
811.503
811.504
811.505
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
Scope and Applicability
Facility Location
Design Period
Foundation and Mass Stability Analysis
Foundation Construction
Liner Systems
Leachate Drainage System
Leachate Collection System
Leachate Treatment and Disposal System
Landfill Gas Monitoring
Landfill Gas Management System
Landfill Gas Processing and Disposal System
Intermediate Cover
Final Cover System
Hydrogeological Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact
Assessment.
Design, Construction, and Operation of Groundwater
Monitoring Systems
Groundwater Monitoring Programs
Groundwater Quality Standards
Waste Placement
Final Slope and Stabilization
Load Checking Program
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Scope and Applicability
Notice to Generators and Transporters
Special Waste Manifests
Identification Record
Recordkeeping Requirements
Procedures for Excluding Regulated Hazardous Wastes
SUBPART E: CONSTRUCTION QUALITY
ASSURANCE PROGRAMS
Scope and Applicability
Duties and Qualifications of Key Personnel
Inspection Activities
Sampling Requirements
Documentation
18
Foundations and Subbases
Compacted Earth Liners
Geomeinbranes
Leachate Collection Systems
Section
811.700
811.701
811
*
702
811.703
811.704
811.705
811.706
811.707
811.708
811.709
811.710
811.711
811. 712
811.713
811.714
811. 715
Scope, 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
81l.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 Insuranc~e 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
arid authorized by Section 27 of the Environmental Protection Act
(Ill. Rev. Stat. 1989, ch. 111½, pars. 1005, 1021, 1021.1, 1022,
1022.17, 1028.1 and 1027).
SOURCE: Adopted ,j~nP88-i at 14 Ill. Reg. 15861, effective
September 18, 1990; amended in P92-19 at 17 Ill. Reg. 12413,
e.ifective
July 19, 1993~ amended in P90—26 at 18 111.
Peg.
effective
NOTE: Capitalization indicates statutory language.
SUBPART A:
GENERAL STANDARDS FOR ALL LANDFILLS
811.506
811.507
811.508
811. 509
SUBPART G:
FINANCIAL ASSURANCE
Section 811.101
Scope and Applicability
19
a) The standards of this Part apply to all new landfills,
except as otherwise provided in 35
Ill.
Mm. 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) ThiG Part ~c3hcll1not apply until one year after tho
CiLt~L~V~ uu~e ~i
~ni~
-~U~L L.~ flCW
nuLiL—~u.L~.Ly
receiving the following waste2—gcncratcd by the
following induGtrico, provided that propo3cd
regulatiorio of general applicability to that industry
category are filed with the -Board no later than
December 1, 1990: wtcogcncratcd by foundric~ and
primary ~tcei prou~~. ~it~c~ ana,
~
comDuotion
wa~te~generated by electric utilitic3. The
reguircment3 of 35 Iii. Adm. Code 807 ohall apply to
such landfill3 during the interim-period of one year
after the effective date of thic~Part. This Part ~ha1l
become effective immediately after Dcc. 1, 1990 if no
propo~zil ha~been filed by that
-date.
ef All general provisions of 35 Ill. Adm. Code 810 apply
to this Part.
(Source: Amended at 18 Ill. Peg.
________
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. Peg.
_________
effective
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 812
INFORMATION TO BE SUBMITTED
IN A PERMIT APPLICATION
20
SUBPART A: GENERAL
INFORMATION
REQUIRED FOR ALL LANDFILLS
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
Scope and Applicability
Waste Stream Test Results
Final Cover
Closure Requirements
SUBPART C:
ADDITIONAL INFORMATION REQUIRED FOR PUTRESCIBLE
AND
Section
812.301
812.302
812.303
812.304
812.305
812.306
812.307
812.308
812
.
309
812.310
812. 311
812.312
812.313
812. 314
812.315
812.316
812.317
812.318
CHEMICAL WASTE LANDFILLS
Scope and Applicability
Waste Analysis
Site Location
Waste Shredding
Foundation Analysis and Design
Design of the Liner System
Leachate Drainage and Collection Systems
Leachate Management System
Landfill Gas Monitoring Systems
Gas Collection Systems
Landfill Gas Disposal
Intermediate Cover
Design of the Final Cover System
Description of the Hydrogeology
Plugging and Sealing of Drill Holes
Results
of the Groundwater Impact Assessment
Groundwater Monitoring Program
Operating Plans
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and
28.1, and authorized by Section 27 of the Environmental
Protection Act (Ill.
Rev.
Stat. 1989, ch. 111½, pars. 1005, 1021,
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
Section
812.201
812.202
812.203
812.204
21
1021.1, 1022, 1022.17, 1028.1 and 1027).
SOURCE: Adopted in P88—7 at 14 Ill. Reg. 15785, effective
September 18, 1990; amended in P90—26 at 18 Ill. Reg.
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. 111½, par. 1021(d)) shall
submit to the Agency an application for a permit to
develop and operate a landfill. The application must
contain the information required by this Subpart and by
Section 39(a) of the Act, except as otherwise provided
in 35 Ill. Mm. 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. Peg.
_________,
effective
_________________________________
)
SUBPART C: ADDITIONAL INFORMATION REQUIRED FOR PUTRESCIBLE AND
CHEMICAL WASTE LANDFILLS
Section 812.301
Scope and Applicability
In addition to the information required by Subpart A, an
application for a permit to develop a putrescible or chemical
waste landfill shall contain the information required by this
Subpart, except as otherwise provided in 35 Ill. Mm. Code 817.
(Source: Amended at 18 Ill. Reg.
_________,
effective
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
22
SUBCHAPTER 1: SOLID WASTE AND SPECIAL WASTE HAULING
PART 813
PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS
SUBPART A:
GENERAL PROCEDURES
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
SUBPART B: ADDITIONAL PROCEDURES FOR MODIFICATION AND
SIGNIFICANT MODIFICATION OF PERMITS
Section
8.13.201 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
Section
813.301 Time of Filing
813.302 Effect of Timely Filing
813.303 Information Required for a Permit Renewal
813.304 Updated Groundwater Impact Assessment
813.305 Procedures for Permit Renewal
SUBPART D:
ADDITIONAL PROCEDURES FOR INITIATION
AND TERMINATION
OF TEMPORARY AND PERMANENT CLOSURE AND POSTCLOSURE CARE
Agency Notification Requirements
Certification
of Closure
Termination of the Permit
SUBPART E: REPORTS TO BE FILED WITH THE AGENCY
Annual Reports
Quarterly Groundwater Reports
Information to be Retained at or near the Waste
Disposal Facility
Section
813.101
813. 102
813. 103
813.104
813.105
813.106
813.107
813.108
813.109
813.110
813.111
Section
813.401
813.402
812.403
Section
813.501
813.502
813.503
23
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. 111½, pars. 1005, 1021, 1021.1, 1022,
1022.17, 1028.1 and 1027).
SOURCE: Adopted in R88-7 at 14 Ill. Peg.
15814, effective
September 18, 1990; amended in P92—19 at 17 Ill. Reg. 12409,
effective July 19, 1993; amended in P90-26 at 18 Ill. Req.
effective
NOTE: Capitalization indicates statutory language.
SUBPART A: GENERAL PROCEDURES
Section
813.101
Scope and Applicability
a) This Subpart contains the procedures to be followed by
all applicants and the Agency for applications for
permits required pursuant to Section 21(d) of the
Environmental Protection Act (Act) (Ill. Rev. Stat.
1989, ch. 111½, par. 1021(d)) and 35 Ill. Adni. Code
811, 812, and—814, and 817. The procedures in this
Part apply to applications to issue a permit to develop
and operate a landfill, to modify a permit, to renew an
expired
permit, and to conduct an experimental
practice.
b) All general provisions of 35 Ill. Adm. Code 810 apply
to this Part.
(Source: Amended at 18 Ill. Peg.
_________,
effective
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER
i: SOLID WASTE
AND SPECIAL WASTE HAULING
PART
814
STANDARDS FOR EXISTING LANDFILLS AND UNITS
SUBPART A:
GENERAL REQUIREMENTS
Section
814.101 Scope and Applicability
814.102 Compliance Date
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
24
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
Section
814.401 Scope and Applicability
814.402 Applicable Standards
SUBPART E: STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE
ONLY, OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES THAT MUST
INITIATE CLOSURE WITHIN TWO YEARS
Section
814.501 Scope and Applicability
814.502 Standards for Operation and
Closure
SUBPART F: STANDARDS FOR EXISTING UNITS ACCEPTING ONLY
LOW RISK WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES
THAT MAY REMAIN OPEN FOR MORE THAN SEVEN YEARS
Section
814.601 Scope and Applicability
814.602 Applicable Standards
SUBPART G: STANDARDS FOR EXISTING UNITS ACCEPTING
ONLY LOW RiSK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES
THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS
Section
814.701 Scope and Applicability
814.702 Applicable Standards
SUBPART H: STANDARDS FOR EXISTING UNITS ACCEPTING
POTENTIALLY REUSABLE STEEL OR FOUNDRY INDUSTRY WASTE ONLY,
OR ACCEPTING LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES
THAT MUST INITIATE CLOSURE WITHIN TWO YEARS
Section
814.801 Scope and Applicability
814.802 Standards for Operation and Closure
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. 111½, pars. 1005, 1021,
1021.1, 1022, 1022.17, 1028.1 and 1027).
25
SOURCE:
Adopted in P88-7 at 14 Ill. Reg. 15850, effective
September
18,
1990 amended in P90-26 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 Applicability
~j The standards in this Subpart are applicable to all
existing units of landfills, including those exempt from
permit requirements in accordance with Section 21(d) of
the Act, that have accepted or accept low risk wastes.
Based on an evaluation of the information submitted
pursuant to Subpart A of this Part and any Agency site
inspection, units that meet the requirements of this
Subpart may remain open for an indefinite period of time
beyond seven years after 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 comply with the
requirements of this Subpart are subiect to the
requirements of Subpart G or Subpart H of this Part.
(Source: added at 18 Ill. Peg.
_________,
effective
_______________________________________
)
Section
814.602 Ap~1icab1eStandards
~J
All of the requirements for new units described in 35
Ill. Mm. 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)
21
The foundation and mass stability analysis standards
in 35 Ill. Adm. Code 817.404 and 817.405
fl
The final cover requirements of 35 Ill. Adm. Code
817.410 shall not apply to units or parts of units
closed, covered, and vegetated prior to the effec-
tive date of this Sections
~j The liner and leachate drainage and collection
requirements of 35 Ill. Adm. Code 817.406, 817.407,
and 817.408; and
26
~j The hydrogeological site investigation requirements
of 35 Ill. Adm. Code 817.411, except that informa-
tion shall be
collected to implement a groundwater
monitoring program in accordance with 35 Ill. Mm.
Code 817.414 and 817.415 and establish background
concentrations for the purpose of establishing water
quality standards pursuant to 35 Ill. Adin. Code
817.416.
~j Units regulated under this Subpart shall be sublect to
the following standards:
fl
The unit must be equipped with
a system which will
effectively drain and collect leachate and transport
it to a leachate management system. However, if the
facility can provide proof that the federal MCLs
will not be exceeded at the compliance boundary, no
leachate collection or transport system shall be
required
21
The operator shall provide a long—term static safety
factor of at least 1.5 to protect a completed unit
against slope failure
21
Calculation
of the Design Period. For the purpose
of calculating financial assurance the design period
shall be calculated as follows:
~j The design period shall be no less than the
operating life of the landfill plus 15 years of
postclosure care
~j The postclosure care period shall be extended
by three years for each year the unit is
expected to be in operation up to the appli-
cable design period required by 35 Ill. Adin.
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 years
since 3 x 7 21 years is greater than the 20
years specified in Section 817.403(a), respec-
tively.)
(Source: added at 18 Ill. Peg.
_________,
effective
______________________________________
)
SUBPART G: STANDARDS FOP EXISTING UNITS ACCEPTING
27
ONLY LOW RISK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES
THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS
Section 814.701 Scope and Applicability
~j The standards in this Subpart are applicable to all
existing units of landfills, including those exempt from
permit requirements in accordance with Section 21(d) of
the Act, that have accepted or accept low risk wastes.
Based on an evaluation of the information submitted
pursuant to Subpart A of this Part and any Agency site
inspection, units that meet the requirements of this
Subpart shall initiate closure between two and seven
years after 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 sublect to the
requirements of Subpart H of this Part.
(Source: added at 18 Ill. Peg.
,
effective
_______________________________________
)
Section 814.702 Applicable Standards
~j All of the requirements for new units described in 35
Ill. Mm. Code 817 shall apply to units regulated under
this Subpart, except the following:
fl
The location standards in 35 Ill. Adin. Code
817.402(a), (c), (d), and (e)
21
The foundation and mass stability analysis standards
in 35 Ill. Adm. Code 817.404 and 817.405
~j The final cover requirements of 35 Ill. Adni. Code
817.407 shall not apply to units or parts of units
closed, covered, and vegetated prior to the effec-
tive date of this Section
j) The liner and leachate drainage and collection
requirements of 35 Ill. Mm. Code 817.406, 817.407,
and 817.408
~j The hydrogeological site investigation requirements
of 35 Ill. Mm. Code 817.411
,~j The groundwater impact assessment standards of
35 Ill. Mm. Code 817.413
21
The groundwater monitoring program requirements of
28
35
Ill. Adrn. Code 817.414(c); and
~j. The groundwater quality standards of 35 Ill. Mm.
Code 817.416(a), fb), and (c).
~j The following standards shall apply to units regulated
under this Subpart:
fl
No new units shall be opened and an existing unit
may not expand beyond the area included in a permit
prior to the effective date of this Section or, in
the case of permit exempt facilities, beyond the
area needed for landfilling to continue until
closure is initiated
21
After the effective date of this Section, the unit
may apply for supplemental waste stream permits pro-
vided, however, that the additional waste streams
are of a similar or compatible chemical makeup to
the wastes previously disposed of in the unit. The
unit may also continue to accept special waste under
permits existing prior to the effective date of this
Section and may renew those permits as necessary.
~) 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 ground surface. At any point
on the compliance boundary, the concentration of
constituents shall not exceed the applicable
groundwater quality standards of 35 Ill. Adin. Code
Part 620. The Board may provide for a zone of
attenuation and ad-just the compliance boundary in
accordance with Section 28.1 of the Act and the
procedures of 35 Ill. Adm. Code 106.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 hydrogeological characteristics of the unit
and surrounding land, including any natural
attenuation and dilution characteristics of the
~ ife r
~j The volume a~ physical and chemical char-
acteristics of the leachate
çj The quantity, quality, and direction of flow of
groundwater underlying the facility
29
Q~
The proximity and withdrawal rates of groun~
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
~J
Public health, safety, and welfare effects; and
flj 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.
~4j Calculation of the Design Period. For the purposes
of calculating financial assurance the design period
shall be calculated as follows:
~j The design period shall be no less than five
years; and
~j 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. Adm. 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. Peg
effective
SUBPART H: STANDARDS FOP EXISTING UNITS ACCEPTING
POTENTIALLY REUSABLE STEEL OR FOUNDRY INDUSTRY WASTE ONLY,
OR ACCEPTING LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES
THAT MUST INITIATE CLOSURE WITHIN TWO YEARS
Section 814.801
Scope and Applicability
~j The standards in this Subpart are applicable to all
existing units of landfills,
including those exempt from
permit requirements
in accordance with Section 21(d) of
the Act, that accept potentially reusable waste only, or
which accept low risk waEtes.
~j All units that cannot demonstrate compliance with the
requirements of Subparts B, F, or G of this Part, or are
30
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.
~j. 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. Peg
effective
Section 814.802 Standards for Operation and Closure
All units regulated in this Subpart are sublect to all
requirements in 35 Ill. Adm. Code 807.
~j All units regulated under this Subpart are sub-ject to all
conditions of the existing permit.
(Source: added at 18 Ill. Peg
effective
THE BOARD ADDED THE
FOREGOING TO THE PROPOSAL
FROM
THIS POINT ALL REVISIONS ARE REDLINED
TITLE 35: ENVIRONMENTAL
PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL
BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 815
PROCEDURAL REQUIREMENTS FOR ALL
LANDFILLS EXEMPT FROM PERMITS
SUBPART A:
GENERAL REQUIREMENTS
Section
815.101
815.102
Section
815.201
815.202
815.203
815.204
Scope and Applicability
Required Signatures
SUBPART B: INITIAL FACILITY REPORT
Scope and Applicability
Filing Deadline
Information to be Filed
Required Signatures
SUBPART C: ANNUAL REPORTS
Scope and Applicability
Reporting Period
Information to be Submitted
Section
815.301
815.302
815.303
31
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. 111½, pars. 1005, 1021, 1021.1, 1022,
1022.17, 1028.1 and 1027).
SOURCE: Adopted in P88—7 at 14 Ill. Peg. 15807, effective
September 18, 1990; amended in P90—26 at 18 Ill. Req.
effective
SUBPART B:
INITIAL FACILITY REPORT
Section 815.202
Filing Deadline
a)
Existing 35 Ill. Adin. Code 811 Facilities
The initial facility report shall be filed with the
Agency within two years of the effective date of this
Part.
b) Existing 35 Ill.
Adni. Code 817 Facilities
Those facilities
covered by 35 Ill.
Mm.
Code 817 shall
file an amended initial facility report within one year
of the effective date of that Part.
çj 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 qu~rtcrly report, to any list of background
concentrations prepared in accordance with 35 Ill. Ad~. Code
8fl.320(d) (1) or 8~.4a6~djL1J~ as app1icab~.e.
PART 817, WHICH FOLLOWS, IS
AN ENTIRELY NEW PART------
AS SUCH, THE ADDITIONS ARE
NOT
INDICATED BY UNDERLINING
—-
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WASTE DISPOSAL
CHAPTER
I: POLLUTION CONTROL BOARD
SUBCHAPTER
1: SOLID WASTE AND. SPECIAL WASTE
HAULING
PART 817
REQUIREMENTS FOR NEW STEEL AND FOUNDRY INDUSTRY WASTES LANDFILLS
SUBPART A: GENERAL REQUIREMENTS
Section
817.101
Scope and Applicability
817.102
Definitions
817.103
Determination of Waste Status
817.104
Sampling Frequency
.817.105
Waste Classification
817.106
Waste Classification Limits
817.107
Waste Mining
SUBPART B: STANDARDSSTEEL
ANDFORFOUNDR’~MANAGEMENTINDUSTR’~OF WASTESBENEFICIALLY
USABLE
Section
817.201
Scope and Applicability
817.202
Limitations on Use
817.203
Notification
817.204
Long-Term Storage
SUBPART C: STEEL
AND FOUNDRY INDUSTRY POTENTIALLY
USABLE
WASTE LANDFILLS
Section
817.301
Scope and Applicability
8.17.302
Design Period
817.303
Final Cover
817.304
Final Slope and Stabilization
817.305
Leachate Sampling
~17.306
Load Checking
817.307
Closure
817.308
Nuisance Precautions
SUBPART D: NEW
STEEL AND
r3LTNLY INDUSTRY LOW
RISK WASTE
LAN DFI LLS
Section
817.401
Scope ~ Applicability
817.402
Facility
Location
33
817.403
Design Period
817.404
Foundation and Mass Stability Ana’ysis
817.405
Foundation Construction
817.40?
Liner Systems
817.407
Leachate Drainage System
817.408
Leachate Collection Syster~1
817.409
Leachate Treatment and Disposal System
817.410
Final Cover System
817.411
Hydrogeologic Site Investigations
817.412
Plugging and Sealing of Drill Holes
817.413
Groundwater Impact Assessment
817.414
Design, Construction and Operation of Groundwater
Monitoring Systems
817.415
Groundwater Monitoring Programs
817.416
Groundwater Quality Standards
817.417
Waste Placement
E17.418
Final Slope and Stabilization
817.419
Load Chec~:ing
817.420
Closure and Written Closure Plan
817.421
Postclosure Maintenance
SUBPAP.T E: CONSTRUCTION QUALITY ASSURANCE PROGRAP
Section
817.501
Scope and Applicability
Section
8..7.Appendix A Organic Che~ica1 Constituents List
AUTHORITY: Implementing Sections S~ 21., 21.1, 22,~22.17,.28.i,
and authorized by Section 27 of the Environmental Protection Act
(Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021,1021.1,1022,
1022.17, 1028.1 and 1927 ~4l5 ILCS 5/5, 5/21, 5/21.1, 5/22,
5/22.17, 5/28.1, and 5/27)).
SOURCE: Adopted in P90-26 at 18 Ill. Peg.
_________,
effective
SUBPART A: GENERAL REQUIREMENTS
Section 817.101 Scope and Applicability
a) In addition to the requirements of 35 Ill. Adm. Code
811.Subpart A, the standards of this Part apply
exclusively to non-~putrescible wastes from the steel and
foundry industries. Steel and foundry industries are
those covered by SIC Industry Group numbers 331 and 332
with the exception of those industries identified by SIC
code 3313.
b) Landfill units regulated under this Part shall accept
waste only from the steel and foundry industries.
34
c)
This Part shall not apply to the not otherwise prohibited
use of iron and steelmaking s1ags~ including the use as a
base for road building, but not including use for land
reclamation except as allowed under subsection (e)
d) This part shall not apply to the not otherwise prohibited
use of foundry sand which has been demonstrated as
suitable for beneficial use under Se.ction 817.10~.,
including the use as a base for road building, but not
including use for land reclamation except as allowed
under subsection (e)
e) The use of iron and steelinaking slags and foundry sands
for land reclamation purposes may be approved by the
Agency provided it is determined that these uses do not
pose a threat to public health and the environment.
1). This part shall not apply to the use or reuse of iron and
steelinaking slags and foundry sands as ingredients in an
industrial process to make a product.
Section 817.102 Definitions
Th
addition to the definitions of 35 111. Mm.. Code 810.103, the
tollowing terms shall have the following meanings for the
purposes of this Part only:
‘~Beneficiallyusable waste”
HOARD
NOTE: (The hoard has requested that the proponent
(steel and foundry) industries provide a definition of
this term,
~‘Lowrisk wast&’
BOARD NOTE:
(The Board has requested that the proponent
(steel and foundry) industries provide a definition of
this term.
“Potentially usable waste”
8OARD NOTE: (The Board has requested that the proponent
(steel and foundry) industries provide a definition of
this term.)
Section 817.103 Determination of Waste Status
a) A representative sample of leachate extracted by ASTM
Method D3987—85, incorporated by reference ~fl35 Ill.
~dm. Code 810.204 from each waste stream to be disposed
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 ASTM Method D2234—76.,
incorporated by reference
~.n
35 Iii Miii Code 810 204
35
bI).disposalActual samplesunit
or
of
beneficial
leachate from
use site
an existing
may be utilized
solid waste
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
al)
All individual wastes streams
shall be tested annually
pursuant to 817.103(a).
b~ Additional testing on individual waste streams shall be
conducted when any of the following occurs:
1) There is a change in the raw materials which could
result in a change in the wastes’ classification;
2)
There is
a modification to the process which gener-
ates the waste and the change could significantly
affect the wastes’ 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~l~basisWastesofregulatedleachingbypotentialthis Partas shalldeterminedbe classifiedby
the
on the
procedure at Section 817.1013..
b). Wastes regulated by this ~ubpart shall fall into one of
four classifications:
1) Beneficially Usable
waste,
2) Potentially usable waste,
3) Low z~iskwaste, or
4)
Chemical waste
cI) Maximum allowable ieaching concentration (MALC) for the
beneficially usable,
potentially usable and low risk
classes are presented in the table at Section
817.10~.
36
Wastes exceeding the MALCs for the low risk class shall
be regulated as chemical jastes under 35 Iii. Adin. Code
811.Subpart C.
Section 817.l0~ Waste Classification Limits
a) ~aximum 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
1.0
2.0
5.0
Cadmium
0.005
0.01
0.05
Chromium
0.1
0.2
0.25
Lead
0.05
0.1
0.25
Nitrate
l0~
20
30..
Selenium
0.05
0.05
0.25
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-1, 2—Dichloro-
ethylene
0.1
0.2
0.5
1, 2-Dichioro—
propane
0.005
0.01
0.025
Ethylbenzene
0.7
~
3.5
Nonochlorobenzene 0.1
0.2
0.5
Styrene
0.1
0.2
0.5
Tetrachioro—
ethylene
0.005
0.01
0.025
Toluene
1~
2
1,1, l—Trichloro—
ethane
0.2
0.4
111.
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)
37
Chloride
250.,
2501.
500:~
Manganese
0.15
0.75
3.75
Copper
5.
51..
10~
Iron
5.
5~
15.1.~.
Sulfates
400.
40011,
8001~
Zinc
5.
10
50,
Total Dissolved
Solids (TDS) 1,200
1,200
3,5004
b)1 The Agency, pursuant to a permit, may allow exceedences
of any secondary standard provided that the permit
applicant can make an adequate showing that the limit
increase will not adversely impact human health or the
environment.
Section 817 107
Waste Mining
a1~.. Landfills covered by this Part, including previously
abandoned or closed units, may be mined to recover
useable materials. The handling, storage, and ultimate
use of the mined wastes must conform with the
requirements of this Part
b)1 A closure plan for the mined area must be developed
prior to initiating mining activity. The closure plan
must be consistent with the closure requirements of
$.l,l1.~.~1il1l1lili~i.i:~
c)~ If the facility is conducting mining operations on the
effective date of this rule, a closure plan must be
submitted within 60 days of the effective date of this
?art
If, during the mining operation, wastes are discovered
in the landfill that exceed the leaching limits for low
risk wastes, the closure plan must be amended to ensure
that the closure complies with the standards of ~5 111.
~dm Code 814 402
e1~1 If no waste is removed from the landfill for a period
of greater than one year, the facility must initiate
closure.
fl
portionsFollowingofcompletionthe landfillof
thethatminingwere
disturbedactivity,
thoseand
that
still contain waste must 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.
38
SUBPART B: Il: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. Aiim. Code
811.101 and 811.102, shall apply to all steel and fcundry
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 comii~ercia1ly available materials
including soil used for land reclamation purposes.
Open dumps containing beneficial waste are prohibited.
b) Storers of wastes shall take all necessary precautions
to ensure that the waste piles do not present a dust or
runoff nuisance or produce violations of the Act or
regulations promulgated pursuant thereto.
c) Access to the open face of the unit and all other areas
within the boundaries of the facility shall be
restricted to prevent unauthorized entry at all times.
Section 817.203
Notification
a) The generator of wastes regulated by this Subpart,
including persons conducting waste mining under
817.102.,, 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
2)
the
A demonstration
unaterial1
that the proposed material
handling activity will notlil~.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;
39
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 10~,
5) A physical analysis of the waste including percent
moisture, ignitability, corrosivity, solubility,
arid reactivityl;
6) Groundwater monitoring data, if available~and
7) A description of the proposed use or reuse
activity and site including location, special
handling instructions, and estimated usage
timetable.
Section 817.204
Long-Term Storage
Storage piles and landfills that are regulated by this subpart
and that have not had waste either added to or removed from the
unit for more than eighteen months must be closed as a landfill
pursuant to the provisions of Subpart C of this Part Persons
who store waste for periods ofmore than one year may obtain an
extension of the closure requirement from the Agency provided
that proof,, in the form of a past or present sales contract, a
request for quotation or similar evidence, of a specific market
for the material is provided.
SUBPART C::liliY~l:liSTEEL 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. Mm. Code 811.Subpart A, shall apply to all landfills in
which only potentially usable waste is to be placed.
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
40
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 dec~cr~edand con-
structed to achieve a minimum st~~c slope safety
factor of 1.5
~
seismic safety factor of
1.3.
b) Standards1)
Vegetationfor
~vegetation~shall
be promoted1
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
41
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 potentlilly useable waste,
as defined in Section 817.10, have not been exceeded
for four consecutive sampling periods, the subsection
(b) sampling frequency for organics shall be reduced to
once every two years.
d) If the results of testing of leachate samples in accor-
dance with subsection (b) above confirm that the
leachate exceeds the limits fórpotentially usable
waste as defined in Section 817.10~., 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 äraIys s of the results in accordance with
35 Ill. Adm. Code 811 320(e), it is determined that the
facilityleachát.é exceeds the Section 817.10~. 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;
42
2) shall immediately be subject to the requirements
for Low Risk Waste Landfills of 35 Iii
Mm.
Code
814.602.
.
f) If the results of the retesting completed pursuant to
Section 817.305(d) (2) indicate that the leachate
exceeds the Section 817 106 limits for low risk waste
landfills, the facility:
“
1) shall no longer be subject to the potentially
useable waste landfill requirements of Subpart C
2) shall immediately cease accepting waste;
3) shall, within 60 days, develop a closure plan that
incorporates the requirements of 35 Ill. Adm Code
8l1i~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. Mm. 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~1i~f~tbI~ill:P,art.
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 Iii.
Mm. 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
43
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.
C)
The operator shall include the results of the load
checking in the innual ~:.eportsubmitted to the Agency
in accordance with 35 Ill. Adm. Code 813.501 for
permitted facilities and 35 Ill. Adun. Code 815.Subpart
C for non-permitted facilities.
Section 817.307
Closure
.a) The final slopes and contours shall be designed to
complement and blend with the surrounding topography of
the proposed final land use of the area.
b) All drainage ways and swales shall be designed to
safely pass the runoff from the 100-year, 24—hour
precipitation event without scouring or erosion.
c) The final configuration of the facility shall be
designed in a manner that minimizes the need for
further maintenance.
d) Closure of the landfill must be conducted pursuant to a
written closure plan.
e) The landfill must have a closure plan that shall
include, at a minimum:
1) a description of the steps necessary to complete
the closure pursuant to the requirements of this
Subpart;
2) an estimate of the expected year of commencement
of closure;
3) a schedule identifying all major closure
activities and the estimated time for completion
of each of the identified activities; and
4) a contingency plan for premature closure of the
facility.
f) The landfill may continue to accept waste during
closure if additional volume is needed to achieve the
final design contours specified in the landfill’s
design drawings.
Section 817.308
Nuisance Precautions
44
Owners and operators of landfills regulated under this Subpart
shall take all necessary precautions to ensure that thefacility
does not present a dust or runoff nuisance or produce violations
of the Act or regulations promulgated pursuant thereto.
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. Adin. Code
81l.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 Aàt..
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
)~,1
unless there is a stratum
between the bottom of thewaste 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 1x1o~..: 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
45
interstate highway shall have its operations screened
from view by a barrier of natural objects, fences, bar-
ricades, or plants no less than 2.44 meters (8 feet) in
height.
d) No part of a unit shall be located closer than 152
meters (500 feet) from an occupied dwelling, school, or
hospital that was occupied on the date when the
operator first applied for a permit to develop the unit
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.
46
Section 817.405
Foundation Construction
a) If the in situ material provides insufficient strength
to meet the requirements of Section 817.404, then the
insufficient material shall be removed and replaced
with clean materials sufficient to meet the
requirements of Section 817.404.
b) All trees, stumps, roots, boulders and debris shall be
removed.
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 jiner standards~
1) The minimum allowable thickness shall be 0.91
meters ~(3.0feet).
2) The liner shall be compacted to achieve a maximum
hydraulic conductivity of 1x10~centimeters per
second.
3) The construction and compaction of the liner shall
47
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
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 3~’IIl’. Adin. 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 connection 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 arid
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
48
requirements of this Section;
2) The technology or material has been successfully
utilized in at least one application or pilot
facility similar to the proposed application;
3) Methods for manufacturing quality control and
construction quality assurance can be implemented
and
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 rio less than 0.30 meter
(one foot) thick and shall have a hydraulic con-
ductivity equal to or greater than 1x10~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.
49
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 an~1the 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. The operator is
responsible for the operation of a leachate management
system designed to handle all leachate removed from the
collection system. The leachate management system
shall consist of any combination of storage, treatment,
pretreatment, and disposal options designed and
constructed in compliance with the requirements of this
Section.
b) The leachate management system shall consist of any
combination of multiple treatment and storage struc-
tures, to allow the management and disposal of leachate
during routine maintenance and repairs.
c) Standards for on-site treatment and pretreatment:
50
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 dut~ingthe 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.
3) Leachate storage systems shall be fabricated from
51
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
requirementsl:
A) All discharges of effluent from the treatment
works shall meet the requirements of 35 Ill.
Adrn. 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 s,,~all meet the
requirements of 35 111 Adm Code 307
~aM
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)l~::labôve.
6) Where leachate is not directly discharged into a
sewerage system, the operator shall provide
storage capacity sufficient to transfer all
52
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 ~èr”quarter.’”Thé”frèquency 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”f~~~uency
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 ~
817 106 and the constituents listed in
Section
81.7 Appendix A of this Part,
C) Any other constituents listed in the opera-
tor’s NPDES discharge permit, pursuant to 35
Ill. Adin. 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 4l5(a)(2)(B) and
used by the oper~t’~~”for groundwater
monitoring.
g) Time of operation of the leachate management system
1) The operator shall collect and dispose of leachate
after closure until treatment is no longer neces-
sary.
2) Treatment is no longer necessary if the leachate
constituents do not exceed the wastewater effluent
53
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”ri’sk’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.
1) 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
that the facility leachate exceeds the
5ection 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 th.S
Part,
2) shall be subject to the requirements for ~:II~hemica1
waste ~andfil1s of
~
814 .302.
j)
Leachate sampling and analysis shall be completed in
accordance with the standards of 35 1U1 ~4m. code
817 414(e) (1), (e)(3), (e)(4), and (e)(5)
Section 817.410
Final Cover System
a) The unit shall be covered by a final cover consisting
of a low permeability layer overlain by a final
protective layer constructed in accordance with the
requirements of this Section.
54
b) Standards for the low permeability ayer:
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:
i3~
The minimum allowable thickness shall be
0.61 meters (2.0 feet);
ii): The layer shall be compacted to achieve
a permeability of 1x10~centimeters per
second and minimize void spaces.
ui)1
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
(h) (3) A) (ii) above
B) A geomembrane constructed in accordance with
the following standards:
i~) The geoxnembrane shall provide
performance equal or superior to the
compacted earth layer described in
subsection (b’) (3) (A) above
~
The geoxnembrane shall have strength to
withstand the normal stresses imposed by
the waste stabilization process.
iii) The geomembrane shall be placed over a
prepared base free from sharp objects
and other materials which may cause
damage.
C); Any other low permeability layer construction
techniques or materials, provided that they
provide equivalent or superior performance to
the requirements of this subsection.
55
c) Standards for the final protective layer~
1)’ The final protective layer shall cover the entire
low permeability layer.
21) 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 ~1equirements~,.~
1) The investigation shall be conducted in a minimum
of three phases prior to submission of any
application to the Agency for a permit to develop
and operate a landfill facility.
2) The study area shall consist of the entire area
occupied by the facility and any adjacent areas,
if necessary for the purpose of the
hydrogeological investigation set forth in
subsection (a) above
3) All borings shall be sampled continuously at all
recognizable points of geologic variation, except
where non—continuous sampling can provide equiva-
lent information, samples shall be obtained at
intervals no greater than 1.52 meters (five feet)
in homogeneous strata.
56
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 Ge~logica1
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
investigator, but shall be sampled
continuously.
d) Minimum requirements for a Phase II hydrogeologic
investigation (Phase II
investigation)
1) Information to be developed
57
Using the information developed in the Phase I
survey, a Phase II investigation shall be
conducted to collect’ the s té-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.
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
58
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;
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
59
chroinatographic 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 $ection
817 106 (MALCs) or Section 617.Appendix A of
this Pa’rt”and which”i’~’”e’~ectedto 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.
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:
60
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 ~‘erforming the ~‘roundwater ~impact
assessment:
1) The operator shall estimate the amount of seepage
from the unit during operations which assume:
A) That the minimum design standards for slope
configuration, cover, liner, leachate
drainage and collection system apply; and
B) That the actual design standards planned for
the unit apply. Other designs for the unit
may be used if determined by the operator to
be appropriate to demonstrate the impacts to
groundwater.
2) The concentration of constituents in the leachate
shall be determined from actual leachate samples
from the waste or similar waste, or laboratory—
derived extracts.
3) The operator shall estimate the capability of the
61
geology and hydrology beneath the unit to meet the
groundwater quality standards of Section 817 416
at the edge of the zone of attenu’âtiön. The
estimate shall be based on the volume and
concentration of the leachate seepage estimated in
subsections (a) (1) (A) and
(a)
(1) (B) of this
‘Section arid shall consider”the applicable
information assembled under SectIon 817 411
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.
2) The network shall include at least one monitoring
well upgradient to the potential source(s) of
discharge to provide background groundwater
quality data.
3) Monitoring wells shall be located in stratigraphic
horizons that could serve as contaminant migration
pathways.
4) 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.
62
5) 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.
6) 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)
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 allowabL” predicted
concentration (MAPC) for each monitored constituent
shall be determined as follows:
1) MAPC’s for those constituents with an MALC
identified as a primary standard shall be
background plus 10 percent of the MALC. MAPC’s
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
B17.Appendix A of this Part, the MAPC shall be the
practicable quanitation limit (PQL) or, if the
coristiü’ént”càh~’i~’&ã’tior”èxc’eéds‘the PQL in the
background sample, the MAPC shall be the
background constituent concentration.
d) Standards for nionitoring 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
63
the desired interval. Annular space between the
borehole wall and well screen section shall be
packed with gravel sized to avoid clogging by the
material in the zone being monitored. The slot
size of the screen shall be designed to minimize
clogging. Screens shall be fabricated from
material expected to be inert with respect to the
constituents of the groundwater to be sampled.
3) Annular space above the well screen section shall
be sealed with a relatively impermeable,
expandable material such as a cement/bentonite
grout, which does not react with or in any way
affect the sample, in order to prevent
contamination of samples and groundwater and avoid
interconnections. The seal shall extend to the
highest known seasonal groundwater level.
4~ The annular space shall be back—filled with
expanding cement grout from an elevation below the
frost line and mounded above the surface and
sloped away from the casing so as to divert
surface water away.
51:’ 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.
71 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)11
Other sampling methods and well construction tech-
niques may be utilized if they meet the water well
construction standards of 77 Ill. Adm. Code part
920 or if the Agency has issued a written
approval.
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
64
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.
31~’11
The operator shall establish a quality assurance
program that provides quantitative detection
limits and the degree of error for analysis of
each chemical constituent.
4): The operator shall establish a sample preservation
and shipment procedure that maintains the
reliability of the sample collected for analysis.
5): The operator shall institute a chain of custody
procedure to prevent tampering and contamination
of the collected samples prior to completion of
analysis.
6)~ At a minimum, the operator shall sample the
following parameters at all wells at the time of
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 ~ionitoring 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 à’dtéd’t’ih”mOhitOr’ih~’”
program in accordance with the following requirements:’
1) Monitoring schedule and frequency:
65
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 period of
fifteen years after closure. The operator
shall sample all monitoring points for all
potential sources of contamination on a quar-
terly basis except as specified in subsection
(a)(3) belo~w or may institute more frequent
‘~‘à~~lih~”throughout the time the source con-
stitutes 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 ~APC 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)(i~A) above, the monitoring
~
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 r4APC, 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 ten years after closure. Monitoring,
beyond the minimum period, may be discontinued
under the following conditions:
66
i) No statistically significant increase is
detected in the concentration of any con-
stituent above that measured and recorded
during the immediately preceding scheduled
sampling for three consecutive years, after
changing to an annual monitoring frequency;
or
ii) Immediately after contaminated leachate is no
longer generated by the unit.
2) Criteria for choosing constituents to be znonitored:
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
8i7.~AppendixA of this Part The analysis shall
beat least as sensitive as the procedures
provided at 40 CFR 141.40 (1919121), incorporated by
reference at 35 Ill. Adm. Cod’ 810.104.
B) At least once every two years, the operator shall
monitor each well in accordance with subsection
(a) (3) (A) above
67
4) Confirmation of nionitored increase:
A) The confirmation procedures of this Section shall
be used only if the concentrations of the con-
stituents 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,.
as
defined in section
817.102 The operator shall institute the
Oonfirmation procedures of subsection (a) (3) (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 subsectiom
(a) (1) and (a) (2) above shows a progressive
increase over four”d’önsecutive quarters;
ii) The concentration of any constituent exceeds
the MA?C
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
concenbӈtlon 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 in-
crease 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 ~5
11).
Adm..
Code 811.320(e), so as to confirm’th~’”’
observed increase. The operator shall notify
the Agency of any confirmed increase before
the end of the next business day following
the confirmation. The verification procedure
shall be completed within 90 days of the
68
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 pro-
vide the rationale used in such a determina-
tion 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 plans shall
69
be filed for review as a significant permit
modification pursuant to 35 Ill Adm Code
8l3.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 constituents, 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 constituents is attributable to the
solid waste disposal facility and exceeds the
MAPC within the zone of attenuation, then the
ópérator 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”iinpact
assessment in accordance with subsection (b) (4)
above shall assess the potential impacts outside
thE”thne of attenuation that may result from con-
firmed 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
70
groundwater contaminant transport (GCT) model
in accordance with 35 11). Adm. Code
811.317(c); and
‘
2) The operator shall submit the groundwater
impact assessment, GCT modeling and results,
and any proposed remedial action plans
determined necessary pursuant to subsection
(d) to the Agency within 180 days of the
start of the assessment monitoring program.
d) Remedial ~ction:
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 per-
formed in accordance with subsection (c)
above, indicates that remedial action is
néedéd; or
B) Any confirmed increase above the appli-
cable groundwater quality standards of
Section 817.416 is determined to be
attributable to the solid waste disposal
facility in accordance with subsection
(b) ~1~O~v~è
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
71
C) Agency approval of the remedial action
plan, where
the facility has been per-
mitted 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 ~ibsectjon (d) (5) below in a timely and
apprOpriate ~ànner:
A)
Retrofit additional groundwater protec-
tive measures within the unit;
B) Construct an additional hydraulic bar-
rier, such as a cutoff wall or slurry
wall system;
C) Pump and treat the contaminated ground-
water; 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 con-
tinue 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 sub-
section (d) (5) (A) above If the
facility is permitte’d”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 background concentration, at or
beyond the zone of attenuation. The applicable
groundwater quality standard established for any
constituent shall be:
72
A) The background concentration; or
B) The Board—established standard adjusted by
the Board in accordance with the
justification procedure of subsection (b)
~‘low.
2) Any statistically significant increase above an
applicable groundwater quality standard
established pursuant to subsection (a) (1) above
that is attributable to the facility aña”~”1”i’~”
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 the following
definiti~:
A) “Background concentration” means that
concentration of a constituent that is
established as the background in accordance
with subsection (d); and
B) “Board~.i1~1establishedstandard” 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.
2) For groundwater which contains naturally occurring
constituents which meet the requirements of 35
Ill. Adm. Code Part 620, the Board will specify
adjusted groundwater quality standards no greater
than those of 35 Ill. Adm. Code Part 620, upon a
demonstration by the generator that:
A) The change in standards will not interfere
with, or become injurious to, any present or
potential beneficial uses for such waters;
B) 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
73
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
C) All technically feasible and economically
reasonable methods are being used to prevent
the degradation of the groundwater quality.
3) For groundwater which contains naturally occurring
constituents which do not meet the standards of 35
Ill. Adrn. Code Part 620, the Board will specify
adjusted groundwater quality standards, upon a
demonstration by the operator that:
A) The groundwater does not presently serve as a
source of drinking water;
B) The change in standards will not interfere
with, or become injurious to, any present Or
potential beneficial
uses for such waters;
C) The change in standards is necessary for
economic or social development, by providing
information including, but not limited to,
the impacts of the standards on the regional
economy, social disbenefits such as loss of
jobs or closing of landfills, and economic
analysis contrasting the health and
environmental benefits with costs likely to
be incurred in meeting the standards; and
D) The groundwater cannot presently, and will
not in the future, serve as a source of
drinking water because:
i) It is impossible to remove water in
usable quantities;
ii) the groundwater is situated at a depth
or location such that recovery of water
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;
74
iv) The total dissolved solids content of
the groundwater is more than 3,000 mg/l
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/l.
C)
Determination of the zone of attenuation
1) The zone of attenuation, within which
concentrations of constituents in leachate
discharged from the unit may exceed the applicable
groundwater quality standard of this Section, is a
volume bounded by a vertical plane at the property
boundary or 100 feet from the edge of the unit,
whichever is less, extending from the ground
surface to the bottom of the uppermost aquifer and
excluding the volume occupied by the waste.
2) Zones of attenuation shall not extend to the
annual high water mark of navigable surface
waters.
3) Overlapping zones of attenuation from units within
a single facility may be combined into a single
zone for the purposes of establishing a monitoring
network.
d) Establishment of background concentrations~
1) The initial monitoring to determine background
concentrations shall commence during the
hydrogeological assessment required by Section
817.411. The background concentrations for those
parameters identified in Sections 817 411(e) (1) (G)
and 817.415(a) (2) and (a)”i’3)”~”J”ã”l1 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
75
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.
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.
76
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”~ët’O’rtransformation 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”f’’~Om”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 M~P’C; and
B) The established background concentration of
any chemical constituents over time.
2) The statistical test or tests used shall be based
upon the sampling and collection protocol of
Sections 817.414 and 817.415.
3) Monitored data that are below the level of
detection shall be reported as not detected (ND).
The level of detection for each constituent shall
be the minimum concentration of that constituent
which can be measured and reported with 99 percent
confidence that the true value is greater than
zero, which is defined as the method detection
limit (MDL). The following procedures shall be
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,
77
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)
be
lOw. However, where data are notӖormally
distributed, the operator shall use an
applicable nonparametric test from subsection
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—
test.
B) Parametric analysis of variance (ANOVA) fol—
lowed
by one or more of the multiple compari-
son procedures including, but not limited to,
Fisher’s Least Significant Difference (LSD),
Student Newman-Kuel procedure, Duncan’s New
Multiple Range Test
and Tukey’s W procedure.
C) Control Charts, Prediction Intervals and
Tolerance Intervals, for which the type I
error levels shall be specified by the Agency
in accordance with the requirements of 35
Ill. Adm. Code 724.197(i).
5) Nonparametric statistical tests shall include:
Mann-Whitney U-test, Kruskal-Wallis test, a non-
parametric analysis of variance (ANOVA) for
multiple comparisons or the Wilcoxon Rank Sum
test.
6) Any other statistical test based on the distribu-
tion of the sampling data may be used, if it is
demonstrated to meet the requirements of 35 Ill.
Adm. Code 724.197(i).
Section 817.417
Waste Placement
a) Phasing of cperations:
78
1) Waste disposal operations shall move from the
lowest portions of the unit to the highest por-
tions. Except as provided in subsection (a) (2)
below, the placement of waste shall begin in the
‘lOw at part of the active face of the unit,
located in the part of the facility most
downgradient with respect to groundwater flow.
2) The operator may dispose of wastes in areas other
than those specified in subsection ~a)(l) above
only under any of the following cond”ft’io~i’C”i”
A) Climatic conditions, such as wind and
precipitation, are such that the placement of
waste in the bottom of the unit would cause
water pollution, litter, damage to any part
of the liner or damage to equipment;
B) The topography of the land surrounding the
unit makes the procedure of subsection ~a)(1)
above environmentally unsound, for example,
bec’áüse steep slopes surround the unit;
C) When groundwater monitoring wells,
constructed in accordance with the
requirements of 35 IlL. ~*. Code 811 319,
are placed 50 feét,”ör less dO’wngradient
from the filled portions of the unit; or
D) Equipment required for placement is temporar-
ily unavailable.
b) Initial Waste placement
1) An initial layer of waste, a minimum of five feet
thick, shall be placed over the entire liner as
soon as is practicable after construction, but
prior to the onset of weather conditions that may
cause the compacted earth liner to freeze.
2) Waste shall not be placed over areas that are sub-
ject to freezing conditions until the liner has
been inspected, tested, and reconstructed (if
necessary) to meet the requirement of 35 Ill. Adni.
Code 811.306.
Section 817.418
Final Slope and Stabilization
a) All final slopes shall be designed and constructed to a
grade capable supporting vegetation and which minimizes
erosion.
79
b) All slopes shall be designed to drain runoff away from
the cover and which prevents ponding. No standing
water shall be allowed anywhere in or on the unit.
c) Vegetation;.
1) Vegetation shall be promoted on all reconstructed
surfaces to minimize wind and water erosion of the
final protective cover;
2) Vegetation shall be compatible with the climatic
conditions;
3) Vegetation shall require little maintenance;
4) Vegetation shall consist of a diverse mix of
native and introduced species that is consistent
with the postclosure land use;
5) Vegetation shall be tolerant of the landfill gas
expected to be generated;
6) The root depth of the vegetation shall not exceed
the depth of the final protective cover system.
7) Temporary erosion control measures, including but
not limited to mulch straw, netting and chemical
soil stabilizers, shall be undertaken while
vegetation is being established.
d) Structures constructed over the Unit~
1) Structures constructed over the unit must be com-
patible with the land use;
2) Such structures must in no way interfere with the
operation of a cover system, leachate collection
system or any monitoring system.
Section 817.419
Load Checking
a) The operator shall not accept wastes for disposal at an
offsite low risk waste landfill unless it is
accompanied by documentation that such wastes are low
risk wastes based on testing of the leachate from such
wastes performed in accordance with the requirements of
Section 817.103.
b) The operator shall institute and conduct a random load
checking program at each low risk waste facility in
accordance with the requirements of 35 Ill. Adm. Code
80
811.323 except that this program shall also be
designed:
1) to detect and discourage attempts to dispose non-
low risk wastes at the landfill;
2) to require the facility’s inspector 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 in accordance with Section
817.10~(a)and (b) to determine if the waste is
low risk.
c) The operator shall include the results of the load
checking in the Annual Report submitted to the Agency
in accordance with 35 Ill. Adm. Code 815.Subpart C for
non—permitted facilities.
Section 817.420
Closure and Written Closure Plan
a) The final slopes and contours shall be designed to
complement and blend with the surrounding topography of
the proposed final land use of the area.
b) All drainage ways and swales shall be designed to
safely pass the runoff from the 100-year, 24-hour
precipitation event without scouring or erosion.
c) The final configuration of the facility shall be
designed in a manner that minimizes the need for
further maintenance.
d) Written closure plan;
1) The operator shall maintain a written plan
describing all actions that the operator will
undertake to close the unit or facility in a
manner that fulfills the provisions of the Act, of
this Part and of other applicable Parts of 35 Ill.
Adm. Code: Chapter I. The written closure plan
shall fulfill the minimum information requirements
of 35 Ill. Adin. Code 812.114.
2) A modification of the written closure plan shall
constitute a significant modification of the
permit for the purposes of 35 Ill. Adm. Code
813.Subpart B.
Section 817.421
Postclosure Maintenance
81
a) The operator shall treat, remove from the site, or
dispose of all wastes and waste residues within 30 days
after receipt of the final volume of waste.
b) The operator shall remove all equipment or structures
not necessary for the postclosure land use, unless
otherwise authorized by permit.
C)
Maintenance and inspection of ~,.:iflal~‘~overand
c1~egetation:
“
1) Frequency of nspections:
A) The operator shall conduct a quarterly
inspection of all vegetated surfaces for a
minimum of five years after closure, and
after five years, the operator may reduce the
frequency to annual inspections until
settling has stopped and there are no eroded
or scoured areas.
SUBPART E:CONSTRUCTIONQUAI~
Section 817.501
Scope and Applicability
All structures necessary to comply with the requirements of this
Part shall be constructed according to a construction quality
assurance program that, at a minimum, meets, the requirements of
35
Ifl. Ad~t~Code 811 Subpart E
Section 817.Appendix A Organic Chemical. ~onsti
1. Acenaphthene
2. l,2,4-Trichlorobenzene
3. 2,4, 6—Trichlorophenol
4. 2-Chlorophenol
5. 2, 4—Dichlorophenol
6. 2 ,4—Dimethylphenol
7. Fluoranthene
8. Trichiorofluoromethane
9. Naphthalene
10. Nitrobenzene
11. 4—Nitrophenol
12. 2,4—Dinitrophenol
13. 4, 6—Dinitro-o-cresol
14. n—Nitrosodiphenylamine
15. Pentachlorophenol
16. Phenol
17. bis—(2-ethylhexyl) phthalate
18. Butyl benzyl phthalate
82
19. Di—n-butyl phthalate
20. Di-n-octyl phthalate
21. Dimethyl phthalate
22. Benzo (a) anthracene
23. Chrysene
24. Acenaphthene
25. Anthracene
26. Fluorene
27. Phenanthrene
28. Pyrene
29. Formaldehyde
30. Formic acid
31. Methanol
32. Methyl ethyl ketone
33. Methyl isobutyl ketone
34. Carbon disulfide
35. Isobutanol
36. Pyridine
37. Chloroform
38. Methylene chloride
39. Methyl chloride
40. Paraldehyde
41. Chloroacetaldehyde
42. Phorate
43. Phosphorodithioic acid
44. Phosphorodithioic acid esters
45. Toluene diisocyanate
46. Urethane
47. Maleic anhydride
48. Benzo(a)pyrene
49. Cresol
50. Acetaldehyde
51. Phthalic acid esters
52. Acetone
53. Benzoic acid
54. 2-Methylnaphthalene
55. sec—Butylbenzene
56. Diethylbenzenes
57. Dimethylnaphthalenes
58. p-Ethyltoluene
59. n-Hexane
60. Isopropylbenzene
61. 1- & 2-Methylnaphthalene
62. 1,2, 4-Trimethylbenzene
63. 1, 3, 5-Trimethylbenzene
64. t-Butylberizene
IT IS SO ORDERED.
83
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, do hereby certify that the abQ~yeopinion and r er was
adopted by the Board on the
‘—“
day of
.
1993, by a vote of
________.
~7U.
Dorothy M.4’Gunn, Clerk
Illinois ~Dllution Control Board
